A water well engineering company lost its gross payment status under the Construction Industry Scheme due to late PAYE payments. The Supreme Court held HMRC was not required to consider the cancellation's business impact, dismissing the appeal on statutory construction and human rights grounds. Facts JP Whitter (Water Well Engineers)...
Project Blue Ltd purchased Chelsea Barracks for £959m from the MoD, using Shari'a-compliant Ijara financing from a Qatari bank. The Supreme Court held that anti-avoidance provisions in section 75A of the Finance Act 2003 applied, making PBL liable for £50m SDLT. Facts Project Blue Ltd (PBL), principally owned by Qatari...
Mr Smith, a plumber engaged by Pimlico Plumbers under contracts labelling him self-employed, brought claims for unfair dismissal, unlawful deductions, holiday pay and disability discrimination. The Supreme Court held he was a ‘limb (b) worker’, allowing his statutory claims to proceed. Facts Mr Smith worked as a plumbing and heating...
Richemont Group obtained website-blocking injunctions against major UK ISPs to stop access to sites selling counterfeit luxury goods infringing its trade marks. The Supreme Court held that rights-holders, not innocent ISPs acting as 'mere conduits', must indemnify the ISPs' reasonable compliance costs. Facts The respondents (Cartier, Montblanc, IWC and related...
The Northern Ireland Human Rights Commission challenged Northern Ireland's abortion laws as incompatible with ECHR articles 3 and 8 in cases of fatal foetal abnormality, rape, and incest. The Supreme Court found the Commission lacked standing, but a majority indicated the law was incompatible with article 8. Facts The Northern...
The vessel 'B Atlantic' was detained in Venezuela after unknown third parties attached cocaine to her hull in a smuggling attempt. The owners claimed on their war risks policy. The Supreme Court held the loss was not caused by persons acting maliciously and, in any event, was excluded as arising...
Tobacco manufacturers and retailers entered Early Resolution Agreements with the OFT but did not appeal. When the OFT repaid another party (TMR) following a mistaken assurance, the respondents claimed unequal treatment. The Supreme Court held the OFT's differential treatment was objectively justified and rational. Facts In March 2003, the Office...
Rock Advertising orally agreed a revised payment schedule with MWB's credit controller, despite the licence containing a No Oral Modification clause. The Supreme Court held such clauses are legally effective, so the oral variation was invalid, restoring MWB's judgment. Facts MWB Business Exchange Centres Ltd operated serviced offices in central...
A married couple convicted of benefit fraud spanning pre- and post-2003 offences challenged confiscation orders made under the Proceeds of Crime Act 2002. The Supreme Court held by majority that POCA 2002 applied to post-commencement offences where the Crown disclaimed reliance on earlier offences. Facts The appellants, Ms McCool and...
Mrs Haywood, facing redundancy, was on holiday when her employer's termination letter was delivered. She read it on her return, on her 50th birthday threshold date. The Supreme Court held notice ran only when she actually read it, entitling her to an enhanced pension. Facts Mrs Haywood was a long-serving...
Haven Insurance settled road traffic claims directly with claimants, bypassing their solicitors Edmondson and avoiding fixed costs payable under the RTA Protocol. The Supreme Court held that the solicitors' equitable lien entitled Edmondson to recover their charges directly from Haven. Facts Gavin Edmondson Solicitors (“Edmondson”) represented six claimants under Conditional...
The first defendant sold her interest in a care support business and agreed to non-compete, non-solicit and confidentiality covenants, which she breached by running a rival company. The Supreme Court held negotiating damages were unavailable; ordinary compensatory damages must be assessed. Facts The first defendant established a business in 1999...
JSC BTA Bank alleged Mr Khrapunov conspired with his father-in-law Mr Ablyazov to hide assets in breach of freezing and receivership orders. The Supreme Court held contempt of court could constitute unlawful means for conspiracy, and English courts had jurisdiction under the Lugano Convention as the conspiratorial agreement was made...
Employees exposed to platinum salts through their employer's negligence developed platinum salt sensitisation, preventing them from working in areas risking further exposure. The Supreme Court held this asymptomatic physiological change constituted actionable personal injury, reversing the lower courts' decisions. Facts The claimants worked for Johnson Matthey Plc in factories producing...
Kevin Maguire, a Crown Court defendant with legal aid for two counsel, challenged the Bar of Northern Ireland's rule requiring that one be senior counsel. The Supreme Court held this rule promoted, rather than breached, his article 6 fair trial rights. Facts The appellant, Kevin Maguire, was a defendant in...
A primary school head teacher was summarily dismissed for failing to disclose her close relationship with a partner convicted of making indecent images of children. The Supreme Court upheld the tribunal's finding that her dismissal was not unfair, confirming her duty to disclose. Facts Ms Reilly, an experienced teacher with...
Iceland Foods installed a specialised air handling system to maintain temperatures suitable for its integral refrigerated cabinets displaying frozen and chilled goods. The Supreme Court held the system was used as part of a 'trade process' and thus excluded from rateable value calculations. Facts Iceland Foods Ltd, a supermarket specialising...
A solicitor, acting for a borrower, sent a careless email to the lender falsely stating the entire loan was being repaid, causing the lender to discharge its security over retained units. The Supreme Court held she owed no duty of care as the lender's reliance without checking its own file...
Mr Barton, a litigant in person, attempted to serve a professional negligence claim form on the defendant's solicitors by email on the last day of its validity, without checking they would accept email service. The Supreme Court refused to validate service under CPR 6.15(2). Facts Mr Barton, acting as a...
Two victims of serial rapist black cab driver John Worboys sued the Metropolitan Police for failures in investigating his crimes. The Supreme Court held that article 3 ECHR imposes an investigative duty on police, and serious operational failures can breach it, entitling victims to compensation. Facts Between 2003 and 2008,...
Mr Mott, a salmon fisherman with leasehold rights to a putcher rank in the Severn Estuary, challenged the Environment Agency's severe catch limits as breaching A1P1. The Supreme Court held that imposing conditions eliminating 95% of his livelihood without compensation was a disproportionate burden. Facts Mr Mott held a leasehold...
A child placed with EU citizen guardians in Algeria under the Islamic kefalah system sought entry to the UK. The Supreme Court referred questions to the CJEU on whether she qualifies as a 'direct descendant' under the Citizens Directive, and confirmed appeal jurisdiction. Facts Susana, an Algerian national born in...
A mother took her two children from Australia to England for what was agreed to be a temporary stay. She later decided not to return. The Supreme Court considered whether habitual residence had shifted to England and whether 'repudiatory retention' exists, ultimately dismissing the father's Hague Convention application. Facts The...
A health and safety inspector served a prohibition notice on Chevron regarding corroded helideck access metalwork. Subsequent testing showed the metalwork was safe. The Supreme Court held that tribunals hearing appeals under section 24 of the 1974 Act may consider evidence arising after the notice was served. Facts Chevron North...
Ms Romein, born in the US in 1978 to a British-descended mother, was refused UK citizenship because her birth had not been registered at a consulate within a year. The Supreme Court held the registration condition inapplicable to female-line descent claims under section 4C. Facts Shelley Elizabeth Romein was born...