May 11, 2026
Coffee cargoes shipped in unventilated containers from Colombia to Germany were damaged by condensation. The Supreme Court held the carrier bears the legal burden of proving absence of negligence or that damage was caused by an excepted peril under the Hague Rules. Facts Six cargo owners shipped nine consignments of...
May 11, 2026
MM, a restricted patient detained under the Mental Health Act 1983 for arson, sought conditional discharge subject to community conditions amounting to a deprivation of liberty, to which he consented. The Supreme Court held, by majority, that neither the First-tier Tribunal nor the Secretary of State has power to impose...
May 10, 2026
Frank Stott, sentenced to an extended determinate sentence (EDS) for serious sexual offences including child rape, challenged the early release provisions requiring him to serve two-thirds of his custodial term before parole eligibility, arguing this discriminated against him under Article 14 ECHR. The Supreme Court dismissed his appeal by majority....
May 10, 2026
Ms Rhuppiah, a Tanzanian national, challenged her removal from the UK under article 8 ECHR. The Supreme Court interpreted 'precarious' immigration status in section 117B(5) of the 2002 Act as covering anyone with leave short of indefinite leave to remain. Facts Ms Rhuppiah, a Tanzanian national, entered the UK in...
May 10, 2026
Owners of timeshare units at Regency Villas claimed easements over sporting and recreational facilities at the adjacent Broome Park estate, including a golf course, swimming pool, tennis and squash courts. The Supreme Court held, by majority, that such recreational rights could validly exist as easements. Facts Broome Park, a country...
May 10, 2026
Warner-Lambert held a Swiss-form patent for pregabalin to treat pain, including neuropathic pain. Generic manufacturers Mylan and Actavis sought revocation. The Supreme Court held the patent insufficient regarding neuropathic pain claims and, even if valid, would not have been infringed. Facts Warner-Lambert, part of the Pfizer Group, held European Patent...
May 10, 2026
Barnardo's sought to switch its pension scheme indexation from RPI to CPI to reduce the scheme's deficit. The Supreme Court held that the trust deed only permitted trustees to adopt a replacement index if the RPI itself had been officially discontinued. Facts Barnardo’s, the well-known charity and sponsoring employer, operated...
May 10, 2026
After a debtor's protected trust deed was administered and a 'final' dividend paid in ignorance of mis-sold PPI compensation, the Supreme Court held the trust had terminated, the debtor was discharged, and the former trustee had no claim to the later-discovered asset. Facts On 29 September 2006, Mr Davidson (the...
May 10, 2026
The Supreme Court considered four linked appeals concerning the interpretation of Part 5A of the Nationality, Immigration and Asylum Act 2002, addressing whether parental misconduct is relevant when assessing the 'reasonableness' of a child leaving the UK or whether deportation effects on children would be 'unduly harsh'. Facts This judgment...
May 10, 2026
Mr Warner died during a diving trip from a chartered vessel. His widow sued as guardian of their young son after the Athens Convention's two-year limit. The Supreme Court held the son's claim was not time-barred, as Scots law on legal disability suspended limitation under article 16(3). Facts Mr Lex...
May 10, 2026
Nottingham City Council challenged HMO licence conditions allowing undersized attic bedrooms to be occupied by full-time students living cohesively. The Supreme Court held that licensing conditions under the Housing Act 2004 may lawfully restrict occupation to a particular class of person, dismissing the appeal save for deleting an irrational ten-month...
May 10, 2026
A Christian-owned bakery in Northern Ireland refused to bake a cake iced with the message 'Support Gay Marriage' for a gay customer. The Supreme Court held this was not unlawful discrimination on grounds of sexual orientation or political opinion, as the objection was to the message, not the man. Facts...
May 10, 2026
Siobhan McLaughlin cohabited with her partner for 23 years and had four children before his death. She was denied widowed parent's allowance because they were unmarried. The Supreme Court declared the legislation incompatible with Article 14 ECHR read with Article 8. Facts Ms Siobhan McLaughlin and her partner, John Adams,...
May 10, 2026
AR was acquitted of raping a taxi passenger but the rape allegation was disclosed in his Enhanced Criminal Record Certificate when applying for jobs. The Supreme Court dismissed his appeal, holding the disclosure was a proportionate interference with his Article 8 rights. Facts The appellant, AR, was a married man...
May 10, 2026
Mr Y suffered severe brain damage following cardiac arrest and required clinically assisted nutrition and hydration. His family and clinicians agreed withdrawal was in his best interests. The Supreme Court held court approval is not legally required where there is agreement and proper procedures are followed. Facts Mr Y, an...
May 10, 2026
Six refugees airlifted to UK Sovereign Base Areas in Cyprus in 1998 sought resettlement in the UK. The Supreme Court held that the Refugee Convention applies to the SBAs but does not entitle refugees to relocate to the UK's metropolitan territory. Facts The six respondents are refugees from North Africa...
May 10, 2026
Totel Ltd challenged the VAT 'pay-first' appeal requirement as breaching the EU principle of equivalence, arguing other tax appeals lacked such a condition. The Supreme Court dismissed the appeal, holding that Income Tax, CGT and SDLT were not true comparators with VAT. Facts Under section 84 of the Value Added...
May 10, 2026
The Playboy Club obtained a credit reference for a gambler via an associated company, Burlington, without disclosing the Club's interest. BNL negligently confirmed creditworthiness. The Supreme Court held BNL owed no duty of care to the Club as undisclosed principal. Facts In October 2010, Hassan Barakat applied for an £800,000...
May 9, 2026
The Supreme Court considered whether free or discounted property, goods, services or facilities provided for a candidate's benefit only count as election expenses if authorised by the candidate or agent. The Court held authorisation is not required under section 90C of the Representation of the People Act 1983. Facts The...
May 9, 2026
Mrs Owens petitioned for divorce under section 1(2)(b) of the Matrimonial Causes Act 1973, alleging her husband's behaviour meant she could not reasonably be expected to live with him. The Supreme Court reluctantly dismissed her appeal, prompting calls for parliamentary reform. Facts Mr and Mrs Owens were married in 1978...
May 9, 2026
Prudential challenged UK tax rules taxing overseas portfolio dividends differently from domestic ones. The Supreme Court held EU law required tax credits at the foreign nominal rate, but rejected compound interest claims, departing from Sempra Metals, and clarified the treatment of lawful and unlawful ACT. Facts Prudential Assurance Company Ltd...
May 9, 2026
Following divorce, the wife received capital to purchase a mortgage-free home but lost it through unwise property transactions, requiring her to pay rent. The Supreme Court held the court was entitled to decline increasing periodical payments to cover rent, restoring the trial judge's order. Facts Mr and Mrs Mills married...
May 9, 2026
Eight children were placed in foster care after police protection following concerns about their home. Their parents claimed damages under the Human Rights Act for unlawful section 20 accommodation. The Supreme Court held the accommodation was lawful as parents had not unequivocally objected or requested the children's return. Facts The...
May 7, 2026
Taylor Clark Leisure sought to rely on VAT repayment claims made by Carlton, a former member of its VAT group. The Supreme Court held Carlton made the claims on its own behalf, not for TCL, so TCL's claim was time-barred. Facts Taylor Clark Leisure PLC (“TCL”) was the representative member...
May 7, 2026
Goldman Sachs, as assignee of Oak Finance, sued Novo Banco in England for a loan originally made to Portuguese bank BES. The Supreme Court held that a Portuguese Central Bank decision determining the loan liability was never transferred to Novo Banco must be recognised in England under the Reorganisation Directive,...
August 25, 2026
National Case Law Archive
August 25, 2026
National Case Law Archive
August 25, 2026
National Case Law Archive