May 5, 2026
B, an Algerian national subject to deportation on national security grounds, could not lawfully be removed or detained under Hardial Singh principles. The Supreme Court held that SIAC had no power to grant immigration bail where lawful detention was no longer possible. Facts B, an Algerian national, had been in...
May 5, 2026
Chagossian representative Bancoult challenged the 2010 Marine Protected Area around the Chagos Islands, alleging improper motive to prevent resettlement and inadequate consultation regarding Mauritian fishing rights. The Supreme Court dismissed the appeal, holding the MPA was lawfully established by the Foreign Secretary. Facts The appellant, chair of the Chagos Refugees...
May 5, 2026
Mr Gibson, convicted of drug trafficking, faced a £5.4m confiscation order with a six-year default prison term. The Supreme Court held that credit for part payments should be calculated against the original sum, not the sum plus accrued interest, entitling him to 11 extra days' reduction. Facts Mr Gibson was...
May 5, 2026
Police obtained search warrants against Mr Haralambous under PACE section 8, partly based on information withheld from him on public interest grounds. The Supreme Court held that magistrates, Crown Courts, and High Courts on judicial review may all rely on such closed material without gisting being invariably required. Facts On...
May 4, 2026
Four part-time fee-paid judges claimed pension entitlements under the Part-time Workers Regulations 2000. The Supreme Court held that time for bringing a claim runs from retirement, not from the end of each fee-paid appointment, allowing their claims to proceed. Facts The appellants were four judges who had held one or...
May 4, 2026
The Supreme Court considered two conjoined appeals on the Zambrano principle, concerning derivative residence rights for non-EU nationals caring for EU citizen dependants. Mr Patel, caring for ill British parents, lost his appeal. Mr Shah, primary carer of his British son, succeeded. Facts Two conjoined appeals concerned the scope of...
May 4, 2026
The Supreme Court considered whether land held by public authorities for statutory education and health purposes could be registered as town or village greens. The majority held that statutory incompatibility defeated registration in both cases, extending the Newhaven principle. Facts Two conjoined appeals concerned applications to register land as town...
May 4, 2026
Grampian, an insolvent company, sold its principal property to Carnbroe for £550,000, well below its open market value of £800,000+. The Supreme Court held this was not adequate consideration under section 242 of the Insolvency Act 1986 but remitted to consider a flexible remedy protecting the bona fide purchaser. Facts...
May 4, 2026
Five asylum seekers were detained in the UK pending transfer to other EU states under the Dublin III Regulation. The Supreme Court held that the Secretary of State's policy in Chapter 55 of the EIG failed to meet Dublin III's requirement for objective criteria defined by law, rendering their detention...
May 4, 2026
Ms Jhuti, a Royal Mail employee on trial, made protected disclosures about her colleagues' improper conduct. Her line manager fabricated performance concerns leading an unwitting decision-maker to dismiss her. The Supreme Court held the hidden true reason, not the decision-maker's invented reason, constituted the reason for dismissal. Facts Ms Jhuti...
May 4, 2026
A former miner instructed solicitors to pursue a Vibration White Finger claim under a statutory compensation scheme but, due to negligent advice, settled without pursuing a services award. The Supreme Court held that later medical evidence was irrelevant to valuing the lost claim under the Scheme. Facts Mr Thomas Watkins...
May 4, 2026
The Supreme Court held that a developer's promise of a community benefit fund donation, tied to a proposed wind turbine, was not a material planning consideration. Planning permission cannot be bought through benefits unrelated to land use, reaffirming the Newbury criteria. Facts Resilient Energy Severndale Ltd applied to Forest of...
May 4, 2026
RR's housing benefit was reduced under the 'bedroom tax' despite his disabled partner needing a separate bedroom. The Supreme Court held that public authorities and tribunals must disapply subordinate legislation where applying it would breach Convention rights under the Human Rights Act 1998. Facts The appellant, RR, lived with his...
May 4, 2026
Agnes Reeves Taylor, ex-wife of former Liberian President Charles Taylor, was charged with torture under section 134 of the Criminal Justice Act 1988 for acts allegedly committed in 1990 as a member of the NPFL rebel group. The Supreme Court clarified the meaning of 'person acting in an official capacity'....
May 4, 2026
Singularis' chairman and sole shareholder fraudulently directed Daiwa, its broker-bank, to make payments totalling US$204m, misappropriating company funds. The Supreme Court held Daiwa breached its Quincecare duty and the chairman's fraud could not be attributed to the company to defeat the claim. Facts Singularis Holdings Ltd was a Cayman Islands...
May 4, 2026
A father sought the summary return of his young daughter from England to Israel. The Court of Appeal, having set aside a Hague Convention order, itself made a return order under the inherent jurisdiction. The Supreme Court allowed the mother's appeal, holding the jurisdiction was available but had been exercised...
May 4, 2026
Travelers insured Transform, a clinic supplying defective PIP breast implants. In group litigation, uninsured claimants sought a non-party costs order against Travelers under section 51. The Supreme Court allowed Travelers' appeal, holding it had not unjustifiably intermeddled in the uninsured claims. Facts The appeal arose from group litigation concerning defective...
May 4, 2026
A landlord refused consent for a tenant's planning application to change part-use to residential, fearing increased risk of leasehold enfranchisement. The Supreme Court, by majority, held the refusal was reasonable, as protecting the reversion is a legitimate landlord concern. Facts The case concerned 51 Brewer Street, Soho, a six-storey terraced...
May 4, 2026
Vauxhall held a perpetual licence from MSCC to discharge water across canal land for £50 annual rent. After missing payment, MSCC terminated. The Supreme Court held equity's jurisdiction to relieve against forfeiture extends to possessory rights over land, not merely proprietary interests. Facts The Manchester Ship Canal Company Ltd (MSCC)...
May 4, 2026
Professor Shanks invented a glucose biosensor while employed by a Unilever research subsidiary. Unilever earned around £24m from licensing the patents. The Supreme Court held the patents were of outstanding benefit and awarded him a fair share of £2m. Facts Professor Shanks was employed from 1982 to 1986 by Unilever...
May 4, 2026
A district judge raised concerns about court cuts and suffered alleged detriments. The Supreme Court held that whilst judges are not 'workers' under the Employment Rights Act 1996, excluding them from whistle-blowing protection breached Article 14 ECHR, requiring the statute to be read to include them. Facts The appellant, Claire...
May 4, 2026
Mrs Coulter, domiciled in Jersey, left her UK estate to a Jersey-law charitable trust. HMRC refused inheritance tax relief under section 23 of the Inheritance Tax Act 1984. The Supreme Court allowed the appeal, holding that refusal breached EU free movement of capital. Facts Mrs Beryl Coulter died domiciled in...
May 3, 2026
D, a 16-year-old with multiple disabilities including autism and Tourette's, was placed in residential accommodation with continuous supervision. His parents consented to arrangements that would otherwise deprive him of his liberty. The Supreme Court held that parental consent could not authorise such deprivation for a 16 or 17-year-old, requiring Article...
May 3, 2026
The Supreme Court held that article 24(2) of the Brussels I Recast Regulation must be interpreted strictly. English courts had no jurisdiction over the authority claim challenging the Turkish trustees' appointment, as that claim's principal subject matter concerned a Turkish company's internal affairs. Facts Koza Altin, a publicly listed Turkish...
May 3, 2026
A Scottish farming company purchased EU Single Farm Payment entitlements to fund its taxable business activities. HMRC refused to allow deduction of input VAT on the purchases. The Supreme Court dismissed HMRC's appeal, holding the VAT was deductible as business overheads. Facts Frank A Smart & Son Ltd (FASL) is...
July 5, 2026
National Case Law Archive
July 1, 2026
National Case Law Archive
July 1, 2026
National Case Law Archive