Non-party Asbestos Victims Support Groups Forum sought access to trial documents from settled asbestos litigation against Cape. The Supreme Court confirmed courts have inherent jurisdiction, rooted in the open justice principle, to allow non-party access to court documents beyond what procedural rules expressly permit. Facts Cape Intermediate Holdings Ltd (“Cape”),...
A UK tourist on a Kuoni package holiday in Sri Lanka was raped and assaulted by a hotel electrician who offered to guide her to reception. The Supreme Court referred questions to the CJEU on tour operator liability under the Package Travel Directive. Facts In April 2010, Mrs X and...
A slaughterhouse disputed an Official Veterinarian's decision that a bull carcass was unfit for human consumption. The Supreme Court considered whether section 9 of the Food Safety Act 1990 provided a challenge mechanism compatible with EU food safety law, and referred questions to the CJEU. Facts On 11 September 2014,...
An Italian national resident in the UK since 1985, imprisoned for manslaughter in 2001, faced deportation in 2007. The Supreme Court held he had not acquired permanent residence, so could not claim enhanced protection against expulsion under the Citizens' Directive. Facts Mr Franco Vomero, an Italian national, moved to the...
The Supreme Court considered the meaning of 'social support' in descriptor 9c of the PIP daily living activity 'engaging with other people face to face'. It held that social support may include prompting, need not be contemporaneous with the engagement, and must come from someone trained or experienced. Facts The...
Lambeth Council granted permission under section 73 of the Town and Country Planning Act 1990 to vary a condition restricting retail sales at a Streatham store. The decision notice stated 'proposed wording' but did not expressly reimpose it as a condition. The Supreme Court held the permission should be read...
A senior executive at Egon Zehnder sought to join a competitor despite a six-month non-competition covenant. She argued the word 'interested' unreasonably barred even minor shareholdings. The Supreme Court held the clause was in unreasonable restraint of trade but severed the offending words, restoring the injunction. Facts Ms Tillman was...
A Latvian national in the UK claimed state pension credit, relying on permanent residence rights under the Citizens Directive. The Supreme Court dismissed the Secretary of State's appeal, holding the 2009 extension of the Worker Registration Scheme was disproportionate and unlawful under EU law. Facts Ms Tamara Gubeladze, a Latvian...
Alcohol wholesalers refused HMRC approval under the Alcohol Wholesaler Registration Scheme sought to continue trading pending their appeals to the First-tier Tribunal. The Supreme Court held HMRC had no power to grant temporary approval under section 88C ALDA or section 9 of the 2005 Act. Facts The Finance Act 2015...
The m/v RENOS suffered an engine room fire. Owners claimed a constructive total loss under their hull policy. The Supreme Court held pre-notice-of-abandonment costs counted towards repair costs, but SCOPIC environmental salvage charges did not, as they were unconnected with repairing the hull. Facts On 23 August 2012, the m/v...
Ms Samuels, a single mother of four reliant on benefits, was evicted for rent arrears and found intentionally homeless by Birmingham City Council on the basis her accommodation was affordable. The Supreme Court allowed her appeal, holding the council misapplied the affordability assessment under the 1996 Order. Facts The appellant,...
Dennis Hutchings, a former soldier charged with the 1974 attempted murder of John Paul Cunningham in Northern Ireland, challenged the DPP's certificate ordering trial without a jury. The Supreme Court dismissed his appeal, upholding the certificate under the Justice and Security (Northern Ireland) Act 2007. Facts On 15 June 1974,...
Mr and Mrs Hancock sold their company shares for loan notes, later converted into qualifying corporate bonds. They argued the conversion escaped capital gains tax. The Supreme Court dismissed their appeal, holding the transaction comprised two separate conversions. Facts Mr and Mrs Hancock sold their shares in Blubeckers Ltd in...
Mexford House, a vacant office building in Blackpool, was valued for rating purposes despite no actual tenant being willing to pay a positive rent. The Supreme Court held that rateable value could be assessed by reference to general demand for comparable properties, restoring the Upper Tribunal's £370,000 valuation. Facts Mexford...
Privacy International challenged the Investigatory Powers Tribunal's ruling on thematic warrants for computer hacking by GCHQ. The Supreme Court held, by majority, that section 67(8) of RIPA 2000 did not oust the High Court's judicial review jurisdiction over IPT decisions for errors of law. Facts The Investigatory Powers Tribunal (IPT)...
Lone parents of young children challenged the revised benefit cap under the Welfare Reform and Work Act 2016, arguing it unlawfully discriminated against them and their children contrary to Article 14 ECHR. The Supreme Court, by a 5-2 majority, dismissed the appeals. Facts The revised benefit cap, introduced by the...
Zambian villagers sued Vedanta, a UK-domiciled parent company, and its Zambian subsidiary KCM for toxic mine emissions. The Supreme Court upheld English jurisdiction, finding a triable issue on parent company liability and real risk that substantial justice was unobtainable in Zambia. Facts Some 1,826 Zambian citizens from rural farming communities...
Mr Derry bought shares for £500,000 and sold them at a loss, claiming share loss relief against his 2009/10 income. HMRC challenged the claim procedurally. The Supreme Court held he was entitled to claim relief in the earlier year under the Income Tax Act 2007. Facts On 22 March 2010...
Newby Foods challenged the Food Standards Agency's moratorium classifying its desinewed pork and chicken products as mechanically separated meat (MSM) under EU Regulation 853/2004. The Supreme Court dismissed the appeal, holding the CJEU had clearly ruled such products constitute MSM. Facts Newby Foods Ltd developed a two-stage mechanical process to...
Mr Holden caused a fire while welding repairs to his car in his employer's loading bay, damaging the premises. The Supreme Court held his motor insurance policy did not cover the claim, as the damage did not arise from use of the vehicle on a road or public place. Facts...
During WWII, the British Government ordered destruction of Burmah Oil's installations in Burma to prevent them falling into Japanese hands. The House of Lords held by majority that the Crown's exercise of prerogative required payment of compensation, prompting Parliament to pass the War Damage Act 1965 reversing the decision. Facts...
A father successfully appealed out of time against an adoption order made in 2013 granting adoption of his son to the step-father. The mother and step-father had deceived professionals and the court by falsely claiming the father’s identity was unknown. Facts J, aged 11 at the time of the appeal,...
Parents sought to overturn care, freeing and adoption orders concerning three children removed after one child’s fractures were attributed to non-accidental injury. Fresh medical evidence suggested scurvy caused the injuries. The Court of Appeal refused, holding adoption orders could not be set aside. Facts Mr and Mrs Webster had four...
The War Office took possession of De Keyser's Royal Hotel during WWI for housing Royal Flying Corps staff. The Crown claimed it acted under prerogative, owing only ex gratia compensation. The House of Lords held statutory powers under the Defence Act 1842 applied, entitling the owners to compensation. Facts In...
A Libyan asylum seeker challenged the cessation of his income support after the Home Office recorded his claim as determined. By the time of the House of Lords hearing, he had been granted refugee status, rendering the appeal academic. The House declined to hear it. Facts The appellant, a Libyan...