April 28, 2026
An elderly widow changed her will shortly before death, leaving everything to one son and excluding another son and grandson. The High Court found the new will was procured by undue influence and fraudulent calumny, and pronounced against it in favour of the earlier 1990 will. Facts Mrs Winifred Victoria...
April 28, 2026
The Court of Appeal dismissed Julia's appeal against a ruling invalidating her mother's 2007 will, which had cut out her brother Peter from the residuary estate. Whilst doubting the lack of testamentary capacity finding, the court upheld want of knowledge and approval. Facts The deceased, Daphne Burgess, died in May...
April 28, 2026
Dr Jack Leonard's children challenged his 2015 will, made without professional legal supervision by a tax adviser, which favoured his second wife's family over his own. The court found he lacked testamentary capacity due to dementia and pronounced against the 2015 will, admitting the 2007 will to probate. Facts Dr...
April 28, 2026
The House of Lords addressed the standard of proof in care proceedings under section 31(2) of the Children Act 1989. It reaffirmed that facts must be proved on the simple balance of probabilities, rejecting any 'heightened' civil standard, and that unproven allegations cannot ground findings of likely future harm. Facts...
April 28, 2026
The Court of Appeal considered whether an elderly testator with moderately severe dementia had testamentary capacity to execute a 2016 will changing bequests following his son's suicide. The Court allowed the appeal, finding the judge had given insufficient weight to the drafting solicitor's and GP's evidence. Facts The Deceased, Evan...
April 28, 2026
A probate dispute between siblings over their mother's wills. The High Court upheld the Deputy Master's finding that the testatrix lacked capacity due to an affective disorder and insane delusions about her daughter, confirming that the Banks v Goodfellow test, not the Mental Capacity Act 2005, governs testamentary capacity. Facts...
April 28, 2026
Mr Adam, suffering from severe multiple sclerosis, executed a 2001 will disinheriting his daughters in favour of long-serving employees. The Court of Appeal upheld the finding that he lacked testamentary capacity, as disease had poisoned his natural affections despite preserved cognitive understanding. Facts Mr Neil Adam, a former veterinary surgeon...
April 28, 2026
An 89-year-old widower made a new will a week after his wife's 65-year marriage ended in her death, radically favouring his daughters over his sons. The court held he lacked testamentary capacity due to bereavement-induced affective disorder combined with mild cognitive impairment. Facts George Douglas Key, a Norfolk farmer, died...
April 28, 2026
Peter Fuld, a wealthy German-born man with complex international ties, died leaving a will and four codicils. Scarman J held him domiciled in Germany, admitted only the will and first codicil to probate, and established important principles on domicile, choice of law and burden of proof in probate. Facts Peter...
April 28, 2026
A testator's 2014 will left his farm outright to one son, Richard, contrary to earlier instructions giving all four sons shares. The court found the testator lacked knowledge and approval of this change and ordered words omitted from probate to reflect his true intentions. Facts The testator, John Williams, died...
April 28, 2026
Mrs Gill left her £1m farm to the RSPCA, disinheriting her only daughter. The Court of Appeal revoked probate, finding Mrs Gill's severe agoraphobia meant she did not know or approve of the will's contents when executed at her solicitor's office. Facts Mrs Joyce Gill and her husband John Gill...
April 28, 2026
A husband and wife executed each other's wills by mistake due to their solicitor's oversight. After both died, the Supreme Court held the husband's will could be rectified under section 20 of the Administration of Justice Act 1982 as a clerical error, validating the intended bequest. Facts On 17 May...
April 28, 2026
Mrs Ilott, estranged from her mother for 26 years, was excluded from her will in favour of animal charities. She successfully claimed under the Inheritance (Provision for Family and Dependants) Act 1975. The Supreme Court restored the District Judge's modest £50,000 award, overturning the Court of Appeal's more generous provision....
April 28, 2026
Anna Rea's 2015 Will left her house to her daughter Rita, who cared for her, excluding her three sons. The Court of Appeal overturned the trial judge's finding of undue influence, holding the evidence did not support coercion and admitted the will to probate. Facts Anna Rea, an elderly woman...
April 27, 2026
ICOS/Eli Lilly's patent claimed a 1-5mg daily dose of tadalafil (Cialis) for treating erectile dysfunction. Generic manufacturers challenged it as obvious. The Supreme Court upheld the Court of Appeal's finding that the dosage patent lacked an inventive step, as routine dose-ranging trials would inevitably have led to the 5mg dose....
April 27, 2026
SAE Education Ltd, a commercial education provider closely linked with Middlesex University, claimed VAT exemption as a 'college of a university'. The Supreme Court allowed its appeal, holding that integration of educational activities, not formal constitutional status, is the correct test. Facts SAE Education Ltd (SEL) is the UK arm...
April 27, 2026
Mrs Takhar sought to set aside a judgment she lost, alleging it was procured by a forged profit-share agreement. The Supreme Court held that a party seeking to set aside a judgment for fraud need not prove the fraud could not have been discovered with reasonable diligence. Facts Mrs Balber...
April 27, 2026
Lehman Brothers International (Europe)'s administration generated an unprecedented £7 billion surplus, with around £5 billion payable as statutory interest to creditors. The Supreme Court held that this statutory interest qualified as 'yearly interest' under section 874 of the Income Tax Act 2007, requiring administrators to deduct income tax at source....
April 27, 2026
A Jamaican national facing deportation made further human rights submissions after his appeal rights were exhausted. The Supreme Court held that such submissions must first be accepted as a fresh claim under rule 353 of the Immigration Rules before any right of appeal arises under section 82. Facts The appellant,...
April 27, 2026
KV, a Sri Lankan Tamil, claimed asylum alleging torture evidenced by burn scars from hot metal rods. The tribunal found his scars were self-inflicted by proxy. The Supreme Court allowed his appeal, holding the tribunal's reasoning flawed and clarifying medical experts' proper role. Facts KV, a Sri Lankan national of...
April 27, 2026
Hugh Jordan's son was shot by an RUC officer in 1992. After decades of delayed inquests, Jordan sought damages under the Human Rights Act for Article 2 breaches. The Supreme Court held the Court of Appeal wrongly imposed a near-automatic stay on such claims pending inquest conclusion. Facts Pearse Jordan...
April 27, 2026
A Czech national convicted in absentia of fraud challenged his extradition under an EAW, arguing he should be treated as 'accused' rather than 'convicted' because he had an unqualified right to retrial. The Supreme Court dismissed the appeal, holding he was properly categorised as convicted. Facts The appellant, Mr Karel...
April 27, 2026
Patrick Finucane, a Belfast solicitor, was murdered in 1989 by loyalist paramilitaries with state collusion. His widow challenged the government's refusal to hold a promised public inquiry. The Supreme Court declared no Article 2 compliant investigation had occurred but refused to order a public inquiry. Facts On 12 February 1989,...
April 27, 2026
Ms Cameron was injured by a hit-and-run driver of an insured Nissan Micra. She sought to sue the unidentified driver and have the insurer satisfy any judgment. The Supreme Court held an unidentifiable defendant cannot generally be sued where service cannot meaningfully be effected. Facts On 26 May 2013, Ms...
April 27, 2026
A retired miner with Vibration White Finger sued his former solicitors for negligently failing to advise him to claim a Services Award. The Supreme Court restored the trial judge's decision, holding the claimant had failed to prove he would have made an honest claim. Facts Mr Frank Perry, a retired...
April 30, 2026
National Case Law Archive
April 30, 2026
National Case Law Archive
April 30, 2026
National Case Law Archive