June 30, 2026
An Iranian Kurd who had twice been granted refugee status by UNHCR (in Iraq and Turkey) sought asylum in the UK. The Supreme Court considered the weight to be given to UNHCR refugee status determinations by national decision-makers, dismissing his appeal but clarifying the applicable principles. Facts The appellant, referred...
June 30, 2026
Three Mackle brothers and Henry McLaughlin pleaded guilty to fraudulent evasion of tobacco duty and consented to confiscation orders calculated on the evaded duty. The Supreme Court held the consent was based on a mistake of law, quashed the orders, and remitted the cases. Facts The three Mackle brothers (Patrick,...
June 30, 2026
Raymond Brownlee dismissed his legal team late in his Crown Court trial. New counsel could not be retained for sentencing because the fixed legal aid fees made no provision for preparatory work. The Supreme Court held the Rules were ultra vires for failing to address this. Facts Raymond Brownlee was...
June 29, 2026
An HGV driver resigned claiming constructive unfair dismissal after workplace pressures and a perceived 'checking up' incident, citing earlier 2017 safety incidents. The EAT held the Tribunal misdirected itself on the 'last straw' test and remitted the case to a freshly constituted Tribunal. Facts The claimant, Mr James Marshall, was...
June 29, 2026
Ms Wainwright resigned after her employer misled her about a colleague's permanent appointment to her role during her cancer-related absence. The EAT held the Tribunal erred in analysing whether discriminatory acts under section 15 Equality Act 2010 constituted repudiatory breaches contributing to her resignation. Facts The Appellant, Ms Wainwright, had...
June 29, 2026
Dr Barry, a GP suffering from myasthenia gravis, resigned after her employer stopped her sick pay. The EAT held the tribunal erred in finding she had affirmed her contract by delaying resignation whilst negotiating, and substituted a finding of unfair constructive dismissal. Facts The claimant, Dr Kate Barry, was a...
June 29, 2026
Dr Leaney, employed for over 40 years, resigned alleging constructive dismissal through cumulative breach of trust and confidence. The tribunal found he had affirmed the contract during a three-month delay before resigning. The EAT allowed his appeal, finding the tribunal had erred in its approach to affirmation. Facts Dr Paul...
June 29, 2026
A teacher resigned after prolonged mistreatment during disciplinary and grievance processes. The EAT held the Tribunal erred in dismissing his constructive dismissal claim by focusing only on the final 'innocuous' act, and substituted findings of constructive and unfair dismissal. Facts The Claimant, Mr Williams, was a teacher employed at Alderman...
June 28, 2026
A nurse resigned after disciplinary proceedings and a final written warning following a workplace altercation, claiming constructive unfair dismissal. The Court of Appeal upheld the striking out of her claim, clarifying the 'last straw' doctrine and affirmation principles in cumulative breach cases. Facts The Appellant, Ms Harpreet Kaur, was employed...
June 28, 2026
Mr Omilaju resigned after his employer refused to pay wages for days he spent attending his own employment tribunal hearing. The Court of Appeal held this lawful refusal could not constitute a 'last straw' justifying constructive dismissal, clarifying the doctrine. Facts Mr Omilaju was employed by the London Borough of...
June 28, 2026
Professor Buckland resigned after the university re-marked his exam papers without authority, undermining his integrity. The Court of Appeal held that the test for repudiatory breach in employment is objective, not 'range of reasonable responses', and that a repudiatory breach, once committed, cannot be unilaterally cured. Facts Professor Paul Buckland...
June 28, 2026
Two innocent BCCI employees, dismissed on redundancy after the bank's corrupt collapse, claimed stigma damages for impaired job prospects. The House of Lords held the bank breached the implied term of mutual trust and confidence, allowing recovery of foreseeable financial loss. Facts Mr Mahmud and Mr Malik were long-serving employees...
June 28, 2026
An employee resigned after his employer refused to advance holiday pay or a loan following a disciplinary suspension. The Court of Appeal held there was no constructive dismissal, establishing that the contract test, not unreasonableness, governs whether an employee has been constructively dismissed. Facts Mr Sharp was employed by Western...
June 28, 2026
Campaigners and local authorities challenged the Government's HS2 high-speed rail proposals, arguing the command paper required strategic environmental assessment and that the hybrid bill procedure breached EU environmental directives. The Supreme Court unanimously dismissed the appeals, addressing important constitutional questions about Parliament and EU law. Facts The Government announced its...
June 28, 2026
A mother sought the summary return of her four children from England to Spain under the Hague Convention. The Supreme Court held that, when determining habitual residence, the state of mind of an adolescent child during her residence is a relevant factor, and remitted the issue. Facts The father, a...
June 24, 2026
Mrs Roberts, a support worker of African-Caribbean heritage, was stopped and searched without suspicion on a London bus under section 60 of the Criminal Justice and Public Order Act 1994. The Supreme Court held the suspicionless stop and search power was compatible with article 8 ECHR. Facts On 9 September...
June 24, 2026
The appellants failed to comply with an 'unless' order requiring disclosure, leading to a debarring order. After their first application for relief from sanctions failed, they made a second application before another judge. The Supreme Court held that CPR 3.1(7) required a material change of circumstances, which was absent. Facts...
June 24, 2026
Macklin was convicted of firearms offences based largely on police dock identifications. Years later, undisclosed witness statements and fingerprint evidence emerged. The Supreme Court dismissed his appeal, confirming the High Court had correctly applied the McInnes disclosure test and that the Supreme Court's jurisdiction was limited. Facts The appellant, Paul...
June 24, 2026
Wang Yam, convicted of murder following a partially in camera trial, applied to the European Court of Human Rights and sought to disclose in camera material in his response. The Supreme Court held English courts retained a discretionary power to refuse such disclosure. Facts The appellant, Wang Yam, was convicted...
June 24, 2026
GET acquired SeaFrance's ferry assets after its liquidation, resuming services with ex-employees via SCOP. The Supreme Court held the Competition and Markets Authority was entitled to find this constituted acquisition of an 'enterprise', triggering UK merger control jurisdiction under the Enterprise Act 2002. Facts SeaFrance SA, a subsidiary of French...
June 24, 2026
Trump International challenged Scottish Ministers' consent for an offshore windfarm near its golf resort, arguing only licence holders could apply under section 36 of the Electricity Act 1989 and that a design condition was void for uncertainty. The Supreme Court unanimously dismissed the appeal. Facts Trump International Golf Club Scotland...
June 24, 2026
Jack Harvey was convicted of handling stolen goods used in his plant hire company. The Supreme Court held that, although VAT accounted for to HMRC was technically 'obtained' under POCA, including it in a confiscation order would be disproportionate under A1P1, allowing his appeal. Facts The appellant, Jack Harvey, established...
June 24, 2026
Marks and Spencer paid a full quarter's rent in advance before exercising a break clause mid-quarter. It sought repayment of the apportioned rent for the post-termination period. The Supreme Court dismissed the appeal, refusing to imply such a term, and restated the principles for implying terms into contracts. Facts Marks...
June 24, 2026
A Moroccan mother wrongfully removed her son from Morocco to England in 2013. The father sought summary return. The Supreme Court held that the English court had jurisdiction under article 11 of the 1996 Hague Convention to order protective measures, including return, in cases of urgency. Facts Saleem, born in...
June 24, 2026
Two conjoined appeals examined the law on contractual penalty clauses. In Cavendish, share sale clauses forfeiting deferred payments and forcing share transfers at undervalue upon breach of restrictive covenants were upheld. In ParkingEye, an £85 parking overstay charge was held neither penal nor unfair under consumer regulations. The Supreme Court...
July 5, 2026
National Case Law Archive
July 1, 2026
National Case Law Archive
July 1, 2026
National Case Law Archive