Sewerage undertakers discharged surface water and treated effluent into canals owned by Manchester Ship Canal Company without consent. The Supreme Court held there is no general statutory right of discharge into private watercourses, but an implied right exists for outfalls already in use before 1 December 1991. Facts The Manchester...
Whiston was released early on home detention curfew before reaching the automatic release point of his 18-month robbery sentence. His licence was revoked and he was recalled without judicial review. The Supreme Court held that article 5(4) ECHR was not engaged during a determinate sentence. Facts The appellant, Stuart Whiston,...
Kevin Nunn, convicted of murder in 2006, sought ongoing police disclosure and re-testing of evidence to challenge his conviction. The Supreme Court held that post-conviction disclosure duties are narrower than pre-trial duties, limited to material casting doubt on conviction safety. Facts Kevin Nunn was convicted in November 2006 of the...
The Supreme Court considered how confiscation orders under the Proceeds of Crime Act 2002 should be made against multiple conspirators who jointly obtained criminal proceeds. It held each defendant is liable for the full amount, but enforcement must be limited to prevent double recovery. Facts Two conjoined appeals concerned post-conviction...
T received police warnings aged 11 for stealing bicycles; JB received a caution for stealing false fingernails. Both had these disclosed on enhanced criminal record certificates years later, jeopardising employment. The Supreme Court held the disclosure regime under the Police Act 1997 violated Article 8 ECHR. Facts The case concerned...
HMRC officers detained alcoholic goods at warehouses pending enquiries into whether excise duty had been paid. The Supreme Court held that detention was lawful under the statutory power of examination, not section 139(1) of the Customs and Excise Management Act 1979, which requires actual liability to forfeiture. Facts These conjoined...
A dispute arose within a Sikh sect over trusteeship of Gurdwaras in Birmingham and High Wycombe. The Supreme Court held that religious issues are justiciable where necessary to determine civil rights, overturning the Court of Appeal's permanent stay of proceedings. Facts The appeal concerned divisions within a Sikh sect associated...
A solicitor and equity member of Clyde & Co LLP made disclosures about bribery by a Tanzanian joint venture partner and was expelled. The Supreme Court held that a member of an LLP can be a 'worker' under section 230(3)(b) of the Employment Rights Act 1996, entitling her to whistle-blower...
Local residents sought to register a council-owned recreation field as a town or village green under section 15 of the Commons Act 2006. The Supreme Court held their use was 'by right' under statutory housing powers, not 'as of right', and disapproved Beresford. Facts Helredale playing field (‘the Field’), a...
Two Somali asylum seekers claimed persecution risk in Somalia, but the Home Secretary relied on Sprakab linguistic reports linking their speech to Kenya. The Supreme Court dismissed the Home Secretary's appeals, criticising over-reliance on Sprakab's 'knowledge of country' assessments and the Upper Tribunal's prescriptive guidance in RB. Facts The respondents,...
A Lithuanian boy raised by his grandparents since birth was forcibly taken by his mother to Northern Ireland. The Supreme Court held the grandparents possessed 'inchoate' rights of custody under the Hague Convention, making the removal wrongful and requiring the child's return to Lithuania. Facts Karl, born in Lithuania in...
Mr George, a convicted drug dealer with indefinite leave to remain, faced deportation but succeeded on Article 8 grounds, revoking the order. The Supreme Court held that revocation of a deportation order does not revive previously invalidated indefinite leave to remain. Facts Mr Fitzroy George was born in Grenada in...
A commercial sub-tenant disputed liability to remove alterations and repair premises on lease expiry, arguing written notice was required. The Supreme Court held neither the Minute of Agreement nor the repairing obligation required prior written notification, allowing the mid-landlord's dilapidations claim to proceed to proof. Facts The appellant, L Batley...
Mr Augustine, a part-time private hire driver, was charged the same fixed weekly circuit fee as full-time drivers, meaning he paid more per hour worked. The Supreme Court held that part-time status need only be an effective cause, not the sole cause, of less favourable treatment under the 2000 Regulations....
The UK Supreme Court held that an unrecognised and unregistrable foreign judgment (a Russian judgment against a former director) can constitute a 'debt' under section 267 of the Insolvency Act 1986, sufficient to found a bankruptcy petition, reversing the Court of Appeal. Facts Servis-Terminal LLC (‘ST’), a Russian company in...
Ambreen Sheikh suffered catastrophic brain injury from glimepiride poisoning after earlier caustic burns inflicted by her in-laws. The Supreme Court restored their convictions under section 5 DVCVA 2004, holding that section 5(1)(d)(iii) focuses on foreseeable circumstances, not the precise unlawful act. Facts Ambreen Fatima Sheikh, a 30-year-old Pakistani national, entered...
Tesla sought declarations in the English courts concerning FRAND terms for a 5G standard essential patent licence offered through Avanci's platform, including InterDigital's UK SEPs. The Supreme Court allowed Tesla's appeal, holding there was a serious issue to be tried and jurisdiction existed. Facts Tesla wished to launch 5G-enabled vehicles...
The Home Secretary issued a £15,000 civil penalty notice to a Middlesbrough restaurant for employing an illegal worker, citing all three mutually exclusive limbs of section 15(1) of the 2006 Act without specifying which applied. The Supreme Court held the notice was invalid for failing to give proper reasons. Facts...
The parties underwent an Islamic Nikah ceremony in London in 1998, knowing it had no legal effect and intending a later civil ceremony which never took place. The Court of Appeal held this was a 'non-qualifying ceremony', not a void marriage, so no decree of nullity could be granted. Facts...
Bahraini agents allegedly hacked the computers of two UK-based pro-democracy activists using FinSpy spyware, operated remotely from Bahrain, causing psychiatric injury. The Supreme Court held by majority that section 5 of the State Immunity Act 1978 removes state immunity where causative acts occur in the UK, even if the actor...
AXA and GREA, follower claimants in a group litigation order concerning unlawful UK taxation of foreign dividends, sought to rely on the Prudential test case decision. The Supreme Court dismissed their appeal, holding the court could 'order otherwise' under CPR r 19.23(1)(a) where subsequent authority had shown the test case...
Buyers cancelled a ship sale contract under clause 14 of the Norwegian Saleform 2012 after sellers' negligent failure to deliver on time. The Supreme Court held buyers could recover loss of bargain damages of US$1.85m despite no repudiatory breach, upholding the Court of Appeal. Facts The parties entered into a...
Mrs Bano was offered private rented sector accommodation in Derby by Waltham Forest, which she refused. She later sought judicial review claiming the main housing duty continued. The Supreme Court held the duty ceased automatically on refusal of a compliant offer, and a statutory review under section 202 was her...
Mr Costa, a company director, covertly pursued his own sale strategy for the company, concealing it from and misleading the board, contrary to the agreed Exit strategy. The Supreme Court held this breached section 172 of the Companies Act 2006, requiring good faith in conduct, not just belief. Facts Spring...
Animal rights protesters blocked a private road leading to a Müller dairy works, preventing vehicles from entering or leaving. The Supreme Court held that obstructing passage on a private road cannot constitute public nuisance under section 78(1)(b)(ii) of the Police, Crime, Sentencing and Courts Act 2022, as the public has...