The Attorney General for Northern Ireland sought to refer a devolution issue concerning whether the Department for Communities' provision of postcode lists to implement Universal Credit breached ECHR rights. The Supreme Court refused to accept the reference, finding the act too remote from the alleged incompatibility. Facts The Attorney General...
FMX imported garlic falsely declared as Cambodian origin, avoiding customs duty. HMRC communicated a post-clearance customs debt demand after the normal three-year limit but within reasonable time, as the imports involved acts liable to give rise to criminal proceedings. The Supreme Court held that where article 221(4) applies, the three-year...
Timothy Crosland, a barrister and director of Plan B Earth, deliberately breached an embargo on a Supreme Court judgment concerning Heathrow Airport expansion to publicise climate change concerns. The court found him in contempt, imposed a £5,000 fine and £15,000 costs. His appeal was dismissed, with the majority confirming jurisdiction...
Dispute over control of Venezuelan Central Bank assets in England between boards appointed by rival claimants to Venezuela's presidency. The Supreme Court held that HMG's recognition of Guaidó as interim President was conclusive under the one voice principle, and that foreign act of state doctrine prevented questioning executive appointments, subject...
The appellant, who identifies as non-gendered, challenged the Home Secretary's policy requiring passports to display only male or female gender markers. The Supreme Court unanimously dismissed the appeal, holding that neither Article 8 nor Article 14 of the ECHR imposed an obligation on the UK to issue passports with an...
Appeals concerning deaths and ill-treatment during the Troubles in Northern Ireland. The Court examined whether the Human Rights Act 1998 imposed investigative obligations under Articles 2 and 3 ECHR for events predating its commencement, determining that the critical date for the genuine connection test is 2 October 2000. The Court...
A slaughterhouse challenged the Food Standards Agency's refusal to use section 9 Food Safety Act 1990 procedure after an Official Veterinarian declared a carcass unfit for human consumption. The Supreme Court, following CJEU guidance, held section 9 incompatible with EU food safety regulations, and judicial review provides sufficient remedy. Facts...
Four British Christians claimed workplace discrimination for manifesting their faith. Eweida was barred from wearing a visible cross at British Airways; Chaplin from wearing one as a nurse; Ladele refused to register civil partnerships; McFarlane refused to counsel same-sex couples. The Court found violation only for Eweida, holding her employer...
Bank Mellat, an Iranian commercial bank, challenged a Treasury order restricting its access to UK financial markets due to alleged connections with Iran's nuclear weapons programme. The Supreme Court allowed the appeal, finding the order was both procedurally unfair for lack of prior consultation and substantively disproportionate as it arbitrarily...
Phyllis Sullivan, a job applicant who was unsuccessful in applications to the Council, claimed detriment for making a protected disclosure to her MP about alleged financial irregularities. The Court held that employment legislation protecting workers and NHS job applicants who make protected disclosures, but not job applicants generally, is compatible...
An unmarried couple jointly purchased a family home. After separation, Mr Kernott left and stopped contributing to the property while Ms Jones remained with the children and paid all expenses. The Supreme Court held that the parties' beneficial interests had changed over time, awarding Ms Jones 90% and Mr Kernott...
An unmarried cohabiting couple purchased a home in joint names without declaring their beneficial interests. When the relationship ended after 18 years and four children, the House of Lords held that joint legal ownership creates a presumption of equal beneficial ownership, but this was rebutted by evidence of their rigidly...
Banks v Goodfellow is the seminal English authority on testamentary capacity, establishing the common law test that, over 150 years later, still governs whether a testator has sufficient mental capacity to make a valid will. The Court of Queen’s Bench, in a judgment delivered by Cockburn C.J., held that a...
Romanian nationals with pre-settled status under the EU Settlement Scheme challenged refusal of universal credit as nationality discrimination under EU law. The Supreme Court held that EU citizens without EU law residence rights cannot claim equal treatment under Article 18 TFEU for social assistance benefits. Facts The respondents were two...
JB, a 38-year-old man with autism and brain damage, sought to engage in sexual relations but lacked understanding that sexual partners must consent throughout. The Supreme Court held that capacity to decide to engage in sexual relations under the Mental Capacity Act 2005 requires understanding that the other person must...
A container vessel grounded after leaving Xiamen port due to a defective passage plan that failed to note warnings about uncharted depths outside the fairway. The Supreme Court held that the defective passage plan rendered the vessel unseaworthy and the carrier could not rely on the nautical fault exception under...
A Lebanese franchisor sought to enforce an ICC arbitration award against a Kuwaiti company (KFG), claiming KFG became party to franchise agreements through conduct. The Supreme Court held English law governed the arbitration agreement and that KFG never became a party due to 'No Oral Modification' clauses requiring written consent....
Employer made direct pay offers to union members during ongoing collective bargaining negotiations, bypassing the agreed procedures with Unite. The Supreme Court held this contravened section 145B of the Trade Union and Labour Relations (Consolidation) Act 1992, as offers made before exhausting collective bargaining procedures achieve the 'prohibited result' when...
An asylum seeker was granted bail by the First-tier Tribunal with specific conditions. The Secretary of State imposed additional restrictions inconsistent with the bail order without seeking to vary it. The Supreme Court held that court orders must be obeyed until set aside, regardless of any defects, affirming the fundamental...
Lady Brownlie sought damages after a road accident in Egypt killed her husband and injured her. The Supreme Court considered whether tort claims could be served on an Egyptian hotel operator, interpreting the jurisdictional gateway requiring damage sustained within England. The majority held continuing pain and financial loss in England...
Ms Anwar suffered workplace harassment and obtained an employment tribunal award against her former employer, but could not recover payment as the employer allegedly dissipated funds. She claimed the UK failed to implement EU Equality Directives by not enabling employment tribunals to grant interim diligence. The Supreme Court held Scottish...
Ms Adelekun suffered personal injury in a road traffic accident and settled her claim against Ms Ho. A costs dispute arose over whether the defendant could set off costs owed to her against costs she owed the claimant under the QOCS scheme. The Supreme Court held that set-off constitutes enforcement...
The UK Supreme Court held that several provisions of the Scottish Parliament's UNCRC and ECLSG Incorporation Bills exceeded legislative competence by modifying section 28(7) of the Scotland Act 1998, which preserves Westminster's unqualified power to legislate for Scotland. The Bills attempted to subject UK Parliament Acts to judicial interpretation and...
TN, a Vietnamese asylum seeker, challenged the First-tier Tribunal's rejection of her asylum claim under the Fast Track Rules 2005, arguing the rules' systemic unfairness automatically nullified decisions made under them. The Supreme Court held that systemic unfairness in procedural rules does not automatically invalidate individual decisions; claimants must demonstrate...
HMRC opened a tax enquiry but sent the notice to Mr Tinkler's old address. His tax advisers BDO acknowledged the enquiry and corresponded with HMRC. Years later, Tinkler argued the enquiry was invalid. The Supreme Court held Tinkler was estopped by convention from denying the enquiry's validity. Facts Mr Tinkler...