BF, an Eritrean asylum seeker claiming to be 16, was assessed by immigration officers as an adult based on appearance and detained. He challenged the Secretary of State's policy guidance (criterion C) for assessing age, arguing it risked unlawful detention of children. The Supreme Court allowed the Secretary of State's...
A convicted sex offender challenged guidance on the Child Sex Offender Disclosure Scheme, arguing it insufficiently required police to consult him before disclosing his offences. The Supreme Court dismissed the appeal, clarifying that judicial review of policies requires showing they positively authorise or approve unlawful conduct, not merely that they...
CPRE Kent challenged costs orders made against it after its statutory planning review was refused permission. The Supreme Court upheld the Court of Appeal's practice that multiple defendants and interested parties may each recover reasonable costs for preparing acknowledgements of service, qualifying the Bolton principle for permission stage proceedings. Facts...
A local authority sought to use the High Court's inherent jurisdiction to authorise deprivation of liberty for a vulnerable child in placements that were not approved secure accommodation. The Supreme Court held that the inherent jurisdiction remains available in cases of necessity where no approved secure accommodation exists, despite regulatory...
Mrs X was raped and assaulted by a hotel employee while on a package holiday in Sri Lanka arranged by Kuoni. The Supreme Court held that Kuoni was liable for improper performance of the package travel contract, as the employee's guidance fell within holiday arrangements and the statutory exemptions did...
Mr Efobi, a Nigerian-born postman employed by Royal Mail, alleged direct racial discrimination after over 30 unsuccessful internal job applications. The Supreme Court considered whether section 136 of the Equality Act 2010 changed the burden of proof in discrimination cases. The Court held the statutory change was clarificatory, not substantive....
Two law firms disputed which could act for group claimants in Volkswagen diesel emissions litigation. The central issue was whether a non-compete undertaking given by one firm to the other was unenforceable as an unreasonable restraint of trade. The Supreme Court held the undertaking was enforceable and not an unreasonable...
UK companies receiving dividends from non-resident subsidiaries challenged differential tax treatment compared to wholly UK-resident groups. The Supreme Court addressed multiple issues including compound interest claims, restitution for unused double taxation relief, and enrichment questions arising from unlawfully levied advance corporation tax under EU law. Facts The Franked Investment Income...
An Iranian national who entered the UK lawfully as a child at age nine committed serious knifepoint robberies as a juvenile. The Supreme Court upheld his deportation, confirming that the 'very serious reasons' test from Maslov is not a separate threshold but a summary of how conventional balancing criteria apply...
Asset Land sold plots of greenfield land to investors, representing it would seek rezoning for development and arrange sales to developers. The Supreme Court held these arrangements constituted a collective investment scheme under section 235 of the Financial Services and Markets Act 2000, as investors lacked day-to-day control and the...
Kession, an authorised financial services firm, appointed JHM as its representative but prohibited dealing with retail clients. JHM wrongly dealt with retail clients who lost investments. The Supreme Court held that dealing with retail clients constitutes a distinct 'part' of business under section 39 FSMA, so Kession was not responsible...
Triple Point contracted with PTT to design and install commodity trading software. Triple Point failed to complete the work on time and PTT terminated the contract. The Supreme Court clarified that liquidated damages clauses apply to delay up to termination regardless of whether work is completed, and that 'negligence' in...
A 15-year-old detained at a Young Offenders Institution challenged his removal from association with other inmates as violating Article 3 ECHR. The Supreme Court rejected arguments that solitary confinement of under-18s is automatically inhuman or degrading, holding that Article 3 requires a fact-sensitive assessment of all circumstances rather than applying...
Twin brothers, Lithuanian nationals and victims of human trafficking, were denied compensation under the Criminal Injuries Compensation Scheme due to unspent criminal convictions from Lithuania predating their trafficking. The Supreme Court held that excluding them did not constitute unjustified discrimination under Article 14 read with Article 4 ECHR. Facts The...
Appellants challenged the 'two-child limit' on child tax credit as incompatible with the European Convention on Human Rights. The Supreme Court unanimously dismissed the appeal, holding that the limitation pursued legitimate aims of reducing public expenditure and ensuring fairness, and was proportionate despite its greater impact on women and larger...
Mr Haworth challenged a follower notice issued by HMRC under the Finance Act 2014, which relied on the Smallwood ruling to deny his claimed tax advantage from trust arrangements involving Mauritius. The Supreme Court held HMRC must form an opinion of sufficient certainty that the earlier ruling would deny the...
The Secretary of State for Health claimed Servier caused loss by deceiving the EPO and courts to obtain a patent, delaying generic drug market entry and increasing NHS costs. The Supreme Court held that the unlawful means tort requires the defendant's conduct to affect a third party's freedom to deal...
Protesters blocked a road leading to an arms fair by lying down with lock boxes. They were charged with wilful obstruction of a highway. The district judge acquitted them, finding their peaceful, targeted protest was protected by articles 10 and 11 ECHR. The Supreme Court upheld the acquittals, confirming deliberate...
General Dynamics sought to enforce an ICC arbitration award against Libya in England. The key issue was whether service of enforcement proceedings against a foreign state must comply with section 12(1) of the State Immunity Act 1978, requiring transmission through diplomatic channels even when such service is impossible or unduly...
Trustees failed to submit a claim in a financial scheme by the midnight deadline of 2 June 2011. Beneficiaries sued on 5 June 2017. The Supreme Court held that in midnight deadline cases, the day following midnight counts as a complete day for limitation purposes, meaning the claim was statute-barred....
Fylde Coast Farms challenged a neighbourhood development plan, arguing the council unlawfully rejected an examiner's recommendation. The challenge was filed within time to contest the plan's making but outside the time limit for challenging the council's earlier decision. The Supreme Court held section 61N restricts, rather than creates, challenge rights,...
Mr Tooth used a tax avoidance scheme and completed his self-assessment return by entering an employment-related loss in a partnership box due to software limitations, with full explanations provided. HMRC sought to issue a discovery assessment claiming deliberate inaccuracy. The Supreme Court held there was no deliberate inaccuracy as the...
Mr Timothy Crosland, a barrister representing Plan B Earth, deliberately breached an embargo by disclosing the outcome of a Supreme Court judgment on Heathrow Airport expansion before hand down. He admitted doing so as an act of civil disobedience. The court found him guilty of criminal contempt and imposed a...
Ukrainian national resisted extradition to Hungary under a European Arrest Warrant, arguing risk of inhuman treatment in Hungarian prisons. The Supreme Court held that evidence of breaches of assurances given to third states is admissible when assessing reliability of diplomatic assurances, but dismissed the appeal as the fresh evidence was...
Oxfordshire County Council relocated Nettlebed School to adjacent premises, then sold the original site donated under the School Sites Act 1841. The Supreme Court held that section 14 permitted sale with vacant possession after relocation, provided the proceeds were intended for the new school. No statutory reverter arose. Facts In...