A road carrier transported cigarettes from Poland to England under the CMR Convention. Thieves stole 289 cases during transit, triggering excise duty liability of £449,557 on the cargo owner. The Supreme Court upheld the Buchanan precedent, ruling that excise duty is recoverable under article 23.4 as 'other charges incurred in respect of the carriage'.
Junior Books engaged Veitchi as nominated sub-contractors to lay flooring in their factory. The floor proved defective due to poor workmanship, requiring replacement. Despite no contractual relationship between the parties, the House of Lords held Veitchi liable in tort for pure economic loss, given the exceptional proximity between the parties.
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.
K1 sought permission to appeal a refusal to amend its arbitration award challenge under s.68(2)(g) of the Arbitration Act 1996. The Court of Appeal held it lacked jurisdiction under s.68(4), as the first instance judge is sole gatekeeper for permission to appeal.
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.
Mr Wallis agreed to acquire a Buick car on hire purchase after inspecting it in excellent condition. When delivered, the car was in a deplorable state, incapable of self-propulsion with burnt valves and broken pistons. The Court of Appeal held that exemption clauses cannot protect a party who commits a fundamental breach of contract.
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.
A trustee held a lease of market profits for an infant beneficiary. When the lessor refused to renew for the infant, the trustee obtained the lease himself. The court held he must assign it to the infant and account for profits, establishing the strict 'no profit' rule for fiduciaries.
The deceased's 2010 will erroneously divided his residue between 10 beneficiaries equally instead of six shares among siblings with one share split between his late sister's five children. The court rectified the will under section 20(1)(a) of the Administration of Justice Act 1982, granting permission out of time.
A Times journalist sought disclosure from the Charity Commission of documents relating to inquiries into George Galloway's Mariam Appeal. The Supreme Court held that section 32(2) FOIA provided absolute exemption lasting 30 years, and that article 10 ECHR imposed no general duty of disclosure, dismissing the appeal.
A home carer slipped on ice while visiting a terminally ill client and injured her wrist. The Supreme Court held her employer liable under the PPE Regulations, Management Regulations and at common law for failing to provide anti-slip footwear attachments, and clarified the rules on expert evidence.
An asthmatic woman suffered respiratory arrest after the London Ambulance Service took 34 minutes to respond to an emergency call, when it should have arrived within 20 minutes. The Court of Appeal held that the ambulance service owed a duty of care to the claimant once the call was accepted, distinguishing it from fire and police services.
An 11-year-old boy climbed the outside of a fire escape at hospital premises, fell and suffered serious injuries. The Court of Appeal held the NHS Trust not liable under the Occupiers' Liability Act 1984, finding the danger arose from the boy's own activity rather than from the state of the premises.
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 for JHM's unauthorised retail dealings.
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.
A pharmacist convicted of domestic violence offences was removed from the register by the General Pharmaceutical Council. The Supreme Court held there is no 'middle way' between suspension and removal via review extensions, but found removal disproportionate and substituted suspension.
A GP negligently failed to refer a patient for genetic testing for haemophilia carrier status and gave incorrect advice. The patient later gave birth to a child with both haemophilia and autism. The Court of Appeal held the GP liable only for losses related to haemophilia, not autism, as autism fell outside the scope of duty.
Ms Khatun challenged a will purportedly executed by her late father leaving his entire estate to Mr Hasan, whom she barely knew. The High Court found suspicious circumstances surrounding the will's execution and held the defendants failed to prove its authenticity, pronouncing against it.
A young woman sought an injunction against a former friend who persistently harassed her through telephone calls, threats, and pestering behaviour. The Court of Appeal upheld the injunction, extending the tort of private nuisance to protect a person lawfully present in property from harassing telephone calls, regardless of proprietary interest.
Ship buyers failed to provide documentation to open an escrow account, preventing the lodging of deposits under sale contracts. The Supreme Court held that the Mackay v Dick principle of deemed fulfilment of conditions precedent does not form part of English law. The sellers' remedy was in damages only, not debt.
A Russian trustee in bankruptcy sought English court assistance to realise a London property owned by the bankrupt. The Supreme Court held that the immovables rule prevents English courts at common law from assisting foreign trustees to claim interests in land situated in England, as such property is governed exclusively by English law.
A minority shareholder sought permission to continue a derivative claim against directors for allegedly diverting a business opportunity (La Senza acquisition) to a company owned by the majority shareholder. Permission was refused as the court found the claim lacked sufficient merit, independent committees opposed it, and alternative unfair prejudice remedies were available.
Kleinwort Benson sought to recover payments made to local authorities under interest rate swap agreements declared void in Hazell. The House of Lords, by majority, abolished the mistake of law rule, allowing recovery of payments made under a mistaken view of settled law subsequently overturned by judicial decision.
Mr Knauer's wife died of mesothelioma caused by asbestos exposure during her employment with the Ministry of Justice. The Supreme Court held that the multiplier for calculating future loss of dependency damages should be assessed from the date of trial, not the date of death, departing from earlier House of Lords authority.
Richard Payne Knight left property to his brother while expressing a wish that the estates continue in the male line. The court held that no trust arose because the words were not sufficiently imperative and the subject and beneficiaries’ interests lacked the certainty required for an enforceable trust.
October 4, 2026
National Case Law Archive
October 4, 2026
National Case Law Archive
October 4, 2026
National Case Law Archive