Melissa's parents used proceeds from selling their mortgaged home to buy a property in her name, with the Bank releasing its security on the understanding it would receive a charge over the new property. The charge proved void. The Supreme Court held the Bank could be subrogated to the unpaid...
Two consignments of cigarettes were lost during international road carriage subject to the CMR Convention. BAT sought to sue Dutch sub-contractor successive carriers in England alongside the English main carrier. The Supreme Court held English jurisdiction could not be established against the successive carriers under CMR. Facts The case concerned...
The Supreme Court considered whether a defendant's rights under loan agreements, and the proceeds thereof, fell within a standard form freezing order. The Bank held US$4.4 billion in unpaid judgments against Mr Ablyazov. The Court held the right to draw down was not an 'asset' but the loan proceeds were...
Mrs Nolan was made redundant when the US Army closed its watercraft repair base in Hampshire without consulting employees. The Supreme Court held that TULCRA's collective redundancy consultation duties applied to the United States despite the strategic, sovereign nature of the closure decision. Facts In early 2006, the United States...
McGeough was convicted of attempted murder of a UDR soldier and IRA membership. His IRA membership conviction relied on admissions made in a failed 1983 Swedish asylum application. The Supreme Court upheld admission of that evidence, finding no confidentiality bar. Facts In June 1981, Samuel Brush, a postman and member...
Mrs Gohil sought to set aside a 2004 consent financial order on the ground of her former husband's fraudulent non-disclosure of assets. The Supreme Court held that Ladd v Marshall principles do not apply to such applications and reinstated the trial judge's order. Facts The parties married in 1990 and...
Mrs Sharland agreed a divorce settlement based on her husband's dishonest evidence about the value and imminent IPO of his company. The Supreme Court held that fraud unravels matrimonial consent orders, allowing her to reopen the financial proceedings. Facts The parties married in 1993 and separated in 2010, having three...
Mr Mandalia, an Indian student, applied to extend his UK visa but submitted a bank statement covering only 22 of the required 28 days. The Supreme Court held the Home Office acted unlawfully by refusing his application without first inviting him to supply the missing statements, contrary to its own...
A prisoner convicted of a racially-aggravated murder was held in solitary confinement for 56 months for his own protection. The Supreme Court held his segregation breached prison rules and violated article 8 ECHR, though not article 3. Facts The appellant was convicted in November 2006 of the racially-aggravated abduction and...
Beaurish Tigere, a Zambian national resident in the UK since age six with discretionary leave to remain, was denied a student loan because she was not 'settled' under the eligibility rules. The Supreme Court held by majority that the settlement criterion unjustifiably breached her right to education under Article 14...
The Supreme Court held, by a 3-2 majority, that where HMRC withdrew approval of a pension scheme retrospectively under section 591B(1) of the Income and Corporation Taxes Act 1988, the 40% tax charge under section 591C fell to be assessed in the tax year with effect from which approval ceased,...
Mrs Tolley, a British national receiving Disability Living Allowance, moved permanently to Spain. The Secretary of State withdrew her benefit on residence grounds. The Supreme Court considered whether EU Regulation 1408/71 required portability of DLA, ultimately referring questions to the CJEU. Facts Mrs Tolley, a British national born in 1952,...
Two high-security prisoners were held in solitary confinement for months under rule 45 of the Prison Rules 1999, with continued segregation authorised by prison operational managers. The Supreme Court held this segregation was unlawful, as only the Secretary of State, acting through officials external to the prison, could authorise it....
Mazars, a firm of chartered accountants, occupied the second and sixth floors of an office block under separate leases. The Supreme Court held these constituted separate hereditaments for rating purposes, establishing that the geographical test takes primacy over functional considerations. Facts Tower Bridge House is an eight-storey office block in...
Mr Champion challenged planning permission granted by North Norfolk District Council for silos and a lorry park near the River Wensum, a protected Special Area of Conservation. The Supreme Court held that although EIA screening was defective, relief should be refused as the outcome would not have differed. Facts Crisp...
Mr Hunt challenged North Somerset Council's youth services budget cuts. The Court of Appeal found the Council had breached its equality and consultation duties but refused relief and ordered Hunt to pay half the costs. The Supreme Court reversed the costs order. Facts The appellant, Mr Hunt, born in 1991,...
Homeowners successfully sued for noise nuisance from a nearby speedway, funded by a CFA and ATE insurance. The defendants challenged liability for success fees and ATE premiums under the 1999 Act as incompatible with Convention rights. The Supreme Court upheld the scheme's compatibility. Facts The appellants, Katherine Lawrence and Raymond...
Mrs Beghal was stopped at East Midlands Airport under Schedule 7 of the Terrorism Act 2000 and convicted for refusing to answer questions. The Supreme Court held by majority that Schedule 7 was compatible with Articles 5, 6 and 8 ECHR. Facts On 4 January 2011, the appellant, Mrs Beghal,...
Rank claimed a VAT refund on takings from multi-terminal slot machines linked to a remote random number generator, arguing they were not 'gaming machines' under Note (3). The Supreme Court dismissed the appeal, holding the takings were taxable. Facts The appeal concerned whether takings from a particular category of slot...
Cameron Mathieson, a severely disabled child, had his Disability Living Allowance suspended after 84 days as an NHS in-patient. The Supreme Court held this violated his rights under Article 14 ECHR taken with A1P1, as the Secretary of State failed to justify the discriminatory treatment. Facts Cameron Mathieson was born...
PH, a severely disabled adult lacking capacity, had lived with foster parents in South Gloucestershire from age four after being placed there by Wiltshire under the Children Act 1989. The Supreme Court held that Wiltshire, the placing authority, remained responsible for his care upon reaching majority. Facts PH was born...
Childcare voucher providers challenged HM Treasury's decision to use NS&I (and its outsourcing contractor Atos) to deliver Tax-free Childcare, alleging breach of EU procurement law. The Supreme Court dismissed the appeal, holding the proposed contract modification was not substantial. Facts HM Treasury (HMT) decided on 29 July 2014 to use...
Mr Anson, a UK resident non-domiciled taxpayer, was a member of a Delaware LLC and paid US tax on his share of its profits. The Supreme Court held he was entitled to double taxation relief because UK and US taxes were computed by reference to the same income. Facts The...
Sellers prematurely cancelled a wheat sale contract citing a Russian export ban that had not yet taken effect. Buyers accepted the repudiation and claimed substantial damages under GAFTA 49's default clause. The Supreme Court held that the compensatory principle in The Golden Victory applied, and as the ban would have...
A 14-year-old's photograph was published by police in local newspapers as part of Operation Exposure to identify rioters involved in sectarian violence in Derry. The Supreme Court unanimously dismissed his article 8 challenge, with judges divided on engagement but agreeing on justification. Facts The appellant, born 16 July 1996, was...