Case summaries

Loughlin, Re Application for Judicial Review (Northern Ireland) [2017] UKSC 63

The Stewart brothers received heavily discounted life sentences for murder after agreeing to assist prosecutors under the Serious Organised Crime and Police Act 2005. After acquittals at trial, the specified prosecutor declined to refer their sentences back for review. The Supreme Court upheld that decision, rejecting a 'change of circumstances' test.

Loveridge v London Borough of Lambeth [2014] UKSC 65

Lambeth Council unlawfully evicted Mr Loveridge, a secure tenant, believing he had died whilst abroad. The Supreme Court held that damages under section 28 of the Housing Act 1988 must be assessed assuming the tenant retained his secure tenancy rights, awarding £90,500.

Lowick Rose LLP v Swynson Ltd & Anor [2017] UKSC 32

Swynson lent £15m to EMSL based on negligent due diligence by HMT accountants. Mr Hunt later personally funded EMSL's repayment of the loan. The Supreme Court held HMT escaped liability as Swynson's loss was extinguished by repayment, rejecting arguments based on res inter alios acta, transferred loss, and unjust enrichment.

Lumba v Secretary of State for the Home Department [2011] UKSC 12

Foreign national prisoners were detained pending deportation under an unpublished policy inconsistent with the Secretary of State's published policy. The Supreme Court held this constituted false imprisonment, but since lawful detention would have been inevitable under the published policy, only nominal damages were awarded.

Lumley v Gye [1853] EWHC QB J73 (1 January 1853)

Theatre proprietor Lumley sued Gye for maliciously inducing opera singer Johanna Wagner to break her exclusive performance contract with his theatre. The Queen's Bench held (3-1) that an action lies for maliciously procuring breach of a contract for exclusive personal services, establishing the tort of inducing breach of contract.

Lumley v Wagner [1852] EWHC Ch J96 (26 May 1852)

Opera singer Johanna Wagner contracted to perform exclusively at Her Majesty's Theatre for three months but then agreed to sing at a rival theatre. The Court granted an injunction preventing her from singing elsewhere, establishing that equity can enforce negative contractual stipulations even where specific performance of positive obligations is impossible.

Lynn Shellfish Ltd & Ors v Loose & Anor [2016] UKSC 14

The Supreme Court considered the extent of a prescriptive exclusive right to take cockles and mussels on the Wash foreshore. It held the seaward boundary fluctuates with the lowest astronomical tide, but previously separated sandbanks do not automatically become part of the fishery upon attachment.

MacDonald & Anor v Carnbroe Estates Ltd (Scotland) [2019] UKSC 57

Grampian, an insolvent company, sold its principal property to Carnbroe for £550,000, well below its open market value of £800,000+. The Supreme Court held this was not adequate consideration under section 242 of the Insolvency Act 1986 but remitted to consider a flexible remedy protecting the bona fide purchaser.

Macklin v Her Majesty’s Advocate (Scotland) [2015] UKSC 77

Macklin was convicted of firearms offences based largely on police dock identifications. Years later, undisclosed witness statements and fingerprint evidence emerged. The Supreme Court dismissed his appeal, confirming the High Court had correctly applied the McInnes disclosure test and that the Supreme Court's jurisdiction was limited.

Madoff Securities International Ltd v Raven [2013] EWHC 3147 (Comm)

MSIL's liquidators sued former directors and Mrs Kohn over payments made by the London subsidiary of Bernard Madoff's business. The court dismissed all claims, finding directors acted honestly and reasonably, payments were funded by BLMIS making them cash neutral, and Mrs Kohn was not dishonest in receiving payments for legitimate services.

Maduro Board of the Central Bank of Venezuela v Guaido Board of the Central Bank of Venezuela [2021] UKSC 57

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 to consideration of Venezuelan Supreme Court judgments.

Maile v Maile [2025] EWHC 2494 (Ch)

Two grandsons challenged their grandmother's 2016 and 2017 codicils, which revoked an earlier gift of her Devon farm to them and restored equal division between her daughters. They also claimed proprietary estoppel. The High Court dismissed both claims and granted possession to the executrix.

Majrowski v Guy’s and St Thomas’s NHS Trust [2006] UKHL 34

An employee claimed his departmental manager harassed and bullied him at work. He sued his employer under the Protection from Harassment Act 1997, arguing the employer was vicariously liable for the manager's conduct. The House of Lords held employers can be vicariously liable for harassment committed by employees in the course of employment.

Malone v Laskey (1907) 2 KB 141 (25 March 1907)

Mrs Malone, a licensee occupying premises through her husband's employment, was injured when a cistern bracket fell. The Court of Appeal held she could not sue the property owners for nuisance (having no proprietary interest) or negligence (no contractual duty owed to her). This case established that only those with property interests can sue for private nuisance.

Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 20

A building society sued its auditors for negligently advising that hedge accounting could be used for interest rate swaps. When the error was discovered, the society had to close out swaps at significant cost. The Supreme Court held the loss fell within the scope of the auditor's duty of care, clarifying the SAAMCO principle on professional advisers' liability.

Manchester City Council v Pinnock [2010] UKSC 45

Mr Pinnock's secure tenancy was demoted following anti-social behaviour by his family. Manchester City Council later sought possession. The Supreme Court held that courts must be able to assess proportionality under article 8 before making possession orders, but dismissed his appeal on the facts.

Mandalia v Secretary of State for the Home Department [2015] UKSC 59

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 evidential flexibility policy.

Mandla (Sewa Singh) v Dowell Lee [1982] UKHL 7

A Sikh boy was refused admission to a private school because he would not remove his turban to comply with uniform rules. The House of Lords held that Sikhs constitute an 'ethnic group' under the Race Relations Act 1976, and the school's rule amounted to unlawful indirect discrimination.

Marc Rich & Co v Bishop Rock Marine Co [1995] UKHL 4

A cargo ship developed hull cracks during a voyage. A classification society surveyor initially recommended permanent repairs but reversed this decision, allowing the vessel to sail with temporary repairs. The ship sank, losing all cargo. Cargo owners sued the classification society in negligence. The House of Lords held no duty of care was owed to cargo owners.

Marcic v Thames Water Utilities Ltd [2003] UKHL 66

Mr Marcic's property suffered repeated flooding from overloaded public sewers. He sued Thames Water in nuisance and under the Human Rights Act. The House of Lords held that the statutory scheme under the Water Industry Act 1991 provided the exclusive remedy for inadequate drainage, precluding common law nuisance claims and satisfying Convention rights.

Marckx v Belgium (1979) App No 6833/74, (1979) 2 EHRR 330 (ECtHR)

Paula Marckx, an unmarried mother, challenged Belgian law which required formal recognition to establish legal ties with her illegitimate daughter Alexandra. The Court found Belgian law discriminated against illegitimate children and unmarried mothers regarding affiliation, family relationships, and inheritance rights, violating Articles 8 and 14 of the Convention.