Case summaries

McFarlane v Tayside Health Board [1999] UKHL 50

Following a negligently performed vasectomy and incorrect advice that Mr McFarlane was sterile, Mrs McFarlane became pregnant and gave birth to a healthy fifth child. The House of Lords held that while the mother could recover damages for pain and suffering from pregnancy and childbirth, neither parent could recover the costs of raising the child.

McGhee v National Coal Board [1972] UKHL 11

A brickworks employee contracted dermatitis after working in hot, dusty conditions. His employers failed to provide shower facilities, which would have materially reduced the risk of disease. The House of Lords held that materially increasing the risk of injury was equivalent to materially contributing to causing the injury, allowing the appeal.

McGraddie v McGraddie & Anor (Scotland : Costs) [2015] UKSC 1

A father successfully recovered a house bought by his son with £285,000 he had provided. After winning in the Supreme Court against legally aided defenders, he sought costs including an ATE insurance premium. The Court held the premium was not recoverable as expenses.

McKew v Holland & Hannen & Cubitts (Scotland) Ltd [1969] UKHL 12

The appellant suffered a leg injury at work causing intermittent weakness. Days later, he attempted to descend steep stairs without assistance despite knowing his leg could give way. When it did, he jumped and fractured his ankle. The House of Lords held his unreasonable conduct broke the chain of causation.

McKillen v Misland (Cyprus) Investments Ltd & Ors – Re Coroin Ltd [2013] EWCA Civ 781

Mr McKillen, a 36.2% shareholder in Coroin Limited, petitioned for relief under section 994 of the Companies Act 2006, claiming unfairly prejudicial conduct when pre-emption rights were allegedly circumvented as the Barclay interests acquired practical control over another shareholder's stake through various arrangements without triggering the pre-emption provisions.

McLeod v Commissioner of Police of the Metropolis [1994] EWCA Civ 2

Police officers accompanied Mrs McLeod's ex-husband to collect property from her home following divorce proceedings. Mrs McLeod sued the police for trespass, arguing they had no right to enter. The Court of Appeal held police may enter private premises to prevent an anticipated breach of the peace.

McLoughlin v O’Brian [1982] UKHL 3

Mrs McLoughlin suffered severe psychiatric illness after arriving at hospital to find her family seriously injured and her daughter dead following a road accident caused by the defendants' negligence. The House of Lords held she could recover damages for nervous shock despite not witnessing the accident itself, establishing that liability extends to those who come upon the immediate aftermath.

McQuillan, McGuigan and McKenna, Re Application for Judicial Review [2021] UKSC 55

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 found no Convention investigative obligation arose but quashed one PSNI decision as irrational.

McTear v Imperial Tobacco Ltd 2005 2 SC 1

The widow of a man who died from lung cancer sued a tobacco manufacturer for negligence. The court dismissed the claim, finding she had failed to prove that any breach of duty by the company caused her husband to smoke.

McWilliams v Sir William Arrol & Co Ltd [1961] UKHL 8

A steel erector died after falling from a tower when not wearing a safety belt. His employers had failed to provide one, but evidence showed he had never worn safety belts when available. The House of Lords held that the breach of duty did not cause his death, as he would not have worn the belt even if provided.

Meli v The Queen [1954] 1 WLR 228

Four accused planned to kill a man and stage his death as an accident. After striking him unconscious, they rolled his body over a cliff, believing him dead. He actually died from exposure. The Privy Council held that the events could not be divided into separate acts: they formed one series of acts carried out pursuant to the appellants’ plan to kill.

Meridian Global Funds Management Asia Ltd v Securities Commission [1995] 2 AC 500

Employees of Meridian used company funds to acquire shares in a New Zealand company without board knowledge, triggering disclosure requirements. The Privy Council held that the employees' knowledge was attributable to the company. This case established that rules of attribution must be tailored to the particular statutory purpose.

Merritt v Merritt [1970] 1 WLR 1211

Agreements between spouses can be legally binding if there's clear intention to create legal relations — particularly where they are separated or dealing at arm's length.

Mersey Docks and Harbour Board v Coggins & Griffith (Liverpool) Ltd [1946] UKHL 1

A crane driver employed by the Harbour Board was hired out with his crane to stevedores. When the driver negligently injured a checker, the question arose whether the Board or the stevedores were vicariously liable. The House of Lords held the Board remained liable as they retained control over how the crane was operated.

Merticariu v Judecatoria Arad, Romania [2024] UKSC 10

Mr Merticariu was convicted in absentia in Romania for burglary. A European Arrest Warrant sought his extradition. The Supreme Court held that section 20(5) of the Extradition Act 2003 requires an actual entitlement to a retrial, not merely a right to apply for one contingent on further findings by the requesting state.

Methodist Conference v Preston [2013] UKSC 29

A Methodist minister claimed unfair dismissal. By a 4–1 majority, the Supreme Court held she was not an employee. Her rights and duties arose from her status under the Church's constitution, not from a contract. The Employment Tribunal's dismissal of her claim was restored.

Metropolitan Water Board v Dick Kerr & Co Ltd [1917] UKHL 2 (26 November 1917)

A contract for reservoir construction was interrupted when the Minister of Munitions ordered work to cease during WWI and dispersed the plant. The House of Lords held the contract was frustrated as the prohibition fundamentally changed conditions, making resumed performance a substantially different contract from that originally agreed.

Miah v Secretary of State for the Home Department [2012] EWCA Civ 261

Mr Miah, a Bangladeshi citizen, applied for indefinite leave to remain as a Tier 2 Migrant but fell two months short of the required five-year residence period. The Court of Appeal rejected the 'Near-Miss' argument that near-compliance with Immigration Rules should diminish the weight given to immigration control in Article 8 assessments.

Michael v Chief Constable of South Wales Police [2015] UKSC 2

Joanna Michael made a 999 call reporting threats from her ex-partner. Due to communication failures between two police forces, officers arrived too late and she was murdered. The Supreme Court held police owed no common law duty of care to protect individuals from third-party violence absent an assumption of responsibility, but allowed the human rights claim to proceed to trial.

Michaels v Taylor Woodrow Developments Ltd [2000] EWHC Ch 178

Tenants claimed damages for conspiracy by unlawful means after their landlord sold property without serving required notice under the Landlord and Tenant Act 1987. The court struck out the claim, holding that breach of the Act did not support an action for conspiracy where the breach was not independently actionable.

Michalak v General Medical Council and others [2017] UKSC 71

Dr Michalak, a doctor dismissed unfairly, alleged the GMC discriminated against her in fitness to practise proceedings. The Supreme Court held that judicial review is not a 'proceeding in the nature of an appeal' under section 120(7) Equality Act 2010, so the Employment Tribunal retained jurisdiction.

Micula & Ors v Romania [2020] UKSC 5

Swedish-Romanian investors obtained an ICSID arbitration award against Romania for breaching a bilateral investment treaty. Romania sought to stay enforcement pending EU proceedings, arguing enforcement would constitute unlawful State aid. The Supreme Court held that the UK's pre-accession obligations under the ICSID Convention, owed to non-EU member states, were protected by Article 351 TFEU, lifting the stay on enforcement.

Miles v Shearer [2021] EWHC 1000 (Ch)

Two adult daughters claimed reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 from their late father's estate, which passed mainly to his second wife. The High Court dismissed their claims, finding no failure to make reasonable provision for maintenance.