February 18, 2026
Bilta’s liquidators sued its former directors and their co-conspirators for losses caused by a VAT carousel fraud. The directors had breached their fiduciary duties by causing Bilta to participate in fraudulent transactions. The Supreme Court held that the illegality defence was not available to the defendants because attributing the directors’...
February 16, 2026
Directors of a family company purchased property adjacent to company premises for their personal benefit without disclosing the opportunity to their co-directors. The Court of Appeal held they breached their fiduciary duty as there was a real sensible possibility of conflict between their personal interests and their duty to the...
February 16, 2026
This case concerned complex credit swap transactions involving Lehman Brothers entities and Australian investors. The Supreme Court examined whether contractual provisions altering security priorities upon insolvency violated the anti-deprivation rule. The Court upheld the validity of commercially sensible 'flip' clauses, establishing that bona fide commercial transactions entered in good faith...
February 16, 2026
Former directors of Queens Moat Houses plc appealed against orders making them liable for unlawful dividends paid based on accounts that did not give a true and fair view. The Court of Appeal dismissed their appeal and allowed the company's cross-appeal, holding directors accountable for dividends paid on dishonestly prepared...
February 16, 2026
Mr Reid, a Hong Kong prosecutor, accepted bribes and invested them in New Zealand properties. The Privy Council held that a fiduciary who accepts bribes holds them on constructive trust for the principal, overruling Lister v Stubbs. The principal can claim any increase in value of the bribe property. Facts...
February 16, 2026
Dispute over whether directors appointed by a special shareholder holding a specified proportion of shares should vacate office when that shareholding threshold was no longer met. The Privy Council held that such a term should be implied into the articles of association, establishing the authoritative test for implied terms in...
February 16, 2026
Lithuanian chicken catchers brought claims against their employer company and its directors for systematic exploitation including underpayment below agricultural minimum wage, unlawful deductions for employment fees and accommodation, and failure to pay holiday pay. The court granted summary judgment for claimants and held directors personally liable for inducing breaches of...
February 16, 2026
Appeal against court sanction of a restructuring plan under Part 26A Companies Act 2006. The Court of Appeal held that the judge erred in sanctioning the plan as it departed without justification from the pari passu principle that would have applied in insolvency, unfairly placing greater risk of non-payment on...
February 16, 2026
A railway company's director, Thomas Blaikie, contracted on behalf of the company with his own firm for iron chairs. The House of Lords held that directors cannot enter contracts with companies they serve, as fiduciary duties prohibit conflicts between personal interest and duty to the company. Facts Thomas Blaikie was...
February 16, 2026
Claimants sought a declaration that their professional negligence claim against an architect was settled by agreement reached through mediation. The court held that a binding settlement was concluded when the claimants accepted the defendant's offer via the mediator, despite the defendant's argument that negotiations were 'subject to contract' and required...
February 16, 2026
Swiss authorities intercepted a telephone call Mr Amann received from the Soviet embassy and created a card labelling him a 'contact with the Russian embassy', storing it in the federal security index. The Court found violations of Article 8 as Swiss law lacked sufficient clarity regarding surveillance scope and data...
February 16, 2026
A British/Kuwaiti national alleged torture by Kuwaiti state agents and sought civil damages in English courts. The UK courts granted Kuwait state immunity under the State Immunity Act 1978. The European Court of Human Rights held that granting state immunity did not violate Article 6 § 1, as international law...
February 16, 2026
Mr Aksoy was detained by Turkish police for at least fourteen days without judicial supervision and subjected to 'Palestinian hanging' torture, causing bilateral arm paralysis. The Court found Turkey violated Article 3 (prohibition of torture), Article 5(3) (right to prompt judicial review), and Article 13 (right to effective remedy). This...
February 16, 2026
Turkish security forces burned applicants' homes in 1992, forcing them to abandon their village. The Court awarded compensation for pecuniary and non-pecuniary damage following its principal judgment finding violations of Article 8, Article 1 Protocol 1, and Article 25 of the Convention. Facts This case concerns claims for just satisfaction...
February 16, 2026
Mrs Airey, an Irish woman of limited financial means, sought a judicial separation from her allegedly violent husband but could not afford legal representation. Ireland provided no civil legal aid. The European Court of Human Rights held that the State's failure to ensure effective access to court violated Article 6(1)...
February 16, 2026
A Moroccan-Dutch father sought a residence permit for his 9-year-old son Souffiane to live with him in the Netherlands after the child's mother died. The Court held by 5-4 that refusing the permit did not violate Article 8, as the father had chosen to emigrate and could maintain family life...
February 16, 2026
Four senior local government officers challenged UK regulations restricting their political activities. The restrictions prohibited certain political speech, party office-holding, and standing for election. The Court found no violation, holding the measures were proportionate to protect effective local democracy. Facts The applicants were four British citizens employed as senior local...
February 16, 2026
A mentally ill detainee was held for seven months in a prison psychiatric wing rather than the designated Social Protection Centre. The Court found violations of Article 5(1) regarding unlawful detention in an inappropriate institution and Article 6(1) concerning denial of legal aid for appeal, establishing that detention of persons...
February 16, 2026
The applicant, a homosexual man, was convicted of gross indecency for engaging in consensual sexual acts with up to four other adult men in his home, recorded on videotape. The European Court of Human Rights held that his prosecution and conviction violated Article 8, finding no pressing social need to...
February 15, 2026
Mr Jwanczuk's wife was unable to work throughout her life due to severe disability and never paid national insurance contributions. After her death, he was refused Bereavement Support Payment because she did not meet the contribution condition. The Supreme Court held the contribution condition was justified and did not unlawfully...
February 15, 2026
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...
February 14, 2026
A legal practitioner alleged that a sheriff assaulted and harassed her during four incidents in 2018. She sought to hold the Crown vicariously liable for the sheriff's alleged delicts. The Supreme Court dismissed the appeal, holding that the relationship between a sheriff and the Scottish Government is not akin to...
February 14, 2026
Family members of Robert Crozier, who died of mesothelioma, claimed damages under the Damages (Scotland) Act 2011 despite his earlier settlement for asbestosis. The Supreme Court held that section 5 applies where someone dies of mesothelioma after discharging liability, regardless of whether mesothelioma existed at settlement. Facts Robert Crozier was...
February 14, 2026
Mr Evans sought opt-out collective proceedings for damages arising from FX trading infringements found by European Commission decisions. The Supreme Court allowed the appeal, reinstating the Tribunal’s refusal to certify opt-out proceedings, holding that claim weakness and practicability of opt-in proceedings were properly weighed against opt-out certification. Facts Mr Phillip...
February 14, 2026
The Secretary of State appealed against a Court of Appeal ruling that found procedural unfairness in the deprivation of Mr Kolicaj's British citizenship without offering him an opportunity to make representations. The Supreme Court allowed the appeal, holding that the statutory appeal process under section 40A satisfies fairness requirements. Facts...
July 5, 2026
National Case Law Archive
July 1, 2026
National Case Law Archive
July 1, 2026
National Case Law Archive