Case summaries

Pretty v United Kingdom (2002) App No 2346/02, 35 EHRR 1 (ECtHR)

Mrs Pretty, suffering from terminal motor neurone disease, sought an undertaking that her husband would not be prosecuted if he assisted her suicide. The European Court of Human Rights held that the UK's prohibition on assisted suicide did not violate Articles 2, 3, 8, 9 or 14 of the Convention, finding the blanket ban justified to protect vulnerable persons.

Primeo Fund v Bank of Bermuda (Cayman) Ltd [2021] UKPC 22

Primeo Fund, a Cayman Islands investment fund, suffered losses through the Madoff Ponzi scheme. The Privy Council considered whether the reflective loss rule barred Primeo's claims against its administrator and custodian. The Board held the rule did not apply as Primeo's losses arose before it became a shareholder in Herald Fund.

Prison Officers Association v Iqbal [2009] EWCA Civ 1312

A serving prisoner claimed damages for false imprisonment after an unlawful prison officers’ strike kept him locked in his cell instead of following the usual regime. The Court of Appeal majority held there was no false imprisonment, clarifying liability for omissions and indirect causation, though indicating misfeasance in public office may apply in such situations.

Process & Industrial Developments Limited v The Federal Republic of Nigeria [2025] UKSC 36

P&ID sought costs to be awarded in naira following Nigeria's successful challenge to fraudulent arbitration awards worth over $11 billion. The Supreme Court held that costs should be awarded in sterling, being the currency in which Nigeria's solicitors billed and were paid, rejecting the argument that costs should reflect the receiving party's underlying loss.

Project Blue Ltd v Revenue and Customs [2018] UKSC 30

Project Blue Ltd purchased Chelsea Barracks for £959m from the MoD, using Shari'a-compliant Ijara financing from a Qatari bank. The Supreme Court held that anti-avoidance provisions in section 75A of the Finance Act 2003 applied, making PBL liable for £50m SDLT.

Providence Building Services Ltd v Hexagon Housing Association Ltd [2026] UKSC 1

A construction dispute concerning interpretation of termination clauses in a JCT Design and Build Contract. The Supreme Court held that a contractor cannot terminate under clause 8.9.4 for repeated default unless a right to terminate under clause 8.9.3 had previously accrued, requiring the employer's earlier default to have continued uncured for 28 days.

Prudential Assurance Company Ltd v Revenue and Customs [2018] UKSC 39

Prudential challenged UK tax rules taxing overseas portfolio dividends differently from domestic ones. The Supreme Court held EU law required tax credits at the foreign nominal rate, but rejected compound interest claims, departing from Sempra Metals, and clarified the treatment of lawful and unlawful ACT.

Psv 1982 Ltd v Langdon – Re Discovery Yachts Ltd [2021] EWHC 2475 (Ch)

PSV sought to recover debts from Mr Langdon personally under sections 216 and 217 Insolvency Act 1986. Langdon was a director of Discovery Yachts Limited which went into insolvent liquidation, and subsequently became involved in managing Discovery Yachts Group Limited. The court held that liabilities established against the company in prior proceedings automatically bind a defaulting director under section 217.

Public Prosecution Service v McKee (Northern Ireland) [2013] UKSC 32

Fingerprints taken by an unapproved electronic 'Livescan' device during a period when Northern Ireland law required Secretary of State approval were held admissible. The Supreme Court found Parliament had not intended inadmissibility as the consequence of non-approval, and dismissed the defendants' appeal.

Public Prosecutor’s Office of the Athens Court of Appeal v O’Connor [2022] UKSC 4

Mr O'Connor faced extradition to Greece but his solicitor failed to serve appeal notice within the seven-day limit. The Supreme Court held that under section 26(5) of the Extradition Act 2003, courts can entertain late appeals where the person themselves did everything reasonably possible, even if their legal representative failed. The solicitor's fault should not be attributed to the client.

QBE Management Services (UK) Ltd v Dymoke [2012] EWHC 80 (QB)

Senior employees of QBE’s British Marine unit covertly planned a rival P&I business with PRO, soliciting colleagues, misusing confidential information and courting brokers while still employed. The High Court found extensive breaches of fidelity, fiduciary and confidentiality duties, granted springboard injunctions and awarded substantial damages, although most non‑compete covenants were held unenforceable.

Queens Moat Houses plc, Re [2004] EWHC 1730 (Ch)

The Secretary of State sought disqualification of Mr Bairstow, former chairman of Queens Moat Houses plc, for approving grossly misleading financial statements overstating profits by tens of millions of pounds. Despite no dishonesty being alleged, the court found gross negligence in failing to supervise delegated accounting functions and disqualified him for six years.

QX v Secretary of State for the Home Department [2024] UKSC 26

QX, a British citizen, was subject to a temporary exclusion order and reporting obligations after living in Syria. He challenged whether Article 6(1) fair trial rights applied to reviews of the order's imposition. The Supreme Court held that Article 6(1) applies to imposition reviews where obligations interfere with civil rights, as the reviews are inextricably linked.

R (Ammori) v Secretary of State for the Home Department [2026] EWHC 292

Huda Ammori, co-founder of Palestine Action, challenged the Home Secretary's decision to proscribe the group under the Terrorism Act 2000. The High Court found the decision unlawful for breaching the Home Secretary's own policy and disproportionately interfering with Convention rights under Articles 10 and 11.

R (Bibi) v Secretary of State for the Home Department [2015] UKSC 68

Two British citizens challenged the Immigration Rule requiring foreign spouses to pass a pre-entry English language test before joining them in the UK. The Supreme Court upheld the Rule itself but expressed serious concerns that the accompanying Guidance was likely to breach Article 8 rights in significant numbers of cases.

R (Coughlan) v Minister for the Cabinet Office [2022] UKSC 11

Mr Coughlan challenged pilot orders requiring voter identification at local elections, arguing they exceeded ministerial powers under the Representation of the People Act 2000. The Supreme Court held that voter identification schemes fell within the statutory phrase 'how voting at the elections is to take place' and dismissed the appeal.

R (Finch) v Surrey County Council and others [2024] UKSC 20

Sarah Finch challenged Surrey County Council's grant of planning permission for oil extraction, arguing the environmental impact assessment unlawfully excluded greenhouse gas emissions from eventual combustion of the extracted oil. The Supreme Court held (3-2) that such downstream emissions must be assessed as indirect effects of the project under the EIA Directive.

R (Keyu) v Secretary of State for Foreign and Commonwealth Affairs [2015] UKSC 69

Relatives of 24 unarmed civilians killed by Scots Guards at Batang Kali, Malaya in December 1948 sought judicial review of the UK Government's refusal to hold a public inquiry. The Supreme Court dismissed the appeal, holding that neither article 2 ECHR, customary international law, nor common law judicial review required an inquiry.