Case summaries

R (on the application of Hallam) v Secretary of State for Justice [2019] UKSC 2

Hallam and Nealon had their convictions quashed following fresh evidence but were refused compensation under section 133 of the Criminal Justice Act 1988 (as amended), which requires proof beyond reasonable doubt that the applicant did not commit the offence. The Supreme Court held, by majority, that this was compatible with article 6(2) ECHR.

R (on the application of Haworth) v Revenue and Customs [2021] UKSC 25

Mr Haworth challenged a follower notice issued by HMRC under the Finance Act 2014, which relied on the Smallwood ruling to deny his claimed tax advantage from trust arrangements involving Mauritius. The Supreme Court held HMRC must form an opinion of sufficient certainty that the earlier ruling would deny the advantage, not merely that it was likely to do so.

R (on the application of HC) v Secretary of State for Work and Pensions [2017] UKSC 73

Mrs HC, an Algerian Zambrano carer of two British children, challenged regulations excluding such carers from mainstream welfare benefits, housing assistance and child benefit. The Supreme Court dismissed her appeal, holding the Zambrano principle requires only practical support sufficient to prevent EU citizen children being forced to leave the Union.

R (on the application of Imam) v London Borough of Croydon [2023] UKSC 45

Ms Imam, a wheelchair user with three children, was owed a housing duty by Croydon Council under section 193(2) of the Housing Act 1996. Despite acknowledging the breach for nearly six years, Croydon failed to provide suitable accommodation. The Supreme Court clarified when mandatory orders should be granted against housing authorities citing resource constraints.

R (on the application of Lancashire CC) v SSEFRA & Anor [2019] UKSC 58

The Supreme Court considered whether land held by public authorities for statutory education and health purposes could be registered as town or village greens. The majority held that statutory incompatibility defeated registration in both cases, extending the Newhaven principle.

R (on the application of Lumsdon & Ors) v Legal Services Board [2015] UKSC 41

Criminal barristers challenged the Legal Services Board's approval of the Quality Assurance Scheme for Advocates (QASA), which required judicial assessment of advocates. The Supreme Court dismissed the appeal, holding that even if the scheme was an authorisation scheme under EU law, it was proportionate and justified.

R (on the application of Maguire) v His Majesty’s Senior Coroner for Blackpool & Fylde & Anor [2023] UKSC 20

Jackie Maguire, a vulnerable adult with Downs Syndrome living in a care home under deprivation of liberty safeguards, died from a perforated gastric ulcer after not being taken to hospital despite symptoms. Her mother challenged the coroner's decision not to require an expanded verdict under Article 2 ECHR. The Supreme Court dismissed the appeal, finding no arguable breach of systems or operational duties.

R (on the application of Majera) v Secretary of State for the Home Department [2021] UKSC 46

An asylum seeker was granted bail by the First-tier Tribunal with specific conditions. The Secretary of State imposed additional restrictions inconsistent with the bail order without seeking to vary it. The Supreme Court held that court orders must be obeyed until set aside, regardless of any defects, affirming the fundamental constitutional principle of the rule of law.