June 24, 2026
A Moroccan mother wrongfully removed her son from Morocco to England in 2013. The father sought summary return. The Supreme Court held that the English court had jurisdiction under article 11 of the 1996 Hague Convention to order protective measures, including return, in cases of urgency. Facts Saleem, born in...
June 24, 2026
Two conjoined appeals examined the law on contractual penalty clauses. In Cavendish, share sale clauses forfeiting deferred payments and forcing share transfers at undervalue upon breach of restrictive covenants were upheld. In ParkingEye, an £85 parking overstay charge was held neither penal nor unfair under consumer regulations. The Supreme Court...
June 24, 2026
Melissa's parents used proceeds from selling their mortgaged home to buy a property in her name, with the Bank releasing its security on the understanding it would receive a charge over the new property. The charge proved void. The Supreme Court held the Bank could be subrogated to the unpaid...
June 24, 2026
Two consignments of cigarettes were lost during international road carriage subject to the CMR Convention. BAT sought to sue Dutch sub-contractor successive carriers in England alongside the English main carrier. The Supreme Court held English jurisdiction could not be established against the successive carriers under CMR. Facts The case concerned...
June 24, 2026
The Supreme Court considered whether a defendant's rights under loan agreements, and the proceeds thereof, fell within a standard form freezing order. The Bank held US$4.4 billion in unpaid judgments against Mr Ablyazov. The Court held the right to draw down was not an 'asset' but the loan proceeds were...
June 24, 2026
Mrs Nolan was made redundant when the US Army closed its watercraft repair base in Hampshire without consulting employees. The Supreme Court held that TULCRA's collective redundancy consultation duties applied to the United States despite the strategic, sovereign nature of the closure decision. Facts In early 2006, the United States...
June 24, 2026
McGeough was convicted of attempted murder of a UDR soldier and IRA membership. His IRA membership conviction relied on admissions made in a failed 1983 Swedish asylum application. The Supreme Court upheld admission of that evidence, finding no confidentiality bar. Facts In June 1981, Samuel Brush, a postman and member...
June 24, 2026
Mrs Gohil sought to set aside a 2004 consent financial order on the ground of her former husband's fraudulent non-disclosure of assets. The Supreme Court held that Ladd v Marshall principles do not apply to such applications and reinstated the trial judge's order. Facts The parties married in 1990 and...
June 24, 2026
Mrs Sharland agreed a divorce settlement based on her husband's dishonest evidence about the value and imminent IPO of his company. The Supreme Court held that fraud unravels matrimonial consent orders, allowing her to reopen the financial proceedings. Facts The parties married in 1993 and separated in 2010, having three...
June 24, 2026
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...
June 24, 2026
A prisoner convicted of a racially-aggravated murder was held in solitary confinement for 56 months for his own protection. The Supreme Court held his segregation breached prison rules and violated article 8 ECHR, though not article 3. Facts The appellant was convicted in November 2006 of the racially-aggravated abduction and...
June 24, 2026
Beaurish Tigere, a Zambian national resident in the UK since age six with discretionary leave to remain, was denied a student loan because she was not 'settled' under the eligibility rules. The Supreme Court held by majority that the settlement criterion unjustifiably breached her right to education under Article 14...
June 24, 2026
The Supreme Court held, by a 3-2 majority, that where HMRC withdrew approval of a pension scheme retrospectively under section 591B(1) of the Income and Corporation Taxes Act 1988, the 40% tax charge under section 591C fell to be assessed in the tax year with effect from which approval ceased,...
June 24, 2026
Mrs Tolley, a British national receiving Disability Living Allowance, moved permanently to Spain. The Secretary of State withdrew her benefit on residence grounds. The Supreme Court considered whether EU Regulation 1408/71 required portability of DLA, ultimately referring questions to the CJEU. Facts Mrs Tolley, a British national born in 1952,...
June 23, 2026
Two high-security prisoners were held in solitary confinement for months under rule 45 of the Prison Rules 1999, with continued segregation authorised by prison operational managers. The Supreme Court held this segregation was unlawful, as only the Secretary of State, acting through officials external to the prison, could authorise it....
June 23, 2026
Mazars, a firm of chartered accountants, occupied the second and sixth floors of an office block under separate leases. The Supreme Court held these constituted separate hereditaments for rating purposes, establishing that the geographical test takes primacy over functional considerations. Facts Tower Bridge House is an eight-storey office block in...
June 23, 2026
Mr Champion challenged planning permission granted by North Norfolk District Council for silos and a lorry park near the River Wensum, a protected Special Area of Conservation. The Supreme Court held that although EIA screening was defective, relief should be refused as the outcome would not have differed. Facts Crisp...
June 23, 2026
Mr Hunt challenged North Somerset Council's youth services budget cuts. The Court of Appeal found the Council had breached its equality and consultation duties but refused relief and ordered Hunt to pay half the costs. The Supreme Court reversed the costs order. Facts The appellant, Mr Hunt, born in 1991,...
June 23, 2026
Homeowners successfully sued for noise nuisance from a nearby speedway, funded by a CFA and ATE insurance. The defendants challenged liability for success fees and ATE premiums under the 1999 Act as incompatible with Convention rights. The Supreme Court upheld the scheme's compatibility. Facts The appellants, Katherine Lawrence and Raymond...
June 23, 2026
Mrs Beghal was stopped at East Midlands Airport under Schedule 7 of the Terrorism Act 2000 and convicted for refusing to answer questions. The Supreme Court held by majority that Schedule 7 was compatible with Articles 5, 6 and 8 ECHR. Facts On 4 January 2011, the appellant, Mrs Beghal,...
June 23, 2026
Rank claimed a VAT refund on takings from multi-terminal slot machines linked to a remote random number generator, arguing they were not 'gaming machines' under Note (3). The Supreme Court dismissed the appeal, holding the takings were taxable. Facts The appeal concerned whether takings from a particular category of slot...
June 23, 2026
Cameron Mathieson, a severely disabled child, had his Disability Living Allowance suspended after 84 days as an NHS in-patient. The Supreme Court held this violated his rights under Article 14 ECHR taken with A1P1, as the Secretary of State failed to justify the discriminatory treatment. Facts Cameron Mathieson was born...
June 23, 2026
PH, a severely disabled adult lacking capacity, had lived with foster parents in South Gloucestershire from age four after being placed there by Wiltshire under the Children Act 1989. The Supreme Court held that Wiltshire, the placing authority, remained responsible for his care upon reaching majority. Facts PH was born...
June 23, 2026
Childcare voucher providers challenged HM Treasury's decision to use NS&I (and its outsourcing contractor Atos) to deliver Tax-free Childcare, alleging breach of EU procurement law. The Supreme Court dismissed the appeal, holding the proposed contract modification was not substantial. Facts HM Treasury (HMT) decided on 29 July 2014 to use...
June 23, 2026
Mr Anson, a UK resident non-domiciled taxpayer, was a member of a Delaware LLC and paid US tax on his share of its profits. The Supreme Court held he was entitled to double taxation relief because UK and US taxes were computed by reference to the same income. Facts The...
August 25, 2026
National Case Law Archive
August 25, 2026
National Case Law Archive
August 25, 2026
National Case Law Archive