Case summaries

Attorney General’s Reference (No.3 of 1994) [1998] AC 245

The defendant stabbed his pregnant partner, causing premature birth; the child was born alive but died from complications of prematurity. The House of Lords held he could not be guilty of murder, as malice could not be transferred via the foetus, but was guilty of unlawful act manslaughter.

Attwood v Small [1838] UKHL J60 (March 1838)

Purchasers sought to rescind a sale after discovering the seller’s representations about an ironworks were inaccurate. The House of Lords refused rescission because they had relied on their own extensive independent investigation, establishing that actionable misrepresentation requires actual reliance on the representation.

Augustine v Data Cars Limited [2026] UKSC 30

Mr Augustine, a part-time private hire driver, was charged the same fixed weekly circuit fee as full-time drivers, meaning he paid more per hour worked. The Supreme Court held that part-time status need only be an effective cause, not the sole cause, of less favourable treatment under the 2000 Regulations.

Austin v Commissioner of Police of the Metropolis [2009] UKHL 5 (28 January 2009)

During a May Day demonstration in Oxford Circus, police cordoned approximately 3,000 protesters for seven hours to prevent anticipated violence. The appellant challenged this containment as unlawful deprivation of liberty under Article 5 ECHR. The House of Lords held that proportionate crowd control measures taken in good faith do not constitute deprivation of liberty.

Austin v Southwark LBC [2010] UKSC 28

Mr Austin sought to represent his deceased brother's estate to apply to revive a secure tenancy that had ended when his brother breached a suspended possession order. The Supreme Court held the statutory right to apply under section 85(2) survives death, allowing the appeal.

Aviva Investors Ground Rent GP Ltd and another v Williams and others [2023] UKSC 6

Residential tenants challenged their landlord's contractual power to re-apportion service charges, arguing section 27A(6) of the Landlord and Tenant Act 1985 rendered such provisions void. The Supreme Court held that section 27A(6) only protects the tribunal's jurisdiction to review decisions for contractual and statutory legitimacy, not to replace landlords' discretionary management decisions.

Avon Freeholds Limited v Cresta Court E RTM Company Limited [2026] UKSC 31

An RTM company failed to serve a notice of invitation to participate on one qualifying tenant before serving its claim notice. The Supreme Court held that this procedural breach did not invalidate the claim notice, allowing the landlord's objection to fail and the right to manage to transfer.

Aydin v Turkey (Application 23178/94) [1997] ECHR 75

A 17-year-old Kurdish woman alleged she was raped and tortured while detained by Turkish security forces. The European Court of Human Rights found Turkey violated Article 3 (prohibition of torture) and Article 13 (right to effective remedy), holding that rape by a state official constitutes torture and that Turkey failed to conduct an effective investigation.

B (A Minor) v DPP [2000] 2 AC 428

A 15‑year‑old boy incited a 13‑year‑old girl to perform oral sex, honestly believing she was over 14. The House of Lords held that the offence under section 1(1) of the Indecency with Children Act 1960 requires mens rea as to age; an honest belief, even if unreasonable, is a defence.

B v Secretary of State for the Home Department [2000] EWCA Civ 158

An Italian national who had lived in the UK since age 7 faced deportation following convictions for sexual abuse of his daughter. The Court of Appeal held that deportation was disproportionate given his lifelong residence in the UK, despite the serious nature of his offences, applying EU free movement and ECHR Article 8 principles.

Bailey & Anor v Angove’s PTY Ltd [2016] UKSC 47

Australian winemaker Angove's terminated its UK agent D&D's authority to collect customer payments after D&D entered administration. The Supreme Court held the termination was effective, the agent's authority was not irrevocable, and no constructive trust arose over funds received by the insolvent agent.

Bailey v The Ministry of Defence [2008] EWCA Civ 883 (29 July 2008)

The claimant suffered brain damage after aspirating vomit while hospitalised. The negligent failure to properly resuscitate her after a procedure contributed to her weakened state alongside non-negligent pancreatitis. The Court of Appeal held that where cumulative causes contribute to injury, a claimant need only prove the negligent cause made a material contribution, not that it was the sole cause.

Baird Textile Holdings Ltd v Marks & Spencer plc [2001] EWCA Civ 274

Marks & Spencer abruptly terminated a 30-year supply relationship with Baird Textiles without notice. Baird claimed an implied contract and estoppel required reasonable notice. The Court of Appeal held neither claim had real prospects of success, affirming contractual certainty requirements and that estoppel cannot create a cause of action outside property contexts.

Bairstow v Queens Moat Houses plc [2001] EWCA Civ 712

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 accounts regardless of company solvency.

Baker v Hewston [2023] EWHC 1145 (Ch)

Stanley, a 91-year-old with dementia, made six wills in his final decade, repeatedly changing beneficiaries. His executors sought probate of his 2020 will. The defendant objected citing capacity concerns but compromised at trial. The judgment examines the relationship between Banks v Goodfellow and the Mental Capacity Act 2005.

Baker v Quantum Clothing Group Ltd (Ver 2) [2011] UKSC 17 (13 April 2011)

Employees in the knitting industry claimed compensation for noise-induced hearing loss from exposure to noise levels between 85-90dB(A) before 1990. The Supreme Court examined employer liability under common law negligence and the Factories Act 1961, determining that compliance with the 1972 Code of Practice provided a defence for average employers until the late 1980s.

Baker v TE Hopkins & Son Ltd [1959] EWCA Civ 4 (24 July 1959)

Two employees died in a gas-filled well after their employer negligently used a petrol-driven pump without adequate warnings. A doctor who attempted to rescue them also died. The Court of Appeal held the employer liable for all three deaths, establishing that rescuers injured while responding to dangers created by negligence can recover damages.

Baker v Willoughby [1969] UKHL 8 (26 November 1969)

The plaintiff was injured in a car accident caused by the defendant's negligence, damaging his left leg. Before trial, robbers shot his leg, necessitating amputation. The House of Lords held that the defendant remained liable for the original injury's consequences, as the subsequent injury did not diminish or obliterate the losses already caused.

Balfour v Balfour [1919] 2 KB 571

Balfour v Balfour (1919) established that domestic agreements, like those between spouses, generally lack intention to create legal relations, meaning they're not legally enforceable contracts. It differentiates informal promises from binding obligations.

Balhousie Holdings Ltd v Revenue and Customs (Scotland) [2021] UKSC 11

A care home operator financed its acquisition through a sale and leaseback arrangement. HMRC argued this triggered a VAT self-supply charge under paragraph 36(2) of Schedule 10 to VATA. The Supreme Court held that since the operator retained a leasehold interest throughout, it had not disposed of its 'entire interest' and no charge arose.