Tael transferred part of its participation in a syndicated loan to Morgan Stanley under LMA standard terms. When the loan was later repaid with a payment premium, Tael claimed the portion attributable to the pre-transfer period. The Supreme Court dismissed Tael's appeal, holding the premium did not accrue by reference...
Sea Shepherd UK was sued as joint tortfeasor after its US parent's vessel allegedly attacked a Maltese fish farm's tuna cage during Operation Bluerage. The Supreme Court, by majority, held SSUK's contribution (a small mailshot raising £1,730 and recruiting two volunteers) was de minimis and insufficient for accessory liability. Facts...
The Supreme Court considered whether police retention of personal data on databases—records of Mr Catt's attendance at political protests and a harassment warning letter concerning Ms T—violated article 8 ECHR. The Court allowed both appeals, finding retention proportionate and lawful. Facts Two conjoined appeals concerned the systematic collection and retention...
A Jamaican homosexual challenged the designation of Jamaica as a safe state under section 94(4) of the 2002 Act. The Supreme Court held that a state with systematic persecution of LGBT people, a substantial identifiable section of the community, could not be designated as having 'in general' no serious risk...
Newhaven Port challenged East Sussex County Council's decision to register West Beach as a village green under the Commons Act 2006. The Supreme Court allowed the appeal, holding harbour byelaws gave implied permission for recreational use, and registration was statutorily incompatible with operating a working harbour. Facts West Beach at...
Sustainable Shetland challenged Scottish Ministers' consent for a 103-turbine windfarm in Shetland, arguing inadequate consideration of obligations under the EU Birds Directive regarding the protected whimbrel. The Supreme Court dismissed the appeal, upholding the Inner House's decision that ministers had lawfully considered the directive. Facts Sustainable Shetland, an unincorporated environmental...
The Welsh Assembly's Bill sought to require those liable for asbestos-related diseases, and their insurers, to reimburse the Welsh NHS for treatment costs. The Supreme Court held the Bill fell outside the Assembly's legislative competence and breached A1P1 of the ECHR. Facts The Counsel General for Wales referred to the...
A father successfully recovered a house bought by his son with £285,000 he had provided. After winning in the Supreme Court against legally aided defenders, he sought costs including an ATE insurance premium. The Court held the premium was not recoverable as expenses. Facts In February 2007, the pursuer (father)...
Guraj pleaded guilty to drug supply and money laundering. The judge sentenced him, made forfeiture orders, then postponed confiscation. After prosecution delays and procedural breaches, a confiscation order was made. The Supreme Court held jurisdiction survived absent unfairness to the defendant. Facts The respondent, Lodvik Guraj, pleaded guilty on 11...
A pharmacist convicted of domestic violence offences was removed from the register by the General Pharmaceutical Council. The Supreme Court held there is no 'middle way' between suspension and removal via review extensions, but found removal disproportionate and substituted suspension. Facts Mr Khan, a pharmacist registered in 2002 and practising...
Three migrants made in-time applications to extend leave to remain but each was procedurally defective – two for non-payment of correct fees, one for failure to provide biometrics. The Supreme Court held section 3C did not extend leave where applications were invalidly made. Facts The three appellants each held limited...
Shaun Docherty, a violent repeat offender, was convicted of wounding with intent before LASPO 2012 commenced but sentenced afterwards to imprisonment for public protection (IPP). He challenged the transitional provisions preserving IPP, arguing lex mitior, ultra vires and discrimination. The Supreme Court unanimously dismissed his appeal. Facts The appellant, Shaun...
Mark Golds killed his partner with a knife and admitted the killing, raising diminished responsibility. The Supreme Court considered the meaning of 'substantially impaired' under section 2 Homicide Act 1957 (as amended), holding it requires significant impairment, not merely more than trivial. Facts The appellant, Mark Golds, was convicted of...
An Iraqi national with a four-year drug conviction resisted deportation on Article 8 grounds, citing his UK relationship. The Supreme Court dismissed his appeal, clarifying the weight tribunals must give to the Immigration Rules and Parliament's public interest assessment in foreign criminal deportations. Facts The appellant, an Iraqi national, left...
A Tunisian national convicted of grievous bodily harm challenged his deportation from the UK, arguing insufficient consideration of his two children's best interests under article 8 ECHR. The Supreme Court dismissed his appeal, finding the Secretary of State had adequate information and no further enquiries were required. Facts Mr Makhlouf,...
Disabled tenants and a domestic violence victim in a sanctuary scheme challenged the social sector housing benefit cap (the 'bedroom tax') as discriminatory under Article 14 ECHR. The Supreme Court upheld claims by Carmichael and the Rutherfords but rejected the others, including A's sanctuary scheme claim. Facts These conjoined appeals...
Solicitors Barrington breached warranties to litigation funder Impact under a disbursements funding agreement. When Barrington became insolvent, Impact sought to recover from its professional indemnity insurer AIG. The Supreme Court held the claim fell within the policy's exclusion for breaches of contracts supplying services to solicitors. Facts Impact Funding Solutions...
Mr Johnson, born in Jamaica to a British father and Jamaican mother who were unmarried, was denied automatic British citizenship and faced deportation as a foreign criminal. The Supreme Court held this discrimination based on birth status violated Articles 8 and 14 ECHR. Facts The appellant was born in Jamaica...
Angeline Mitchell was convicted of murdering her partner Anthony Robin by stabbing. The Supreme Court considered whether non-conviction bad character evidence relied on to establish propensity must be proved beyond reasonable doubt incident by incident, holding that propensity itself must be proved, not each underlying fact. Facts On 11 May...
HMRC's Permanent Secretary for Tax discussed Mr McKenna's tax affairs with Times journalists in an 'off the record' interview. The Supreme Court held this breached HMRC's statutory duty of confidentiality under section 18 of the Commissioners for Revenue and Customs Act 2005. Facts Mr Patrick McKenna is the founder and...
MB, a transsexual woman who remained married to her wife, was refused a state pension at age 60 because UK law required her marriage to be annulled before her acquired female gender could be legally recognised. The Supreme Court, being divided, referred the compatibility question to the CJEU. Facts MB...
A UK resident severely injured by an uninsured Greek driver in Greece sued the UK Motor Insurers' Bureau. The Supreme Court held that the scope of compensation must be determined by Greek law, the law of the place of the accident, overruling Jacobs and Bloy. Facts On 17 May 2011,...
Hastings Borough Council closed Hastings Pier under emergency powers in 2006 due to structural concerns. Stylus, a tenant operating businesses on the pier, claimed compensation under section 106 of the Building Act 1984. The Supreme Court dismissed the council's appeal, holding Stylus was not 'in default'. Facts Hastings Pier, originally...
An Italian national living in the UK since 1985 killed his flatmate in 2001 and was imprisoned. The Secretary of State sought to deport him. The Supreme Court referred questions to the CJEU regarding whether enhanced protection from expulsion under Directive 2004/38 requires permanent residence. Facts Franco Vomero, an Italian...
Mr Hayward dishonestly exaggerated a workplace injury claim, which Zurich settled for £134,973 despite suspicions of fraud. After new evidence emerged, Zurich sued to set aside the settlement. The Supreme Court held the settlement could be rescinded for fraudulent misrepresentation. Facts Mr Colin Hayward suffered a workplace injury in June...