April 24, 2026
Mr Yaxley carried out building works on a property based on an oral agreement that he would receive the ground floor. The Court of Appeal held that section 2 of the 1989 Act did not prevent relief through proprietary estoppel or constructive trust. Facts Mr Keith Yaxley, a self-employed builder,...
April 24, 2026
The Indian Government obtained a small judgment in Cochin for short delivery of munitions, then pursued a larger cargo damage claim via an Admiralty action in rem in England. The House of Lords held section 34 of the Civil Jurisdiction and Judgments Act 1982 barred the English action, rejecting the...
April 24, 2026
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...
April 24, 2026
Mr Collier, jointly liable with two partners on a judgment debt, claimed a creditor had agreed to accept only his one-third share. The Court of Appeal held no binding contract existed but set aside the statutory demand, finding a triable promissory estoppel issue. Facts Mr Collier was in partnership with...
April 24, 2026
David Thorner worked unpaid for nearly 30 years on his cousin Peter's Somerset farm, relying on oblique assurances that he would inherit it. Peter died intestate. The House of Lords upheld David's proprietary estoppel claim, restoring the trial judge's order granting him the farm. Facts The appellant, David Thorner, a...
April 24, 2026
A property developer obtained planning permission for a site under an oral 'agreement in principle' with the owner, who then reneged and demanded better terms. The House of Lords held proprietary estoppel and constructive trust were unavailable, awarding only a quantum meruit for services rendered. Facts Mr Cobbe, an experienced...
April 24, 2026
Mr Jennings cared for elderly Mrs Royle unpaid for years, relying on her assurances that 'this will all be yours one day'. She died intestate. The Court of Appeal upheld an award of £200,000 under proprietary estoppel, confirming relief must be proportionate to detriment, not automatically match expectation. Facts Mrs...
April 24, 2026
Mr Gillett worked devotedly for Mr Holt for nearly 40 years, relying on repeated assurances he would inherit the farming business. After a falling out, Mr Holt changed his will in favour of Mr Wood. The Court of Appeal upheld Mr Gillett's proprietary estoppel claim. Facts Mr Geoffrey Gillett first...
April 24, 2026
A father gave his son land to build a house on, signing a memorandum. The son spent £14,000 building a residence with the father's approval. The Lord Chancellor held the son was entitled to the fee simple, not merely a life estate, establishing proprietary estoppel principles. Facts The testator, Llewelyn...
April 24, 2026
Two siblings challenged Scotland's children's hearings system, arguing article 8 ECHR required them to be granted 'relevant person' status in proceedings concerning their brothers/sisters subject to compulsory supervision orders. The Supreme Court dismissed the appeals but recognised a procedural gap requiring sensible operation to respect siblings' family life. Facts The...
April 24, 2026
Bresco, a company in liquidation, referred a construction dispute to adjudication against Lonsdale, which had cross-claims. The Supreme Court held that adjudication was compatible with insolvency set-off, confirming jurisdiction existed and refusing to restrain the adjudication by injunction as futile. Facts Bresco Electrical Services Ltd (“Bresco”) and Michael J Lonsdale...
April 24, 2026
Retailers sued Visa and Mastercard, claiming multilateral interchange fees (MIFs) charged on card transactions restricted competition unlawfully. The Supreme Court held the MIFs breached Article 101(1) TFEU, were not exempt under Article 101(3), and clarified the approach to pass-on damages. Facts Visa and Mastercard operate open four-party payment card schemes...
April 24, 2026
Mr Serafin sued a Polish-language newspaper for libel over an article alleging dishonesty and misconduct. The Supreme Court held the trial judge's hostile conduct rendered the trial unfair, ordered a full retrial, and clarified the public interest defence under section 4 of the Defamation Act 2013. Facts The claimant, Mr...
April 24, 2026
Mr Fowler, a South African-resident diver, worked in UK waters. The Supreme Court held that section 15 ITTOIA's deeming provision, treating employed divers as self-employed traders, did not alter the meaning of 'employment' under the UK-South Africa Double Taxation Treaty, making his income UK-taxable. Facts Mr Martin Fowler is a...
April 24, 2026
Supermarkets and shops hosted ATMs operated by associated banking companies. The Supreme Court held that the ATM sites were not separately rateable hereditaments from the host stores, as the retailers remained in paramount occupation, dismissing the Valuation Officers' appeals. Facts The appeals concerned the rating treatment of automated teller machines...
April 24, 2026
Mr Dill sold a pair of 18th century lead urns on limestone piers from his garden, unaware they were listed. The Supreme Court held he could challenge whether they were 'buildings' at all in enforcement proceedings, and that the Skerritts tests apply. Facts The case concerned a pair of early...
April 24, 2026
Gerry Adams was detained in 1973 under an Interim Custody Order signed by a Minister of State, not the Secretary of State personally. The Supreme Court held the ICO was invalid, quashing his convictions for attempting to escape from lawful custody. Facts From 1922, legislation authorised detention without trial in...
April 24, 2026
A landlord of a block of flats sought to licence structural works by one lessee that would otherwise breach an absolute covenant. The Supreme Court held this would breach the landlord's covenant to other lessees requiring enforcement of such covenants on request. Facts 11-13 Randolph Crescent in Maida Vale comprises...
April 24, 2026
A Zimbabwean national with HIV challenged deportation under Article 3 ECHR, arguing removal would deny him access to life-sustaining medication. The Supreme Court departed from the restrictive N v SSHD approach, adopting the broader Paposhvili test for assessing medical cases under Article 3, and remitted the case for rehearing. Facts...
April 24, 2026
The Supreme Court considered whether the Secretary of State lawfully issued guidance prohibiting local government pension scheme administrators from pursuing investment policies contrary to UK foreign or defence policy. The majority held the guidance was unlawful as it exceeded statutory powers, which permitted guidance on how to approach investment decisions,...
April 22, 2026
Quick, a diabetic nurse, assaulted a patient whilst allegedly suffering from hypoglycaemia caused by taking insulin without eating properly. The Court of Appeal held that hypoglycaemia caused by external factors (insulin) did not constitute a ‘disease of the mind’ under the M’Naghten Rules, allowing a defence of automatism rather than...
April 22, 2026
Bratty strangled a young woman and claimed he acted unconsciously due to ‘blackness’. He raised defences of automatism and insanity based on possible psychomotor epilepsy. The House of Lords held that automatism requires evidential foundation and where the only suggested cause is disease of the mind, rejection of insanity precludes...
April 22, 2026
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,...
April 22, 2026
Mrs López Ostra lived 12 metres from a waste treatment plant that emitted fumes, smells and noise causing health problems and nuisance. Despite complaints, Spanish authorities failed to adequately address the pollution. The ECtHR held Spain violated Article 8, establishing that severe environmental pollution can breach the right to private...
April 22, 2026
A journalist complained that Austrian courts failed to protect his reputation after being accused in a magazine of being part of a 'hunting society' that drove a professor to suicide. The ECtHR held that Austria violated Article 8 by failing to balance the applicant's right to reputation against freedom of...
April 30, 2026
National Case Law Archive
April 30, 2026
National Case Law Archive
April 30, 2026
National Case Law Archive