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. Facts Angove’s Pty Ltd, an Australian winemaker,...
Mr Lee-Hirons, a restricted mental health patient conditionally discharged, was recalled to hospital by the Minister but only told his mental health had deteriorated. Full reasons came 15 days later, breaching policy and Article 5(2) ECHR. The Supreme Court held the breaches did not render his detention unlawful. Facts The...
The insured ship owners made a valid €3.2m marine insurance claim after engine room flooding, but recklessly lied about a bilge alarm to speed up payment. The Supreme Court held that such collateral lies, irrelevant to the claim's validity, do not forfeit recovery. Facts On the night of 28/29 January...
The Supreme Court clarified the status of Privy Council decisions in English courts. It held that domestic courts must follow binding House of Lords or Supreme Court precedent over conflicting JCPC decisions, but introduced a mechanism allowing the JCPC to expressly direct that its decision represents English law. Facts The...
Mr Patel paid £620,000 to Mr Mirza for betting on RBS shares using insider information. The scheme failed and Mr Mirza refused to repay. The Supreme Court allowed recovery in unjust enrichment, fundamentally reshaping the illegality doctrine by replacing the rigid reliance test with a flexible public policy approach. Facts...
Amoena imported a Carmen mastectomy bra designed to hold silicone breast forms for post-mastectomy women. The Supreme Court held it should be classified as an 'accessory' to an artificial body part under chapter 90, attracting zero duty rather than 6.5% as a brassière. Facts The appellant, Amoena (UK) Ltd, imported...
A subtenant tripped on an uneven paving stone on a path between the block of flats and the car park, suing his immediate landlord (a headlessee of one flat) under section 11 of the Landlord and Tenant Act 1985. The Supreme Court held the landlord was not liable. Facts By...
The Supreme Court held that the Lord Chancellor's proposed statutory instrument introducing a residence test for civil legal aid was ultra vires the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The draft order exceeded the delegated powers in section 9(2)(b). Facts In September 2013, the Lord Chancellor proposed...
An apprentice joiner injured by a circular saw sought to hold a company director personally liable for the company's failure to maintain adequate employers' liability insurance under the 1969 Act. The Supreme Court held by majority that no civil liability attached to the director. Facts The appellant, Mr Campbell, was...
An Egyptian national convicted in absentia of manslaughter following a ferry disaster challenged the Home Secretary's decision to serve the Egyptian judgment on him in the UK under section 1 of the Crime (International Co-operation) Act 2003. The Supreme Court held article 6 was not engaged. Facts Mr Mamdouh Ismail,...
Two Polish nationals challenged European Arrest Warrants seeking their extradition to serve sentences in Poland, arguing the warrants failed to particularise domestic warrants and activation decisions. The Supreme Court dismissed both appeals, clarifying EAW content requirements under section 2(6) of the Extradition Act 2003. Facts The appellants, Maciej Goluchowski and...
The Chagossians sought to set aside the House of Lords' 2008 decision upholding the validity of section 9 of the BIOT Constitution Order 2004, which denied them right of abode. They relied on late-disclosed documents (the Rashid documents) said to undermine the feasibility study justifying the Order. The Supreme Court...
A Romanian father sought to enforce a Romanian custody order in England under Brussels IIR. After the Court of Appeal refused enforcement, the Supreme Court held it had no jurisdiction to hear a further appeal, as the UK's notification under article 34 limited appeals to the Court of Appeal only....
A Ugandan student whose asylum claim was refused, leaving him with 11 weeks of student leave, sought to appeal under section 83 NIAA 2002. The Supreme Court held he was outside the section, clarifying it requires over 12 months' leave from the date of refusal. Facts The appellant, a Ugandan...
A Sri Lankan former LTTE member, tortured by state forces, suffered severe PTSD and suicidality. The UK Supreme Court considered whether his risk on return engaged subsidiary protection under the Qualification Directive and referred the question to the CJEU. Facts The appellant, a Sri Lankan national, arrived in the UK...
Two Nigerian migrant domestic workers were severely mistreated by their employers who exploited their precarious immigration status. The Supreme Court held that discrimination because of immigration status is not the same as discrimination because of nationality under the Equality Act 2010. Facts Ms Taiwo and Ms Onu were Nigerian nationals...
Companies controlled by Mr Pelosi senior transferred four properties to entities connected with his son after misleading their bank into discharging securities using sale proceeds from a fifth property. The Supreme Court held these were gratuitous alienations challengeable under section 242 of the Insolvency Act 1986. Facts The case concerned...
Lloyds Banking Group sought to redeem £3.3 billion of high-interest contingent convertible loan notes (ECNs), arguing regulatory changes had triggered a Capital Disqualification Event. The Supreme Court held by majority that LBG was entitled to redeem, as the ECNs could no longer perform their intended capital function. Facts In November...
The House of Lords departed from its earlier decision in Walkley v Precision Forgings Ltd, holding that a claimant who issued a first action in time but had to bring a second action out of time could still invoke the section 33 discretion to disapply the limitation period. Facts On...
The Supreme Court considered whether living arrangements for three mentally incapacitated individuals amounted to a deprivation of liberty under Article 5 ECHR. The majority established the 'acid test': continuous supervision and control, and not free to leave, regardless of placement comfort or compliance. Facts The appeals concerned three mentally incapacitated...
The Attorney General for Northern Ireland referred whether a proposed Revised Code of Practice, allowing those lacking mental capacity to nonetheless validly consent to confinement through wishes and feelings, would breach article 5 ECHR. The Supreme Court overruled Cheshire West and held the Revised Code lawful. Facts The Attorney General...
Ms McBride, a fingerprint officer dismissed following the controversial McKie identification dispute, was found to have been unfairly dismissed. The Supreme Court held the Employment Tribunal had not erred in ordering her reinstatement, recognising practical rather than contractual limitations on her duties. Facts Ms McBride was employed as a fingerprint...
PJS, an entertainer in a same-sex marriage with children, sought to restrain publication of details of an extramarital threesome. Despite widespread internet and overseas disclosure, the Supreme Court reinstated the interim injunction, prioritising privacy and the children’s interests over press freedom. Facts PJS, a well-known figure in the entertainment industry,...
Iraqi civilians sued the MoD in England for alleged mistreatment by British forces in Iraq. The Supreme Court held that Iraqi limitation law applied but the suspensory provision in article 435 did not extend the period, as CPA Order 17’s bar on Iraqi proceedings was irrelevant to English proceedings. Facts...
Eclipse Film Partners challenged whether the First-tier Tribunal could order HMRC to share bundle preparation costs in a Complex tax case where Eclipse had opted out of cost-shifting. The Supreme Court unanimously held the FTT had no jurisdiction to make such an order under Rule 10. Facts Eclipse Film Partners...