Case summaries

W80, R (on the application of Officer) v Director General of the Independent Office for Police Conduct & Ors [2023] UKSC 24

A police officer (W80) shot and killed Jermaine Baker during an operation based on intelligence that suspects were armed. The IOPC directed disciplinary proceedings applying the civil law test for self-defence. The Supreme Court held that the civil law test applies in police disciplinary proceedings, not the criminal law test, meaning honest but unreasonable mistakes cannot justify the use of force.

Wainwright v Cennox plc [2023] EAT 101

Ms Wainwright resigned after her employer misled her about a colleague's permanent appointment to her role during her cancer-related absence. The EAT held the Tribunal erred in analysing whether discriminatory acts under section 15 Equality Act 2010 constituted repudiatory breaches contributing to her resignation.

Wainwright v Home Office [2003] UKHL 53

Mrs Wainwright and her son Alan were strip searched when visiting a prisoner and alleged an invasion of privacy and intentional infliction of distress. The House of Lords held there is no general common law tort of privacy and limited recovery to battery and recognised psychiatric harm.

Walker v Innospec Ltd & Ors [2017] UKSC 47

John Walker, a gay man, was denied confirmation that his civil partner (later husband) would receive the full spouse's pension on his death, because his service predated 5 December 2005. The Supreme Court held this restriction incompatible with the Framework Directive and disapplied it.

Waller-Edwards v One Savings Bank Plc [2025] UKSC 22 (04 June 2025)

Mrs Waller-Edwards remortgaged her home jointly with her partner, partly to discharge his personal debts. She later claimed undue influence. The Supreme Court held that banks are put on inquiry whenever any non-trivial portion of a non-commercial loan serves to discharge one party's debts, requiring independent legal advice.

Waltham Forest v Omilaju [2004] EWCA Civ 1493

Mr Omilaju resigned after his employer refused to pay wages for days he spent attending his own employment tribunal hearing. The Court of Appeal held this lawful refusal could not constitute a 'last straw' justifying constructive dismissal, clarifying the doctrine.

Ward v Byham [1956] EWCA Civ 1 (16 January 1956)

A father promised to pay £1 weekly for his illegitimate child's maintenance if the mother proved the child would be well looked after and happy. The Court of Appeal held there was sufficient consideration for this promise, even though the mother had a pre-existing legal duty to maintain the child.

Wardlaw v Bonnington Castings Ltd [1956] UKHL 1 (01 March 1956)

A steel dresser contracted pneumoconiosis from inhaling silica dust in his employer's foundry. Though most dust came from pneumatic hammers (no breach), some came from swing grinders with defective dust extraction (breach of regulations). The House of Lords held the employer liable as the dust from the grinders materially contributed to the disease.

Warner v Scapa Flow Charters (Scotland) [2018] UKSC 52

Mr Warner died during a diving trip from a chartered vessel. His widow sued as guardian of their young son after the Athens Convention's two-year limit. The Supreme Court held the son's claim was not time-barred, as Scots law on legal disability suspended limitation under article 16(3).

Warwickshire County Council v Johnson [1991] UKHL 11

A shop manager refused to honour a price-matching notice displayed outside Dixon's store. The House of Lords held the notice became misleading when not honoured, but the manager could not be prosecuted under section 20(1) Consumer Protection Act 1987 as he was not conducting 'any business of his' - only business owners could be liable.

Waterlow & Sons Ltd v Banco de Portugal [1932] UKHL 1, [1932] AC 452

Waterlow negligently printed unauthorised Portuguese banknotes after being deceived by a fraudster. The House of Lords held that the Bank of Portugal reasonably withdrew the entire issue and could recover the face-value loss caused by the breach, applying a pragmatic approach to mitigation.

Wathen-Fayed v Secretary of State for Housing, Communities and Local Government [2025] UKSC 32

The appeal concerned the meaning of "crematorium" in section 2 of the Cremation Act 1902 for the purpose of the "radius clause" in section 5, which prohibits siting a crematorium within 200 yards of a dwelling house or 50 yards of a public highway. The central question was the point from which those distances fall to be measured. Three different interpretations had been advanced in the courts below. The Supreme Court unanimously dismissed the appeal, holding that "crematorium" in section 5 means the building fitted with appliances for burning human remains — the crematory building itself — and that the…

Watt v Hertfordshire CC [1954] EWCA Civ 6

A fireman was injured when a heavy jack, hastily loaded unsecured on a lorry during an emergency call to free a trapped woman, shifted and crushed his leg. He sued his employer in negligence. The Court of Appeal held there was no breach of duty, emphasising the higher risks justified in life‑saving emergencies.

Watts v Morrow [1991] EWCA Civ 9 (30 July 1991)

Mr and Mrs Watts purchased a country house relying on a negligent survey report that failed to identify significant defects. The Court of Appeal held that damages for negligent survey should be measured by diminution in value, not cost of repairs, and that damages for distress are limited to physical inconvenience and discomfort caused by the breach.

Webb v Barclays Bank Plc [2001] EWCA Civ 1141

Mrs Webb, a polio survivor, injured her knee tripping at work. Her consultant negligently advised amputation without proper investigation or discussing alternatives. The Court of Appeal held that had she been properly advised, she would not have consented to amputation, and apportioned liability between her employer and the NHS Trust.

Webster (The Parents) v Norfolk County Council & Ors [2009] EWCA Civ 59

Parents sought to overturn care, freeing and adoption orders concerning three children removed after one child's fractures were attributed to non-accidental injury. Fresh medical evidence suggested scurvy caused the injuries. The Court of Appeal refused, holding adoption orders could not be set aside.

Wells v Devani [2019] UKSC 4

An estate agent orally agreed commission terms with a vendor but never specified the triggering event for payment. The Supreme Court held a binding contract existed, with payment due on completion, and upheld partial enforcement despite breach of section 18 of the Estate Agents Act 1979.

Welsh Ministers v PJ [2018] UKSC 66

PJ, a patient with learning disability, was discharged from hospital under a community treatment order with conditions amounting to deprivation of liberty. The Supreme Court held the Mental Health Act 1983 does not authorise responsible clinicians to impose such conditions.

Welsh Water v Barratt Homes Ltd [2013] EWCA Civ 233

Barratt obtained planning permission for a housing development and had a statutory right under section 106 Water Industry Act 1991 to connect its drains to Welsh Water’s sewer. Welsh Water blocked the connection with concrete. The Court of Appeal held Barratt could not recover damages in nuisance, trespass or negligence for economic loss, leaving only a limited claim for physical pipe damage.

Wertheim v The Chicoutimi Pulp Company [1910] UKPC 1 (18 March 1910)

Wertheim contracted to purchase 3,000 tons of wood pulp from Chicoutimi Pulp Company for delivery between September and November 1900. Delivery was delayed until June 1901. The Privy Council held that damages for late delivery should reflect actual loss sustained, not the theoretical market price difference, as Wertheim had resold the goods at prices limiting his actual loss.

Western Excavating (ECC) Ltd v Sharp [1977] EWCA Civ 2

An employee resigned after his employer refused to advance holiday pay or a loan following a disciplinary suspension. The Court of Appeal held there was no constructive dismissal, establishing that the contract test, not unreasonableness, governs whether an employee has been constructively dismissed.

WH Holding Ltd v London Stadium LLP [2026] EWCA Civ 153

WH Holding challenged an expert's determination that it owed an additional £3.6m under an overage clause in a stadium concession agreement. The Court of Appeal allowed E20's appeal, holding the expert's contractual interpretation was not so obviously wrong as to constitute manifest error.

WHA Ltd & Anor v Revenue and Customs [2013] UKSC 24

A VAT avoidance scheme ("Project C") routed motor breakdown repair payments through a claims handler, WHA, to recover input tax. The Supreme Court held the garages supplied repair services to the insured car owners, not to WHA, whose role was merely to pay. Appeal dismissed.

Wharton v Bancroft & Ors [2011] EWHC 3250 (Ch)

A 78-year-old terminally ill man made a deathbed will leaving his entire £4m estate to his partner of 32 years, whom he married hours later, excluding his daughters. The court upheld the will, rejecting challenges based on want of knowledge and approval and undue influence.