Ship owners received bunkers from OW Bunker Malta under terms allowing consumption before payment, with title reserved pending payment. Following OWB Group’s insolvency, owners disputed liability. The Supreme Court held the contract was sui generis, not a sale, and owners were liable for the price. Facts The vessel ‘Res Cogitans’...
A widow complained to the Northern Ireland Complaints Commissioner about her late husband's GP care. The Commissioner recommended the GP pay £10,000. The Supreme Court held the Commissioner had no power to recommend monetary redress against a private practitioner or issue a special report on non-compliance. Facts The respondent was...
Airtours, facing financial difficulty, paid PwC to produce a report for its lending institutions on the viability of its restructuring proposals. The Supreme Court held, by majority, that PwC’s services were supplied to the Institutions, not Airtours, so Airtours could not recover VAT as input tax. Facts In October 2002,...
A bulk cement vessel was arrested in Nigeria due to a demurrage dispute between sub-contractors. The Supreme Court held the arrest was not occasioned by the charterer’s ‘agents’ within clause 49, so the vessel was off-hire during the arrest period. Facts By a time charter-party dated 11 September 2008 on...
A mentally ill Nigerian woman challenged the lawfulness of her immigration detention pending deportation. The Supreme Court held that, although the Home Secretary unlawfully failed to apply detention policy properly, a lawful application would not have secured earlier release, warranting only nominal damages. Facts The appellant, O, a Nigerian national,...
During the 2011 London riots, a Sony warehouse in Enfield was destroyed by rioters. Insurers and uninsured property owners claimed compensation under the Riot (Damages) Act 1886. The Supreme Court held that the Act compensates only for physical damage, not consequential losses such as lost profits or rent. Facts On...
An Algerian national, married to a French EEA national and with permanent residence rights in the UK, challenged his administrative detention pending a deportation decision under the EEA Regulations 2006. The Supreme Court unanimously dismissed the appeal, upholding the regulations' compatibility with EU law. Facts The appellant, Mr Nouazli, was...
Two Hungarian children born and living in England became subject to care proceedings. The Supreme Court considered whether the case should be transferred to Hungary under Article 15 of Brussels IIa. It allowed the appeal, holding the transfer request should be set aside. Facts The case concerned two young girls,...
The Supreme Court considered the extent of a prescriptive exclusive right to take cockles and mussels on the Wash foreshore. It held the seaward boundary fluctuates with the lowest astronomical tide, but previously separated sandbanks do not automatically become part of the fishery upon attachment. Facts The second respondent, Mr...
Two banks devised schemes paying employee bonuses via restricted shares in offshore vehicle companies to exploit Chapter 2 ITEPA 2003 exemptions and avoid income tax. The Supreme Court, applying a purposive Ramsay construction, held the artificial restrictions should be disregarded, making the bonuses taxable. Facts UBS AG and DB Group...
Magmatic, maker of the Trunki ride-on children's suitcase, sued PMS for infringing its Community Registered Design through the similar Kiddee Case. The Supreme Court dismissed Magmatic's appeal, holding that the Court of Appeal correctly found no infringement given the different overall impression. Facts Magmatic Ltd owned Community Registered Design No...
Mr Knauer's wife died of mesothelioma caused by asbestos exposure during her employment with the Ministry of Justice. The Supreme Court held that the multiplier for calculating future loss of dependency damages should be assessed from the date of trial, not the date of death, departing from earlier House of...
Shop Direct Group received a £124m VAT repayment relating to overpaid VAT on trades formerly carried on by other group companies. The Supreme Court held SDG was liable to corporation tax under section 103 ICTA on these post-cessation receipts as beneficial recipient. Facts Companies within the Littlewoods corporate group had,...
A home carer slipped on ice while visiting a terminally ill client and injured her wrist. The Supreme Court held her employer liable under the PPE Regulations, Management Regulations and at common law for failing to provide anti-slip footwear attachments, and clarified the rules on expert evidence. Facts Miss Kennedy...
A same-sex partner sought orders relating to a child taken to Pakistan by the biological mother. The Supreme Court held, by majority, that the child retained habitual residence in England, reshaping the test for losing habitual residence under European law. Facts The appellant and respondent lived together in England in...
Mr Youssef, an Egyptian national, challenged the Foreign Secretary's 2005 decision to lift a hold on his UN Sanctions Committee designation as associated with Al-Qaida. The Supreme Court dismissed his appeal, upholding the reasonable suspicion standard and rejecting torture-taint arguments. Facts The appellant, Mr Youssef, is an Egyptian national living...
A convicted murderer detained under the Mental Health Act 1983 challenged the Secretary of State's refusal of unescorted community leave. The Supreme Court considered whether he should remain anonymous in the proceedings and granted anonymity, allowing his appeal. Facts The appellant, aged 46, had a long history of mental illness...
A Polish national and an Austrian national, both EU citizens lacking worker status, were refused income support and housing assistance respectively in the UK. The Supreme Court dismissed their appeals, holding that EU law permits exclusion of economically inactive EU nationals from social assistance. Facts Two appeals were heard together...
Two Albanian nationals obtained British citizenship by naturalisation using false details. The Supreme Court held that such fraudulently obtained citizenship is valid until formal deprivation under section 40 of the British Nationality Act 1981, overruling earlier Court of Appeal authority on nullity. Facts The two appellants were Albanian nationals who...
A prisoner with health problems exacerbated by tobacco smoke challenged the Secretary of State's refusal to allow prisoners access to the NHS Smoke-free Compliance Line, arguing the smoking ban in the Health Act 2006 bound the Crown. The Supreme Court dismissed the appeal, holding the Crown was not bound. Facts...
Lady Brownlie was injured and her husband killed in a car crash during a Four Seasons hotel excursion in Egypt. She sued the Canadian holding company in England. The Supreme Court held the holding company was the wrong defendant, but obiter discussed the tort jurisdictional gateway. Facts Lady Brownlie, widow...
Dover District Council granted planning permission for a major development in an Area of Outstanding Natural Beauty, against officers' advice. The Supreme Court held the Council had breached its duty to give reasons under EIA regulations and at common law, quashing the permission. Facts China Gateway International Limited (CGI) applied...
A black barrister brought a Human Rights Act claim against the Bar Standards Board, alleging racially discriminatory disciplinary proceedings. The Supreme Court held the prosecution constituted a single continuing act lasting until her successful appeal, meaning her claim was brought in time under section 7(5)(a). Facts The appellant, Ms O’Connor,...
Tiuta sued De Villiers for negligent valuation underpinning a second loan facility which refinanced an earlier non-negligent facility plus advanced new money. The Supreme Court held the valuer's liability was limited to the new money, since the original loan would have been lost anyway. Facts Tiuta International Ltd, a short-term...
The Scotch Whisky Association challenged Scotland's minimum alcohol pricing legislation as contrary to EU law on free movement of goods. The Supreme Court dismissed the appeal, holding minimum pricing was a proportionate measure to protect public health, particularly targeting harmful drinking among deprived communities. Facts The Scottish Parliament enacted the...