Case summaries

BNY Corporate Trustee Services Ltd & Ors v Neuberger [2013] UKSC 28

Holders of junior A3 notes argued that Eurosail, a Lehman-sponsored securitisation vehicle, was balance-sheet insolvent under section 123(2) of the Insolvency Act 1986 (incorporated into the notes' default clause). The Supreme Court dismissed their appeal, rejecting the Court of Appeal's "point of no return" test, and dismissed Eurosail's cross-appeal on the post-enforcement call option.

Bolam v Friern Hospital Management Committee [1957] 1 WLR 582 (ICLR)

Mr Bolam, a voluntary psychiatric patient, suffered rare pelvic fractures during unmodified electro-convulsive therapy. He alleged negligence for not using relaxant drugs, restraints, or giving warning. The court held doctors are not negligent if acting in accordance with a responsible body of medical opinion.

Bolitho v City and Hackney Health Authority [1997] UKHL 46

A two-year-old boy suffered brain damage after cardiac arrest caused by respiratory failure. The doctor negligently failed to attend when called but argued intubation would not have been performed anyway. The House of Lords clarified that expert medical opinion must be logically defensible to satisfy the Bolam test.

Bolton v Mahadeva [1972] EWCA Civ 5 (13 April 1972)

A contractor installed a central heating system for £560 but the system emitted fumes into living rooms and provided inadequate heat (up to 30% deficient in some rooms). The Court of Appeal held that defects costing £174 to repair meant there was no substantial performance of the lump-sum contract, so the contractor could not recover payment.

Bott & Co Solicitors Ltd v Ryanair DAC [2022] UKSC 8

Bott & Co, solicitors claiming flight delay compensation for clients from Ryanair, sought to establish an equitable lien over compensation payments. Ryanair began paying clients directly, bypassing the solicitors. The Supreme Court held (3-2) that solicitors have an equitable lien where they provide services making a claim asserting a legal entitlement, significantly contributing to recovery of funds.

Boughanemi v France (Application 22070/93) [1996] ECHR 19

A Tunisian national who arrived in France aged 8 was deported following convictions including living on earnings of prostitution. The Court held by 7-2 that his deportation did not violate Article 8 ECHR, finding the measure proportionate given the seriousness of his offences despite his family ties in France.

Boultif v Switzerland (Application 54273/00) [2001] ECHR 497

An Algerian national married to a Swiss citizen had his residence permit refused renewal following a robbery conviction. The European Court of Human Rights found Switzerland violated Article 8, establishing guiding criteria for balancing family life rights against deportation for criminal offences.

Bourhill v Young [1942] UKHL 5 (05 August 1942)

A pregnant fishwife suffered nervous shock after hearing a motorcycle collision approximately 50 feet away, though she was never in physical danger and saw nothing of the accident itself. The House of Lords held the motorcyclist owed her no duty of care as she was outside the foreseeable area of potential danger.

Bowerman v Bowerman [2025] EWHC 2947 (Ch)

Alastair Bowerman challenged his parents' 1999 wills, alleging his father lacked testamentary capacity following a severe stroke and his mother was unduly influenced by his brother Ben. Master Clark dismissed the claims, finding laches barred the father's will challenge and no coercion was proven regarding the mother's will.

Boyd v Public Prosecution Service for Northern Ireland [2026] UKSC 7

The PPS sought to add a compensation order to a sentence two years after the original sentencing. The Supreme Court held that while article 158A permits varying sentences by addition, the interests of justice require expeditious applications. The delay was fatal to the application.

Boyle v United Kingdom (Application 16580/90) [1994] ECHR 9

An uncle complained about being denied access to his nephew who was taken into care, and the absence of any legal mechanism to apply to court for access before the Children Act 1989. The case was struck out following a friendly settlement where the Government paid compensation and expressed regret.

Boys v Chaplin [1967] EWCA Civ 3

Two British servicemen stationed in Malta were involved in a road accident. The plaintiff sued in England for damages including pain and suffering, which were not recoverable under Maltese law. The Court of Appeal held English law applied to assess damages, awarding £2,303 rather than the £53 available under Maltese law.

BPE Solicitors & Anor v Gabriel [2015] UKSC 39

Mr Gabriel's solicitors were found negligent over a £200,000 loan transaction, but the Court of Appeal reduced damages to nominal £2 and ordered costs against him. After his bankruptcy, his trustee sought a ruling on personal costs liability if adopting the pending Supreme Court appeal.

BPE Solicitors & Anor v Hughes-Holland (in substitution for Gabriel) [2017] UKSC 21

Mr Gabriel lent £200,000 to a friend for a property development, believing the funds would finance construction. His solicitors negligently failed to correct documentation suggesting this, when in fact the money was to repay the borrower's bank debt. The Supreme Court clarified the SAAMCO principle, holding the solicitors not liable as the loss arose from commercial misjudgements outside the scope of their duty.

BPP Holdings Ltd & Ors v Revenue and Customs [2017] UKSC 55

BPP challenged HMRC's VAT assessments on book supplies. After HMRC failed to provide proper further information following a Tribunal order, the First-tier Tribunal debarred HMRC from defending the appeal. The Supreme Court upheld the debarring order, confirming tribunals must enforce procedural compliance robustly.

Bracey v Curley [2022] EWHC 359 (Ch)

A testator's will left his house Briardale to his wife for life, then to his son. She predeceased him, creating ambiguity about whether the son inherited. The court held the son took Briardale directly, with rectification available as an alternative.

Braganza v BP Shipping Ltd [2015] UKSC 17

Mr Braganza, BP's Chief Engineer, disappeared at sea. BP concluded he had committed suicide, denying his widow death-in-service benefits. The Supreme Court held that BP's contractual discretion required a rational decision-making process, and the evidence was insufficient to overcome the inherent improbability of suicide.

Brake & Anor v The Chedington Court Estate Ltd [2023] UKSC 29

The Supreme Court considered when bankrupts have standing to challenge their trustee's actions under section 303(1) of the Insolvency Act 1986. The Brakes sought to challenge their trustee's dealings with a cottage they possessed. The Court held bankrupts only have standing where there is likely to be a surplus in the estate, or where the challenge concerns matters arising from powers peculiar to the bankruptcy regime.

Bratty v Attorney General of Northern Ireland [1961] UKHL 3

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 automatism defence.

Breslin v Mckevitt [2011] NICA 33 (07 July 2011)

Civil action by families of victims of the 1998 Omagh bombing against alleged perpetrators. The Court of Appeal upheld findings of liability in trespass to the person against McKevitt and Campbell, ordered retrials for Murphy and Daly due to evidential errors, and rejected claims for exemplary damages whilst confirming aggravated damages awards.

Brewster, Re Application for Judicial Review (Northern Ireland) [2017] UKSC 8

Denise Brewster was denied a survivor's pension under the Northern Ireland Local Government Pension Scheme after her partner died suddenly, because he had not nominated her in writing. The Supreme Court held the nomination requirement unlawfully discriminated against unmarried cohabitants contrary to Article 14 ECHR.