May 21, 2026
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. Facts John Walker was employed by...
May 21, 2026
Mr O'Brien, a retired part-time recorder, sought a judicial pension based on all 27 years of his service. The Supreme Court considered whether service before the Part-Time Work Directive's transposition deadline should count, and referred the question to the CJEU. Facts Mr Dermod O’Brien QC, a self-employed barrister, served as...
May 21, 2026
Rangers Football Club paid employees' remuneration through an Employee Benefit Trust and sub-trusts, with funds extended to players as loans, to avoid income tax and NICs. The Supreme Court held that earnings redirected to a third party trust remain taxable employment income. Facts RFC (formerly The Rangers Football Club plc)...
May 21, 2026
Mr Dean, a UK citizen convicted in Taiwan of drink-driving manslaughter, fled to Scotland. The Supreme Court allowed the Lord Advocate's appeal, holding that Taiwan's assurances about prison conditions provided reasonable protection against article 3 ECHR breaches, permitting his extradition. Facts Mr Dean, a UK citizen who had lived in...
May 21, 2026
Charterers repudiated a two-year charterparty extension of the New Flamenco. The owners sold the vessel shortly after, avoiding a significant market drop by 2009. The Supreme Court held owners need not credit the charterers with this capital benefit, as it was not caused by the breach. Facts The vessel New...
May 21, 2026
Two foreign criminals facing deportation challenged Home Secretary certificates under section 94B of the 2002 Act requiring them to bring their human rights appeals from abroad. The Supreme Court unanimously allowed their appeals and quashed the certificates, holding that out-of-country appeals would not be effective and breached article 8. Facts...
May 20, 2026
Two failed asylum seekers, an Ahmadi from Pakistan and a Catholic from Vietnam, resisted removal under Article 9 ECHR, claiming religious persecution. The House of Lords dismissed their appeals on facts but held that Convention articles beyond Article 3 could engage in foreign removal cases where a flagrant denial of...
May 20, 2026
The Supreme Court held that the named person provisions in Part 4 of the Children and Young People (Scotland) Act 2014, particularly the information-sharing measures, were outside the Scottish Parliament's legislative competence as they breached Article 8 ECHR rights to private and family life. Facts The Scottish Parliament enacted the...
May 20, 2026
Two British citizens challenged the Immigration Rule requiring foreign spouses to pass a pre-entry English language test before joining them in the UK. The Supreme Court upheld the Rule itself but expressed serious concerns that the accompanying Guidance was likely to breach Article 8 rights in significant numbers of cases....
May 20, 2026
Optimares contracted with Qatar Airways to design and manufacture aircraft seats. Qatar Airways terminated for convenience under clause 12.2.3 after Optimares invoked excusable delay due to Covid-19. The High Court held the termination was lawful, dismissing Optimares' claims and largely upholding Qatar Airways' counterclaim for repayment of non-recurring costs. Facts...
May 20, 2026
Shipowners claimed wasted expenditure following charterers' repudiation of a five-year charterparty, despite earning more at higher market rates afterwards. The Commercial Court held reliance damages are governed by Robinson v Harman, so benefits from mitigation must be set off, leaving no recoverable loss. Facts The Charterers agreed to charter the...
May 20, 2026
A 15-year-old girl usually resident in Northern Ireland travelled to England with her mother for an abortion, paying privately because NHS England would not fund it. The Supreme Court, by a 3-2 majority, held the Secretary of State's failure to provide free NHS abortions to Northern Irish women was lawful....
May 20, 2026
A female life prisoner released on licence challenged the distribution of Approved Premises, arguing it forced women to live far from home unlike men. The Supreme Court held this constituted unjustified direct sex discrimination under the Equality Act 2010. Facts The appellant, a woman in her fifties who had lived...
May 20, 2026
Sixth form college teachers went on strike for one day. Their employer deducted 1/260 of their annual salary. The Supreme Court held that under section 2 of the Apportionment Act 1870, the correct deduction was 1/365, reflecting calendar day apportionment. Facts The appellants were teachers employed at the respondent’s sixth...
May 20, 2026
Following Lehman Brothers' 2008 collapse, the Supreme Court resolved multiple insolvency law questions arising from LBIE's surplus administration, including subordinated debt ranking, foreign currency conversion claims, post-administration interest, contributory liabilities in unlimited companies, and the extension of the contributory rule to administrations. Facts Lehman Brothers International (Europe) (LBIE), an unlimited...
May 20, 2026
The Supreme Court considered the proper interpretation of paragraph 49 of the National Planning Policy Framework concerning housing land supply. Two planning appeals involving housing developments at Yoxford and Willaston were dismissed, with the Court clarifying that 'policies for the supply of housing' should be given a narrow interpretation. Facts...
May 20, 2026
An Iranian refugee with PTSD refused a council flat, claiming a round window reminded her of her prison cell. The Supreme Court upheld the council's decision and declined to depart from Ali v Birmingham, holding article 6 did not apply to homelessness duties. Facts Ms Vida Poshteh, an Iranian refugee...
May 20, 2026
The Capesize bulk carrier Ocean Victory was lost attempting to leave Kashima during a severe storm. Her insurers, as assignees, sued charterers for breach of safe port warranty. The Supreme Court held the storm was an abnormal occurrence, not unsafety. Facts The Ocean Victory, a Capesize bulk carrier, was demise...
May 20, 2026
The Nuclear Decommissioning Authority wrongly awarded a Magnox decommissioning contract to CFP rather than the RSS consortium including ATK. The Supreme Court held damages under the Public Contracts Regulations 2006 require a 'sufficiently serious' breach, mirroring Francovich conditions, but rejected NDA's mitigation argument. Facts The Nuclear Decommissioning Authority (NDA), a...
May 20, 2026
Three newspaper publishers challenged costs orders requiring them to pay claimants' success fees and ATE premiums under the 1999 Act regime, arguing infringement of article 10 rights. The Supreme Court dismissed all three appeals, holding claimants' accrued rights and legitimate expectations prevailed. Facts Three conjoined appeals concerned costs orders made...
May 20, 2026
Swynson lent £15m to EMSL based on negligent due diligence by HMT accountants. Mr Hunt later personally funded EMSL's repayment of the loan. The Supreme Court held HMT escaped liability as Swynson's loss was extinguished by repayment, rejecting arguments based on res inter alios acta, transferred loss, and unjust enrichment....
May 20, 2026
Mr McCann, a long-term detained patient at the State Hospital Carstairs, challenged a comprehensive smoking ban including its grounds. The Supreme Court held the prohibition on possession, search and confiscation of tobacco was unlawful for non-compliance with the Mental Health (Care and Treatment) (Scotland) Act 2003, but the smoking ban...
May 20, 2026
A Somali refugee charged under the Identity Cards Act 2006 for using a false passport claimed the CPS's decision to prosecute breached her Article 8 rights. The Supreme Court dismissed her appeal, holding that prosecuting Convention-compliant offences does not engage Article 8. Facts The appellant, born in Somalia in 1991...
May 20, 2026
Investment trust companies paid VAT on investment management services which were later found to be exempt under EU law. They sought restitution directly from HMRC for amounts their managers could not reclaim. The Supreme Court held no direct claim lay against HMRC. Facts The claimants were investment trust companies (ITCs)...
May 20, 2026
A father took his daughter on holiday during term time despite the head teacher's refusal. He was prosecuted under section 444(1) of the Education Act 1996 for failing to ensure regular school attendance. The Supreme Court held 'regularly' means 'in accordance with the rules prescribed by the school'. Facts The...
July 5, 2026
National Case Law Archive
July 1, 2026
National Case Law Archive
July 1, 2026
National Case Law Archive