Case summaries

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R (on the application of O) v Secretary of State for the Home Department [2016] UKSC 19

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,...

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Re N (Children) [2016] UKSC 15

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,...

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UBS AG & Anor v Revenue and Customs [2016] UKSC 13

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...

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Knauer v Ministry of Justice [2016] UKSC 9

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...

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Re B (A child) [2016] UKSC 4

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...

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R (on the application of Hysaj & Ors) v Secretary of State for the Home Department [2017] UKSC 82

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...

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Dover District Council v CPRE Kent [2017] UKSC 79

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...

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O’Connor v Bar Standards Board [2017] UKSC 78

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,...