December 26, 2025
A German company challenged turnover equalization tax rates on imports. The Court clarified that its preliminary rulings bind national courts, but those courts may make further references if needed. The case interpreted Article 97 EEC Treaty regarding average tax rates for imported products. Facts Milch-, Fett- und Eierkontor GmbH, a...
December 26, 2025
Marleasing sought nullity of La Comercial's incorporation, claiming it was a sham to defraud creditors. The ECJ ruled national courts must interpret domestic law consistently with EU directives, even unimplemented ones, to achieve directive purposes. This established the principle of indirect effect of directives. Facts Marleasing SA brought proceedings against...
December 20, 2025
One thousand cases of whisky intended for export to Iran were stolen whilst in the carrier's custody in England. The plaintiffs had to pay £30,000 excise duty to HMRC as a consequence. The Court of Appeal held the carrier liable for the full loss including the excise duty, interpreting the...
December 20, 2025
Dispute arose whether an appeal to the Court of Appeal was permitted from a High Court decision under section 9 of the Arbitration Act 1996 regarding a stay of proceedings. The House of Lords held that despite a drafting error in section 18(1)(g) of the Supreme Court Act 1981, the...
December 20, 2025
French champagne producers sought to prevent English cider makers from using 'Champagne Cider' and 'Champagne Perry' labels. The case established important guidelines on when English courts should refer questions of European Community law interpretation to the European Court of Justice under Article 177 of the Treaty of Rome. Facts French...
December 20, 2025
A dispute over the validity of a lease made by a dissolved college. The Exchequer Court established the famous 'mischief rule' for statutory interpretation, requiring courts to consider the common law, the mischief Parliament sought to remedy, and the remedy provided, to suppress the mischief and advance the remedy. Facts...
December 20, 2025
A taxpayer appealed against income tax assessments but transmitted his Case Stated to the High Court eight days late. The Court of Appeal held that the 30-day time limit in Section 56(4) of the Taxes Management Act 1970 was mandatory, and failure to comply deprived the Court of jurisdiction to...
December 20, 2025
Mr Fothergill's suitcase was damaged during an international flight and some contents were missing. He reported the damage but not the loss of contents within seven days. The House of Lords held that 'damage' in Article 26(2) of the Warsaw Convention includes partial loss of contents, requiring timely complaint. Facts...
December 20, 2025
Mrs Farrell paid £4,000 for fixtures and fittings to obtain a flat tenancy, but the amount exceeded their true value. The existing tenant surrendered her lease so the landlord could grant a new tenancy to Mrs Farrell. The House of Lords held that section 85 of the Rent Act 1968...
December 20, 2025
Ealing Council refused to place Mr Zesko, a Polish national, on their housing waiting list because he was not a British subject. The House of Lords held that discrimination based on present nationality was not the same as discrimination on 'national origins' under the Race Relations Act 1968, and thus...
December 20, 2025
Miss Fox lived with Mr Wright as his wife for 21 years without marrying. After his death in 1961, the landlord sought possession, arguing she was not a 'member of the tenant's family' under the Rent Acts. The Court of Appeal held that changing social attitudes meant an unmarried partner...
December 20, 2025
Two claimants were injured in separate incidents in car parks – one struck by a car in an open car park, another injured by fire in a multi-storey car park. The House of Lords held that car parks do not constitute 'roads' under the Road Traffic Act 1988, meaning compulsory...
December 20, 2025
The appellant disrupted a Wimbledon tennis match to protest South African apartheid. Magistrates found his behaviour was not 'insulting' under section 5 of the Public Order Act 1936. The House of Lords upheld this, ruling that 'insulting' carries its ordinary meaning and whether behaviour is insulting is a question of...
December 19, 2025
Black Clawson held dishonoured bills of exchange accepted by a German company. After the German court dismissed their claim as time-barred under German limitation law, they sought to sue in England. The House of Lords allowed the appeal, holding that section 8 of the Foreign Judgments (Reciprocal Enforcement) Act 1933...
December 11, 2025
Two parents were charged with terrorism funding for sending money overseas. Before trial, the Supreme Court had to interpret "has reasonable cause to suspect" in section 17 Terrorism Act 2000, holding it sets an objective suspicion test, not requiring actual suspicion. Facts The appeal arose from a preparatory hearing in...
December 11, 2025
Storkwain Ltd, a pharmacy, supplied controlled medicines on the basis of forged prescriptions which they believed to be genuine. The House of Lords held that the offence under section 58(2)(a) of the Medicines Act 1968 is one of strict liability and does not require proof of mens rea. Facts The...
December 11, 2025
Miss Sweet, a teacher who let out her farmhouse to students, was convicted under section 5(b) of the Dangerous Drugs Act 1965 after tenants smoked cannabis without her knowledge. The House of Lords held that mens rea was required, quashed her conviction, and reaffirmed the strong presumption against strict liability...
December 11, 2025
Members of the Committee of 100 planned to occupy and immobilise RAF Wethersfield, a prohibited place, to protest nuclear weapons. Convicted under the Official Secrets Act 1911, they argued their aim benefited the State. The House of Lords held that obstructing defence facilities was a prejudicial purpose and upheld the...
December 11, 2025
Mr Hughes, uninsured and without a full licence but driving faultlessly, was involved in a fatal collision entirely caused by another driver’s dangerous, drug‑impaired driving. The Supreme Court held that section 3ZB requires some culpable element in the defendant’s driving which contributes to the death. Facts On a Sunday afternoon...
December 10, 2025
Police forced entry into Mr Robinson-Pierre’s home, releasing his pit bull which attacked officers in the street. Convicted under the Dangerous Dogs Act 1991, he appealed. The Court of Appeal held section 3(1) creates strict but not absolute liability, requiring some causal act or omission by the owner, and quashed...
October 5, 2025
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...
September 30, 2025
Mr Mirvahedy was seriously injured when his car collided with a horse that had escaped from the Henleys' field after being frightened and stampeding through fences. Despite no negligence by the horse owners, the House of Lords held they were strictly liable under section 2(2) of the Animals Act 1971...
September 22, 2025
A milk tanker driver suffered frostbite when water entered his steel-capped boot through a tiny hole while digging his lorry out of snow. The House of Lords held (3-2) that the employer's duty to maintain personal protective equipment in good repair under the 1992 Regulations was limited to maintaining its...
September 4, 2025
The Information Commissioner appealed against the cumulative approach to assessing qualified exemptions under the Freedom of Information Act 2000. The Supreme Court held that where multiple qualified exemptions apply to requested information, public interest factors against disclosure may be aggregated rather than assessed independently for each exemption. Facts In November...
September 4, 2025
Uber sought a declaration that the Local Government (Miscellaneous Provisions) Act 1976 requires private hire vehicle operators to accept bookings only by entering into hire contracts as principal. The Supreme Court rejected this, holding that section 56(1) is a deeming provision allowing operators to use agency or intermediary models while...
April 2, 2026
National Case Law Archive
April 2, 2026
National Case Law Archive
April 2, 2026
National Case Law Archive