Dolphin Drilling Ltd leased a tender support vessel (Borgsten) from a connected party to provide drilling support services and accommodation to offshore workers. HMRC applied a hire cap restricting tax deductions for the lease payments. The Supreme Court held that providing accommodation was an independent use, not incidental to other...
Landowners sought a declaration that section 10(1) of the Dartmoor Commons Act 1985 does not grant the public a right to camp on Dartmoor Commons. The Supreme Court held that 'open-air recreation' includes wild camping, and the words 'on foot and on horseback' describe the means of access, not a...
The respondent was convicted of murder on retrial after the Court of Appeal quashed his original conviction. However, he was never arraigned on the fresh indictment as required by section 8(1) of the Criminal Appeal Act 1968. The Supreme Court held that failure to comply with procedural requirements in section...
A homeless family with a son with autism was provided four-bedroom interim accommodation by Glasgow City Council, despite an assessment recommending five bedrooms for permanent housing. The Supreme Court held that the interim duty only requires local authorities to 'take into account' household needs, not to meet all needs. The...
For Women Scotland challenged Scottish Government guidance on the Gender Representation on Public Boards Act 2018. The Supreme Court held that 'sex' in the Equality Act 2010 means biological sex only, not certificated sex obtained through a Gender Recognition Certificate. Trans women with GRCs are therefore not 'women' for EA...
The Secretary of State deprived E3 and N3 of British citizenship on national security grounds, claiming they retained Bangladeshi citizenship. After SIAC determined they would be rendered stateless (contrary to section 40(4) of the British Nationality Act 1981), the Supreme Court held that while deprivation orders remained valid for immigration...
The Bank sought to enforce Abu Dhabi judgments against Mr El-Husseini by claiming under section 423 of the Insolvency Act 1986 that he arranged for a company he owned to transfer valuable London property to his son for no consideration. The Supreme Court held that section 423 does not require...
The Ridleys sought registration of disputed land adjacent to their property based on adverse possession. The key issue was whether reasonable belief of ownership must persist until the application date or merely for ten years within the adverse possession period. The Supreme Court held the latter construction applies, restoring the...
Nestlé offered gramophone records for 1s 6d plus three chocolate bar wrappers. The copyright owners argued this arrangement meant there was no ordinary retail selling price for calculating royalties under the Copyright Act 1956. The House of Lords held the wrappers formed part of the consideration, not merely a qualifying...
Facts Barclays Bank Plc (the Bank) employed Fairclough Building Ltd (Fairclough) under a contract to clean and repair the asbestos roofs of two housing estates. Fairclough sub-contracted the work to another specialist firm. The work was performed defectively, leading to significant asbestos contamination of the properties. The Bank was forced...