List of United Kingdom Supreme Court cases
 | This article may be too long to read and navigate comfortably. (April 2023) |
This is a list of judgments given by the Supreme Court of the United Kingdom between the court's inception on 1 October 2009 and the most recent judgments. Cases are listed in order of their neutral citation and where possible a link to the official text of the decision in PDF format has been provided.
Unless otherwise noted, cases were heard by a panel of 5 judges.
Cases involving Scots law are highlighted in orange. Cases involving Northern Irish law are highlighted in green.
2009 judgments[edit]
2010 judgments[edit]
2011 judgments[edit]
2012 judgments[edit]
2013 judgments[edit]
2014 judgments[edit]
2015 judgments[edit]
2016 judgments[edit]
2017 judgments[edit]
| Case name | Citation | Date | Legal subject | Summary of decision |
|---|---|---|---|---|
| Rahmatullah (No 2) v Ministry of Defence | [2017] UKSC 1 | 17 January | Crown Proceedings Act 1947 | |
| Abd Ali Hameed Al-Waheed v Ministry of Defence | [2017] UKSC 2 | 17 January | Constitutional law | Detention |
| Belhaj v Straw | [2017] UKSC 3 | 17 January | International law | Act of state doctrine |
| FirstGroup Plc v Paulley | [2017] UKSC 4 | 18 January | Discrimination law | A bus company's duty to provide wheelchair space under the Equality Act 2010. |
| R (Miller) v Secretary of State for Exiting the European Union | [2017] UKSC 5 | 24 January | Constitutional law | An Act of Parliament, not the Royal Prerogative, was required to send notification under TEU article 50 to negotiate leaving the EU because this would withdraw rights under Acts of Parliament. Decided by 11 judges. |
| Akers v Samba Financial Group | [2017] UKSC 6 | 1 February | Conflict of laws | Extinguishing of an equitable interest by transferring legal title to a bona fide purchase for value was not a "disposition" of that equitable interest for the purposes of avoidance under the Insolvency Act 1986. |
| DB v Chief Constable of Police Service of Northern Ireland | [2017] UKSC 7 | 1 February | Constitutional law | Bans on processions in Northern Ireland and ECHR article 11. |
| Re Brewster | [2017] UKSC 8 | 8 February | ||
| R (Hicks) v Commissioner of Police for the Metropolis | [2017] UKSC 9 | 15 February | Constitutional law | |
| R (MM (Lebanon)) v Secretary of State | [2017] UKSC 10 | 22 February | ||
| R (Agyarko and Ikuga) v Secretary of State for the Home Department | [2017] UKSC 11 | 22 February | ||
| Homes and Communities Agency v JS Bloor (Wilmslow) Ltd | [2017] UKSC 12 | 22 February | ||
| AMT Futures Ltd v Marzillier | [2017] UKSC 13 | 1 March | ||
| Newbigin (Valuation Officer) v SJ & J Monk | [2017] UKSC 14 | 1 March | ||
| EV (A Child), Re (Scotland) | [2017] UKSC 15 | 1 March | ||
| IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation | [2017] UKSC 16 | 1 March | ||
| Ilott v The Blue Cross | [2017] UKSC 17 | 15 March | ||
| AIG Europe Ltd v Woodman | [2017] UKSC 18 | 22 March | ||
| Financial Conduct Authority v Macris | [2017] UKSC 19 | 22 March | ||
| Gordon v Scottish Criminal Cases Review Commission (Scotland) | [2017] UKSC 20 | 22 March | ||
| BPE Solicitors v Hughes-Holland | [2017] UKSC 21 | 22 March | ||
| N v ACCG | [2017] UKSC 22 | 22 March | ||
| Plevin v Paragon Personal Finance Ltd | [2017] UKSC 23 | 29 March | ||
| Wood v Capita Insurance Services Ltd | [2017] UKSC 24 | 29 March | ||
| AB v Her Majesty's Advocate | [2017] UKSC 25 | 5 April | ||
| Volkswagen Financial Services (UK) Ltd v Revenue and Customs | [2017] UKSC 26 | 5 April | ||
| Essop v Home Office (UK Border Agency) | [2017] UKSC 27 | 5 April | Labour law | A skills test was indirect discrimination, and claimants need not prove why if there is in fact a disparate impact. |
| Isle of Wight Council v Platt | [2017] UKSC 28 | 6 April | ||
| Revenue and Customs v The Investment Trust Companies | [2017] UKSC 29 | 11 April | ||
| SXH v The Crown Prosecution Service | [2017] UKSC 30 | 11 April | ||
| McCann v The State Hospitals Board for Scotland | [2017] UKSC 31 | 11 April | ||
| Lowick Rose LLP v Swynson Ltd | [2017] UKSC 32 | 11 April | ||
| Times Newspapers Ltd v Flood | [2017] UKSC 33 | 11 April | ||
| Nuclear Decommissioning Authority v EnergySolutions EU Ltd | [2017] UKSC 34 | 11 April | ||
| Gard Marine and Energy Ltd v China National Chartering Company Ltd | [2017] UKSC 35 | 10 May | ||
| Poshteh v Royal Borough of Kensington and Chelsea | [2017] UKSC 36 | 10 May | ||
| Suffolk Coastal District Council v Hopkins Homes Ltd | [2017] UKSC 37 | 10 May | ||
| LB Holdings Intermediate 2 Ltd v Lehman Brothers International (Europe) | [2017] UKSC 38 | 17 May | Insolvency law | |
| Hartley v King Edward VI College | [2017] UKSC 39 | 24 May | Labour law | Wage deductions from striking teachers were unlawful by exceeding the proportion of time on strike. |
| R (Coll) v Secretary of State for Justice | [2017] UKSC 40 | 24 May | ||
| R (A and B) v Secretary of State for Health | [2017] UKSC 41 | 14 June | ||
| R (Kiarie and Byndloss) v Secretary of State for the Home Department | [2017] UKSC 42 | 14 June | ||
| Globalia Business Travel SAU of Spain v Fulton Shipping Inc of Panama | [2017] UKSC 43 | 28 June | ||
| Lord Advocate v Dean | [2017] UKSC 44 | 28 June | ||
| RFC 2012 Plc v Advocate General for Scotland | [2017] UKSC 45 | 5 July | ||
| O'Brien v Ministry of Justice | [2017] UKSC 46 | 12 July | ||
| Walker v Innospec Ltd | [2017] UKSC 47 | 12 July | ||
| Eli Lilly v Actavis UK Ltd | [2017] UKSC 48 | 12 July | ||
| PNM v Times Newspapers Ltd & | [2017] UKSC 49 | 19 July | ||
| R (Hemming (t/a Simply Pleasure)) v Westminster City Council | [2017] UKSC 50 | 19 July | ||
| R (UNISON) v Lord Chancellor | [2017] UKSC 51 | 26 July | Constitutional law, Labour law | The Lord Chancellor's Order imposing £1200 fees to bring Employment Tribunal claims violated the rule of law. |
| McDonald v Newton or McDonald | [2017] UKSC 52 | 26 July | ||
| Birch v Birch | [2017] UKSC 53 | 26 July | ||
| Sadovska v Secretary of State for the Home Department | [2017] UKSC 54 | 26 July | ||
| BPP Holdings Ltd v Revenue and Customs | [2017] UKSC 55 | 26 July | ||
| R (Forge Care Homes Ltd) v Cardiff and Vale University Health Board | [2017] UKSC 56 | 2 August | ||
| Goldtrail Travel Ltd v Onur Air Tasimacilik AS | [2017] UKSC 57 | 2 August | ||
| R v M | [2017] UKSC 58 | 3 August | ||
| MT Hojgaard AS v EON Climate and Renewables UK Robin Rigg East Ltd | [2017] UKSC 59 | 3 August | ||
| Armes v Nottinghamshire County Council | [2017] UKSC 60 | 18 October | ||
| Reyes v Al-Malki | [2017] UKSC 61 | 18 October | ||
| Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs | [2017] UKSC 62 | 18 October | Labour law, International law | There was no state immunity for breach of employment rights. |
| Re Loughlin | [2017] UKSC 63 | 18 October | ||
| Taurus Petroleum Limited v State Oil Marketing Company of the Ministry of Oil, Republic of Iraq | [2017] UKSC 64 | 25 October | ||
| P v Commissioner of Police of the Metropolis | [2017] UKSC 65 | 25 October | ||
| Aberdeen City and Shire Strategic Development Planning Authority v Elsick Development Company Limited | [2017] UKSC 66 | 25 October | ||
| Ivey v Genting Casinos (UK) Ltd | [2017] UKSC 67 | 25 October | Criminal law | The test for fraud is objective. |
| Mitsui & Co Ltd v Beteiligungsgesellschaft LPG Tankerflotte MBH & Co KG | [2017] UKSC 68 | 25 October | ||
| Brown v The Parole Board for Scotland | [2017] UKSC 69 | 1 November | Article 5 of the European Convention on Human Rights, Human Rights Act 1998 | The duty to afford prisoners a real opportunity for rehabilitation extends beyond those subject to life sentences and includes prisoners serving the extended part of an extended sentence.[12] |
| Littlewoods Ltd v Commissioners for Her Majesty's Revenue and Customs | [2017] UKSC 70 | 1 November | Tax Law | Littlewoods were not entitled on common law grounds to receive compound interest from HMRC on overpaid VAT. The terms of the Value Added Tax Act 1994 exclude common law restitution claims and compound interest and these provisions were not contrary to EU law.[13] |
| Michalak v General Medical Council | [2017] UKSC 71 | 1 November | Judicial Review, Equality Act 2010 | A judicial review of conduct relating to a decision by the General Medical Council does not constitute 'proceedings in the nature of appeal' but is instead 'proceedings in which the legality of any decision, to the procedure by which it is reached, is challenge'. As a result, claimants complaining of unlawful discrimination by a qualification body can take the complaint to the Employment Tribunal in all cases unless there is a specific alternative right of appeal.[14] |
| R (C) v Secretary of State for Work and Pensions | [2017] UKSC 72 | 1 November | Gender Inequality, Gender Recognition Act 2004, Human Rights Act 1998, Equality Act 2010 | Policies in the administration the welfare benefits system which retained the birth gender of a person within a person's records were not unlawful in their application to people of reassigned gender.[15] |
| R (HC) v Secretary of State for Work and Pensions | [2017] UKSC 73 | 15 November | Immigration Law | Regulations introduced to exclude persons from eligibility to social security benefits who qualified to reside in the UK solely as a result of the ruling in Ruiz Zambrano v Office national de l'emploi were not incompatible with the EU Charter of Fundamental Rights or Article 14 of the European Convention on Human Rights.[16] |
| R (De Silva) v HM Revenue and Customs | [2017] UKSC 74 | 15 November | Tax Law, Taxes Management Act 1970 | Enquiries made by HMRC into elections made by members of a film partnership, in respect of the utilisation of losses made by that partnership, were valid where the enquiry was made into the partnership return rather than specifically into the claims made by the individuals.[17] |
| Gordon v Campbell Riddell Breeze Paterson LLP | [2017] UKSC 75 | 15 November | Professional negligence, Prescription and Limitation (Scotland) Act 1973 | The five year time limits in the Prescription and Limitation (Scotland) Act 1973 meant that a claim involving a professional negligence action against a firm of solicitors could only be made for up to five years from the date on which the client incurred the loss, even if the party did not know that they will have a claim during that period.[18] |
| Scotch Whisky Association & Ors v The Lord Advocate | [2017] UKSC 76 | 15 November | The Alcohol (Minimum Pricing) (Scotland) Act 2012, Treaty on the Functioning of the European Union | The Scottish government minimum pricing legislation on alcohol was legal and did not conflict with the requirements for 'open and un-distorted competition' guaranteed by the EU free movement principles.[19] |
| Tiuta International Ltd (in liquidation) v De Villiers Surveyors Ltd | [2017] UKSC 77 | 29 November | Professional negligence in English law | Where a lender had made a loan to a property developer based on a valuation from a property surveyor which replaced an existing loan made by the same lender, which was based on a previous valuation (for which not claim for negligence was made), then the loss to the lender arising from the second valuation was limited to the additional monies lent under the second loan rather than the whole of the value of the second loan.[20] |
| O'Connor v Bar Standards Board | [2017] UKSC 78 | 6 December | Human Rights Human Rights Act 1998 | A barrister who had been charged by the Bar Standards Board for professional misconduct and who had challenged the charge as being a breach of rights under the European Convention on Human Rights was not out of time to make such a challenge. The 12 month time period for making such a claim where there was a continuous course of conduct could start from the end of that continuous period.[21] |
| Dover District Council v CPRE Kent | [2017] UKSC 79 | 6 December | Planning permission in the United Kingdom, The Town and Country Planning Act 1990 | Where a local planning authority had granted permission against the advice of its own professional advisers it had a common law duty to provide reasons for the decision. Such a duty also existed in statute under the Town and County Planning (Environmental Impact Assessment) Regulations 2011.[22] |
| Four Seasons Holdings Incorporated v Brownlie | [2017] UKSC 80 | 19 December | Tort law | The term "damange" should be given its ordinary and natural meaning in considering whether the civil procedure rules allow for proceedings to be brought in the English courts where 'damage was, or will be sustained, within the jurisdiction'. Therefore, an indirect loss suffered in England as a result of a tort committed abroad may be sufficient to establish the English court's jurisdiction to hear the claim.[23] |
| R (Black) v Secretary of State for Justice | [2017] UKSC 81 | 19 December | Smoking ban in England | The Crown, in respect of the operations of Her Majesty's Prison Service is not bound by the provisions of the smoking ban in England as express provision to bind the Crown as not made in the Health Act 2006.[24] |
| R (Hysaj) v Secretary of State for the Home Department | [2017] UKSC 82 | 21 December | British nationality law, British Nationality Act 1981 | Misrepresentations made in applications for citizenship render the applicant to be liable to be deprived of citizenship. However, the concept of nullity only applies where a person applies for citizenship by impersonating another real person and does not apply in other cases were a person adopted a false identity. Persons note impersonating another real person will therefore be entitled to the full appeals process.[25][26] |
2018 judgments[edit]
| Case name | Citation | Date | Legal subject | Summary of decision |
|---|---|---|---|---|
| R (Haralambous) v Crown Court at St Albans | [2018] UKSC 1 | 24 January | Constitutional law, Search and seizure | Closed material procedures could be used in a judicial review of a Crown Court decision and there was no minimum core of material that the government was required to disclose to the other party where such procedures were used.[27] |
| R (Gibson) v Secretary of State for Justice | [2018] UKSC 2 | 24 January | Criminal Law, Magistrates' Courts Act 1980 | The calculation of days to be taken of a prison term in respect of payments made towards a fine should be calculated by reference to the original confiscation order and should not include any interest that had accrued on the amount due.[28] |
| R (Bancoult No 3) v Secretary of State for Foreign and Commonwealth Affairs | [2018] UKSC 3 | 8 February | Constitutional law | The establishment of a Marine Protected Area around the Chagos Islands was not unlawful. The decision made by David Miliband was made in his capacity as an MP and the Carltona Principle could not be invoked to impute an improper motive on civil servants.[29] |
| Robinson v Chief Constable of West Yorkshire Police | [2018] UKSC 4 | 8 February | Tort law, Duty of care in English law | An elderly lady who was knocked to the ground during the attempted arrest of a drug dealer by police officers was owed a duty of care by the police officers involved.[30] |
| B (Algeria) v Secretary of State for the Home Department | [2018] UKSC 5 | 8 February | Immigration law | The power to grant bail and impose bail conditions in respect of a person who is held pending deportation ceases to be lawful if there is no legal basis for detaining that person.[31] |
| The Advocate General for Scotland v Romein | [2018] UKSC 6 | 8 February | Immigration law, British nationality law | Individuals born outside of the UK to British mothers between 1949 and 1983 can apply to be registered as British citizens, irrespective of whether their birth was registered at a British consulate.[32] |
| HM Inspector of Health and Safety v Chevron North Sea Limited | [2018] UKSC 7 | 8 February | Labour law, Health and Safety at Work etc Act 1974 | A prohibition notice given under section 22 of the Health and Safety at Work Act 1974 given in respect of corrosion to the stairways of a North Sea oil installation was capable of being appealed. In making the appeal the employer was able to take into account expert evidence produced after the date of the inspection.[33] |
| In the matter of C (Children) | [2018] UKSC 8 | 14 February | Family law, Hague Convention on the Civil Aspects of International Child Abduction | Where a child has become habitually resident in England the a mandatory return to Australia could not be invoked under the Hague Convention on the Civil Aspects of International Child Abduction. Where a parent travels temporarily to another state then, should they decide not to return during the temporary period, this may amount of a 'repudiatory retention' for which the courts could order the return of the child.[34] |
| SM (Algeria) v Entry Clearance Officer, UK Visa Section | [2018] UKSC 9 | 14 February | Immigration law | The court held that the cases of Sala v SSHD and Khan v SSHD had been wrongly decided. These cases had previously determined that there was no right of appeal against the refusal of an EEA Residence Card for extended family member. A further three questions were referred to the Court of Justice of the European Union in respect of matters relating to the Citizens' Rights Directive.[35] |
| R (Mott) v Environment Agency | [2018] UKSC 10 | 14 February | Constitutional law, land law | The court confirmed that the Environment Agency had to pay compensation to Mott for restricting his fishing rights under ECHR Protocol 1, article 1, on the right to property . |
| Commissioner of Police of the Metropolis v DSD | [2018] UKSC 11 | 14 February | Tort law, Constitutional law | There was a positive obligation on police under ECHR article 3 to investigate women's allegations of rape against cab driver, John Worboys . |
| Barton v Wright Hassall LLP | [2018] UKSC 12 | 21 February | Civil Procedure Rules | By a majority decision, the court confirmed that litigants in person should not be granted a special status in civil litigation where they were seeking relief from sanctions for breaching the Civil Procedure Rules.[36] |
| Steel v NRAM Ltd (formerly NRAM Plc) | [2018] UKSC 13 | 28 February | Tort law | Following Hedley Byrne and Caparo it was not reasonable to rely on a statement about a floating charge . |
| Burnden Holdings (UK) Ltd v Fielding | [2018] UKSC 14 | 28 February | Trust law, Limitation Act 1980 | For the purpose of the Limitation Act 1980 the directors of a company are to be regarded as trustees of company property with the company being regarded as the beneficiary of the trust. Where a distribution in specie was made by the directors acting in this capacity, no period of limitation would apply to a claim brought against the directors.[37] |
| Iceland Foods Ltd v Berry (Valuation Officer) | [2018] UKSC 15 | 7 March | Tax law | A supermarket's air handling system was not subject to rates under the Local Government Finance Act 1988 . |
| Reilly v Sandwell Metropolitan Borough Council | [2018] UKSC 16 | 14 March | Labour law | A headteacher was fairly dismissed for failing to disclose a relationship with a child sex offender . |
| Re Maguire | [2018] UKSC 17 | 21 March | Constitutional law | A criminal defendant was not entitled to be represented by a barrister under ECHR article 6 in a second trial when the barrister was being disciplined by the NI Bar Council . |
| Dryden v Johnson Matthey plc | [2018] UKSC 18 | 21 March | Tort law | Claimants who were exposed to chlorinated platinum salts, and had a heightened risk of allergy, had suffered an actionable personal injury . |
| JSC BTA Bank v Khrapunov | [2018] UKSC 19 | 21 March | Tort law | The tort of conspiracy would be committed by attempts to evade a freezing order . |
| Morris-Garner v One Step (Support) Ltd | [2018] UKSC 20 | 18 April | Contract law | Damages for breach of a restrictive covenant should be measured by the economic value of the right that is breached . |
| Gavin Edmondson Solicitors Ltd v Haven Insurance Company Ltd | [2018] UKSC 21 | 18 April | Equitable Lien | A court only has the power to intervene to enforce a solicitors expectation of payment where the solicitor had an enforceable claim for costs against his client and the usual method of enforcement of that claim (a solicitor's lien) was defeated by direct payment. Where such circumstances were met and payments were made directly from an insurer to a claimant, the insurer was required to pay the costs that would otherwise have been due to the solicitor.[38] |
| Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood | [2018] UKSC 22 | 25 April 2018 | Labour law | The notice of dismissal was only effective when an employee actually read a letter . |
| R v McCool, R v Harkin | [2018] UKSC 23 | 2 May | criminal law, Proceeds of Crime Act 2002 | By a majority verdict, the court held that a confiscation order could not be made under the Proceeds of Crime Act 2002 in respect of offences which were committed prior to 24 March 2003. However, such orders could be made in respect of offences occurring after 24 March 2003 even where such offences were associated with other offences occurring before that date.[39] |
| Rock Advertising Ltd v MWB Business Exchange Centres Ltd | [2018] UKSC 24 | 16 May | Contract law | An "entire agreement" clause was binding on a business, so its eviction for rent arrears was lawful despite an alleged oral agreement that it could renegotiate. |
| R (Gallaher Group Ltd) v Competition and Markets Authority | [2018] UKSC 25 | 16 May | Constitutional law | The Office of Fair Trading (now CMA) did not act unlawfully by treating different businesses differently in fulfilling its Competition Act 1998 duties. |
| Navigators Insurance Company Ltd v Atlasnavios-Navegacao LDA | [2018] UKSC 26 | 22 May | Commercial law, insurance law | A vessel that was confiscated following an inspection in Venezuela which found cocaine strapped to the vessel's hull did not give the owner the right to claim as a war loss under their war risk insurance. The loss arose from the infringement of customs regulations which was a risk that was expressly excluded from the insurance policy.[40] |
| Human Rights Commission for Judicial Review (Northern Ireland : Abortion) | [2018] UKSC 27 | 7 June | Abortion in the United Kingdom, European Convention on Human Rights, Offences Against the Person Act 1861, Criminal Justice Act (Northern Ireland) 1945 | The Northern Ireland Human Rights Commission did not have standing to bring proceedings in respect of whether provisions of the Offences against the Person Act 1861 and Criminal Justice Act (Northern Ireland) 1945 which made it a criminal offence to receive or perform an abortion in Northern Ireland (other than in very limited exceptions) were unlawful as a specific victim had not been identified. Despite the court having no standing to give judgement, a review of the law was recommended.[41] |
| Cartier International AG v British Telecommunications Plc | [2018] UKSC 28 | 13 June | Intellectual property, Copyright, Designs and Patents Act 1988, | An internet service provider that incurs compliance costs tied to website blocking injunctions granted against trademark infringing websites is entitled to be indemnified by the trademark holder against certain costs of implementing and maintaining the blocking order.[42] |
| Pimlico Plumbers Ltd v Smith | [2018] UKSC 29 | 13 June | Labour law | A plumber for a firm was a "worker" and entitled to the minimum wage and paid holidays despite a written contract asserting he was "self-employed". |
| Project Blue Ltd v Revenue and Customs | [2018] UKSC 30 | 13 June | Tax law, Finance Act 2003 | The anti-avoidance provisions of the Finance Act 2003 prevented claim for sub-sale relief in respect of Stamp Duty Land Tax from being effective where the transaction was part of a Ijarah financing arrangement and 'alternative property finance relief' had been claimed by the counter party to the transaction.[43] |
| JP Whitter (Water Well Engineers) Ltd v Revenue and Customs | [2018] UKSC 31 | 13 June | Constitutional law, Tax Law | HMRC is not required to take into account the consequences to a tax payer when revoking gross payment status in the Construction Industry Scheme under the Finance Act 2004. In particular revoking gross payment status is not incompatible with Article 1 of the European Convention on Human Rights.[44] |
| R (Steinfeld and Keidan) v Secretary of State for International Development | [2018] UKSC 32 | 27 June | Constitutional law, ECHR article 8, ECHR article 14 | The provisions of the Civil Partnership Act which only allowed for a civil partnership to be between two persons of the same sex was unlawful as the prohibition of different-sex couples was a breach of Article 14 of the European Convention on Human Rights (prohibition of discrimination) and Article 8 of the European Convention on Human Rights (the right to a private and family life).[45] |
| Belhaj v Director of Public Prosecutions | [2018] UKSC 33 | 4 July | Criminal law, Justice and Security Act 2013 | A judicial review of a prosecution amounted to criminal proceedings and therefore a closed material procedure (by which the material is disclosed to the court and a special advocate but not the appellants) could not be used as matter was not a civil procedure for which closed material procedures were specifically provided for under the Justice and Security Act 2013.[46] |
| Goldman Sachs International v Novo Banco SA, Guardians of New Zealand Superannuation Fund and others v Novo Banco SA | [2018] UKSC 34 | 4 July | Insolvency law, European Bank Recovery and Resolution Directive | A loan of $835m made to Banco Espirito Santo in July 2014 was not transferred to Novo Banco following the failure of the former bank. Whilst the loan was governed by English law the banking reorganization was a matter of Portuguese law and the court was bound to recognize the effect of a decision under Portuguese banking law.[47] |
| Revenue and Customs v Taylor Clark Leisure Plc | [2018] UKSC 35 | 11 July | Tax law, Value Added Tax | A company was not entitled to the repayment of VAT resulting form a successful reclaim for overpaid VAT from a former member of its VAT group. Instead where VAT had been overpaid by the representative member of the VAT group then only the representative member (or its agent) could make a claim for repayment.[48] |
| R v Sally Lane and John Letts | [2018] UKSC 36 | 11 July | Terrorism financing Terrorism Act 2000 | A couple charged with funding terrorism could be guilty of an offence under section 17 of the Terrorism Act 2000 even if they did not actually suspect that their money would be used for terrorist purposes. The test was whether a reasonable person would have "reasonable cause to suspect" the money would be used for such purposes.[49] |
| Williams v London Borough of Hackney | [2018] UKSC 37 | 18 July | Children Act 1989, Article 8 of the European Convention on Human Rights | Section 20 of the Children Act 1989 (which allows a local authority to accommodate a child in need who requires accommodation) does not give local authorities any compulsory powers over parents or their children but the accommodation of children under this section may be lawful until such time as the parents make an unequivocal request for the children to be returned.[50] |
| Mills v Mills | [2018] UKSC 38 | 18 July | Family law | Maintenance payments due from one former spouse to the other should not be increased where the cost of living of the spouse in receipt of the payments had increased due to a requirement to rents, which arose as a result of financial mismanagement of a lump sum that had previously been paid, which could have been used to acquire a property.[51] |
| Prudential Assurance Company Ltd v Revenue and Customs | [2018] UKSC 39 | 25 July | Tax law, Advance Corporation Tax, Income and Corporation Taxes Act 1988 | A credit for underlying foreign tax on portfolio dividends should be calculated by reference to the nominal tax rate of the foreign jurisdiction rather than the tax which was actually paid. Compound interest was not due from HMRC to the taxpayer in respect of tax levied in breach of EU law.[52] |
| James-Bowen & Ors v Commissioner of Police of the Metropolis | [2018] UKSC 40 | 25 July | Negligence | The Commissioner of Police of the Metropolis did not owe a duty of care to officers in respect of safeguarding their economic and reputational interest where the Commissioner issue a public apology and was involved in litigation involving a previous arrest made by those officers.[53] |
| Owens v Owens | [2018] UKSC 41 | 25 July | Family law, Matrimonial Causes Act 1973 | Mrs Owens had failed to show that Mr Owns behavior had been sufficiently unreasonable for their marriage to have broken down irretrievably. In the absence of no-fault divorce law in England and Wales the court was therefore not able to grant a divorce to Mrs Owens.[54] |
| R v Mackinlay | [2018] UKSC 42 | 25 July | Campaign finance, Representation of the People Act 1983 | In a pre-trial appeal it was confirmed that property, goods, services or facilities transferred to or provided for the use or benefit of a candidate free of charge or at a discount were not required to be authorised by the candidate in order to be treated as election expenses.[55] |
| Banca Nazionale del Lavoro SPA v Playboy Club London Ltd | [2018] UKSC 43 | 26 July | Tort law | BNL owed no duty of care to the Playboy Club when BNL gave a reference of creditworthiness to an associated company about a customer who subsequently gambled and lost large amounts of money . |
| Totel Ltd v Revenue and Customs | [2018] UKSC 44 | 26 July | Tax law | It did not breach the EU law principle of equivalence to require companies pay their VAT before appealing against an assessment for it, even the same rule does not occur for other UK taxes . |
| R (Bashir) v Secretary of State for the Home Department | [2018] UKSC 45 | 30 July | Immigration law, United Nations Convention Relating to the Status of Refugees, Cyprus Act 1960 | In an interim judgement it was confirmed that the United Nations Convention Relating to the Status of Refugees applied to the Sovereign Base Areas of Akrotiri and Dhekelia but did not entitle the respondents to be resettled in the UK. Other matters related to the case were left to be decided in future judgements.[56] |
| An NHS Trust v Y | [2018] UKSC 46 | 30 July | Constitutional law | It was not necessary to have a court order before withdrawing medical life support, unless there are conflicts of medical or family opinion . |
| R (AR) v Chief Constable of Greater Manchester Police | [2018] UKSC 47 | 30 July | Human Rights, Human Rights Act 1998, European Convention on Human Rights | The requirement to protect young and vulnerable people outweighed an individual's right to privacy under Article 8 of the European Convention on Human Rights in respect of the ability for a potential employer to obtain an Enhanced Criminal Record Check from the Disclosure and Barring Service and refuse employment as a result of information disclosed in such a check.[57] |
| Re McLaughlin | [2018] UKSC 48 | 30 August | Constitutional law | The requirement to be married or a civil partner, as opposed to cohabiting, to get benefits when a partner dies was incompatible with ECHR article 14. |
| Lee v Ashers Baking Company Ltd and others | [2018] UKSC 49 | 10 October | Constitutional law | There was no right to require a baker to write a pro-gay marriage message on a cake, under ECHR article 9 and 10, when the bakers' personal religious views opposed this . |
| Darnley v Croydon Health Services NHS Trust | [2018] UKSC 50 | 10 October | Tort law | The NHS trust breached a duty of care by failing to see a patient promptly at A&E and properly advising on waiting times . |
| Nottingham City Council v Parr | [2018] UKSC 51 | 10 October | Land law, Housing Act 2004 | The Housing Act 2004 allowed for a licence of a house in multiple occupation to limit occupation to a particular class of person (in this case students in full-time education).[58] |
| Warner v Scapa Flow Charters | [2018] UKSC 52 | 17 October | Commercial law, Limitation Periods | The Prescription and Limitation (Scotland) Act 1973 had the effect of suspending the limitation period under the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea. As such, individuals perusing claims in Scotland could have three years to make a claim rather than the two years stated in the Athens Convention.[59] |
| KO (Nigeria) v Secretary of State for the Home Department, IT (Jamaica) v Secretary of State for the Home Department, NS (Sri Lanka) and others v Secretary of State for the Home Department, Pereira (Appellant) v Secretary of State for the Home Department (Respondent) | [2018] UKSC 53 | 24 October | Immigration law, Nationality, Immigration and Asylum Act 2002 | Misconduct by parents of a child should not form part of the assessment in determining whether a child should be removed from the UK under immigration law. Such misconduct should also not form part of the assessment as to whether Article 8 of the European Convention on Human Rights requires that the parent remain in the UK with the child.[60] |
| Dooneen Ltd (t/a McGinness Associates) v Mond | [2018] UKSC 54 | 31 October | Trust law, Bankruptcy (Scotland) Act 1985 | A payment protection insurance claim discovered after a former trustee has made a final dividend will re-vest in the debtor and the termination of the trust has the effect of discharging the debtor and re-investing in the debtor with the trust beneficiaries.[61] |
| Barnardo's v Buckinghamshire | [2018] UKSC 55 | 7 November | Pensions, Trust Law | The trustees of a pension scheme for the benefit of staff of Barnardo's were not entitled to replace the Retail Price Index with the Consumer Price Index in calculating increases in pension payments. The specific wording of the pension scheme rules prevented such a change from being made.[62] |
| Warner-Lambert Company LLC v Generics (UK) Ltd | [2018] UKSC 56 | 14 November | Patent Law, Patents Act 1977, European Patent Convention | Patents registered by Warner–Lambert did not meeting the appropriate test for plausibility and where therefore invalid for insufficiency but gave conflicting opinions on a number of other matters of patent law.[63] |
| Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd | [2018] UKSC 57 | 14 November | Property Law, Easement | Comprehensive rights granted to timeshare owners to use any enjoy sporting facilities (including indoor areas) in an adjacent leisure park satisfied the characteristics of easements and could be enforced by the timeshare owners.[64] |
| Rhuppiah v Secretary of State for the Home Department | [2018] UKSC 58 | 14 November | Immigration law, Article 8 of the European Convention on Human Rights, Human Rights Act 1998, Nationality, Immigration and Asylum Act 2002 | Anyone who, not being a UK citizen, has the right to reside in the UK but does not have the right to do so indefinitely, has a precarious status for the purpose of section 117B of the Nationality, Immigration and Asylum Act 2002.[65] |
| R (on the application of Stott) v Secretary of State for Justice | [2018] UKSC 59 | 28 November | Criminal Justice Act 2003, Article 14 of the European Convention on Human Rights | The extended determinate sentences scheme does not breach Article 14 of the European Convention on Human Rights, read with Article 5. The differing treatment of EDS prisoners in relation to early release is within the scope of Article 14 on the grounds of "other status".[66] |
| Secretary of State for Justice v MM | [2018] UKSC 60 | 28 November | Mental Health Act 1983, Article 5 of the European Convention on Human Rights | Where a person is hospitalised on mental health grounds, neither the Secretary of State nor the Mental Health Tribunal are able to impost conditions on discharge which would amount to a deprivation of the patient's liberty.[67] |
| Volcafe Ltd v Compania Sud Americana De Vapores SA | [2018] UK SC 61 | 5 December | Shipping Law, Hague Rules | Where cargo was shipped in good condition by was discharged damaged the burden of proof was on the carrier to who that it did not beach it obligations under the Hague Rules to take reasonable care of the goods. Where negligence is to be considered then the burden of proof was on the cargo owner to show that the carrier was negligent.[68] |
| S Franses Limited v The Cavendish Hotel (London) Ltd | [2018] UKSC 62 | 5 December | Property Law, Landlord and Tenant Act 1954 | A landlord could not oppose the grant of a new tenancy under the provisions of the Landlord and Tenant Act 1954, which allow for new tenancies to be denied on redevelopment grounds, where the works that the landlord intended to carry out have no purpose other than to remove the tenant and would not be done had the tenant left voluntarily.[69] |
| London Borough of Southwark v Transport for London | [2018] UKSC 63 | 5 December | Property Law | Where roads had been transferred from individual London borough councils to the Greater London Authority under the GLA Roads and Side Roads (Transfer of Property etc) Order 2000, the effect of the order was to include the entire vertical plane (i.e. all the airspace above and the subsoil below the surface of the road).[70] |
| The UK Withdrawal From the European Union (Legal Continuity) (Scotland) Bill - A Reference by the Attorney General and the Advocate General for Scotland | [2018] UKSC 64 | 13 December | Brexit, Constitutional Law | A bill in the Scottish Parliament which had been drafted as an alternative to the EU Withdrawal Bill was (other than in section of one section) within the jurisdiction of the Scottish Parliament. However, subsequent legislation passes by the Parliament of the United Kingdom rendered a further 21 sections invalid.[71] |
| Williams v The Trustees of Swansea University Pension and Assurance Scheme | [2018] UKSC 65 | 17 December | Anti-discrimination law Equality Act 2010 | An individual with a disability has not suffered any unfavorable treatment where an enhancement to his pension was based on the individual's part-time salary at the time of retirement for ill-health rather than a full-time salary as, when considered overall, his pension terms were more favorable than those of an able bodied person.[72] |
| Welsh Ministers v PJ | [2018] UKSC 66 | 17 December | Mental Health Act 1983, Article 5 of the European Convention on Human Rights | Community Treatment Orders under the Mental Health Act 1983 cannot be imposed where effect of the order would have the effect of a deprivation of liberty contrary to article 5 of the European Convention on Human Rights.[73] |
| UKI (Kingsway) Limited v Westminster City Council | [2018] UKSC 67 | 17 December | Property Law, Business Rates, Local Government Finance Act 1988 | A "completion notice" issued by Westminster City Council which did not identify the property owner, which was left with owner's agents and was subsequently scanned and emailed to the property owner had been validly served. The Electronic Communications Act 2000 allowed for such noticed to be received by email.[74] |
2019 judgments[edit]
| Case name | Citation | Date | Legal subject | Summary of decision |
|---|---|---|---|---|
| Reference by the Attorney General for Northern Ireland of devolution issues to the Supreme Court pursuant to Paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 (No 2) | [2019] UKSC 1 | 14 January | Constitutional law, Devolution in the UK | |
| R (Hallam) v Secretary of State for Justice and R (Nealon) v Secretary of State for Justice | [2019] UKSC 2 | 30 January | Criminal law | Applicants were not entitled to compensation under section 133 of the Criminal Justice Act 1988 for criminal convictions which were subsequently quashed for being unsafe.[75] |
| R (P) v Secretary of State for the Home Department, R (P, G and W) v Secretary of State for the Home Department and Re Lorraine Gallagher for Judicial Review (Northern Ireland) | [2019] UKSC3 | 30 January | Labour Law, Human rights | Held that the requirement for spent minor criminal convictions to be disclosed to potential employers under the multiple convictions rules is incompatible with Article 8 ECHR[76] |
| Wells v Devani | [2019] UKSC 4 | 13 February | Contract Law, Estate Agents Act 1979 | A binding contract for the payment of commission had been made between an estate agent and property owner despite the absence of a written contract. Amount of commission reduced as a result of the estate agent breaching Estate Agents Act 1979 s 18 requiring certain terms to be explained to a vendor.[77] |
| Perry v Raleys Solicitors | [2019] UKSC 5 | 13 February | Tort law, Professional negligence | In considering whether professional negligence was the cause of a loss where the negligence consisted of a potential lost litigation opportunity it was necessary to consider, on the balance of the probabilities, where such litigation would have been undertaken if non-negligently advised and whether such litigation would have been successful.[78][79] |
| Cameron v Liverpool Victoria Insurance Co Ltd | [2019] UKSC 6 | 20 February | Tort law, insurance law, Road Traffic Act 1988 | The Court concluded that a person, who is not just anonymous but cannot be identified, cannot be sued under a pseudonym or description and as such an insurer cannot be held liable for a claim under Part VI of the Road Traffic Act 1988 where the driver of the vehicle involved in the accident cannot be identified.[80] |
| In the matter of an application by Geraldine Finucane for Judicial Review (Northern Ireland) | [2019] UKSC 7 | 27 February | Constitutional law, Public inquiry, Article 2 of the ECHR | It was lawful for the government to have refused to hold a public inquiry into the murder of human rights lawyer but the fact that an appropriate inquiry had not taken place breached Article 2 of the European Convention on Human Rights (the right to life).[81] |
| Konecny v District Court in Brno-Venkov, Czech Republic | [2019] UKSC 8 | 27 February | Human rights, European Arrest Warrant, Extradition Act 2003, Article 8 of the ECHR | The appeal of an individual against extradition under a European Arrest Warrant was dismissed on the basis that the individual was a convicted person despite having an unequivocal right to a retrial after surrender. The court also dismissed that the passage of time prevented extradition under Article 8 of the European Convention on Human Rights.[82] |
| In the matter of an application by Hugh Jordan for Judicial Review (Northern Ireland) | [2019] UKSC 9 | 6 March | Human rights, Human Rights Act 1998 Article 2 of the ECHR | The court allowed an appeal against a stay on the award of damages under the Human Rights Act 1998 s 8 for breach of Article 2 of the ECHR confirming that a claim for damages can run concurrently with an inquest.[83] |
| KV (Sri Lanka) v Secretary of State for the Home Department | [2019] UKSC 10 | 6 March | Immigration law, Right of asylum, Istanbul Protocol | An assessment by a medical expert which referred to the consistency of the clinical findings to the statements by the applicant were not beyond the remit of an expert and were in accordance with the Istanbul Protocol. When considering the likelihood that injuries are self inflicted by proxy (SIBP) rather than torture considerable weight should be given to the fact that such injuries which are SIBP are extremely rare.[84] |
| Robinson (formerly JR (Jamaica)) v Secretary of State for the Home Department | [2019] UKSC 11 | 13 March | Immigration Law, Nationality, Immigration and Asylum Act 2002 | A second human rights claim in an immigration case did automatically trigger a right of appeal once the rights to appeal on an original claim had been exhausted.[85] |
| HMRC v Joint Administrators of Lehman Brothers International (Europe) | [2019] UKSC 12 | 13 March 2019 | Tax Law | Statutory interest paid under the Insolvency Rules 2016 is considered to be yearly interest and therefore subject to a deduction of tax at source under the provisions of the Income Tax Act 2007[86] |
| Takhar v Gracefield Developments Limited | [2019] UKSC 13 | 20 March 2019 | Criminal law, Fraud | Where on original judgement has been obtained by reason of the fraudulent conduct of a party and an allegation of fraud has not been raised in the original judgement then it is not necessary for the defrauded party to show that the fraud would have been spotted with reasonable diligence in order for the case to proceed to trial.[87] |
| SAE Education Ltd v HMRC | [2019] UKSC 14 | 20 March | Tax Law, VAT, Value Added Tax Act 1994 | A commercial provider of university education which did not in itself hold degree awarding powers but collaborated with UK universities to award degrees could be considered to be a "college of a university" for the purpose of exemption from VAT.[88] |
| Actavis Group PTC EHF v ICOS Corporation | [2019] UKSC 15 | 27 March | Intellectual property, Patent Law, Patents Act 1977, European Patent Convention | The Court of Appeal was within its powers to interfere with the decision in the High Court in assessing whether dosage testing was obvious and therefore the patent was invalid for lack of an inventive test.[89] |
| R&S Pilling t/a Phoenix Engineering v UK Insurance Ltd | [2019] UKSC 16 | 27 March | Tort law, insurance law, Road Traffic Act 1988 | An insurer was not liable for a fire occurring on private land arising from the insured vehicle where the vehicle was not, at the time, being used as a means of transportation. The Road Traffic Act 1988 s 143 was incompatible with EU law.[90] |
| Stocker v Stocker | [2019] UKSC 17 | 3 April | Tort law, English defamation law, Defamation Act 1952 | An allegation that he "tried to strangle me" on Facebook did not constitute defamation even if the person making the allegation could not demonstrate that he has actually intended to kill her. Context should be given to the nature of spontaneous social media posts when interpreting their meaning.[91] |
| R (Newby Foods Ltd) v Food Standards Agency | [2019] UKSC 18 | 3 April | EU law, Food Safety | Meat remaining on an animal carcass after it has been mechanically butchered which is subsequently removed from that carcass using a mechanical process was mechanically separated meat under EU law and therefore subject to the specific hygiene requirements of EU regulation no 853/2004.[92] |
| R (Derry) v Commissioners for Her Majesty's Revenue and Customs | [2019] UKSC 19 | 10 April | Tax Law, Income Tax Act 2007 | HM Revenue & Customs has not followed the correct process into raising an inquiry into a claim for share loss relief by the taxpayer and therefore were out of time to challenge the loss relief claimed by the taxpayer.[93] |
| Lungowe v Vedanta Resources plc | [2019] UKSC 20 | 10 April | Company Law, Tort Law, Conflict of laws | A number of Zambian citizens were entitled to be a group action in the UK courts against Vedanta Resources PLC in respect of alleged harm to the health and farming resources arising from the Nchanga Copper Mine which was operated by a Zambian subsidiary of Vedanta Resources (Konkola Copper Mines).[94] |
| R (DA) v Secretary of State for Work and Pensions, R (DS) v Secretary of State for Work and Pensions | [2019] UKSC 21 | 15 May | Human rights, Article 14 of the ECHR, Housing Benefit, Welfare Reform Act 2012 | The revised lower benefit cap in respect of eligibility for Housing Benefit did not discriminate against lone parents, or lone parents with children under school age, and was therefore considered to be lawful.[95] |
| R (Privacy International) v Investigatory Powers Tribunal | [2019] UKSC 22 | 15 May | Constitutional law, Regulation of Investigatory Powers Act 2000 | By majority decision the court held decisions of the Investigatory Powers Tribunal could be subject to judicial review in the High Court and implied that parliament may not use legislation to "oust" the jurisdiction of the courts to undertake judicial review.[96] |
| Telereal Trillium v Hewitt (Valuation Officer) | [2019] UKSC 23 | 15 May | Tax law, Business rates in England, Valuation | In considering the rateable value of a premises in a saturated market the valuation hypothesis must assume there remains a willing tenant who is interested in renting the building with the amount of such rent being determined by reference to the general demand derived from similar premises.[97] |
| Hancock v HMRC | [2019] UKSC 24 | 22 May | Tax Law, Taxation of Chargeable Gains Act 1992 | The cash redemption of loan notes were the redemption of qualifying corporate bonds and therefore a gain subject to tax under the provisions of the Taxation of Chargeable Gains Act 1992 was crystallized on the redemption of the bonds.[98] |
| Poole Borough Council v GN | [2019] UKSC 25 | 6 June | Tort law, Negligence, Vicarious Liability, Children Act 1989 | Poole Borough Council had not breached their duty of care in respect of children placed in local authority housing where the children had been subject to harassment and abuse by neighbours. The court found that X v Bedfordshire CC was no longer good law.[99] |
| In the matter of an application by Dennis Hutchings for Judicial Review (Northern Ireland) | [2019] UKSC 26 | 6 June | Constitutional law, Justice and Security (Northern Ireland) Act 2007, non-jury trial | The Director of Public Prosecutions for Northern Ireland was entitled to file a certificate under the Justice and Security (Northern Ireland) Act 2007 for a former British Army soldier to be tried in a Diplock court by a judge alone (without a jury) in respect of a killing made by the soldier during the Troubles[100] |
| Lachaux v Independent Print Ltd | [2019] UKSC 27 | 12 June | Tort law, Defamation, Defamation Act 2013 | The court ruled that section 1 of the Defamation Act 2013 imposed a new threshold over the common law interpretation of defamation, being that the harm caused had to be serious. It was found that the damage to reputation of the individual in this case did not cause serious harm.[101] |
| Samuels v Birmingham City Council | [2019] UKSC 28 | 12 June | Administrative law, Housing Benefit, Housing Act 1996 | An individual had not made herself intentionally homeless due to failing to pay her rent since her income had been less than her reasonable living expenses when living in her last settled accommodation.[102] |
| Sveriges Angfartygs Assurans Forening (The Swedish Club) v Connect Shipping Inc | [2019] UKSC 29 | 12 June | Tort law, insurance law, Marine Insurance Act 1906 | Under the Marine Insurance Act 1906 a ship is a total loss if the costs of repairing the damage exceed the value of the ship. It was held that the costs of repair should include all reasonable costs of salving and safeguarding the ship but would exclude Special Compensation, Protection and Indemnity Clause (SCOPIC) costs.[103] |
| OWD Ltd t/a Birmingham Cash and Carry v HMRC | [2019] UKSC 30 | 19 June | Tax Law, Alcohol Duties Liquor Act 1979, Commissioners for Revenue and Customs Act 2005 | HMRC does not have the power under the Alcohol Duties Liquor Act 1979 or Commissioners for Revenue and Customs Act 2005 to permit temporary trading in respect of wholesale supplies of alcohol pending an appeal against a refusal to grant approval for such trading under the Alcohol Wholesalers Registration Scheme.[104] |
| Secretary of State for Work and Pensions v Gubeladze | [2019] UKSC 31 | 19 June | EU law, Proportionality, Immigration (European Economic Area) Regulations 2006, Citizens' Rights Directive | An individual was entitled to Pension Credit despite having not been registered for three years under the United Kingdom EU Worker Registration Scheme and that the extension to the registration scheme in 2008 was not proportionate as they only gave small and speculative benefits but could have substantial and series effects on individuals.[105] |
| Tillman v Egon Zehnder Ltd | [2019] UKSC 32 | 3 July | Labour law, Contract law, Restrictive covenants, | A restrictive covenant in an employment contract which prevented the employee from holding any shareholding (of any size) in a competitor following cessation of employment was too broad and was therefore unenforceable. This part of the clause was required to be severed from the covenants.[106] |
| London Borough of Lambeth v Secretary of State for Housing, Communities and Local Government | [2019] UKSC 33 | 3 July | Land law, Planning Law, Town and Country Planning Act 1990 | Where planning permission had been granted for retail development subject to restrictions and a subsequent application was made to modify or remove an existing restriction then, even if the subsequent planning permission does not include specific restrictions, this does not necessarily mean there are no restrictions.[107] |
| Secretary of State for Work and Pensions v MM | [2019] UKSC 34 | 18 July | Administrative law, Welfare Reform Act 2012, Social Security (Personal Independence Payment) Regulations 2013 | A benefit claimed was entitled to claim personal independence payment partly on the basis that they needed support to engage with other people because of mental health problems. The government's narrow and technical view of the scope of the regulations was rejected.[108] |
| Secretary of State for the Home Department v Franco Vomero (Italy) | [2019] UKSC 35 | 24 July | EU law, Citizens' Rights Directive, Immigration (European Economic Area) Regulations 2006 | An individual had not acquire a right of permanent residence and was prevented from acquiring such a right following the adoption of the Citizens' Rights Directive by virtue of serious criminal convictions. (Following referral of questions to the European Court of Justice).[109] |
| R (Association of Independent Meat Suppliers) v Food Standards Agency | [2019] UKSC 36 | 24 July | EU law, Food Safety, Food Safety Act 1990, Food Safety and Hygiene (England) Regulations 2013 | The court made no decision and referred two questions to the Court of Justice of the European Union being a) Do EU regulations (Nos 854/2004 and 882/2004 preclude certain procedures undertaken pursuant to the Food Safety Act 1990, and b) Whether EU regulation 882/2004 mandates a right of appeal against decisions of Official Veterinarians.[110] |
| X v Kuoni Travel Ltd | [2019] UKSC 37 | 24 July | Contract Law, Package Travel, Package Holidays and Package Tours Regulations 1992 | In respect of whether a tour operator was liable for damages for a breach of contract where a hotel guest was sexually assaulted the court referred the questions to the Court of Justice of the European Union on the Package Holiday Directive 90/314/EEC.[111] |
| Cape Intermediate Holdings Ltd v Dring (for and on behalf of Asbestos Victims Support Groups Forum UK) | [2019] UKSC 38 | 29 July | Administrative law, Civil Procedure Rules | A person who is not a party to court proceedings may obtain a number of documents that are held in count during proceedings but does not necessarily have a right to every document. The constitutional principle of open justice may require access to be given to further documents than those that are permitted by right under the Civil Procedure Rules.[112] |
| Commissioners for Her Majesty's Revenue and Customs v Frank A Smart & Son Ltd | [2019] UKSC 39 | 29 July | Tax law, Value Added Tax | The taxpayer was entitled to recover input VAT under the Principal VAT Directive on costs incurred in respect of the purchase of single farm payment entitlements with the key testing on whether recovery was available being how the subsidy was to be used by the business.[113] |
| Akçilv Koza Ltd | [2019] UKSC 40 | 29 July | Company law, Conflict of laws, Legal Jurisdiction, Brussels I Recast Regulation | The English courts did not have jurisdiction in respect of a claim brought by trustee shareholders of Koza Altın (a Turkish company) over changes made to the constitutional documents of a UK subsidiary. Whether the Turkish parent had acted validly was a matter for the Turkish Courts.[114] |
| R (Miller) v The Prime Minister and Cherry v Advocate General for Scotland | [2019] UKSC 41 | 24 September | Constitutional law | The Prime Minister's advice to Her Majesty to exercise the prerogative power to prorogue Parliament was unlawful as it prevented Parliament from exercising its constitutional functions, and the resulting prorogation was thus void and of no effect. Decided by 11 judges.[115] |
| In the matter of D (A Child) | [2019] UKSC 42 | 26 September | Constitutional law, Liberty, Children Act 1989, Article 5 of the ECHR, Article 8 of the ECHR | Where a 16 or 17 year old lacks capacity to give their own consent, it is not possible for the parents of the individual to give consent to living arrangements which would amount to a deprivation of liberty. Instead an application must be made under the Deprivation of Liberty Safeguards regime.[116] |
| Routier v HMRC | [2019] UKSC 43 | 16 October | Tax law, Inheritance Tax Act 1984 | The restriction in the Inheritance Tax Act 1984 for exemptions of legacies to charities to UK charities violated the EU law principle of the freedom of movement of capital.[117] |
| Gilham v Ministry of Justice | [2019] UKSC 44 | 16 October | Labour law, Employment Rights Act 1996, Article 10, ECHR, Article 14, ECHR | A district judge was entitled to whistleblower protections by virtue of being a 'worker' despite not being an employee under the Employment Rights Act 1996. Failure to offer such protection would interfere with the right to freedom of expression, protected under Article 10, ECHR.[118] |
| Shanks v Unilever Plc | [2019] UKSC 45 | 23 October | Intellectual property, Patent Law, Patents Act 1977 | The system for measuring glucose concentration by an employee of Unilever had provided an outstanding benefit to the company and the employee was entitled to a fair share of that benefit.[119] |
| The Manchester Ship Canal Company Ltd v Vauxhall Motors Ltd (Formerly General Motors UK Ltd) | [2019] UKSC 46 | 23 October | Land law, Equitable Relief from Forfeiture | Relief from forfeiture can be given in respect of possessory rights over land where the contract grants either proprietary or possessory rights over land and the termination provision was included in the contract as security of the payment of a sum.[120] |
| Sequent Nominees Ltd v Hautford Ltd | [2019] UKSC 47 | 30 October | Land law, Leasehold Reform Act 1967 | A landlord had not unreasonably refused consent for a tenant to apply for planning permission where refusing to grant such consent was an additional safeguard to protect the landlord against the risk of enfranchisement under the Leasehold Reform Act 1967[121] |
| Travelers Insurance Company Ltd v XYZ | [2019] UKSC 48 | 30 October | Administrative law, costs in English law, insurance law, Senior Courts Act 1981 | An insurance company which was not a party to the original case but was the insurer of one of the parties was not liable for costs under section 51 of the Senior Courts Act 1981 where it did not engage in 'unjustified intermeddling'.[122] |
| In the matter of NY (A Child) | [2019] UKSC 49 | 30 October | Hague Convention on the Civil Aspects of International Child Abduction, Child Abduction and Custody Act 1985 | An appeal under the Hague Convention on the Civil Aspects of International Child Abduction by the Court of Appeal of England and Wales was set aside.[123] |
| Singularis Holdings Ltd (In Official Liquidation) (A Company Incorporated in the Cayman Islands) v Daiwa Capital Markets Europe Ltd | [2019] UKSC 50 | 30 October | Tort law, Duty of Care, Law Reform (Contributory Negligence) Act 1945 | A bank which executes a fraudulent instruction to transfer funds out of a company's account can be held as liable for a breach of its duty of care even if the instruction to transfer the money was made by the controlling shareholders and directors of the company.[124] |
| R v Reeves Taylor | [2019] UKSC 51 | 13 November | Criminal Law, Criminal Procedure and Investigations Act 1996, Criminal Appeal Act 1968 | In order for a person to be guilty of torture under section 134 of the Criminal Justice Act 1988 the defendant must be acting in an official capacity for a regime or government and the regime must have some kind of control over the area in which the alleged crime took place.[125] |
| RR v Secretary of State for Work and Pensions | [2019] UKSC 52 | 13 November | Human rights, Housing Benefit, Housing Benefit Regulations 2006, Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2017 | Housing benefit should be calculated without deduction of the 'bedroom tax'. Following R (Carmichael) v Secretary of State for Work and Pensions, making such a deduction would be incompatible with Article 14 of the ECHR and a public authority would be required to disregard a legislative provision where its application would result in a breach of the convention.[126] |
| R (Wright) v Resilient Energy Severndale Ltd and Forest of Dean District Council | [2019] UKSC 53 | 20 November | Land law, Planning Law, Town and Country Planning Act 1990, Planning and Compulsory Purchase Act 2004 | Local authorities must expressly satisfy the Newbury Principles when granting planning permission. In order for consideration to be 'material' it must be for a planning purpose and not an ulterior purpose and be both fair and reasonable in relation to the development. Upholds the wider principle that planning permission cannot be bought or sold.[127] |
| Edwards on behalf of the Estate of the late Thomas Arthur Watkins v Hugh James Ford Simey Solicitors | [2019] UKSC 54 | 20 November | Tort law, Professional Negligence | The Bwllfa principle was not relevant to the after date evidence that had been provided to the court and the case was remitted back to the lower courts to determine the value of the loss of opportunity.[128] |
| Royal Mail Group Ltd v Jhuti | [2019] UKSC 55 | 27 November | Labour law, Employment Rights Act 1996, Whistleblowing | If an employee is dismissed by virtue of a false reason given to the person responsible for making the dismissal then, even if the person responsible has a genuine belief in the false reason, then the actual reason for dismissal is in face the hidden reason that was not disclosed to the decision maker.[129] |
| R (Hemmati) v Secretary of State for the Home Department | [2019] UKSC 56 | 27 November | Immigration law, Illegal immigration, Right of asylum | The policy to detain persons who had sought asylum in another EU State where the claims were referred to an EU State under the Dublin III Regulation under the Immigration Act 1971 failed to comply with the Dublin III Regulation as it lacked adequate certainty and predictability.[130] |
| MacDonald v Carnbroe Estates Ltd | [2019] UKSC 57 | 4 December | Insolvency law, Gratuitous alienations on insolvency, Insolvency Act 1986 | Where a property had been sold for £550,000 but only £470,000 had been paid and a higher price could have been achieved with a proper marketing process then there had been a gratuitous alienation prior to insolvency. In considering the available remedy, a flexible approach can be taken to take account of the consideration which a bona fide purchaser would have paid.[131] |
| R (Lancashire County Council) v Secretary of State for the Environment, Food and Rural Affairs, R (NHS Property Services Ltd) v Surrey County Council | [2019] UKSC 58 | 11 December | Land law, Statutory Incompatibility | The specific public interest contained in the statutory purpose for which the land was actually held outweighed the public interest in registering the land as a town or village green under the Commons Act 2006.[132] |
| Patel v Secretary of State for the Home Department, Secretary of State for the Home Department v Shah | [2019] UKSC 59 | 16 December | Immigration Law, Immigration (European Economic Area) Regulations 2006, TFEU, Charter of Fundamental Rights of the EU | The Zambrano principle applied to allow a parent of a dependent child who was a resident to a non EU member state to reside in the UK as the primary carer of a British citizen but did not provide the same rights for another individual in respect of their elderly parent as there was not a 'relationship of dependency'.[133] |
| Miller v Ministry of Justice | [2019] UKSC 60 | 16 December | Labour law, Part-time Work Directive 1997, Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 | Judges who had held one or more appointments as fee-paid part-time judges had been subject to less favourable treatment in respect of the provision of a pension and were entitled to pensions in respect of their former part-time service.[134] |
2020 judgments[edit]
| Case name | Citation | Date | Legal subject | Summary of decision |
|---|---|---|---|---|
| FMX Foods Merchants Import Export Co Ltd v Commissioners for Her Majesty's Revenue & Customs | [2020] UKSC 1 | 29 January | Tax law, Customs Code of the EU | HMRC could issue a post-clearance demand (in respect of customs duty) after the expiry of the normal three year time limit where criminal proceedings were relevant. However, HMRC cannot issue demands unitarily without any time limit as this would be in breach of the fundamental principle of legal certainty under EU law.[135] |
| A Reference by the Attorney General for Northern Ireland of devolution issues to the Supreme Court pursuant to Paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 | [2020] UKSC 2 | 5 February | Constitutional law, Devolution in the UK | Providing postcode lists to the Secretary of State for Work and Pensions was not a "devolution issue" or capable of being incompatible with the European Convention on Human Rights. Therefore, the Supreme Court refused to accept the application by the Attorney General for Northern Ireland.[136] |
| R (on the application of Samuel Smith Old Brewery (Tadcaster)) v North Yorkshire County Council | [2020] UKSC 3 | 5 February | Land law, Planning Law, Town and Country Planning Act 1990 | Planning permission granted by North Yorkshire County Council for the expansion of a quarry did not breech the National Planning Policy Framework in respect of mineral extraction in the green belt as the "openness" of the green belt would be preserved.[137] |
| R (on the application of Jalloh (Liberia)) v Secretary of State for the Home Department | [2020] UKSC 4 | 12 February | Immigration law, false imprisonment | Conditions of bail under the provisions of the Immigration Act 1971 which required an individual who lacked immigration status to stay at home for eight hours a day constituted false imprisonment.[138] |
| Micula v Romania | [2020] UKSC 5 | 19 February | International law, Arbitration | The English courts have the power to stay execution of an award by the International Centre for Settlement of Investment Disputes (ICSID) and the UK's enforforcement of obligations under and the ICSID Convention are unaffected by the EU Treaties.[139] |
| In the matter of an application by Deborah McGuinness for Judicial Review (Northern Ireland) | [2020] UKSC 6 | 19 February | Administrative law, Jurisdiction | The supreme court did not have the jurisdiction to hear appeals in respect of when Ulster loyalist Michael Stone can be released from prison.[140] |
| R (on the application of DN (Rwanda)) v Secretary of State for the Home Department | [2020] UKSC 7 | 26 February | Immigration law, false imprisonment | An order to detain and individual prior to deportation under the Nationality, Immigration and Asylum Act 2002 was unlawful and the individual could sue for damages for false imprisonment.[141] |
| R v Copeland | [2020] UKSC 8 | 11 March | Criminal law, Explosive Substances Act 1883 | A person was not guilty under section 4(1) of the Explosive Substances Act 1883 where the explosives were being used for experimentation and self-education and did not have an ulterior unlawful purpose.[142] |
| MS (Pakistan) v Secretary of State for the Home Department | [2019] UKSC 9 | 18 March | Human rights, Human Trafficking, Modern Slavery | Immigration tribunals can make findings of fact and are not bound by a Home Office decision in determining whether Article 4 of the ECHR would be breached. The Council of Europe Convention on Action against Trafficking in Human Beings requirements can form part of the positive obligations owed by the State under Article 4 of the European Convention.[143] |
| Elgizouli v Secretary of State for the Home Department | [2020] UKSC 10 | 25 March | Human Rights, Death Penalty, Data Protection Act 2018 | A decision by the government to co-operate with US law enforcement over the prosecution was two alleged Islamic State members was unlawful without assurance from the US that the individuals would not face the death penalty.[144] |
| Aspen Underwriting Ltd v Credit Europe Bank NV | [2020] UKSC 11 | 1 April | Conflicts of laws, insurance law, Jurisdiction | The High Court of England and Wales did not have jurisdiction to hear claims relating to fraudulent misrepresentation following the loss of an insured vessel. Since Credit Europe Bank was domiciled in the Netherlands, the case should be heard in the courts of the Netherlands.[145] |
| WM Morrisons Supermarkets plc v Various Claimants | [2020] UKSC 12 | 1 April | Tort law, Vicarious Liability, Data Protection | Morrisons were not vicariously liable in respect of actions taken by a vengeful employee who posted the personal data of 100,000 employees online, an action which was in breach of duties imposed the by Data Protection Act 1998.[146][147] |
| Barclays Bank plc v Various Claimants | [2020] UKSC 13 | 1 April | Tort law, Vicarious Liability | Barclays Bank PLC was not vicariously liable for the acts of a self-employed doctor who was engaged to carry out medical examinations of its staff and was accused of sexual assault.[148] |
| Whittington Hospital NHS Trust v XX | [2020] UKSC 14 | 1 April | Tort Law, medical negligence | Damages payable by Whittington Hospital NHS Trust to a woman who could not bear children following earlier medical negligence could include the costs of surrogacy through commercial agreements abroad.[149] |
| Zipvit Ltd v Commissioners for Her Majesty's Revenue and Customs | [2020] UKSC 15 | 1 April | Tax Law, Value Added Tax | The court referred a case relating to whether a trader can deduct input VAT in the absence of a VAT invoice and whether a trader has an entitlement to deduct VAT on supplies which are carried out by another entity to the Court of Justice of the European Union[150] |
| R (Palestine Solidarity Campaign Ltd) v Secretary of State for Communities and Local Government | [2020] UKSC 16 | 29 April | Labour law, Pensions, Public Service Pensions Act 2013 | Ministerial guidance to administering authorities of Local Government Pension Scheme funds on how to discharge their investment powers was unlawful as the Public Service Pensions Act 2013 did not allow central government to impose policy on administering authorities.[151] |
| AM (Zimbabwe) v Secretary of State for the Home Department | [2020] UKSC 17 | 29 April | Human rights, Criminal deportation, Article 3 of the ECHR | The deportation of an individual who had come to the UK as a teenager from Zimbabwe and was subsequently convicted of a number of serious offences was blocked amid concerns his life would be shortened by HIV and suitable medical care was not available in Zimbabwe. This upheld the position established in Paposhvili v Belgium.[152] |
| Duval v 11-13 Randolph Crescent Ltd | [2020] UKSC 18 | 6 May | Land law | A landlord was in breach of its obligations to enforce tenant covenants where the landlord had granted a licence to a tenant to undertake structural works as the granting of such a licence had put the landlord out of its power to enforce an absolute covenant preventing structural works.[153] |
| R v Adams (Northern Ireland) | [2020] UKSC 19 | 13 May | Unlawful Detention, Detention of Terrorists (Northern Ireland) Order 1972 | The detention of Gerry Adams for his attempts to escape from the Maze Prison in the 1970s was unlawful as the custody order had not been authorised personally by the Secretary of State for Northern Ireland and therefore did not meet the requirements of the Detention of Terrorists (Northern Ireland) Order 1972.[154] |
| Dill v Secretary of State for Housing, Communities and Local Government and another | [2020] UKSC 20 | 20 May | Land law, Planning (Listed Buildings and Conservation Areas) Act 1990 | The status of two lead urns placed on limestone plinths which had been classified as listed buildings were able to be revisited by a planning inspector in considering whether or not they were in face 'buildings'.[155] |
| Cardtronics UK Ltd v Sykes (Valuation Officers) | [2020] UKSC 21 | 20 May | Tax Law, Business Rates | Cash machines located inside and outside of retail stores were not separate hereditaments from the stores or shops and as such should not have been subject to separate business rates on top of normal store rates.[156] |
| Fowler v Commissioners for Her Majesty's Revenue and Customs | [2020] UKSC 22 | 20 May | Tax Law, Income tax, Labour law | Despite the presence of a deeming provision in the Income Tax (Trading and Other Income) Act 2005 which treated a deep-sea diver as being self-employed for UK tax purposes, the actual relationship was that of employment and the diver should be considered to receive the income in respect of an employment when applying the tax treaty between the UK and South Africa.[157] |
| Serafin v Malkiewicz | [2020] UKSC 23 | 3 June | Tort law, Libel | A libel case was overturned after the court found that Justice Robert Jay had not allowed a claim to be properly presented. Further, he had harassed and intimidated the claimant therefore the original trial was unfair. A retrial was ordered.[158] |
| Sainsbury's Supermarkets Ltd v Visa Europe Services LLC and Sainsbury's Supermarkets Ltd v MasterCard Incorporated | [2020] UKSC 24 | 19 June | Competition Law, Treaty on the Functioning of the European Union | Interchange fees levied by Visa Inc. and Mastercard infringed Competition Law (namely article 101(1) of the Treaty on the Functioning of the European Union). The judgement could have significant implications with potentially billions in damages being due.[159] |
| Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd | [2020] UKSC 25 | 17 June | Insolvency law, Adjudication | Adjudication on the application of a liquidator of a company is not incompatible with the insolvency process and the existence of the insolvency set-off does not result in a claim ceasing to exist. The fact that an adjudication award cannot be enforced immediately does not mean that the adjudication process is futile.[160] |
| ABC v Principal Reporter and another and In the matter of XY | [2020] UKSC 26 | 18 June | Human rights, Children's Hearings (Scotland) Act 2011, Article 6 of the ECHR, Article 8 of the ECHR | It is not a breach of the right to family life for a child's siblings to be denied "relevant person" status (being a person who has had significant involvement in the upbringing of the child and is therefore entitled to be notified of and attend any children's hearing).[161] |
| Regeneron Pharmaceuticals Inc v Kymab Ltd | [2020] UKSC 27 | 24 June | Intellectual property, Patent Law, European Patent Convention | The claims by Regeneron Pharmaceuticals Inc in respect of patents registered for a new type of genetically modified mouse which included a hybrid version of the gene that produces antibodies was invalid as the patents failed to adhere to the rule of sufficiency (being that documents filed with the patent need to be detailed enough to enable scientifically skilled readers to recreate the invention).[162] |
| HMRC v K E Entertainments Ltd | [2020] UKSC 28 | 24 June | Tax Law, Value Added Tax, Value Added Tax Regulations 1995 | A change in calculating a price apportionment for a bingo promoter between the stake (outside of the scope of VAT) and a participation fee (subject to VAT) did not result in a decrease in the total consideration that enabled the taxpayer to claim a VAT adjustment under the Value Added Tax Regulations 1995.[163] |
| R v Hilton | [2020] UKSC 29 | 1 July | Criminal law, Proceeds of Crime Act 2002 | There is no automatic right for third party with an interest in property to make representations at the first stage confiscation proceedings in respect of that property under the Proceeds of Crime Act 2002 where such representations could be made later at the enforcement stage.[164] |
| Villiers v Villiers | [2020] UKSC 30 | 1 July | Family law, Jurisdiction, Matrimonial Causes Act 1973 | A maintenance claim could be pursued in England, where the claimant was now residing, rather than Scotland, despite the fact that the petition for divorce was filed in Scotland and the couple had lived in Scotland for most of their marriage. It was considered that the judgement might encourage 'divorce tourism' where differing settlements arise under English Law and Scots Law.[165] |
| Sevilleja v Marex Financial Ltd | [2020] UKSC 31 | 15 July | Company law, Tort Law, Reflective loss | The reflective loss principle should be strictly limited to cases where claims are brought by a shareholder in respect of a loss suffered by in their capacity as a shareholder and should not apply to claims by creditors.[166] |
| Sutherland v Her Majesty's Advocate | [2020] UKSC 32 | 15 July | Human Rights, Article 8 of the ECHR | A covert investigation by paedophile hunters and the use by authorities of evidence collected from this investigation did not breach an individual's right to a private life under Article 8 of the ECHR.[167] |
| Lehtimaki and others v Cooper | [2020] UKSC 33 | 29 July | Company law, Trust Law, Charity Law | The courts were able to dictate to the directors of The Children's Investment Fund Foundation, a charitable company, in how to exercise their powers absent a breach of fiduciary duty.[168] |
| Shagang Shipping Company Ltd v HNA Group Company Ltd | [2020] UKSC 34 | 5 August | Administrative law, Evidence, Civil Evidence Act 1995 | It would permissible for a trial judge, in determining whether a bribe had been paid, to have regard to the possibility that a forced confession of bribery had been obtained by way of torture (and would therefore be inadmissible), even if actual torture had not been proved.[169] |
| Commissioners for Her Majesty's Revenue & Customs v Parry and others | [2020] UKSC 35 | 19 August | Tax Law, Inheritance Tax Act 1984 | A transfer between pensions was not a 'transfer of value' for the purpose of the Inheritance Tax Act 1984 as the motive for the transfer was not to confer a benefit on another. However, the failure by an individual to take up their rights to pension benefits was a 'transfer of value' which would be subject to Inheritance Tax.[170] |
| Peninsula Securities Ltd v Dunnes Stores (Bangor) Ltd | [2020] UKSC 36 | 19 August | Contract law, Restraint of trade, Property Law | A restriction on a property owner from allowing further retail units from being built in a shopping center which would be in direct competition with an anchor tenant was a reasonable and proportionate restrictive covenant and therefore was enforceable by the anchor tenant.[171] |
| Unwired Planet International Ltd and another v Huawei Technologies (UK) Co Ltd and another, Huawei Technologies Co Ltd and another v Conversant Wireless Licensing SARL, ZTE Corporation and another v Conversant Wireless Licensing SARL | [2020] UKSC 37 | 26 August | Intellectual property, Patent law, Jurisdiction | The English courts have the jurisdiction to settle a global licence on fair, reasonable and non-discriminatory (FRAND) terms in respect of a multinational standard essential patents portfolio. The grant of an injunction of against an infringing party that declines a FRAND licence is both appropriate and proportionate.[172] |
| Enka Insaat Ve Sanayi A.S. v OOO Insurance Company Chubb | [2020] UKSC 38 | 9 October | Insurance law, arbitration | Where an arbitration agreement does not specify a governing law then the law of the underlying main contract will ordinarily govern the arbitration agreement. Where the main contract does not specify a governing law then it is for the courts to determine the law with which the arbitration agreement is most closely connected.[173] |
| R (on the application of Highbury Poultry Farm Produce Ltd) v Crown Prosecution Service | [2020] UKSC 39 | 16 October 2020 | Animal welfare, Welfare of Animals at the Time of Killing (England) Regulations 2015 | Offences incurred under the Welfare of Animals at the Time of Killing (England) Regulations 2015 are strict liability offences and as such there was no requirement to prove negligence by the business operating a slaughterhouse where a breach of the regulations had occurred.[174] |
| R (on the application of Z and another) v Hackney London Borough Council and another | [2020] UKSC 40 | 16 October 2020 | Equality, Equality Act 2010 | The practices of a charity which provided social housing available primarily to the Orthodox Jewish community was proportionate to meet the needs or alleviate the disadvantages suffered by a particular group and therefore constituted permissible direct discrimination under the Equality Act 2010. The exemptions from the Act which allow charities to restrict the provision to benefits for the purpose of preventing or compensating for a disadvantage linked to the protected characteristic is not subject to a further test for proportionality.[175] |
| R (on the application of Pathan) v Secretary of State for the Home Department | [2020] UKSC 41 | 23 October 2020 | Immigration Law | The treatment by the Home Office of an individual who had applied for an extension of his skilled worker visa in good time and which had been refused on the basis that the Secretary of State had revoked the licence of his sponsoring employer without informing the individual, was unfair.[176] |
| Stoffel & Co v Grondona | [2020] UKSC 42 | 30 October 2020 | Illegality in English law, Professional Negligence | Despite the illegality of her actions, a person who had engaged in mortgage fraud was not barred from bringing a claim for professional negligence against her solicitors for negligently failing to register the forms for the transfer of the property.[177] |
| Ecila Henderson v Dorset Healthcare University NHS Foundation Trust | [2020] UKSC 43 | 30 October 2020 | Mental health law, Medical Negligence, Illegality in English law | A NHS Foundation Trust, which had accepted that it has been negligent in respect of the care of a person receiving care for paranoid schizophrenia, was not required to pay compensation to the individual where the individual subsequently incurred a loss as a result of committing a serious criminal act.[178] |
| Secretary of State for Health v Servier Laboratories Ltd | [2020] UKSC 44 | 6 November 2020 | EU law, Res judicata | The doctorine of Res judicata (preventing a party from re-litigating any claim) did not mean that decision of the General Court of the European Union was binding on domestic proceedings as not all rights of appeal had been exhausted.[179] |
| Alexander Devine Children's Cancer Trust v Housing Solutions Ltd | [2020] UKSC 45 | 6 November 2020 | Property Law, Law of Property Act 1925 | A developer who was seeking to develop land in breach of a restrictive covenant which prevented the development of land adjoining a children's cancer hospice could not rely on the covenant being "contrary to public interest" where it had already breached the covenant by its own actions.[180] |
| R (on the application of Maughan) v Her Majesty's Senior Coroner for Oxfordshire | [2020] UKSC 46 | 13 November 2020 | Standard of Proof, Coroners and Justice Act 2009 | The standard of proof required in order to reach determinations of suicide and unlawful killing at inquests is the civil standard of proof (the balance of probabilities) rather than the criminal standard of proof (beyond reasonable doubt).[181] |
| Test Claimants in the Franked Investment Income Group Litigation & Others v Commissioners of Inland Revenue | [2020] UKSC 47 | 20 November 2020 | Tax Law, Advance corporation tax, Limitation Act 1980 | The Limitation Act 1980 applies to claims for restitution of monies paid under a mistake of law. The six-year period allowed under the Limitation Act applies from the date on which the claimant has discovered the mistake (or could have reasonably discovered it) rather than the date on which the loss was made. When relying on another judgement to determine whether a claim is possible, the date on which a claimant could reasonable have discovered a loss may be earlier than the date of that other judgement if, using reasonable diligence, the claimant could have discovered that they had a worthwhile claim.[182] |
| Halliburton Company v Chubb Bermuda Insurance Ltd | [2020] UKSC 48[permanent dead link] | 27 November 2020 | Insurance law, arbitration | An arbitrator has a duty to make disclosures of matters that might reasonably be considered to give rise to doubts as to their impartiality in respect of a matter they are seeking to resolve. In the specific circumstances of the case in hand, the court found that there were not justifiable doubts as to the arbitrators impartiality.[183] |
| Commissioners for Her Majesty's Revenue & Customs v London Clubs Management Ltd | [2020] UKSC 49 | 27 November 2020 | Tax Law, Gaming Duty | Non-negotiable gaming chips and free bet vouchers issued by a casino as promotional tolls in order to encourage customers to gamble did not have any monetary value and therefore are not required to be taken into account in computing the profits of the casino for the purpose of calculating gaming duty.[184] |
| R (on the application of Gourlay) (AP) v Parole Board | [2020] UKSC 50 | 4 December 2020 | Parole Board for England and Wales | A body which takes a decision in a judicial or quasi-judicial capacity (in this case, the Parole Board), and then declines to defend it when it is challenged in court proceedings, will not ordinarily face an order for costs.[185] |
| Mastercard Incorporated and others v Walter Hugh Merricks CBE | [2020] UKSC 51 | 11 December 2020 | Competition Law | The Competition Appeal Tribunal had erred in law in refusing to make a Collective Proceedings Order in collective proceedings brought by a representative of a group of consumers against companies in the Mastercard group[citation needed] |
| R (on the application of Friends of the Earth Ltd and others) v Heathrow Airport Ltd | [2020] UKSC 52 | 16 December 2020 | Environmental Law, | The Government had taken proper account of the UK's climate change commitments, including the Paris Agreement. Heathrow Airport may apply for planning permission for a third runway.[citation needed] |
| Robinson (Jamaica) v Secretary of State for the Home Department | [2020] UKSC 53 | 16 December 2020 | European Union Law | The phrase 'exceptional circumstances' does not import an additional hurdle before a Zambrano carer can be deported from the territory of the EU[citation needed] |
2021 judgments[edit]
| Case name | Citation | Date | Legal subject | Summary of decision |
|---|---|---|---|---|
| Financial Conduct Authority v Arch Insurance (UK) Ltd & others | [2021] UKSC 1 | 15 January 2021 | Insurance law | Determining that commercial insurance for "business interruption" during the COVID-19 pandemic did respond to the lockdowns.[186] |
| R (on the application of KBR, Inc) v Director of the Serious Fraud Office | [2021] UKSC 2 | 5 February 2021 | Criminal Law, Fraud | On the scope of extraterritorial application of the Serious Fraud Office, the SFO does not have the power to compel a foreign company to produce documents held outside of the United Kingdom.[citation needed] |
| Okpabi and others v Royal Dutch Shell Plc and another | [2021] UKSC 3 | 12 February 2021 | Company law, Environmental Law | English courts have jurisdiction over claims by victims of oil leaks from pipelines in the Niger Delta.[citation needed] |
| T W Logistics Ltd v Essex County Council & another | [2021] UKSC 4 | 12 February 2021 | Land Law | Registration of land as a green does not criminalize pre-existing activities and local people have to exercise their rights over a town or village green in a fair and reasonable way.[citation needed] |
| Uber BV v Aslam | [2021] UKSC 5 | 19 February 2021 | Labour Law | Drivers for Uber were "workers" within the definition in section 230(3)(b) of the Employment Rights Act 1996, and were thus entitled to the minimum wage and holiday pay.[citation needed] |
| Evergreen Marine (UK) Limited v Nautical Challenge Ltd | 2021 UKSC 6 | 19 February 2021 | Mercantile Law | For ship collision avoidance regulations, the crossing rules ought to be applied wherever possible and strictly enforced because they tend to secure safe navigation.[citation needed] |
| Begum v Secretary of State for the Home Department | [2021] UKSC 7 | 26 February 2021 | Nationality Law | The Home Secretary appealed an earlier decision by the Court of Appeal in the case of Shamima Begum whose citizenship had been removed and who currently resides in a detainment camp in Syria.[citation needed] |
| Royal Mencap Society v Tomlinson-Blake | [2021] UKSC 8 | 19 March 2021 | Labour law | Care workers are not entitled to be paid the National Minimum wage for all the time that they were on a 'sleep-in' shift.[citation needed] |
| G (Appellant) v G (Respondent) | [2021] UKSC 9 | 19 March 2021 | Family Law, | A return order in child abduction proceedings cannot be implemented until the appeal in any asylum claim made by the child or with the child as a dependant has been determined.[citation needed] |
| Asda Stores v Brierley and others | [2021] UKSC 10 | 26 March 2021 | Labour law, | Employees working in Asda's stores can use as comparators employees working in Asda's distribution centres for the purposes of an equal pay claim.[citation needed] |
| Balhousie Holdings Ltd v Commissioners for Her Majesty's Revenue & Customs (Scotland) | [2021] UKSC 11 | 31 March 2021 | Value-Added Tax, | BCL did not dispose of its 'entire interest' in the care home, which meant HMRC was wrong to claw back the benefit of a zero-rating.[citation needed] |
| Burnett or Grant v International Insurance Company of Hanover Limited | [2021] UKSC 12 | 23 April 2021 | Insurance law | Considered what is meant by 'deliberate acts' in an exclusion clause in a public liability insurance policy.[citation needed] |
| Rittson-Thomas and others v Oxfordshire County Council | [2021] UKSC 13 | 23 April 2021 | Land Law, | Land granted to a county council under the School Sites Act 1841 for use as a school did not cease to be used for that purpose, and therefore did not revert to the donor's estate, when the school moved to a new site and the land was sold with vacant possession, with the intention that the proceeds of sale would be used towards paying off the costs of acquiring the new site.[citation needed] |
| Zabolotnyi v The Mateszalka District Court, Hungary | [2021] UKSC 14 | 30 April 2021 | Extradition Law, | There is no heightened test for the admissibility of evidence concerning alleged breaches of assurances given to a third state.[citation needed] |
| Her Majesty's Attorney General v Timothy Crosland | [2021] UKSC 15 | 10 May 2021 | Contempt of Court | The lawyer committed criminal contempt of court by leaking a draft of the UKSC's judgment backing Heathrow Airport's expansion plans a day before the ruling was officially released.[citation needed] |
| Hurstwood Properties (A) Ltd and others v Rossendale Borough Council and another | [2021] UKSC 16 | 14 May 2021 | Local Government Finance Act 1988 | Local authorities can sue two property developers over unpaid business rates.[citation needed] |
| Commissioners for Her Majesty's Revenue and Customs v Tooth | [2021] UKSC 17 | 14 May 2021 | Tax Law | There was no deliberate inaccuracy in Tooth's tax return.[citation needed] |
| R (on the application of Fylde Coast Farms Ltd (formerly Oyston Estates Ltd)) v Fylde Borough Council | [2021] UKSC 18 | 14 May 2021 | Town and Country Planning Act 1990 | Oyston's legal challenge was made out of time.[citation needed] |
| Matthew v Sedman | [2021] UKSC 19 | 21 May 2021 | Limitation periods | In a 'midnight deadline' case, the limitation period starts on the day rather than the following day and thus the appellant's claim was time barred.[citation needed] |
| Manchester Building Society v Grant Thornton UK LLP | [2021] UKSC 20 | 18 June 2021 | Negligence, scope of duty | The Manchester Building Society could bring a claim for damages against Grant Thornton as a result of negligent accounting advice which ultimately resulted in MBS closing a number of hedges at a loss.[187] |
| Khan v Meadows | [2021] UKSC 21 | 18 June 2021 | Clinical negligence | |
| General Dynamics United Kingdom Ltd v State of Libya | [2021] UKSC 22 | 25 June 2021 | State Immunity Act 1978 | |
| Director of Public Prosecutions v Ziegler | [2021] UKSC 23 | 25 June 2021 | Highways Act 1980 | |
| Secretary of State for Health v Servier Laboratories Ltd | [2021] UKSC 24 | 2 July 2021 | Causing loss by unlawful means | |
| R (on the application of Haworth) v Commissioners for Her Majesty's Revenue and Customs | [2021] UKSC 25 | 2 July 2021 | ||
| R (on the application of SC, CB and 8 children) v Secretary of State for Work and Pensions | [2021] UKSC 26 | 9 July 2021 | ||
| A and B v Criminal Injuries Compensation Authority | [2021] UKSC 27 | 9 July 2021 | ||
| R (on the application of AB) v Secretary of State for Justice | [2021] UKSC 28 | 9 July 2021 | ||
| Triple Point Technology, Inc v PTT Public Company Ltd | [2021] UKSC 29 | 16 July 2021 | Contract law | |
| Sanambar v Secretary of State for the Home Department | [2021] UKSC 30 | 16 July 2021 | ||
| Test Claimants in the Franked Investment Income Group Litigation & Others (Respondents) v Commissioners of Inland Revenue (Appellant) (1) Test Claimants in the Franked Investment Income Group Litigation & Others (Respondents) v Commissioners of Inland Revenue (Appellant) (2) |
[2021] UKSC 31 | 23 July 2021 | ||
| Harcus Sinclair LLP v Your Lawyers Ltd | [2021] UKSC 32 | 23 July 2021 | Contract Law, Non-complete agreement, Restraint of trade | A six-year non competition clause included in a commercial non-disclosure agreement between two law firms was not an unlawful restraint of trade and therefore was enforceable.[188] Solicitors' undertakings provided by limited liability partnerships do not fall within a court's inherent supervisory jurisdiction over solicitors and therefore are not summarily enforceable by the court.[189] |
| Royal Mail Group Ltd v Efobi | [2021] UKSC 33 | 23 July 2021 | Labour Law, Burden of Proof | The burden of proof in discrimination claims lies with the claiment, in this case the employee, who must provide facts from which a tribunal could draw an inference of discrimination.[190] |
| X v Kuoni Travel Ltd | [2021] UKSC 34[a] | 30 July 2021 | Contract Law, EU Law, Package Travel, Package Holidays and Package Tours Regulations 1992 | The decision of the Court of Justice of the European Union determined that an employee of hotel which is booked through a package travel organiser is not himself a 'supplier of services' but that a travel organiser may still be liable for the acts of the employee if they constitute improper performance under the contract. Following this judgement the supreme court found that the deliberate acts of a hotel employee, in sexually assaulting a guest, constituted an improper performance of the tour operator's obligations and therefore the operator was liable for breach of contract.[191] |
| In the matter of T (A Child) | [2021] UKSC 35 | 30 July 2021 | Family Law, Liberty, Children Act 1989, Social Services and Well-Being (Wales) Act 2014 | The High Court's inherent jurisdiction can be used to authorise the deprivation of liberty in order to keep a child safe from harm where no alternative route for safeguarding the child is available (in this case a lack of resource in the child care system). The court's may cut across relevant provisions of the Children Act 1989 when using their inherant jurisdiction in such cases and in doing so are not in breach of the European Convention on Human Rights.[192] |
| CPRE (Kent) v Secretary of State for Communities and Local Government | [2021] UKSC 36 | 30 July 2021 | Costs in English law, Civil Procedure Rules, Planning Law | Where defendants and an interested party each incurred costs of preparing acknowledgments of service and summary grounds then there was no general rule in planning cases limiting the number of parties that can recover such costs.[193][194] |
| R (on the application of A) v Secretary of State for the Home Department | [2021] UKSC 37 | 30 July 2021 | Sexual offences in the United Kingdom; | Test for a police force, when approached for information regarding a person about whom concerns are raised relating to their contact with children, is obliged in law to seek representations from the person before disclosing any information.[195] |
| R (on the application of BF (Eritrea)) v Secretary of State for the Home Department | [2021] UKSC 38 | 30 July 2021 | Asylum law | Review of Home Office's regime for determining the age of asylum seekers entering the United Kingdom.[196] |
| Tinkler v Commissioners for Her Majesty's Revenue and Customs | [2021] UKSC 39 | 30 July 2021 | Tax law | Review when a taxpayer is prevented from challenging the validity of an enquiry into their tax return by HMRC where both parties have proceeded, for nearly a decade, on the mistaken assumption that the enquiry was validly initiated by a letter sent to the taxpayer.[197] |
| Times Travel (UK) Ltd v Pakistan International Airlines Corp | [2021] UKSC 40 | 18 August 2021 | English contract law | When a party can set aside a contract on the ground that it was entered into as a result of the other party threatening to do a lawful act.[198] |
| R (on the application of TN (Vietnam)) v Secretary of State for the Home Department | [2021] UKSC 41 | 22 September 2021 | Fast Track Procedure 2005; | Determined effect of structural unfairness in the FTA 2005 on individual appeal determinations.[199] |
| Reference by the Attorney General and the Advocate General for Scotland—European Charter of Local Self-Government (Incorporation) (Scotland) Bill | [2021] UKSC 42 | 6 October 2021 | Scotland Act 1998; | The UNCRC Bill and ECLSG Bill passed by the Scottish Parliament were outside its legislative competence; the Bills are to return to the Scottish Parliament for further consideration.[200] |
| Ho v Adelekun | [2021] UKSC 43 | 6 October 2021 | Civil Procedure Rules | Calculation of damages/pre-settlement costs.[201] |
| Anwar v The Advocate General | [2021] UKSC 44 | 13 October 2021 | Equality Act 2010; EU law | The government did not breach its obligations under the relevant EU directives to provide effective interim protection for successful workplace discrimination and harassment claims.[202] |
| FS Cairo (Nile Plaza) LLC v Brownlie (as Dependant and Executrix of Professor Sir Ian Brownlie CBE QC) | [2021] UKSC 45 | 20 October 2021 | English tort law; | The appellant's claims did not satisfy the CPR requirements; its claims are also dependent on Egyptian law.[203] |
| R (on the application of Majera (formerly SM (Rwanda)) v Secretary of State for the Home Department | [2021] UKSC 46 | 20 October 2021 | Immigration Act 1971 | Appellant remains on bail in accordance with the original Bail Order.[204] |
| Kostal UK Ltd v Dunkley and others | [2021] UKSC 47 | 27 October 2021 | Labour law | Direct offers made to Unite member workers breached the Trade Union and Labour Relations (Consolidation) Act 1992, s145B(2).[205] |
| Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) | [2021] UKSC 48 | 27 October 2021 | Arbitration agreements | The arbitration agreement is governed by English law; there is no real prospect that the respondent was a party to the arbitrary agreement.[206] |
| Crown Prosecution Service v Aquila Advisory Ltd | [2021] UKSC 49 | 3 November 2021 | Corporate Crime, Directors' Duties | Where the directors of a company had exploited their position and were in breach of their fiduciary duties to the company of which they were directors (in this case by making a secret profit of $4.55m) then another company to whom the proprietary rights were assigned could seek to recover the funds from the directors. As the directors had acted in breach of their fiduciary duties then the proceeds from their criminal acts were held on constructive trust for the company of which they were directors.[207] |
| Lloyd v Google LLC | [2021] UKSC 50 | 10 November 2021 | Data privacy | Data Protection Act 1998 |
| Alize 1954 and another v Allianz Elementar Versicherungs AG and others | [2021] UKSC 51 | 10 November 2021 | Duty of seaworthiness | |
| A Local Authority v JB (by his Litigation Friend, the Official Solicitor) | [2021] UKSC 52 | 24 November 2021 | Mental Capacity Act 2005 | |
| Fratila v Secretary of State for Work and Pensions | [2021] UKSC 53 | 1 December 2021 | Universal credit, social security rights, EU law and Brexit | |
| R (Association of Independent Meat Suppliers) v Food Standards Agency | [2021] UKSC 54 | 8 December 2021 | EU law, meat products, safety | |
| McQuillan, McGuigan and McKenna, Re Application for Judicial Review | [2021] UKSC 55 | 15 December 2021 | Human rights, and investigating deaths during the Troubles | |
| R (Elan-Cane) v Secretary of State for the Home Department | [2021] UKSC 56 | 15 December 2021 | Private life under ECHR art 8 and gender neutrality in passports | |
| Maduro Board of the Central Bank of Venezuela v Guaido Board of the Central Bank of Venezuela | [2021] UKSC 57 | 20 December 2021 | Foreign act of state doctrine | |
| HM Attorney General v Crosland | [2021] UKSC 58 | 20 December 2021 | Contempt of court |
2022 judgments[edit]
![[icon]](/wiki/File:Wiki_letter_w_cropped.svg){kind=small} | This section needs expansion. You can help by adding to it. (September 2022) |
| Case name | Citation | Date | Legal subject | Summary of decision |
|---|---|---|---|---|
| FirstPort Property Services Ltd v Settlers Court RTM Company and others | [2022] UKSC 1 | 12 January 2022 | Right to Manage, Commonhold and Leasehold Reform Act 2002, | The definition of the premises over which the tenants of a self contained block of flats had the right to manage under the Commonhold and Leasehold Reform Act 2002 did not include shared estate facilities which were also used by other blocks of flats. The court determined that such an extension of the definition of premises would result in outcomes that were "absurd and unworkable" as, amongst other things, it would result in the tenants of the other flats having shared estate facilities provided by a right to manage company in which those other tenants did not have a legal relationship.[208][209] |
| PWR v Director of Public Prosecutions, Akdogan and another v Director of Public Prosecutions | [2022] UKSC 2 | 26 January 2022 | Terrorism Act 2000, Article 10 of the European Convention on Human Rights | Two points were decided namely:
|
| R (on the application of O (a minor, by her litigation friend AO)) v Secretary of State for the Home Department R (on the application of The Project for the Registration of Children as British Citizens) v Secretary of State for the Home Department |
[2022] UKSC 3 | 2 February 2022 | Ultra Vires, British Nationality Act 1981, Immigration Act 2014 | Parliament had authorised in primary legislation the imposition by subordinate legislation of a fee for the registration of a minor as a British Citizen.[212][213] |
| Public Prosecutors Office of the Athens Court of Appeal v O'Connor | [2022] UKSC 4 | 2 February 2022 | Statutory Interpretation, Extradition Act 2003 | Where a person's legal representative had stated orally in court that an appeal would be lodged against an extradition order this could not be attributed as an action of the person. As such the appeal to the previous judgement ordering the extradition was not valid as section 26(5) of the Extradition Act 2003 required that "the person did everything reasonably possible to ensure that the notice [of appeal] was given as soon as it could be given".[214][215] |
| Bloomberg LP v ZXC | [2022] UKSC 5 | 16 February 2022 | Misuse of private information, Article 8 of the European Convention on Human Rights, Article 10 of the European Convention on Human Rights | Two main issues were considered:
|
| Craig v Her Majesty's Advocate (for the Government of the United States of America) | [2022] UKSC 6 | 23 February 2022 | United Kingdom constitutional law, Scotland Act 1998, European Convention on Human Rights | The Lord Advocate (of Scotland) cannot order the extradition of a person if those acts would be incompatible with the persons rights under the European Convention on Human Rights. The failure by the Home Secretary to bring into force the forum bar provisions[b] in Scotland (having been brought into force in England, Wales and Northern Ireland) was unlawful. Therefore the extradition procedure did not accord with the Crime and Courts Act 2013 and were incompatible with the individuals rights under Article 8 of the European Convention on Human Rights.[218][219] |
| Croydon London Borough Council v Kalonga | [2022] UKSC 7 | 9 March 2022 | English land law, Housing Act 1985 | Two issued were decided
|
| Bott & Co Solicitors v Ryanair DAC | [2022] UKSC 8 | 16 March 2022 | Equitable Lien | A firm of solicitors (Bott & Co) had an equitable lien over the compensation paid by Ryanair for passenger compensation claims for flight cancellations and delays where Ryanair were on notice that Bott & Co had been retained in resect of the claims. A change of policy by Ryanair from makings payments to Bott & Co (who previously then deducted their fee under the equitable lien) to making payments directly to the individuals and the fact that the claims were unlikely to be subject to litigation did not prevent Bott & Co from having an equitable lien (the consequence of which being that Bott & Co could pursue Ryanair for the fees due from the individuals). Decided by way of a 3-2 majority.[222][223] |
| Commissioners for Her Majesty's Revenue and Customs v NCL Investments Ltd and another | [2022] UKSC 9 | 23 March 2022 | UK Corporation Tax, Corporation Tax Act 2009 | Accounting debits arising under International Financial Reporting Standard 2 (IFRS 2) were a deductible expense for the purpose of UK corporation tax. The court confirmed that:
|
| Commissioners for Her Majesty's Revenue and Customs v Coal Staff Superannuation Scheme Trustees Ltd | [2022] UKSC 10 | 27 April 2022 | EU Law, UK Tax Law, | The application of a deemed withholding tax on manufactured overseas dividends[d] on stock lending arrangements was not contrary to Article 63 of the Treaty on the Functioning of the European Union. As the counterparty borrowers to stock lending arrangements typically had sufficient withholding tax credits to fully offset on any deemed withholding tax on manufactured overseas dividends, the withholding tax could not be considered to discourage investment in foreign shares relative to UK shares by tax-exempt investors.[226][227] |
| R (on the application of Coughlan) v Minister for the Cabinet Office | [2022] UKSC 11 | 27 April 2022 | Voter identification laws, Representation of the People Act 2000 | Two main points were determined
|
| Zipvit Ltd v Commissioners for Her Majesty's Revenue and Customs | [2022] UKSC 12 | 11 May 2022 | UK Tax Law, Value Added Tax | Judgment following a referral to the Court of Justice of the European Union[e] (CJEU) in a previous supreme court case (see 2020 UKSC 15). The CJEU had confirmed that a trader could not recover VAT on supplies made to it where the original supplier and HMRC had mistakenly treated the original supplies as exempt from VAT as the VAT in question had not been 'due or paid'. The decision of the CJEU was affirmed by the supreme court by dismissing the taxpayers appeal.[230][231] |
| R v Maughan | [2022] UKSC 13 | 18 May 2022 | Criminal Law | Two matters in respect of sentencing policies were decided by the court:
|
| Competition and Markets Authority v Flynn Pharma Ltd Competition and Markets Authority v Pfizer Inc |
[2022] UKSC 14 | 25 May 2022 | Costs in English law | There is no generally applicable principle to provide that all public bodies should enjoy a protected costs position when they lose a case which they have brought or defended in the exercise of their public functions. A factor that should be considered in awarding costs in such circumstances is the risk that there will be a "chilling effect" on the conduct of the public body, and its ability to act in the public interest, where awards of costs are routinely made against it. This assessment is likely to be best made by the relevant court of tribunal in question, in this case the Competition Appeal Tribunal, who had acted reasonably in applying a "costs following the event" starting point.[234][235] |
| Secretary of State for the Home Department v SC | [2022] UKSC 15 | 15 June 2022 | Immigration law, UK Borders Act 2007, Article 3 of the European Convention on Human Rights | The court had to consider a number of matters in respect of an individual who had, together with his mother been granted indefinite leave to remain in the UK as a result of his mother having been persecuted by gang members in Jamaica but had subsequently committed criminal offences which would qualify the individual for deportation under the UK Borders Act 2007. Due to the threats against the individual and protections given by Article 3 of the European Convention on Human Rights, the individual could only be deported to Jamaica if the individual could reasonable be expected to stay in the rural areas of Jamaica ("internal relocation"). In considering deportation the court determined that:
|
| AIC Ltd v Federal Airports Authority of Nigeria | [2022] UKSC 16 | 15 June 2022 | Procedural law, Civil Procedure Rules | The court considered the discretion of a court to reconsider a judgement and order after it has been given but before the formal order has been sealed by the court. In such circumstances a judge faced with an application to reconsider is required to consider such an application in line with the overriding principle to deal with cases justly and at proportionate cost. However, significant weighting should be given to the finality principle, being that a judgement made is final, before a court should entertain reconsidering a judgement.[238][239] |
| In the matter H-W (Children) | [2022] UKSC 17 | 15 June 2022 | Children Act 1989 | A care order, in this case a care order made in relation to three children which approved care plans for removal of the children into separate long term foster placements, must be necessary to meet the needs of the children having regard to the advantages and disadvantages of all options. In considering the specific case, the court found that the process adopted by judge who originally made the care orders was flawed as it did not adequately assess the prospects of various other options. The case was therefore remitted to the lower courts of a rehearing.[240][241] |
| Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd Cornerstone Telecommunications Infrastructure Ltd v Ashloch Ltd and another On Tower UK Ltd v AP Wireless II (UK) Ltd |
[2022] UKSC 18 | 22 June 2022 | Property Law, Landlord and Tenant Act 1954, Electronic Communications Code | The court was required to determine who is the 'occupier of the land' in circumstances where a telecommunicators operator has been granted 'code rights[f]' which enabled them to install and operate network communications apparatus on land which is not owned by the telecommunications operator. The court found that the term must be given effect by reference to the intention of the Electronic Communications Code and therefore the occupier and operator at not one and the same and therefore an operator is not prevented from obtaining additional code rights in respect of the same land on which it already holds code rights.[242][243] |
| Hastings v Finsbury Orthopaedics Ltd and another | [2022] UKSC 19 | 29 June 2022 | Consumer Protection Act 1987 | A metal on metal prosthetic hip was found not to be defective in law. In considering whether the prosthetic hip was defective the court made the following key findings:
|
| Basfar v Wong | [2022] UKSC 20 | 6 July 2022 | Employment law, human trafficking, modern slavery, diplomatic immunity, Vienna Convention on Diplomatic Relations | A Saudi Arabian diplomat who alleged subjected a domestic staff member to conditions that would constitute modern slavery cannot rely on diplomatic immunity to prevent claims for compensation. In a majority opinion the court held that the exploitation of a domestic worker for the profit of a diplomat would constitute a 'commercial activity activity' and therefore would fall within once of the exemptions from immunity under the Vienna Convention on Diplomatic Relations.[246][247] |
| Harpur Trust v Brazel | [2022] UKSC 21 | 20 July 2022 | Employment law, Working Time Directive 2003 | Employees who only work for part of a given year (in this case a teacher who is only contracted to work during term time) are entitled to holiday pay on the same basis as employees who work all year.[248][249] |
See also[edit]
Notes[edit]
- ^ The 2021 judgement in X v Kuoni Travel Ltd is a further judgement to the case heard in 2019 (X v Kuoni Travel Ltd (UKSC 34)) following a decision of the Court of Justice of the European Union
- ^ The forum bar provisions are intended to prevent extradition from taking place where the offences could be fairly and effectively tried in the UK and where it is not in the interest of justice for the person to be extradited.
- ^ Note: Subsequent to the periods subject to this case statutory legislation was introduced from March 2013 to disallow the deduction of accounting debits under IFRS 2 or equivalent accounting standards
- ^ Manufactured overseas dividends are a concept under UK tax law in respect of returns made where a person (the lender) transfers the ownership of shares in a non-UK company to another person (the borrower) on terms such that the borrower repays the lending by way of the return of equivalent shares at the end of the lending person and the borrower receives a return that is economically equivalent to the dividends paid on the shares during the lending period.
- ^ Judgement of the CJEU released on 13 January 2022 with case reference C-156/20
- ^ Being rights covered by paragraph 9 of the Electronic Communications Code as set under the Communications Act 2003
References[edit]
- ^ Procedural issue before the main appeal reported at UKSC 15
- ^ This issue was heard by a diminished panel of 3 judges
- ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag ah ai aj ak al am an ao ap aq ar as at au av aw ax ay az ba bb bc bd be bf bg bh An augmented panel of 7 judges sat in this case
- ^ a b c d e f g h i j k l m n o An augmented panel of 9 judges sat in this case
- ^ This was an application made to the court to temporarily suspend the operation of an order made at [2010] UKSC 2
- ^ The court was asked to extend the terms of an anonymity order made at [2010] UKSC 24
- ^ The court made an order regarding the distribution of costs, main judgment at [2010] UKSC 14
- ^ This judgment was simply a clarification of details of an order made in the previous judgement at [2010] UKSC 45
- ^ The Master of the Rolls, Lord Neuberger also sat in on this case and gave a judgment that formed the unanimous majority.
- ^ a b Lord Rodger died before judgment was given in this case. He indicated that he would join the majority.
- ^ a b Judgment given outside of term time
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This article incorporates text published under the British Open Government Licence: https://www.supremecourt.uk