List of United Kingdom Supreme Court cases


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


Case name Citation Decided Legal subject Summary of decision
R (E) v JFS[1][2] [2009] UKSC 1 14 October Costs
Re Sigma Finance [2009] UKSC 2 29 October Insolvency
R (L) v Commissioner of Police of the Metropolis [2009] UKSC 3 29 October Police law, Article 8 ECHR
Louca v Germany [2009] UKSC 4 19 November European Arrest Warrants
In re B (A Child) (2009 ruling) [2009] UKSC 5 19 November Family law
OFT v Abbey National [2009] UKSC 6 25 November Consumer rights
PE (Cameroon) v Home Secretary [2009] UKSC 7 26 November Immigration
R (A) v Croydon [2009] UKSC 8 26 November Family law, Article 6 ECHR
R (Barclay) v Justice Secretary [2009] UKSC 9 1 December Government of Sark, Protocol 1, Article 3 ECHR
I (A Child) [2009] UKSC 10 1 December Jurisdiction
Environment Secretary v Meier & Ors [2009] UKSC 11 1 December Land law
R(A) v B [2009] UKSC 12 1 December State secrets, Article 10 ECHR
Barratt Homes Ltd v Welsh Water [2009] UKSC 13 9 December Water Industry Act 1991
R v Horncastle[3] [2009] UKSC 14 9 December Evidence, Article 6 ECHR
R (E) v JFS[4] [2009] UKSC 15 16 December Discrimination
Mahad (Ethiopia) v Entry Clearance Officer[3] [2009] UKSC 16 16 December Immigration
Re S-B (Children) [2009] UKSC 17 14 December Family law

2010 judgments


Case name Citation Date Legal subject Summary of decision
Re. Guardian News Media, in HM Treasury v Ahmed[3] [2010] UKSC 1 27 January Article 8, ECHR; Article 10, ECHR
HM Treasury v Ahmed[3] [2010] UKSC 2 27 January Terrorism; Asset freezing
Office of Communications v The Information Commissioner [2010] UKSC 3 27 January Freedom of information
Grays Timber Products Ltd v HM Revenue & Customs [2010] UKSC 4 3 February Tax law
HM Treasury v Ahmed (No 2)[3][5] [2010] UKSC 5 4 February Asset freezing
Allison v HM Advocate [2010] UKSC 6 10 February Criminal law of Scotland
McInnes v HM Advocate [2010] UKSC 7 10 February Criminal law of Scotland
Tomlinson v Birmingham CC [2010] UKSC 8 17 February Homelessness in England
Norris v USA[4] [2010] UKSC 9 24 February Extradition; Article 8, ECHR
Martin v HM Advocate [2010] UKSC 10 3 March Scottish Devolution
R (Lewis) v Redcar & Cleveland BC [2010] UKSC 11 3 March Town Greens
Re W (Children) [2010] UKSC 12 3 March Family Law
Agbaje v Akinnoye-Agbaje [2010] UKSC 13 10 March Family Law
RTS Flexible Systems Ltd v Molkerei Alois Müller GmbH [2010] UKSC 14 10 March Contract law
R (JS (Sri Lanka)) v Home Secretary [2010] UKSC 15 17 March Terrorism; Immigration
British Airways v Williams [2010] UKSC 16 24 March Employment law
R (F) v Home Secretary [2010] UKSC 17 21 April Sexual Offences Act 2003; Article 8, ECHR
Farstad Supply v Enviroco [2010] UKSC 18 5 May Negligence
Inveresk plc v Tullis Russell Papermakers [2010] UKSC 19 5 May Scots contract law
R (Sainsbury's Supermarkets Ltd) v Wolverhampton CC[3] [2010] UKSC 20 12 May Planning law
ZN (Afghanistan) v Entry Clearance Officer [2010] UKSC 21 12 May Immigration law
Roberts v Gill & Co [2010] UKSC 22 19 May Wills
OB v Aventis Pasteur SA [2010] UKSC 23 26 May Limitation periods
Home Secretary v AP[3] [2010] UKSC 24 16 June Control orders; Article 8, ECHR
MS (Palestinian Territories) v Home Secretary [2010] UKSC 25 16 June Immigration law
Home Secretary v AP (No 2)[3][6] [2010] UKSC 26 23 June Article 8, ECHR
JR17 (Judicial Review App.) [2010] UKSC 27 23 June Right to education
Austin v Southwark LBC [2010] UKSC 28 23 June Landlord-tenant law
R(Smith) v Defence Secretary[4] [2010] UKSC 29 30 June Article 2, ECHR; Jurisdictional law
R (Noone) v Drale Hall Prison [2010] UKSC 30 30 June Sentencing
HJ (Iran) and HT (Cameroon) v Home Secretary [2010] UKSC 31 7 July Immigration law
Southern Pacific Loans v Walker [2010] UKSC 32 7 July Consumer Credit Act 1974
A v Essex CC [2010] UKSC 33 14 July Right to education
O'Brien v Ministry of Justice [2010] UKSC 34 28 July Discrimination law
Bocardo SA v Star Energy UK [2010] UKSC 35 28 July Trespass
R (ZO (Somalia)) v Home Secretary [2010] UKSC 36 28 July Immigration law
Morrison Sports v Scottish Power [2010] UKSC 37 28 July Electricity Act 1989
RTS Flexible Systems Ltd v Molkerei Alois Müller GmbH (No 2)[7] [2010] UKSC 38 21 July Contract law
R v Rollins[3] [2010] UKSC 39 28 July Criminal law; Money laundering
R (Electoral Commission) v Westminster Magistrates' Court[3] [2010] UKSC 40 29 July Political Parties, Elections and Referendums Act 2000
Gisda Cyf v Barratt [2010] UKSC 41 13 October Employment law
Radmacher v Granatino[4] [2010] UKSC 42 20 October Prenuptial agreements
Cadder v HM Advocate[3] [2010] UKSC 43 26 October Criminal Procedure, Article 6 ECHR
Oceanbulk Shipping & Trading v TMT Asia[3] [2010] UKSC 44 27 October Contract law
Manchester CC v Pinnock[4] [2010] UKSC 45 3 November Housing, Article 8 ECHR
Dallah Real Estate & Tourism v Pakistan [2010] UKSC 46 3 November Arbitration, ICC
Multi-Link Leisure v North Lanarkshire Council [2010] UKSC 47 17 November Tenancy agreements
R v Maxwell [2010] UKSC 48 17 November Retrial
MA (Somalia) v Home Secretary [2010] UKSC 49 24 November Immigration law, Article 3 ECHR
RBS v Wilson [2010] UKSC 50 24 November Securities, Property law
Customs v Holland [2010] UKSC 51 24 November Company law, Insolvency
R v Chaytor[4] [2010] UKSC 52 1 December Parliamentary privilege, Parliamentary expenses
Spiller v Joseph [2010] UKSC 53 1 December Defamation, Fair comment
R (Child Poverty Action Group) v Secretary of State for Work and Pensions [2010] UKSC 54 8 December Housing benefit
Progress Property v Moorgarth Group [2010] UKSC 55 8 December Company law
Principal Reporter v K [2010] UKSC 56 15 December Family law; Article 8, ECHR
R (Edwards) v Environment Agency [2010] UKSC 57 15 December Costs
HM Revenue and Customs v DCC Holdings [2010] UKSC 58 15 December Tax law

2011 judgments


Case name Citation Date Legal subject Summary of decision
R (Coke-Wallis) v Institute of Chartered Accountants [2011] UKSC 1 19 January 2011 Employment law
Morge v Hampshire County Council [2011] UKSC 2 19 January 2011 Planning law
Yemshaw v Hounslow [2011] UKSC 3 26 January 2011 Homelessness; Domestic violence
ZH (Tanzania) v Home Secretary [2011] UKSC 4 1 February 2011 Children law; Immigration law
GPS Inc. v Syarikat Takaful Malaysia Berhad [2011] UKSC 5 1 February 2011 Maritime law
Manchester CC v Pinnock (No 2)[8] [2011] UKSC 6 9 February 2011 Article 8, ECHR; Landlord-tenant law
Brent LBC v Risk Management Partners [2011] UKSC 7 9 February 2011 Public procurement
Hounslow LBC v Powell[3] [2011] UKSC 8 23 February 2011 Article 8, ECHR; Homelessness
R v Forsyth [2011] UKSC 9 23 February 2011 Criminal law; International law
Sienkiewicz v Greif[3] [2011] UKSC 10 9 March 2011 Negligence
Patmalniece v Secretary for Work and Pensions [2011] UKSC 11 16 March 2011 Free movement of workers
WL (Congo) v Home Secretary[4] [2011] UKSC 12 23 March 2011 False imprisonment
Jones v Kaney[3] [2011] UKSC 13 30 March 2011 Expert witnesses
Duncombe v Schools Secretary [2011] UKSC 14 30 March 2011 Employment law
Communities Secretary v Welwyn Hatfield BC[3] [2011] UKSC 15 6 April 2011 Planning law
Farstad Supply v Enviroco [2011] UKSC 16 6 April 2011 Company law
Baker v Quantum Clothing Group [2011] UKSC 17 13 April 2011 Negligence
R (Adams) v Justice Secretary[3] [2011] UKSC 18 11 May 2011 Miscarriage of justice
HMRC v Tower MCashback[4] [2011] UKSC 19 11 May 2011 Tax law
McCaughey's Application for Judicial Review[3] [2011] UKSC 20 18 May 2011 Judicial review
R (GC) v Commissioner of Police of the Metropolis[3] [2011] UKSC 21 18 May 2011 DNA evidence, Article 8 ECHR
FA (Iraq) v Home Secretary [2011] UKSC 22 25 May 2011 EU law
SK(Zimbabwe) v Home Secretary [2011] UKSC 23 25 May 2011 Immigration law
Fraser v Her Majesty's Advocate [2011] UKSC 24 25 May 2011 Scots criminal law; Evidence
Bloomsbury v Sea Fish Industry Authority [2011] UKSC 25 15 June 2011 Fisheries Act 1981; Free movement of goods
Parkwood Leisure v Alemo-Herron [2011] UKSC 26 15 June 2011 TUPE
Re. E (Children) [2011] UKSC 27 10 June 2011 Family law
R (Cart) v The Upper Tribunal[3] [2011] UKSC 28 22 June 2011 Judicial review
Eba v Advocate General for Scotland[3] [2011] UKSC 29 22 June 2011 Judicial review
R (G) v The Governors of X School [2011] UKSC 30 29 June 2011 Article 6, ECHR
NML Capital Ltd v Republic of Argentina [2011] UKSC 31 6 July 2011 State immunity
Scottish Widows plc v Commissioners for Her Majesty's Revenue and Customs[9] [2011] UKSC 32 6 July 2011 Company law
R (McDonald) v Royal Borough of Kensington and Chelsea [2011] UKSC 33 6 July 2011 Assisted living
Al Rawi v The Security Service[4][10] [2011] UKSC 34 13 July 2011 Secret trial
Home Office v Tariq[4][10] [2011] UKSC 35 13 July 2011 Secret trial
Duncombe v Secretary of State for Children, Schools and Families (no. 2) [2011] UKSC 36 15 July 2011 Employment law
R v Smith [2011] UKSC 37 20 July 2011 Criminal law
Belmont Park Investments PTY Ltd v BNY Corporate Trustee Services Ltd and Lehman Brothers Special Financing Inc [2011] UKSC 38 27 July 2011 Insolvency law
Lucasfilm Ltd v Ainsworth [2011] UKSC 39 27 July 2011 Intellectual property
Jivraj v Hashwani [2011] UKSC 40 27 July 2011 Discrimination in employment
Autoclenz Ltd v Belcher [2011] UKSC 41 27 July 2011 Employment law
Houldsworth v Bridge Trustees Ltd and Secretary of State for Work and Pensions [2011] UKSC 42 27 July 2011 Pensions law
HM Advocate v Ambrose & Ors [2011] UKSC 43 6 October 2011 Right to counsel; Article 6, ECHR
HM Advocate v P [2011] UKSC 44 6 October 2011 Right to counsel; Article 6, ECHR
R (Bibi) v Secretary of State for the Home Department [2011] UKSC 45 12 October 2011 Immigration law; Article 8, ECHR
AXA General Insurance Ltd v The Lord Advocate [2011] UKSC 46 12 October 2011 Negligence
R (Gaines-Cooper) v Commissioners for Her Majesty's Revenue and Customs [2011] UKSC 47 19 October 2011 Tax law
Re. Kaupthing Singer & Friedlander Ltd and Re the Insolvency Act 1986 [2011] UKSC 48 19 October 2011 Insolvency law
Gale v Serious Organised Crime Agency [3] [2011] UKSC 49 26 October 2011 Criminal law
Rainy Sky SA v Kookmin Bank [2011] UKSC 50 2 November 2011 Contract law
Human Genome Sciences Inc v Eli Lilly & Co. [2011] UKSC 51 2 November 2011 Intellectual property
Berrisford v Mexfield Housing Co-operative Ltd[3] [2011] UKSC 52 9 November 2011 Land law
Jones v Kernott [2011] UKSC 53 9 November 2011 Land law
McGowan v B [2011] UKSC 54 23 November 2011 Right to counsel; Article 6, ECHR
Jude v HM Advocate [2011] UKSC 55 23 November 2011 Right to counsel; Article 6, ECHR
Aberdeen City Council v Stewart Milne Group Ltd [2011] UKSC 56 7 December 2011 Land law
Russell v Transocean International Resources Ltd [2011] UKSC 57 7 December 2011 Working Time Regulations 1998
Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2011] UKSC 58 14 December 2011 Employment law
R v Gnango [2011] UKSC 59 14 December 2011 Criminal law
Secretary of State for Work and Pensions v Payne [2011] UKSC 60 14 December 2011 Insolvency law

2012 judgments


Case name Citation Date Legal subject Summary of decision
Ravat v Halliburton Manufacturing and Services Ltd [2012] UKSC 1 8 February 2012 Jurisdiction; Employment law
Rabone v Pennine Care NHS Trust [2012] UKSC 2 8 February 2012 Article 2, ECHR
Re. Stanford International Bank Ltd v Director of the Serious Fraus Office [2012] UKSC 3 15 February 2012 Restraint order
Sugar v British Broadcasting Corporation [2012] UKSC 4 15 February 2012 Freedom of information
Re Peacock [2012] UKSC 5 22 February 2012 Proceeds of Crime Act 2002
Re Lehman Brothers International and Re the Insolvency Act 1986 [2012] UKSC 6 29 February 2012 Insolvency law
Anderson v Shetland Islands Council [2012] UKSC 7 29 February 2012 Security for costs
W and BB v Secretary of State for the Home Department [2012] UKSC 8 7 March 2012 Immigration law
Ministry of Defence v AB[3] [2012] UKSC 9 14 March 2012 Limitation Act 1980
Re S (A Child) [2012] UKSC 10 14 March 2012 Child abduction
Flood v Times Newspapers Ltd [2012] UKSC 11 21 March 2012 Defamation
R (ST) v Secretary of State for the Home Department[3] [2012] UKSC 12 21 March 2012 Immigration law
Tesco Stores Ltd v Dundee City Council [2012] UKSC 13 21 March 2012 Planning law
BAI (Run Off) Ltd v Durham (The Trigger Litigation) [2012] UKSC 14 28 March 2012 Insurance law; Negligence
Homer v Chief Constable of West Yorkshire Police [2012] UKSC 15 25 April 2012 Labour law It was a violation of the Equality Act 2010 to require a policeman to have a law degree close to retirement to continue in a similar job.
Seldon v Clarkson Wright and Jakes [2012] UKSC 16 25 April 2012 Labour law There was no unjustified indirect discrimination under the Equality Act 2010 by a firm having a policy of requiring partners to retire at a certain age, since this enabled young people to advance.
Petroleo Brasileiro SA v E.N.E. Kos 1 Ltd [2012] UKSC 17 2 May 2012 Maritime law
Humphreys v Commissioners for Her Majesty's Revenue and Customs [2012] UKSC 18 16 May 2012 Tax credit
Test Claimants in the Franked Investment Income Group Litigation v Commissioners of Inland Revenue[3] [2012] UKSC 19 23 May 2012 Corporation tax
Lukaszewski v The District Court in Torun, Poland [2012] UKSC 20 23 May 2012 European Arrest Warrant
NJDB v JEG [2012] UKSC 21 23 May 2012 Family law
Assange v The Swedish Prosecution Authority[3] [2012] UKSC 22 30 May 2012 European Arrest Warrant
R (KM) v Cambridgeshire County Council[3] [2012] UKSC 23 31 May 2012 Disability law
BH v The Lord Advocate[3] [2012] UKSC 24 20 June 2012 Extradition; Article 8, ECHR
HH v Deputy Prosecutor of the Italian Republic, Genoa[3] [2012] UKSC 25 20 June 2012 European Arrest Warrant
Fairclough Homes Ltd v Summers [2012] UKSC 26 27 June 2012 Criminal law
Oracle America Inc (Formerly Sun Microsystems Inc) v M-Tech Data Ltd [2012] UKSC 27 27 June 2012 Free movement of goods
Phillips v Mulcaire [2012] UKSC 28 4 July 2012 Phone hacking
Gow v Grant [2012] UKSC 29 4 July 2012 Family law
ANS v ML [2012] UKSC 30 11 July 2012 Family law; Article 8, ECHR
G Hamilton (Tullochgribban Mains) Ltd v The Highland Council [2012] UKSC 31 11 July 2012 Planning law
R (Munir) v Secretary of State for the Home Department [2012] UKSC 32 18 July 2012 Immigration law
R (Alvi) v Secretary of State for the Home Department [2012] UKSC 33 18 July 2012 Immigration law
The Health and Safety Executive v Wolverhampton City Council [2012] UKSC 34 18 July 2012 Judicial review
Perry v Serious Organised Crime Agency[4] [2012] UKSC 35 25 July 2012 Proceeds of Crime Act 2002
T (Children) [2012] UKSC 36 25 July 2012 Costs
Hewage v Grampian Health Board [2012] UKSC 37 25 July 2012 Employment law
RT v Secretary of State for the Home Department[3] [2012] UKSC 38 25 July 2012 Immigration law
Solihull Metropolitan Borough Council v Hickin [2012] UKSC 39 25 July 2012 Landlord-tenant law
SerVaas Inc v Rafidain Bank [2012] UKSC 40 17 August 2012 State Immunity Act 1978
Day v Hosebay Ltd[3] [2012] UKSC 41 10 October 2012 Leasehold Reform Act 1967
R v Varma [2012] UKSC 42 10 October 2012 Proceeds of Crime Act 2002
British Airways plc v Williams [2012] UKSC 43 17 October 2012 Employment law
Walton v The Scottish Ministers [2012] UKSC 44 17 October 2012 Planning law
BCL Old Co Ltd v BASF plc [2012] UKSC 45 24 October 2012 Competition law
Rubin v Eurofinance SA [2012] UKSC 46 24 October 2012 Jurisdiction
Birmingham City Council v Abdulla [2012] UKSC 47 24 October 2012 Employment law
Secretary of State for Foreign and Commonwealth Affairs v Yunus Rahmatullah[3] [2012] UKSC 48 31 October 2012 Habeas corpus
Jessy Saint Prix v Secretary of State for Work and Pensions [2012] UKSC 49 31 October 2012 Employment law
Morris v Rae [2012] UKSC 50 7 November 2012 Contract law
R v Waya[4] [2012] UKSC 51 14 November 2012 Proceeds of Crime Act 2002
R (Gujra) v Crown Prosecution Service [2012] UKSC 52 14 November 2012 Private prosecution
Local Government Byelaws (Wales) Bill 2012 - Reference by the Attorney General for England and Wales [2012] UKSC 53 21 November 2012 Welsh devolution
Al-Sirri v Secretary of State for the Home Department [2012] UKSC 54 21 November 2012 Immigration law
The Rugby Football Union v Consolidated Information Services Ltd (Formerly Viagogo Ltd) [2012] UKSC 55 21 November 2012 Charter of Fundamental Rights of the European Union
The Catholic Child Welfare Society v Various Claimants and The Institute of the Brothers of the Christian Schools [2012] UKSC 56 21 November 2012 Vicarious liability
Ruddy v Chief Constable, Strathclyde Police [2012] UKSC 57 28 November 2012 Article 3, ECHR
RM v The Scottish Ministers [2012] UKSC 58 28 November 2012 Judicial review
X v Mid Sussex Citizens Advice Bureau [2012] UKSC 59 12 December 2012 Employment law
Re A (A Child) [2012] UKSC 60 12 December 2012 Family law
Imperial Tobacco Ltd v The Lord Advocate [2012] UKSC 61 12 December 2012 Scottish devolution
Kinloch v Her Majesty's Advocate [2012] UKSC 62 19 December 2012 Article 6, ECHR; Article 8, ECHR
Société Générale, London Branch v Geys [2012] UKSC 63 19 December 2012 Employment law

2013 judgments


Case name Citation Date Legal subject Summary of decision
R (Prudential plc) v Special Commissioner of Income Tax[3] [2013] UKSC 1 23 January 2013 Legal advice privilege
Zakrzewski v The Regional Court in Lodz, Poland [2013] UKSC 2 23 January 2013 European arrest warrant
Lloyds TSB Foundation for Scotland v Lloyds Banking Group Plc [2013] UKSC 3 23 January 2013 Deed law
B (Algeria) v Secretary of State for the Home Department [2013] UKSC 4 30 January 2013 Sentencing
VTB Capital plc v Nutritek International Corp [2013] UKSC 5 6 February 2013 Company law
O'Brien v Ministry of Justice (Formerly the Department for Constitutional Affairs) [2013] UKSC 6 6 February 2013 Employment law
Re Digital Satellite Warranty Cover Ltd v Financial Services Authority [2013] UKSC 7 13 February 2013 Company law
Re L and B (Children) [2013] UKSC 8 20 February 2013 Family law
Re J (Children)[3] [2013] UKSC 9 20 February 2013 Family law
Sharif v The London Borough of Camden [2013] UKSC 10 20 February 2013 Homelessness law
The Financial Services Authority v Sinaloa Gold plc [2013] UKSC 11 27 February 2013 Financial Services and Markets Act 2000
Davies v The Scottish Commission for the Regulation of Care [2013] UKSC 12 27 February 2013 Care law
Joint Administrators of Heritable Bank plc v The Winding-Up Board of Landsbanki Islands HF [2013] UKSC 13 27 February 2013 Insolvency law
Daejan Investments Ltd v Benson [2013] UKSC 14 6 March 2013 Landlord-tenant law
Her Majesty's Revenue and Customs v Aimia Coalition Loyalty UK Ltd (No 1) [2013] UKSC 15 13 March 2013 Tax law
Schütz (UK) Ltd v Werit (UK) Ltd [2013] UKSC 16 13 March 2013 Intellectual property law
Hayes v Willoughby [2013] UKSC 17 20 March 2013 Protection from Harassment Act 1997
Public Relations Consultants Association Ltd v The Newspaper Licensing Agency Ltd [2013] UKSC 18 17 April 2013 Copyright law
Jones (by Caldwell) v First Tier Tribunal and Criminal Injuries Compensation Authority [2013] UKSC 19 17 April 2013 Criminal Injuries Compensation Authority
Barts and the London NHS Trust v Verma [2013] UKSC 20 24 April 2013 Employment law
Uprichard v Scottish Ministers [2013] UKSC 21 24 April 2013 Planning law
Salvesen v Riddell [2013] UKSC 22 24 April 2013 Scottish devolution
R (Faulkner) v Secretary of State for Justice [2013] UKSC 23 1 May 2013 Criminal law
WHA Ltd v Her Majesty's Revenue and Customs [2013] UKSC 24 1 May 2013 Tax law
R (ClientEarth) v Secretary of State for the Environment, Food and Rural Affairs [2013] UKSC 25 1 May 2013 Environmental law
Futter v The Commissioners for Her Majesty's Revenue and Customs[3] [2013] UKSC 26 9 May 2013 Trust law
SL v Westminster City Council [2013] UKSC 27 9 May 2013 Judicial review; National Assistance Act 1948
BNY Corporate Trustee Services Ltd v Neuberger Berman Europe Ltd [2013] UKSC 28 9 May 2013 Insolvency law
The President of the Methodist Conference v Preston [2013] UKSC 29 15 May 2013 Employment law
Commissioners for Her Majesty's Revenue and Customs v Marks and Spencer plc [2013] UKSC 30 22 May 2013 Company law
Vestergaard Frandsen v Bestnet Europe Ltd [2013] UKSC 31 22 May 2013 Breach of confidence
Public Prosecution Service of Northern Ireland v Elliott [2013] UKSC 32 22 May 2013 Policing and Crime Act 2009
Re B (A Child) [2013] UKSC 33 12 June 2013 Family law
Prest v Petrodel Resources Ltd[3] [2013] UKSC 34 12 June 2013 Family law
Ust-Kamenogorsk Hydropower Plant JSC v AES Ust-Kamenogorstk Hydropower Plant LLP [2013] UKSC 35 12 June 2013 Jurisdiction
O'Neill No 2 v Her Majesty's Advocate [2013] UKSC 36 13 June 2013 Article 6, ECHR
Apollo Engineering Ltd v James Scott Ltd [2013] UKSC 37 13 June 2013 Jurisdiction
Bank Mellat v Her Majesty's Treasury (No. 1)[4] [2013] UKSC 38 19 June 2013 Closed material procedures
Bank Mellat v Her Majesty's Treasury (No. 2)[4] [2013] UKSC 39 19 June 2013 Closed material procedures
Cusack v London Borough of Harrow [2013] UKSC 40 19 June 2013 Highways Act 1980
Smith v The Ministry of Defence[3] [2013] UKSC 41 19 June 2013 Jurisdiction; Article 2, ECHR; Negligence
Her Majesty's Revenue and Customs v Aimia Coalition Loyalty UK Ltd (No. 2) [2013] UKSC 42 20 June 2013 Tax law
R v Brown [2013] UKSC 43 26 June 2013 Criminal law of Northern Ireland
Abela v Baadarani [2013] UKSC 44 26 June 2013 Civil Procedure Rules
North v Dumfries and Galloway Council [2013] UKSC 45 26 June 2013 Employment law
Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd [2013] UKSC 46 3 July 2013 Intellectual property law
R (Sturnham) v The Parole Board of England and Wales [2013] UKSC 47 3 July 2013 Criminal law
Kapri v The Lord Advocate representing The Government of the Republic of Albania [2013] UKSC 48 10 July 2013 Extradition; Article 6, ECHR
R (AA) v Secretary of State for the Home Department [2013] UKSC 49 10 July 2013 Immigration law
Benedetti v Sawiris [2013] UKSC 50 17 July 2013 Unjust enrichment
R (New London College Ltd) v Secretary of State for the Home Department [2013] UKSC 51 17 July 2013 Immigration law
Re Nortel Companies [2013] UKSC 52 24 July 2013 Pensions Act 2004, insolvency law
R (Modaresi) v Secretary of State for Health [2013] UKSC 53 24 July 2013 Mental Health Act 1983
Daejan Investments Ltd v Benson (No. 2) [2013] UKSC 54 24 July 2013 Landlord-tenant law
South Lanarkshire Council v The Scottish Information Commissioner [2013] UKSC 55 29 July 2013 Freedom of information
R v Hughes [2013] UKSC 56 31 July 2013 Criminal law
Teal Assurance Company Ltd v W R Berkley Insurance Ltd [2013] UKSC 57 31 July 2013 Professional liability insurance
McGraddie v McGraddie [2013] UKSC 58 31 July 2013 Findings of fact
Torfaen County Borough Council v Douglas Willis Ltd [2013] UKSC 59 31 July 2013 Food Safety Act 1990
Re A (Children) [2013] UKSC 60 9 September 2013 Jurisdiction
Osborn v The Parole Board [2013] UKSC 61 9 October 2013 Article 5, ECHR
Secretary of State for the Home Department v Al-Jedda [2013] UKSC 62 9 October 2013 Immigration law
McGeoch v The Lord President of the Council[3] [2013] UKSC 63 16 October 2013 Prisoner voting
R v Gul[3] [2013] UKSC 64 23 October 2013 Terrorism Act 2000
Szepietowski v The National Crime Agency [2013] UKSC 65 23 October 2013 Proceeds of Crime Act 2002
Woodland v Essex County Council [2013] UKSC 66] 23 October 2013 Tort law A school was liable for the failure of a swimming instructor contractor to take care of children, even though pupils and parents have no contract with the school.
Aintree University Hospitals NHS Foundation Trust v James [2013] UKSC 67 30 October 2013 Medical law
R (Reilly) v Secretary of State for Work and Pensions [2013] UKSC 68 30 October 2013 Jobseeker's Allowance
Cotter v Commissioners For Her Majesty's Revenue & Customs [2013] UKSC 69 6 November 2013 Tax law
The Alexandros T [2013] UKSC 70 6 November 2013 Jurisdiction; Shipping law
Sakalis v Ministry of Justice, Lithuania [2013] UKSC 71 20 November 2013 European Arrest Warrant
Patel v Secretary of State for the Home Department [2013] UKSC 72 20 November 2013 Immigration law
Bull v Hall [2013] UKSC 73 27 November 2013 Equality Act (Sexual Orientation) Regulations
Zoumbas v Secretary of State for the Home Department [2013] UKSC 74 27 November 2013 Immigration law
Re KL (A Child) [2013] UKSC 75 4 December 2013 Hague Convention on the Civil Aspects of International Child Abduction
Re an application by Martin Corey for Judicial Review [2013] UKSC 76 4 December 2013 Northern Irish criminal law
R (Hodkin) v Registrar-General of Births, Deaths and Marriages [2013] UKSC 77 11 December 2013 Family law
R (Edwards) v Environment Agency (No. 2) [2013] UKSC 78 11 December 2013 Costs
G v Scottish Ministers [2013] UKSC 79 18 December 2013 Mental Health (Care and Treatment) (Scotland) Act 2003
West London Mental Health NHS Trust v Chhabra [2013] UKSC 80 18 December 2013 Patient confidentiality; Employment law
AA (Somalia) v Entry Clearance Officer (Addis Ababa) [2013] UKSC 81 18 December 2013 Immigration law

2014 judgments


Case name Citation Date Legal subject Summary of decision
Re LC (Children) [2014] UKSC 1 15 January 2014 Hague Convention on the Civil Aspects of International Child Abduction
Marley v Rawlings [2014] UKSC 2 22 January 2014 Wills
R (HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3 22 January 2014 Judicial review
Re an application of Raymond Brownlee for Judicial Review [2014] UKSC 4 5 February 2014 Legal aid
R v Mackle (Nos. 1, 2 and 3), and R v McLaughlin [2014] UKSC 5 29 January 2014 Evasion of customs duty
I.A. v The Secretary of State for the Home Department [2014] UKSC 6 29 January 2014 Immigration law
Adamson v Paddico (267) Ltd [2014] UKSC 7 5 February 2014 Village greens
Richardson v DPP [2014] UKSC 8 5 February 2014 Criminal law
Cramaso LLP v Ogilvie-Grant, Earl of Seafield [2014] UKSC 9 12 February 2014 Delict
Williams v Central Bank of Nigeria [2014] UKSC 10 19 February 2014 Trusts; Fraud; Jurisdiction
Commissioners for Her Majesty's Revenue and Customs v Marks and Spencer plc [2014] UKSC 11 19 February 2014 Corporate tax
R (EM (Eritrea)) v Secretary of State for the Home Department [2014] UKSC 12 19 February 2014 Immigration law; Article 3, ECHR
Coventry v Lawrence [2014] UKSC 13 26 February 2014 Legal Expenses Insurance; Article 6, ECHR
Commissioners for Her Majesty's Revenue and Customs v Forde and McHugh Ltd [2014] UKSC 14 26 February 2014 National Insurance
Stott v Thomas Cook Tour Operators Ltd [2014] UKSC 15 5 March 2014 Montreal Convention
Commissioners for Her Majesty's Revenue and Customs v Secret Hotels2 Ltd (formerly Med Hotels Ltd) [2014] UKSC 16 5 March 2014 Value Added Tax
R (British Sky Broadcasting Ltd) v The Commissioner of Police of the Metropolis [2014] UKSC 17 12 March 2014 Secret trial
Dunhill v Burgin [2014] UKSC 18 12 March 2014 Negligence
P v v Cheshire West and Chester Council[3] [2014] UKSC 19 19 March 2014 Mental Capacity Act 2005
Kennedy v The Charity Commission[3] [2014] UKSC 20 26 March 2014 Freedom of information
Durkin v DSG Retail Ltd [2014] UKSC 21 26 March 2014 Consumer protection law
Cox v Ergo Versicherung AG (formerly known as Victoria) [2014] UKSC 22 2 April 2014 Jurisdiction
R v O'Brien [2014] UKSC 23 2 April 2014 Extradition Act 2003
British Telecommunications plc v Telefónica O2 Ltd [2014] UKSC 24 9 April 2014 Competition law
A v British Broadcasting Corporation [2014] UKSC 25 8 May 2014 Article 10, ECHR
Barnes v The Eastenders Group [2014] UKSC 26 8 May 2014 Receivership
L Batley Pet Products Ltd v North Lanarkshire Councilt [2014] UKSC 27 8 May 2014 Contract law
R (Fitzroy George) v The Secretary of State for the Home Department [2014] UKSC 28 14 May 2014 Immigration law
Re K (A Child) [2014] UKSC 29 15 May 2014 Hague Convention on the Civil Aspects of International Child Abduction
Secretary of State for Home Department v MN and KY [2014] UKSC 30 21 May 2014 Immigration law
R (Barkas) v North Yorkshire County Council [2014] UKSC 31 21 May 2014 Village green
Clyde & Co LLP v Winkelhof [2014] UKSC 32 21 May 2014 Employment law
Khaira v Shergill [2014] UKSC 33 11 June 2014 Trust law
R (Eastenders Cash and Carry plc) v The Commissioners for Her Majesty's Revenue and Customs [2014] UKSC 34 11 June 2014 HM Customs and Excise
R (T) v Secretary of State for the Home Department [2014] UKSC 35 18 June 2014 Rehabilitation of Offenders Act 1974
R v Ahmad [2014] UKSC 36 18 June 2014 Proceeds of Crime Act 2002
R (Nunn) v Chief Constable of Suffolk Constabulary [2014] UKSC 37 18 June 2014 Evidence
R (Nicklinson) v Ministry of Justice[4] [2014] UKSC 38 25 June 2014 Assisted suicide
R (Whiston) v Secretary of State for Justice [2014] UKSC 39 2 July 2014 Article 5, ECHR
The Manchester Ship Canal Company Ltd v United Utilities Water plc [2014] UKSC 40 2 July 2014 Water Industry Act 1991
Henderson v Foxworth Investments Ltd [2014] UKSC 41 2 July 2014 Insolvency law
British Telecommunications plc v Telefónica O2 Ltd [2014] UKSC 42 9 July 2014 Competition law
Agricultural Sector (Wales) Bill - Reference by the Attorney General for England and Wales [2014] UKSC 43 9 July 2014 Devolution in Wales
R (Sandiford) v The Secretary of State for Foreign and Commonwealth Affairs [2014] UKSC 44 16 July 2014 Lindsay Sandiford case; Consular assistance
FHR European Ventures LLP v Cedar Capital Partners LLC[3] [2014] UKSC 45 16 July 2014 Duties of a fiduciary
Coventry v Lawrence (No. 2) [2014] UKSC 46 23 July 2014 Injunctions; Article 6, ECHR
Hounga v Allen [2014] UKSC 47 30 July 2014 Employment law
David T Morrison & Co Ltd t/a Gael Home Interiors v ICL Plastics Ltd [2014] UKSC 48 30 July 2014 Delict
Healthcare at Home Ltd v The Common Services Agency [2014] UKSC 49 30 July 2014 Procurement
Robertson v Swift [2014] UKSC 50 9 September 2014 Consumer protection law
Marley v Rawlings (Costs) [2014] UKSC 51 18 September 2014 Costs
Scott v Southern Pacific Mortgages Ltd [2014] UKSC 52 22 October 2014 Sale and rent back
McDonald v National Grid Electricity Transmission Plc [2014] UKSC 53 22 October 2014 Mesothelioma; Negligence
R (Barclay) v Secretary of State for Justice and Lord Chancellor [2014] UKSC 54 22 October 2014 Jurisdiction
Les Laboratoires Servier v Apotex Inc [2014] UKSC 55 29 October 2014 Ex turpi causa
R (Moseley) v London Borough of Haringey [2014] UKSC 56 29 October 2014 Council tax
Telchadder v Wickland Holdings Ltd [2014] UKSC 57 5 November 2014 Occupiers' liability
AIB Group (UK) v Mark Redler & Co Solicitors [2014] UKSC 58 5 November 2014 Breach of trust
VB v Westminster Magistrates' Court [2014] UKSC 59 5 November 2014 Secret trial; Article 6, ECHR
R (Lord Carlile of Berriew QC) v Secretary of State for the Home Department [2014] UKSC 60 12 November 2014 Article 10, ECHR
Plevin v Paragon Personal Finance Ltd [2014] UKSC 61 12 November 2014 Payment protection insurance
R (ZH and CN) v London Borough of Newham and London Borough of Lewisham[3] [2014] UKSC 62 12 November 2014 Homelessness
Sims v Dacorum Borough Council[3] [2014] UKSC 63 12 November 2014 Landlord-tenant law
HRH Prince Abdulaziz Bin Mishal Bin Abdulaziz v Apex Global Management Ltd [2014] UKSC 64 26 November 2014 Company law
Loveridge v Mayor and Burgesses of the London Borough of Lambeth [2014] UKSC 65 3 December 2014 Eviction
R (Haney, Kaiyam & Massey) v Secretary of State for Justice [2014] UKSC 66 10 December 2014 Sentencing; Article 5, ECHR
Moohan v The Lord Advocate[3] [2014] UKSC 67 17 December 2014 Prisoners' voting
Greater Glasgow Health Board v Doogan [2014] UKSC 68 17 December 2014 Abortion; Conscientious objection

2015 judgments


Case name Citation Date Legal subject Summary of decision
McGraddie v McGraddie (Costs) [2015] UKSC 1 28 January 2015 After-the-event insurance
Michael v The Chief Constable of South Wales Police[3] [2015] UKSC 2 28 January 2015 Negligence; Article 2, ECHR
Recovery of Medical Costs for Asbestos Diseases (Wales) Bill - Reference by the Counsel General for Wales [2015] UKSC 3 9 February 2015 Welsh devolution
Sustainable Shetland v The Scottish Ministers [2015] UKSC 4 9 February 2015 Planning law
Jackson v Murray [2015] UKSC 5 18 February 2015 Contributory negligence
R (Rotherham Metropolitan Borough Council) v Secretary of State for Business, Innovation and Skills[3] [2015] UKSC 6 25 February 2015 Judicial review; European Structural Funds
R (Newhaven Port & Properties Ltd) v East Sussex County Council [2015] UKSC 7 25 February 2015 Village green
R (Jamar Brown (Jamaica)) v The Secretary of State for the Home Department [2015] UKSC 8 4 March 2015 Immigration law
R (Catt) v Commissioner of Police of the Metropolis [2015] UKSC 9 4 March 2015 Data Protection Act 1998; Article 8, ECHR
Sea Shepherd UK v Fish & Fish Ltd [2015] UKSC 10 4 March 2015 Tort
Montgomery v Lanarkshire Health Board[3] [2015] UKSC 11 11 March 2015 Medical law
Tael One Partners Ltd v Morgan Stanley & Co International PLC [2015] UKSC 12 11 March 2015 Contractual conditions
Carlyle v Royal Bank of Scotland PLC [2015] UKSC 13 11 March 2015 Scottish contract law
Wyatt v Vince [2015] UKSC 14 11 March 2015 Divorce law
Akerman-Livingstone v Aster Communities Ltd (formerly Flourish Homes Ltd) [2015] UKSC 15 11 March 2015 Equality Act 2010; Article 8, ECHR
R (SG) v Secretary of State for Work and Pensions [2015] UKSC 16 18 March 2015 Welfare Reform Act 2012; Article 14, ECHR
Braganza v BP Shipping Ltd [2015] UKSC 17 18 March 2015 Fatal Accidents Act 1976
R (Trail Riders Fellowship) v Dorset County Council [2015] UKSC 18 18 March 2015 Public rights of way
Pham v Secretary of State for the Home Department[11] [2015] UKSC 19 25 March 2015 Immigration law
Re S (A Child) [2015] UKSC 20 25 March 2015 Costs
R (Evans) v Attorney General[11] [2015] UKSC 21 26 March 2015 Freedom of Information Act 2000
Nzolameso v City of Westminster [2015] UKSC 22 2 April 2015 Homelessness
Jetivia SA v Bilta (UK) Ltd[11] [2015] UKSC 23 22 April 2015 Insolvency law
R v GH [2015] UKSC 24 22 April 2015 Proceeds of Crime Act 2002
R (Hemming) v Westminster City Council [2015] UKSC 25 29 April 2015 Licensed sex shop
University and College Union v The University of Stirling [2015] UKSC 26 29 April 2015 Redundancy law
Trustees of the Olympic Airlines SA Pension and Life Assurance Scheme v Olympic Airlines SA [2015] UKSC 27 29 April 2015 Pension Protection Fund
R (ClientEarth) v Secretary of State for the Environment, Food and Rural Affairs [2015] UKSC 28 29 April 2015 Environmental law
Gaughran v Chief Constable of the Police Service of Northern Ireland [2015] UKSC 29 13 May 2015 DNA database; Article 8, ECHR
Hotak v London Borough of Southwark [2015] UKSC 30 13 May 2015 Homelessness
Starbucks (HK) Ltd v British Sky Broadcasting Group plc [2015] UKSC 31 13 May 2015 Passing off
Rhodes v OPO [2015] UKSC 32 20 May 2015 Freedom of expression
Zurich Insurance PLC UK Branch v International Energy Group Ltd[11] [2015] UKSC 33 20 May 2015 Mesothelioma
Haile v London Borough of Waltham Forest [2015] UKSC 34 20 May 2015 Homelessness
AR v RN [2015] UKSC 35 22 May 2015 Hague Convention on the Civil Aspects of International Child Abduction
Arnold v Britton [2015] UKSC 36 10 June 2015 Contract law
Commissioners for Her Majesty's Revenue and Customs v Pendragon plc [2015] UKSC 37 10 June 2015 VAT
Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc [2015] UKSC 38 17 June 2015 Contract law
BPE Solicitors v Gabriel [2015] UKSC 39 17 June 2015 Costs
TN and MA (Afghanistan) v Secretary of State for the Home Department [2015] UKSC 40 24 June 2015 Immigration law
R (Lumsdon) v Legal Services Board [2015] UKSC 41 24 June 2015 Judicial review
In re JR38 [2015] UKSC 42 1 July 2015 Article 8, ECHR
Bunge SA v Nidera BV [2015] UKSC 43 1 July 2015 Contract law
Anson v Commissioners for Her Majesty's Revenue and Customs [2015] UKSC 44 1 July 2015 Tax law
Edenred (UK Group) Ltd v HM Treasury [2015] UKSC 45 1 July 2015 Public procurement
R (Cornwall Council) v Somerset County Council [2015] UKSC 46 8 July 2015 National Assistance Act 1948
Mathieson v Secretary of State for Work and Pensions [2015] UKSC 47 8 July 2015 Disability Living Allowance, EU law
Commissioners for Her Majesty's Revenue and Customs v The Rank Group PLC [2015] UKSC 48 8 July 2015 VAT
Beghal v DPP [2015] UKSC 49 22 July 2015 Terrorism Act 2000
Coventry v Lawrence (No. 3) [2015] UKSC 50 22 July 2015 Costs; Article 6, ECHR
Hunt v North Somerset Council [2015] UKSC 51 22 July 2015 Judicial review
R (Champion) v North Norfolk District Council [2015] UKSC 52 22 July 2015 Planning law; Habitats Directive
Woolway v Mazars [2015] UKSC 53 29 July 2015 Hereditament
R (Bourgass) v Secretary of State for Justice [2015] UKSC 54 29 July 2015 Prison
Secretary of State for Work and Pensions v Tolley [2015] UKSC 55 29 July 2015 Disability Living Allowance
John Mander Pension Scheme Trustees Ltd v Commissioners for Her Majesty's Revenue and Customs [2015] UKSC 56 29 July 2015 Pension schemes
R (Tigere) v Secretary of State for Business, Innovation and Skills [2015] UKSC 57 29 July 2015 Student loans
Shahid v Scottish Ministers [2015] UKSC 58 14 October 2015 Article 3, ECHR; Article 8, ECHR
Mandalia v Secretary of State for the Home Department [2015] UKSC 59 14 October 2015 Immigration law
Sharland v Sharland[11] [2015] UKSC 60 14 October 2015 Divorce law
Gohil v Gohil[11] [2015] UKSC 61 14 October 2015 Divorce law
R v McGeough [2015] UKSC 62 21 October 2015 Evidence
The United States of America v Nolan [2015] UKSC 63 21 October 2015 Trade Union and Labour Relations (Consolidation) Act 1992
JSC BTA Bank v Ablyazov [2015] UKSC 64 21 October 2015 Asset freezing
British American Tobacco Denmark A/S v Kazemier Transport BV [2015] UKSC 65 28 October 2015 Jurisdiction
Bank of Cyprus UK Ltd. v Menelaou [2015] UKSC 66 4 November 2015 Unjust enrichment
Cavendish Square Holding BV v Talal El Makdessi[3] [2015] UKSC 67 4 November 2015 Contract law
R (on the application of Ali) v Secretary of State for the Home Department [2015] UKSC 68 18 November 2015 Immigration law
Keyu v Secretary of State for Foreign and Commonwealth Affairs [2015] UKSC 69 25 November 2015 Judicial review
In the matter of J (a child) [2015] UKSC 70 25 November 2015 Hague Convention on Parental Responsibility and Protection of Children; Jurisdiction
Eclairs Group Ltd v JKX Oil & Gas plc [2015] UKSC 71 2 December 2015 Companies Act 2006
Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd [2015] UKSC 72 2 December 2015 Contract law
R v Harvey [2015] UKSC 73 16 December 2015 Proceeds of Crime Act 2002
Trump International Golf Club Scotland Ltd v The Scottish Ministers [2015] UKSC 74 16 December 2015 Planning law
Société Cooperative De Production Seafrance SA v The Competition and Markets Authority [2015] UKSC 75 16 December 2015 Mergers and acquisitions
R (on the application of Wang Yam) v Central Criminal Court[11] [2015] UKSC 76 16 December 2015 Evidence
Macklin v HM Advocate[11] [2015] UKSC 77 16 December 2015 Scottish criminal law
Thevarajah v Riordan [2015] UKSC 78 16 December 2015 Debarment
R (on the application of Roberts) v Commissioner of Police of the Metropolis [2015] UKSC 79 17 December 2015 Stop and search

2016 judgments


Case name Citation Decided Legal subject Summary of decision
Mirga v Secretary of State for Work and Pensions [2016] UKSC 1 27 January Social security It was lawful to deny a pregnant Polish woman income support under UK and EU law, and to deny an Iraqi man housing under the Housing Act 1996.
R (C) v Secretary of State for Justice [2016] UKSC 2 27 January Anonymity
Youssef v Secretary of State for Foreign and Commonwealth Affairs [2016] UKSC 3 27 January Asset freezing
Re B (A Child) [2016] UKSC 4 3 February Jurisdiction; Children Act 1989
R v Taylor[11] [2016] UKSC 5 3 February Criminal law
Kennedy v Cordia (Services) LLP [2016] UKSC 6 10 February Tort law Negligence
Shop Direct Group v Commissioners for Her Majesty's Revenue and Customs [2016] UKSC 7 17 February Tax law VAT
R v Jogee [2016] UKSC 8 18 February Criminal law Joint enterprise
Knauer v Ministry of Justice[11] [2016] UKSC 9 24 February Tort law Mesothelioma; Damages
Cox v Ministry of Justice [2016] UKSC 10 2 March Tort law Vicarious liability
Mr A M Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11 2 March Tort law Vicarious liability
PMS International Group Plc v Magmatic Ltd [2016] UKSC 12 9 March Intellectual property
DB Group Services Ltd v Commissioners for Her Majesty's Revenue and Customs [2016] UKSC 13 9 March Tax law
Lynn Shellfish Ltd v Loose [2016] UKSC 14 13 April Land law Fishing industry in England
In the matter of N (Children) [2016] UKSC 15 13 April Conflict of laws Jurisdiction and Brussels II.
R (Nouazli) v Secretary of State for the Home Department [2016] UKSC 16 20 April Immigration law
Asset Land Investment Plc v The Financial Conduct Authority [2016] UKSC 17 20 April Collective investment schemes
The Mayor's Office for Policing and Crime v Mitsui Sumitomo Insurance Co (Europe) Ltd [2016] UKSC 18 20 April Tort law The proper scope of compensation under the Riot (Damages) Act 1886 in an insurance policy.
R (O) v Secretary of State for the Home Department [2016] UKSC 19 27 April False imprisonment
NYK Bulkship (Atlantic) NV v Cargill International SA [2016] UKSC 20 11 May Maritime law
Airtours Holidays Transport Ltd v Commissioners for Her Majesty's Revenue and Customs [2016] UKSC 21 11 May Tax law VAT
In the matter of an application by JR55 for Judicial Review [2016] UKSC 22 11 May Judicial review
PST Energy 7 Shipping LLC v O W Bunker Malta Ltd [2016] UKSC 23 11 May Maritime law
Eclipse Film Partners No 35 LLP v Commissioners for Her Majesty's Revenue and Customs [2016] UKSC 24 11 May Tribunals, Courts and Enforcement Act 2007
Ministry of Defence v Iraqi Civilians [2016] UKSC 25 12 May Civil Code of Iraq
PJS v News Group Newspapers [2016] UKSC 26 19 May Tort law Privacy law; Injunctions
McBride v Scottish Police Authority [2016] UKSC 27 15 June Labour law Shirley McKie
McDonald v McDonald [2016] UKSC 28 15 June Land law ECHR article 8
BNY Mellon Corporate Trustee Services Ltd v LBG Capital No. 1 Plc [2016] UKSC 29 16 June Banking law
Brown v Stonegale Ltd [2016] UKSC 30 22 June Company law
Taiwo v Olaigbe [2016] UKSC 31 22 June Labour law Equality Act 2010
MP (Sri Lanka) v Secretary of State for the Home Department [2016] UKSC 32 22 June Immigration law
MS (Uganda) (Appellant) v Secretary of State for the Home Department [2016] UKSC 33 22 June Immigration law
In the matter of D (A Child) [2016] UKSC 34 22 June Family law
R (Bancoult (No 2)) v Secretary of State for Foreign and Commonwealth Affairs [2016] UKSC 35 29 June British Overseas Territories
Goluchowski v District Court in Elblag, Poland [2016] UKSC 36 29 June European Arrest Warrant
R (Ismail) v Secretary of State for the Home Department [2016] UKSC 37 6 July Serving foreign judgments
Campbell v Gordon [2016] UKSC 38 6 July Labour law Employers' Liability (Compulsory Insurance) Act 1969
R (The Public Law Project) v Lord Chancellor [2016] UKSC 39 13 July Legal aid
Edwards v Kumarasamy [2016] UKSC 40 13 July Land law Landlord–tenant law
Amoena (UK) Ltd v Commissioners for Her Majesty's Revenue and Customs [2016] UKSC 41 13 July Bras
Patel v Mirza [2016] UKSC 42 20 July Contract law Illegality of contracts
Willers v Joyce (1) [2016] UKSC 43 20 July Tort law Malicious prosecution
Willers v Joyce (2) [2016] UKSC 44 20 July Precedent; Judicial Committee of the Privy Council
Versloot Dredging BV and another v HDI Gerling Industrie Versicherung AG [2016] UKSC 45 20 July Commercial law Marine insurance
Lee-Hirons v Secretary of State for Justice [2016] UKSC 46 27 July Mental health law
Bailey v Angove's PTY Ltd [2016] UKSC 47 27 July Commercial law Law of agency
Hayward v Zurich Insurance Company plc [2016] UKSC 48 27 July Tort law The deceitful misrepresentation of a workplace injury
Secretary of State for the Home Department v Franco Vomero (Italy) [2016] UKSC 49 27 July Immigration law
Hastings Borough Council v Manolete Partners Plc [2016] UKSC 50 27 July Hastings Pier
The Christian Institute v The Lord Advocate [2016] UKSC 51 28 July Constitutional law ECHR article 8 and reserved matters
Moreno v The Motor Insurers' Bureau[12] [2016] UKSC 52 3 August Damages
MB v Secretary of State for Work and Pensions[12] [2016] UKSC 53 10 August Legal aspects of transgenderism
R (Ingenious Media Holdings plc v Commissioners for Her Majesty's Revenue and Customs) [2016] UKSC 54 19 October Constitutional law ECHR article 8
R v Mitchell [2016] UKSC 55 19 October Bad character evidence
R (Johnson) v Secretary of State for the Home Department [2016] UKSC 56 19 October Constitutional law Human Rights Act 1998
Impact Funding Solutions Ltd v AIG Europe Insurance Ltd (formerly known as Chartis Insurance (UK) Ltd) [2016] UKSC 57 26 October Contract law
R (Rutherford) v Secretary of State for Work and Pensions [2016] UKSC 58 9 November Under-occupancy penalty
Makhlouf v Secretary of State for the Home Department (Northern Ireland) [2016] UKSC 59 16 November Constitutional law Criminal deportation and ECHR article 8
Hesham Ali (Iraq) v Secretary of State for the Home Department [2016] UKSC 60 16 November Criminal deportation; ECHR Article 8
R v Golds [2016] UKSC 61 30 November Criminal law Murder
R v Docherty [2016] UKSC 62 14 December Sentencing
R (Mirza) v Secretary of State for the Home Department [2016] UKSC 63 14 December Immigration law
Habib Khan v General Pharmaceutical Council [2016] UKSC 64 14 December Professional ethics
R v Guraj [2016] UKSC 65 14 December Confiscation

2017 judgments


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
Littlewoods Ltd v Commissioners for Her Majesty's Revenue and Customs [2017] UKSC 70 1 November
Michalak v General Medical Council [2017] UKSC 71 1 November
R (C) v Secretary of State for Work and Pensions [2017] UKSC 72 1 November
R (HC) v Secretary of State for Work and Pensions [2017] UKSC 73 15 November
R (De Silva) v Revenue and Customs [2017] UKSC 74 15 November
Gordon v Campbell Riddell Breeze Paterson LLP [2017] UKSC 75 15 November
Scotch Whisky Association & Ors v The Lord Advocate [2017] UKSC 76 15 November
Tiuta International Ltd (in liquidation) v De Villiers Surveyors Ltd [2017] UKSC 77 29 November
O'Connor v Bar Standards Board [2017] UKSC 78 6 December
Dover District Council v CPRE Kent [2017] UKSC 79 6 December
Four Seasons Holdings Incorporated v Brownlie [2017] UKSC 80 19 December
R (Black) v Secretary of State for Justice [2017] UKSC 81 19 December
R (Hysaj) v Secretary of State for the Home Department [2017] UKSC 82 21 December

2018 judgments


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
R (Gibson) v Secretary of State for Justice [2018] UKSC 2 24 January Magistrates’ Courts Act 1980
R (Bancoult No 3) v Secretary of State for Foreign and Commonwealth Affairs [2018] UKSC 3 8 February Constitutional law
Robinson v Chief Constable of West Yorkshire Police [2018] UKSC 4 8 February Tort law Duty of care in English law
B (Algeria) v Secretary of State for the Home Department [2018] UKSC 5 8 February Immigration law
The Advocate General for Scotland v Romein (Scotland) [2018] UKSC 6 8 February Immigration law
HM Inspector of Health and Safety v Chevron North Sea Limited (Scotland) [2018] UKSC 7 8 February Labour law Health and Safety at Work etc Act 1974
In the matter of C (Children) [2018] UKSC 8 14 February Family law
SM (Algeria) v Entry Clearance Officer, UK Visa Section [2018] UKSC 9 14 February Immigration law
R (Mott) v Environment Agency [2018] UKSC 10 14 February Constitutional law The Environment Agency had to pay compensation to Mott for restricting his fishing rights under ECHR Prot 1, art 1, on the right to property.
Commissioner of Police of the Metropolis v DSD [2018] UKSC 11 14 February 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 Hassal LLP [2018] UKSC 12 21 February Civil procedure Civil Procedure Rules.
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.
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 Solicitor’s equitable lien.
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 [2018] UKSC 23 2 May
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 and war losses.
Human Rights Commission for Judicial Review (Northern Ireland : Abortion) [2018] UKSC 27 7 June
Cartier International AG v British Telecommunications Plc [2018] UKSC 28 13 June Intellectual property
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 Stamp Duty Land Tax
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.[13]
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).[14]
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.[15]
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.[16]
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.[17]
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.[18]
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.[19]
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.[20]
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.[21]
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.[22]
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.[23]
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.[24]
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.[25]
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 individuals 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.[26]
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).[27]
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.[28]
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.[29]
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.[30]
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.[31]
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.[32]
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.[33]
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.[34]
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".[35]
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.[36]
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.[37]
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.[38]
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).[39]
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.[40]
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.[41]
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 be have the effect of a deprivation of liberty contrary to article 5 of the European Convention on Human Rights.[42]
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.[43]

2019 judgments


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) [2018] UKSC 1 14 January Devolution in the United Kingdom
R (on the application of Hallam) v Secretary of State for Justice and R (on the application of Nealon) (Appellant) v Secretary of State for Justice (Respondent) [2019] UKSC 2 30 January Criminal Justice 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 [44].
R (on the application of P) v Secretary of State for the Home Department, R (on the application of P, G and W) (Respondents) v Secretary of State for the Home Department and another (Appellants) and In the matter of an application by Lorraine Gallagher for Judicial Review (Northern Ireland) [2019] UKSC3 30 January Employment Law 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 [45]
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 and estate agent and property owner despite the absence of a written contract. Amount of commission reduced as a result of the estate agent breaching s.18 of the Estate Agents Act 1979 requiring certain terms to be explained to a vendor.[46]
Perry v Raleys Solicitors [2019] UKSC 5 13 February 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. [47][48]
Cameron v Liverpool Victoria Insurance Co Ltd [2019] UKSC 6 20 February 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.[49]
In the matter of an application by Geraldine Finucane for Judicial Review (Northern Ireland) [2019] UKSC 7 27 February Public inquiry, Article 2 of the European Convention on Human Rights 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).[50]
Konecny v District Court in Brno-Venkov, Czech Republic [2019] UKSC 8 27 February European Arrest Warrant, Extradition Act 2003, Article 8 of the European Convention on Human Rights 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.[51]
In the matter of an application by Hugh Jordan for Judicial Review (Northern Ireland) [2019] UKSC 9 6 March Human Rights Act 1998 Article 2 of the European Convention on Human Rights The court allowed an appeal against a stay on the award of damages under section 8 of the Human Rights Act in respect of a breach of Article 2 of the European Convention on Human Rights confirming that a claim for damages can run concurrently with an inquest.[52]
KV (Sri Lanka) v Secretary of State for the Home Department [2019] UKSC 10 6 March 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.[53]
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.[54]
Commissioners for Her Majesty’s Revenue and Customs v Joint Administrators of Lehman Brothers International (Europe) (In Administration) [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[55]
Takhar v Gracefield Developments Limited [2019] UKSC 13 20 March 2019 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.[56]
SAE Education Ltd v Commissioners for Her Majesty’s Revenue and Customs [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.[57]
Actavis Group PTC EHF v ICOS Corporation and another [2019] UKSC 15 27 March 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.[58]
R&S Pilling t/a Phoenix Engineering v UK Insurance Ltd [2019] UKSC 16 27 March 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 relevant UK legislation at s.143 of the Road Traffic Act 1988 was incompatible with EU law.[59]
Stocker v Stocker [2019] UKSC 17 3 April 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.[60]
R (on the application of Newby Foods Ltd) v Food Standards Agency [2019] UKSC 18 3 April 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.[61]
R (on the application of 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.[62]
Vedanta Resources PLC and another v Lungowe and other [2019] UKSC 20 10 April Company Law, Tort Law 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).[63]
R (on the application of DA) v Secretary of State for Work and Pensions, R (on the application of DS) v Secretary of State for Work and Pensions [2019] UKSC 21 15 May Article 14 of the European Convention on Human Rights, 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.[64]
R (on the application of Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22 15 May Regulation of Investigatory Powers Act 2000, Constitutional Law By majority decision the court determined that 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.[65]
Telereal Trillium v Hewitt (Valuation Officer) [2019] UKSC 23 15 May 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.[66]
Hancock and another v Commissioners for Her Majesty’s Revenue and Customs [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.[67]
Poole Borough Council v GN (through his litigation friend "The Official Solicitor") and another [2019] UKSC 25 6 June 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.[68]
In the matter of an application by Dennis Hutchings for Judicial Review (Northern Ireland) [2019] UKSC 26 6 June 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[69]
Lachaux v Independent Print Ltd and another [2019] UKSC 27 12 June English defamation law, 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.[70]
Samuels v Birmingham City Council [2019] UKSC 28 12 June 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.[71]
Sveriges Angfartygs Assurans Forening (The Swedish Club) v Connect Shipping Inc and another [2019] UKSC 29 12 June 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.[72]
OWD Ltd trading as Birmingham Cash and Carry (In Liquidation) and another v Commissioners for Her Majesty’s Revenue and Customs [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.[73]
Secretary of State for Work and Pensions v Gubeladze [2019] UKSC 31 19 June 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.[74]
Tillman v Egon Zehnder Ltd [2019] UKSC 32 3 July Employment 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.[75]
London Borough of Lambeth v Secretary of State for Housing, Communities and Local Government [2019] UKSC 33 3 July 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.[76]
Secretary of State for Work and Pensions v MM [2019] UKSC 34 18 July 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.[77]
Secretary of State for the Home Department v Franco Vomero (Italy) [2019] UKSC 35 24 July Citizens’ Rights Directive, Immigration (European Economic Area) Regulations 2006 An individual had not acquire ad 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).[78]
R (on the application of Association of Independent Meat Suppliers and another) v Food Standards Agency [2019] UKSC 36 24 July 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.[79]
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 in respect of the application of Council Directive 90/314/EEC.[80]
Cape Intermediate Holdings Ltd v Dring (for and on behalf of Asbestos Victims Support Groups Forum UK) [2019] UKSC 38 29 July 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.[81]
Commissioners for Her Majesty’s Revenue and Customs v Frank A Smart & Son Ltd [2019] UKSC 39 29 July Tax Law, The Principal VAT Directive The taxpayer was entitled to recover input VAT 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.[82]
Akçilv Koza Ltd [2019] UKSC 40 29 July 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.[83]
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.[84]
In the matter of D (A Child) [2019] UKSC 42 26 September Liberty, Children Act 1989, Article 5, ECHR, Article 8, 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.[85]
Routier and another v Commissioners for Her Majesty’s Revenue and Customs [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.[86]
Gilham v Ministry of Justice [2019] UKSC 44 16 October Employment 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.[87]
Shanks v Unilever Plc [2019] UKSC 45 23 October 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.[88]
The Manchester Ship Canal Company Ltd v Vauxhall Motors Ltd (Formerly General Motors UK Ltd) [2019] UKSC 46 23 October Property 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.[89]
Sequent Nominees Ltd (formerly Rotrust Nominees Ltd) v Hautford Ltd (a company registered in the British Virgin Islands) [2019] UKSC 47 30 October Property 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[90]
Travelers Insurance Company Ltd v XYZ [2019] UKSC 48 30 October 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'.[91]
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.[92]
Singularis Holdings Ltd (In Official Liquidation) (A Company Incorporated in the Cayman Islands) v Daiwa Capital Markets Europe Ltd [2019] UKSC 50 30 October 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 liably 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.[93]
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 guilt 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.[94]
RR v Secretary of State for Work and Pensions [2019] UKSC 52 13 November 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 European Convention on Human Rights and a public authority would be required to disregard a legislative provision where its application would result in a breach of the convention.[95]
R (on the application of Wright) v Resilient Energy Severndale Ltd and Forest of Dean District Council [2019] UKSC 53 20 November 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.[96]
Edwards on behalf of the Estate of the late Thomas Arthur Watkins v Hugh James Ford Simey Solicitors [2019] UKSC 54 20 November 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.[97]
Royal Mail Group Ltd v Jhuti [2019] UKSC 55 27 November Employment 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.[98]
R (on the application of Hemmati) v Secretary of State for the Home Department [2019] UKSC 56 27 November 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.[99]
MacDonald and another v Carnbroe Estates Ltd [2019] UKSC 57 4 December 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.[100]
R (on the application of Lancashire County Council) v Secretary of State for the Environment, Food and Rural Affairs, R (on the application of NHS Property Services Ltd) v Surrey County Council and another [2019] UKSC 58 11 December Property 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.[101]
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, Treaty on the Functioning of the European Union, Charter of Fundamental Rights of the European Union 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'.[102]
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.[103]

2020 judgments


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.[104]
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 Devolution in the United Kingdom 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 fused to accept the application by the Attorney General for Northern Ireland.[105]
R (on the application of Samuel Smith Old Brewery (Tadcaster)) v North Yorkshire County Council [2020] UKSC 3 5 February 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.[106]
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.[107]
Micula v Romania [2020] UKSC 5 19 February Arbitration The English courts how 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.[108]
In the matter of an application by Deborah McGuinness for Judicial Review (Northern Ireland) [2020] UKSC 6 19 February 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.[109]
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 due for damages for false imprisonment.[110]
R v Copeland [2020] UKSC 8 11 March Explosive Substances Act 1883 By a majority decision, 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.[111]
MS (Pakistan) v Secretary of State for the Home Department [2019] UKSC 9 18 March 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 European Convention on Human Rights 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 ECHR.[112]
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.[113]
Aspen Underwriting Ltd v Credit Europe Bank NV [2020] UKSC 11 1 April 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.[114]
WM Morrisons Supermarkets plc v Various Claimants [2020] UKSC 12 1 April 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.[115][116]
Barclays Bank plc v Various Claimants [2020] UKSC 13 1 April Vicarious Liability Barclays Bank PLC was not vicariously liable for the acts of a self-employed doctor who was engage to carry out medial examinations of its staff and was accused of sexual assault.[117]
Whittington Hospital NHS Trust v XX [2020] UKSC 14 1 April Tort Law Damages payable by Whittington Hospital NHS Trust to a women who could not bear children following earlier medical negligence could include the costs of surrogacy through commercial agreements aboard.[118]
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[119]
R (on the application of Palestine Solidarity Campaign Ltd and another) v Secretary of State for Communities and Local Government [2020] UKSC 16 29 April 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 now allow central government to impose policy on administering authorities.[120]
AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17 29 April Criminal deportation, Article 3 of the European Convention on Human Rights 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.[121]
Duval v 11-13 Randolph Crescent Ltd [2020] UKSC 18 6 May Property 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.[122]
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.[123]
Dill v Secretary of State for Housing, Communities and Local Government and another [2020] UKSC 20 20 May Property 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'.[124]
Cardtronics UK Ltd v Sykes (Valuation Officers) [2020] UKSC 21 20 May Property 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.[125]
Fowler v Commissioners for Her Majesty's Revenue and Customs [2020] UKSC 22 20 May Tax 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.[126]
Serafin v Malkiewicz [2020] UKSC 23 3 June Libel A libel case was overturned after the court found that Justice Robert Jay had not allowed a claim to be properly presented and had harassed and intimidated the claimant and as such the original trial was unfair. A retrial was ordered.[127]
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.[128]
Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25 17 June 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.[129]
ABC v Principal Reporter and another and In the matter of XY [2020] UKSC 26 18 June Children’s Hearings (Scotland) Act 2011, Article 6 of the European Convention on Human Rights, Article 8 of the European Convention on Human Rights 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).[130]
Regeneron Pharmaceuticals Inc v Kymab Ltd [2020] UKSC 27 24 June 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).[131]
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.[132]
R v Hilton [2020] UKSC 29 1 July 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.[133]
Villiers v Villiers [2020] UKSC 30 1 July 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.[134]
Sevilleja v Marex Financial Ltd [2020] UKSC 31 15 July 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.[135]
Sutherland v Her Majesty’s Advocate [2020] UKSC 32 15 July Human Rights, Article 8 of the European Convention on Human Rights A covert investigation by paedophile hunters and the use by authorities of evidence collected from this investigation did not breach an individuals right to a private life under Article 8 of the European Convention on Human Rights.[136]

See also


Notes and References


  1. Procedural issue before the main appeal reported at UKSC 15
  2. This issue was heard by a diminished panel of 3 judges
  3. An augmented panel of 7 judges sat in this case
  4. An augmented panel of 9 judges sat in this case
  5. This was an application made to the court to temporarily suspend the operation of an order made at [2010] UKSC 2
  6. The court was asked to extend the terms of an anonymity order made at [2010] UKSC 24
  7. The court made an order regarding the distribution of costs, main judgment at [2010] UKSC 14
  8. This judgment was simply a clarification of details of an order made in the previous judgement at [2010] UKSC 45
  9. The Master of the Rolls, Lord Neuberger also sat in on this case and gave a judgment that formed the unanimous majority.
  10. Lord Rodger died before judgment was given in this case. He indicated that he would join the majority.
  11. An augmented panel of 7 judges sat in this case
  12. Judgment given outside of term time
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