Case archive

Mixed results for ‘bedroom tax’ challenge at Supreme Court

Social housing sector tenants who challenged the so called “bedroom tax” have received a mixed outcome at the Supreme Court.

UK Supreme Court 9 November 2016

Supreme Court refers question on marriage status of transgender persons to Luxembourg

The Supreme Court has referred the question of whether a Directive on equal gender treatment as regards social security precludes the imposition in national law of a requirement that, in addition to satisfying the physical, social and psychological criteria for recognising a change of gender, a person who has changed gender must also be unmarried in order to qualify for a state retirement pension to the Court of Justice of the European Union.

UK Supreme Court 10 August 2016

Damages claims for victims of motor accidents caused by uninsured drivers determined by law of state in which accident occurred

Damages claims against motor insurance bureaus should be determined according to the law of the state in which the accident occurred, the Supreme Court has ruled.

UK Supreme Court 4 August 2016

Scottish government's information sharing provisions in Named Person scheme incompatible with Article 8 ECHR

The Christian Institute and others’ appeal against the Scottish government’s Named Person scheme has been unanimously allowed by judges in the Supreme Court on the basis the information sharing provisions in Part 4 are incompatible with Article 8 ECHR — meaning the legislation will not be brought into force as it stands.

UK Supreme Court 28 July 2016

Defrauded representee need not prove belief that misrepresentation was true

In a claim to set aside a compromise on the basis of fraudulent misrepresentation, the defrauded representee need not prove it settled in the belief the misrepresentation were true in order to demonstrate influence by or reliance on that misrepresentation.

UK Supreme Court 28 July 2016

Supreme Court refers questions over deportation of Italian national to Luxembourg court

The question whether enhanced protection depends on a right of permanent residence has been referred to the Court of Justice of the European Union by the Supreme Court in a case in which the Home Secretary tried to deport an Italian national following completion of his sentence for manslaughter.

UK Supreme Court 27 July 2016

Malicious prosecution claim in civil proceedings permitted to go to trial in 5-4 Supreme Court ruling

Malicious prosecution can exist in civil proceedings as between private individuals, the Supreme Courthas ruled.

UK Supreme Court 22 July 2016

Collateral lie not fatal to insurance claim, Supreme Court rules

ed by a flood in her engine room. Her main engine was damaged beyond repair. The flood was caused by (i) the crew’s negligence in failing to close the sea inlet valve in the emergency fire pumps, (ii) damage to the pumps, (iii) the negligence of previous contractors who had failed to seal bulkheads and (iv) defects in the engine room pumping system. The appellant owners presented an insurance claim to the respondent insurers for €3,241,310.60. They told the insurer’s solicitors that the crew had informed them that the bilge alarm had sounded at noon that day, but could not be investigated because the vessel was rolling in heavy weather. This was a lie told by the owners to strengthen the claim, accelerate payment under the policy, and take the focus off any defects in the vessel for which the owners might have been responsible. The lie was in fact irrelevant to the claim, since the vessel’s loss was found to have been caused by a peril of the seas. But the judge held that the owners’ lie was a “fraudulent device”, which meant the insurers did not have to pay out under the policy. The Court of Appeal agreed.

UK Supreme Court 21 July 2016

UKSC: Illegality does not necessarily prevent operation of unjust enrichment

A man who retained money given to him under a contract for an illegal purpose has had his appeal – that illegality prevents the operation of the unjust enrichment rules – dismissed by judges in the Supreme Court.

UK Supreme Court 20 July 2016

Supreme Court: Legal charity prevails against Grayling’s ultra vires civil legal aid test

The Supreme Court has unanimously allowed a legal charity’s appeal against the Lord Chancellor to introduce a residence test for civil legal aid on the basis it is ultra vires.

UK Supreme Court 13 July 2016

Article 6 rights of man served with foreign judgment not engaged

The Secretary of State was not obligated, under the circumstances, to investigate the consequences of serving a foreign judgment on an Egyptian national.

UK Supreme Court 7 July 2016

Supreme Court: Challenge to prohibition on settlement of British Indian Ocean Territories dismissed

A challenge to a 2008 decision endorsing a prohibition on settlement of the British Indian Ocean Territories has been dismissed by the Supreme Court.

UK Supreme Court 29 June 2016

Sri Lankan's asylum application referred to CJEU as no authorities on point

A former member of the Tamil Tigers who claimed asylum under an EU directive on the basis he would face torture if returned to Sri Lanka has had his application referred to the Court of Justice of the European Union as no authorities are on point.

UK Supreme Court 23 June 2016

Transferees of gratuitous alienations fail in appeal to Supreme Court

A company and individual who accepted the transfer of four properties – challenged by joint administrators of the transferor companies as gratuitous alienations – have had their appeal to the Supreme Court against a decision of the Inner House of the Court of Session dismissed.

UK Supreme Court 22 June 2016

Trustee for ECN holders' appeal against £3.3bn redemption dismissed

A trustee company that sought to prevent a financial services group from redeeming enhanced capital notes has had its appeal dismissed by judges in theSupreme Court.

UK Supreme Court 16 June 2016