Current cases

Current cases

Cases only appear here a few weeks before the appeal is due to be heard by the Court. Lists of cases seeking permission to appeal to the Court appear on the monthly lists published on our Permission to appeal page, once such an application is determined.

The abbreviations 'FC' and 'AP' stand for 'Funded Client' and 'Assisted Person' respectively. They denote a party in receipt of legal aid - the former in respect of cases from England and Wales and from Northern Ireland and the latter in respect of cases from Scotland.

The Current cases table below can be sorted either in ascending or descending order by clicking on the following title headings:

  • Case ID
  • Case name

Cases can also be found by using the search engine below:

Current cases
Case ID Case name Case summary Details
UKSC 2017/0135 In the matter of C (Children) Whether "anticipatory retention" is a concept recognised under the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction ("the 1980 Hague Convention") Full case details
UKSC 2017/0131 In the matter of an application by the Northern Ireland Human Rights Commission for Judicial Review (Northern Ireland) (i) Whether sections 58 and 59 of the Offences against the Person Act 1861 and section 25 of the Criminal Justice Act (NI) 1945 are incompatible with articles 3, 8 and 14 of the European Convention on Human Rights (ECHR) in failing to provide an exception to the prohibition on the termination of pregnancy in Northern Ireland in cases of serious malformation of the unborn child/foetus or pregnancy as a result of rape or incest Full case details
UKSC 2017/0106 R (on the application of Tag Eldin Ramadan Bashir and others) (AP) (Respondents) v Secretary of State for the Home Department (Appellant) and another Whether the 1951 Convention relating to the Status of Refugees and the 1967 Protocol extend to the UK’s Sovereign Base Areas of Akrotiri and Dhekelia; and, if so, whether the Appellant is required to admit the Respondents to the United Kingdom for settlement. Full case details
UKSC 2017/0074 Newcastle upon Tyne Hospital NHS Foundation Trust (Appellant) v Haywood (Respondent) When does notice of termination of a contract of employment become effective? Full case details
UKSC 2017/0067 Reference by the Court of Appeal in Northern Ireland pursuant to Paragraph 33 of Schedule 10 to the Northern Ireland Act 1998 (Abortion) (i) Whether sections 58 and 59 of the Offences against the Person Act 1861 and section 25 of the Criminal Justice Act (NI) 1945 are incompatible with articles 3, 8 and 14 of the European Convention on Human Rights (ECHR) in failing to provide an exception to the prohibition on the termination of pregnancy in Northern Ireland in cases of serious malformation of the unborn child/foetus or pregnancy as a result of rape or incest Full case details
UKSC 2016/0190 CPRE Kent (Respondent) v China Gateway International Limited (Appellant) The correct legal standard to be applied in assessing the adequacy of reasons provided by local planning authorities when granting planning permission. Full case details
UKSC 2016/0188 Dover District Council (Appellant) v CPRE Kent (Respondent) The correct legal standard to be applied in assessing the adequacy of reasons provided by local planning authorities when granting planning permission. Full case details
UKSC 2016/0174 O'Connor (Appellant) v Bar Standards Board (Respondent) Where a person claims that a prosecution has been brought in breach of her human rights, does the time limit for bringing proceedings under the Human Rights Act 1998 run from the date of her acquittal or conviction or the date on which any appeals are concluded? Full case details
UKSC 2016/0170 A (Appellant) v B and another (Respondents) The scope of A's contractual obligation of disclosure: whether the Employment Tribunal made appropriate findings to support the duty imposed and whether such duty was disproportionate given A’s right to a private life. Full case details
UKSC 2016/0166 HM Inspector of Health and Safety (Appellant) v Chevron North Sea Limited (Respondent) (Scotland) Whether the Employment Tribunal hearing an appeal under section 24 of the Health and Safety at Work etc Act 1974 by a person on whom an improvement notice or prohibition notice has been served is entitled to take into account evidence which was not known and could not reasonably have been known to the inspector at the time he issued the notice. Full case details
UKSC 2016/0165 The Advocate General for Scotland (Appellant) v Romein (Respondent) (Scotland) Whether section 4C of the British National Act 1981 is of potential application to all children born before 1983 of daughters of men who emigrated from the UK to countries outside Ireland and the Commonwealth. Full case details
UKSC 2016/0156 Tiuta International Limited (in liquidation) (Respondent) v De Villiers Surveyors Limited (Appellant) How the 'but for' test for causation is to be applied as between an allegedly negligent valuer and lender in a re-financing situation. Full case details
UKSC 2016/0150 Burnden Holdings (UK) Limited (Respondent) v Fielding and another (Appellants) (1) What is the proper construction of s.21(1)(b) Limitation Act 1980? Is a wrongdoing trustee’s direct or indirect control of a company which receives trust property sufficient to engage that section, even though it requires the trust property or its proceeds to be in the possession of the trustee, or previously received by the trustee and converted to the trustee’s use? Full case details
UKSC 2016/0148 R (on the application of Mott) (Respondent) v Environment Agency (Appellant) The correct approach to determining (i) whether there has been a de facto expropriation amounting to a breach of the right to peaceful enjoyment of possessions under Article 1 of the First Protocol to the European Convention on Human Rights ("A1P1") and (ii) when compensation must be paid to avoid a breach of A1P1 in circumstances where the interference in question is imposed on environmental grounds. Full case details
UKSC 2016/0144 R (on the application of AR) (Appellant) v Chief Constable of Greater Manchester Police and another (Respondents) Article 6(2): Whether disclosure of details of a rape acquittal in an Enhanced Criminal Record Certificate (ECRC) violates the presumption of innocence protected by Article 6(2) ECHR. Full case details
UKSC 2016/0140 Dryden and others (Appellants) v Johnson Matthey PLC (Respondent) (1) Whether the appellants have suffered actionable damage in the form of losses flowing from the physiological changes to their bodies caused by the respondent’s negligence; Full case details
UKSC 2016/0136 Barton (Appellant) v Wright Hassall LLP (Respondent) Whether (i) the Court of Appeal erred in upholding the judgment of the courts below that there was no good reason to validate service under 6.15 of the Civil Procedure Rules; Full case details
UKSC 2016/0135 Twentieth Century Fox Film Corporation (Appellant) v Comic Enterprises Ltd (Respondent) (1) Whether a finding of trade mark infringement breached Article 10 of the European Convention of Human Rights ("ECHR"). Full case details
UKSC 2016/0134 R v Harkin (Appellant) (Northern Ireland) Can a confiscation order under s156 of the Proceeds of Crime Act 2002 be made by a Crown Court in circumstances where the defendant is convicted in proceedings before that Crown Court of an offence or offences which were committed before 24 March 2003, given the stipulations of the commencement, transitional and savings provisions set out in Articles 2, 4 and 11 of the Proceeds of Crime Act 2002 (Commencement No 5, Transitional Provisions, Savings and Amendments) Order 2003? Full case details
UKSC 2016/0132 R v McCool (Appellant) (Northern Ireland) Can a confiscation order under s156 of the Proceeds of Crime Act 2002 be made by a Crown Court in circumstances where the defendant is convicted in proceedings before that Crown Court of an offence or offences which were committed before 24 March 2003, given the stipulations of the commencement, transitional and savings provisions set out in Articles 2, 4 and 11 of the Proceeds of Crime Act 2002 (Commencement No 5, Transitional Provisions, Savings and Amendments) Order 2003? Full case details
UKSC 2016/0130 Haralambous (Appellant) v Hertfordshire Constabulary (Respondent) (a) In proceedings for judicial review of the legality of a search warrant issued ex parte, is it permissible for the High Court to have regard to evidence which is not disclosed to the subject of the warrant? Full case details
UKSC 2016/0111 Steel and another (Appellants) v NRAM Ltd (Respondent) (Scotland) (1) Whether the majority of the Extra Division correctly interpreted and applied the law relative to the existence of a duty of care or whether the majority have developed a new test... Full case details
UKSC 2016/0086 Morris-Garner and another (Appellants) v One Step (Support) Ltd (Respondent) Where a defendant is found to be have breached a restrictive covenant, the circumstances in which it is permissible to award damages measured as a percentage of the defendant’s profits resulting from the breach. Full case details
UKSC 2016/0070 R (on the application of Black) (Appellant) v Secretary of State for Justice (Respondent) Whether Chapter 1 of Part 1 of the Health Act 2006, which contains prohibitions on smoking in certain public places, binds the Crown by necessary implication. Full case details
UKSC 2016/0052 R (on the application of Gibson) (AP) (Appellant) v Secretary of State for Justice (Respondent) When a confiscation order is made under the Drug Trafficking Act 1994 ("DTA") do the words "the said sum… as was due at the time the period of detention was imposed" in s79(2) of the Magistrates’ Court Act 1980 ("MCA") mean the sum due when the default term was fixed by the Crown Court judge or the sum due when the default term was activated by the Magistrates’ Court. Full case details
UKSC 2015/0134 In the matter of an application by Kevin Maguire for Judicial Review (Northern Ireland) In publically funded cases in which the court has certified that the interests of justice require the accused to have the services of two counsel to conduct his trial, where the accused wishes to retain a particular junior counsel, the requirement of the General Council of the Bar that he must instruct an available senior counsel or proceed with junior counsel is not compatible with the accused’s convention right under Article 6(3) to defend himself through legal assistance of his own choosing? Full case details
UKSC 2017/0025 Scotch Whisky Association and others (Appellants) v The Lord Advocate and another (Respondents) (Scotland) Whether the Alcohol (Minimum Pricing) (Scotland) Act 2012 is incompatible with European Union law and therefore unlawful under the Scotland Act 1998. Full case details
UKSC 2016/0142 Gordon and others, as the Trustees of the Inter Vivos Trust of the late William Strathdee Gordon (Appellants) v Campbell Riddell Breeze Paterson LLP (Respondent) (Scotland) Whether the five-year prescriptive period under s.6 of the Prescription and Limitation (Scotland) Act 1973 begins to run on the date on which a creditor becomes aware that he has incurred a financial cost or whether he must also be aware that such a cost may constitute "loss" or "damage". Full case details
UKSC 2016/0164 Mitsui & Co Ltd and others (Respondents) v Beteiligungsgesellschaft LPG Tankerflotte MBH & Co KG and another (Appellants) Where a ship is hijacked by pirates, and the initial ransom sum demanded is not paid, but a period of negotiation is entered into resulting in a lower ransom sum being agreed and paid Full case details
UKSC 2016/0213 Ivey (Appellant) v Genting Casinos (UK) Ltd t/a Crockfords (Respondent) Whether an implied term not to cheat in a gambling contract is only breached where there is dishonesty. Full case details
UKSC 2016/0082 Robinson (AP) (Appellant) v Chief Constable of West Yorkshire Police (Respondent) The "Hill v Chief Constable of West Yorkshire Police" immunity protects the police from claims when in the course of their core duties they negligently cause injury to passers-by. Does this apply in a case where the relevant police act was a positive act? Was the Court of Appeal correct to overturn the first instance findings of negligence? Full case details
UKSC 2016/0062 R (on the application of C) (Appellant) v Secretary of State for Work and Pensions (Respondent) Whether the respondent's policies in respect of the retention and processing of historic gender data are compatible with the appellant’s rights under arts.3, 8 and 14 ECHR and ss.13, 19 and 26 of the Equality Act 2010. Full case details
UKSC 2016/0084 Michalak (Respondent) v General Medical Council and others (Appellants) Whether the availability of judicial review proceedings in respect of decisions of the GMC excludes the jurisdiction of the Employment Tribunal by virtue of s.120(7) of the Equality Act 2010. Full case details
UKSC 2015/0178 Littlewoods Limited and others (Respondents) v Commissioners for Her Majesty's Revenue and Customs (Appellant) On liability: whether a tax-payer’s claim for restitution of the time value of mistakenly overpaid VAT is prevented by ss.78 and 80 of the Value Added Tax Act 1994, and if so whether that is contrary to EU law, and if so whether, when dis-applied, they must be dis-applied to allow only Woolwich-type restitution claims not mistake based restitution claims as well? Full case details
UKSC 2015/0177 Littlewoods Limited and others (Appellants) v Commissioners for Her Majesty's Revenue and Customs (Respondent) On liability: whether a tax-payer’s claim for restitution of the time value of mistakenly overpaid VAT is prevented by ss.78 and 80 of the Value Added Tax Act 1994, and if so whether that is contrary to EU law, and if so whether, when dis-applied, they must be dis-applied to allow only Woolwich-type restitution claims not mistake based restitution claims as well? Full case details
UKSC 2015/0022 R (on the application of Bancoult No 3) (Appellant) v Secretary of State for Foreign and Commonwealth Affairs (Respondent) Whether the Court of Appeal should have held that evidence wrongly held to be inadmissible by the court below (the "Wikileaks cable") could and would have led to the conclusion that the decision of the respondent to create a marine protected area in the British Indian Ocean Territory (BIOT) was motivated by an improper purpose Full case details
UKSC 2016/0053 R (on the application of De Silva and another) (Appellants) v Commissioners for Her Majesty's Revenue and Customs) (Respondent) Whether HMRC was entitled to enquire into the appellants' claims for loss relief otherwise than by opening an enquiry under Schedule 1A of the Taxes Management Act 1970, which is subject to a time limit that had elapsed prior to the date of the enquiry. Full case details
UKSC 2015/0215 R (on the application of HC) (Appellant) v Secretary of State for Work and Pensions and others (Respondents) Whether the statutory instruments which provide that Zambrano carers are not entitled to social benefits in the UK are unlawful, in particular whether they entail discrimination under EU law or the ECHR which cannot be justified. Full case details
UKSC 2016/0079 Brown (Appellant) v The Parole Board for Scotland, The Scottish Ministers and another (Respondents) (Scotland) Does the implied ancillary duty in art.5 ECHR to facilitate rehabilitation and release apply to recalled extended sentence prisoners? Full case details
UKSC 2016/0157 Aberdeen City and Shire Strategic Development Planning Authority (Appellant) v Elsick Development Company Limited (Respondent) (Scotland) The correct legal test for the validity of planning obligations Full case details
UKSC 2016/0045 Four Seasons Holdings Incorporated (Respondent) v Brownlie (Appellant) Whether the Court of Appeal erred in holding that the tort jurisdictional gateway test under para. 3.1(9)(a) Practice Direction 6B of the CPR, which requires that "damage" be sustained within the jurisdiction, is not satisfied by indirect or consequential damage. Full case details
UKSC 2016/0041 P (Appellant) v Commissioner of Police of the Metropolis (Respondent) Whether police officers are entitled to bring discrimination claims in the Employment Tribunal in respect of dismissals following proceedings before a Police Misconduct Panel. Full case details
UKSC 2015/0175 Four Seasons Holdings Incorporated (Appellant) v Brownlie (Respondent) Whether the Court of Appeal erred in holding that the tort jurisdictional gateway test under para. 3.1(9)(a) Practice Direction 6B of the CPR, which requires that "damage" be sustained within the jurisdiction, is not satisfied by indirect or consequential damage. Full case details
UKSC 2016/0181 Arcadia Petroleum Limited and others (Respondents) v Bosworth and another (Appellants) Does a claim pleaded in conspiracy in respect of conduct which could be pleaded as breach of a defendant’s contract of employment (and was actually so pleaded) fall within Article 18 of the Lugano Convention? Full case details
UKSC 2016/0197 Warner-Lambert Company LLC (Appellant) v Generics (UK) Ltd t/a Mylan and another (Respondents) Whether (and what) role plausibility should play in the statutory test for sufficiency, and whether a patent should be held insufficient for lack of plausibility even though it is in fact enabled across the full scope of the claim. Full case details
UKSC 2015/0243 SM (Algeria) (Appellant) v Entry Clearance Officer, UK Visa Section (Respondent) Whether the appellant is a "direct descendant" or "extended family member" within the meaning of Regs.7 and 8 of the Immigration (European Economic Area) Regulations 2006. Full case details
UKSC 2015/0199 Taurus Petroleum Limited (Appellant) v State Oil Marketing Company of the Ministry of Oil, Republic of Iraq (SOMO) (Respondent) (i) The identity of the beneficiary under letters of credit; (ii) The situs of debts under letters of credit... Full case details
UKSC 2015/0166 Commissioner of Police of the Metropolis (Appellant) v DSD and another (Respondents) Whether there is an obligation under s.6 Human Rights Act 1998, read with art.3 ECHR, to investigate ill-treatment which has been perpetrated by a private individual without any complicity of a public authority Full case details
UKSC 2015/0246 Miller and others (Appellants) v Ministry of Justice (Respondent) Where a pension is calculable by reference to service, whether the period of service prior the coming into effect of the relevant directive should be taken into account in calculating the amount of pension to be paid. Full case details
UKSC 2015/0159 Keefe (by his litigation friend Eyton) (Respondent) v Hoteles Pinero Canarias SL (Appellant) Whether an injured claimant is entitled to rely on Article 11(3) of the Council Regulation (EC) 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters to join the foreign-domiciled alleged tortfeasor in circumstances where the respondent had originally brought proceedings in the courts of his domicile by way of direct action against the appellant’s foreign domiciled liability insurer Full case details
UKSC 2015/0147 R (on the application of B) (Respondent) v Secretary of State for the Home Department (Appellant) Whether, once there is no longer a lawful basis for the detention of an individual pending deportation, there is still a power to grant bail and impose bail conditions in respect of that individual under the Immigration Act 1971. Full case details

Displaying 51 results