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 2018/0234 T W Logistics Ltd (Appellant) v Essex County Council & another (Respondents) How does the legislation prohibiting various activities on town or village greens interact with the registration regime, given the rule that the public’s activities on the land before registration may co-exist with those of the landowner, and must do after registration. Full case details
UKSC 2018/0129 Public Prosecutors Office of the Athens Court of Appeal (Appellant) v O'Connor (AP) (Respondent) (Northern Ireland) When considering section 26(5) of the Extradition Act 2003, can a distinction properly be drawn between the actions of a person who has done everything reasonably possible to give notice of the appeal and the actions of that person’s solicitor who has not? Full case details
UKSC 2019/0046 BTI 2014 LLC (Appellant) v Sequana SA and others (Respondents) (1) Whether an otherwise lawful dividend may nevertheless in principle be a "transaction defrauding creditors" under section 423 Insolvency Act 1986. Full case details
UKSC 2018/0226 Fowler (Respondent) v Commissioners for Her Majesty's Revenue and Customs (Appellant) Whether Article 7 (on business profits) of the UK-South Africa Double Taxation Treaty ("DTC") or Article 14 DTC (on income from employment) applies for the purpose of allocating taxing rights in respect of remuneration for services provided by a diver in the UK under a contract of employment. Full case details
UKSC 2019/0156 Serafin (Respondent) v Malkiewicz and others (Appellants) (1) The breadth of the public interest defence in section 4 Defamation Act 2013 and in particular, whether the defence is available where the allegations complained of relate to an individual’s private conduct towards a body in relation to which there is a public interest, rather than to the running of that body; Full case details
UKSC 2018/0225 Cardtronics UK Ltd and others (Respondents) v Sykes and others (Valuation Officers) (Appellants) Who is the rateable occupier of the site of a cash machine whose operator is a different company from the occupier of the premises in which it is located? Full case details
UKSC 2019/0001 Dill (Appellant) v Secretary of State for Communities and Local Government and another (Respondents) On an application for listed building consent, should the Planning Inspector consider whether the items listed were ‘buildings’; and(ii) what is the correct approach to determining whether the items are ‘buildings’? Full case details
UKSC 2019/0137 R (on the application of Maughan) (AP) (Appellant) v Her Majesty's Senior Coroner for Oxfordshire (Respondent) Is the applicable standard of proof in inquest proceedings in the case of suicide the balance of probabilities (the civil standard) or beyond reasonable doubt (the criminal standard)? Full case details
UKSC 2018/0203 Commissioners for Her Majesty’s Revenue & Customs (Appellant) v London Clubs Management Ltd (Respondent) The correct approach as to determining the value of non-negotiable chips for the purpose of calculating gaming duty. Full case details
UKSC 2018/0161 Shannon (Appellant) v Rampersad and another (T/A Clifton House Residential Home) (Respondents) Whether home workers who are required to remain at home in their shift and/or residential care workers who ‘sleep in’ are entitled to the national minimum wage for time that is not spent actually performing some specific activity. Full case details
UKSC 2018/0160 Royal Mencap Society (Respondent) v Tomlinson-Blake (Appellant) Whether home workers who are required to remain at home in their shift and/or residential care workers who ‘sleep in’ are entitled to the national minimum wage for time that is not spent actually performing some specific activity. Full case details
UKSC 2018/0131 Regeneron Pharmaceuticals Inc (Respondent) v Kymab Ltd (Appellant) Kymab Ltd ("Kymab") alleges that the relevant patents are invalid for insufficiency because they did not enable the ordinary skilled person to work the claimed invention across the breadth of the claims. Full case details
UKSC 2018/0152 Zipvit Ltd (Appellant) v Commissioners for Her Majesty’s Revenue and Customs (Respondent) Where a customer pays a supplier for what both parties mistakenly believe is a VAT-exempt supply, but turns out to be standard rated, can the customer claim a deduction of input tax from HMRC for the VAT element of the original payment? Full case details
UKSC 2018/0062 Peninsula Securities Ltd (Respondent) v Dunnes Stores (Bangor) Ltd (Appellant) (Northern Ireland) Whether the doctrine of restraint of trade applies to a restrictive covenant in a lease granted by the respondent’s predecessor in title to the appellant Full case details
UKSC 2019/0089 R v Copeland (AP) (Appellant) For the purposes of section 4(1) of the Explosive Substances Act 1883, can personal experimentation or own private education, absent some ulterior lawful purpose, be regarded as a "lawful object"? Full case details
UKSC 2018/0156 Sainsbury’s Supermarkets Ltd and others (Respondents) v MasterCard Incorporated and others (Appellants) Whether the Court of Appeal erred in law – (1) in finding that the multilateral interchange fees at issue amount to a restriction of competition in the acquiring market contrary to Article 101(1) TFEU; Full case details
UKSC 2018/0154 Sainsbury’s Supermarkets Ltd (Respondent) v Visa Europe Services LLC and others (Appellants) Whether the Court of Appeal erred in law – (1) in finding that the multilateral interchange fees at issue amount to a restriction of competition in the acquiring market contrary to Article 101(1) TFEU; Full case details
UKSC 2018/0150 Lehtimaki and others (Respondents) v Cooper (Appellant) Does the court have jurisdiction to direct members of a charitable company on how to exercise their powers absent a breach of fiduciary duty? Full case details
UKSC 2019/0013 XX (Respondent) v Whittington Hospital NHS Trust (Appellant) Whether the Respondent can recover damages for expenses of surrogacy arrangements which she intended to make in the UK or elsewhere. Whether it is correct to differentiate between "own egg" and "donor egg" surrogacies in awarding damages for such surrogacy expenses. Full case details
UKSC 2018/0194 R (on the application of Pathan) (Appellant) v Secretary of State for the Home Department (Respondent) Is notice to an applicant of revocation of a sponsor's licence in respect of his or her Tier 2 (General) Migrant application required as a matter of procedural fairness? Full case details
UKSC 2018/0114 Villiers (Appellant) v Villiers (Respondent) Do the courts of England and Wales have the power to stay an application for maintenance pursuant to section 27 of the Matrimonial Causes Act 1973 on the grounds of forum non conveniens when divorce proceedings are taking place in Scotland? Are divorce proceedings and maintenance proceedings ‘related actions' for the purposes of Article 13 of the Maintenance Regulation 2011? Is Schedule 6 of the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 ultra vires section 2(2) of the European Communities Act 1972? Full case details
UKSC 2018/0192 The Law Debenture Trust Corporation plc (Appellant) v Ukraine (Represented by the Minister of Finance of Ukraine acting upon the instructions of the Cabinet of Ministers of Ukraine) (Respondent) No. 3 In the Appeal by The Law Debenture Trust Corporation p.l.c.:(1) whether there is any "domestic foothold" for the allegations of duress made by Ukraine or whether the foreign act of state doctrine is relevant to or engaged by the allegations such that they are non-justiciable before the English Court... Full case details
UKSC 2018/0191 The Law Debenture Trust Corporation plc (Respondent) v Ukraine (Represented by the Minister of Finance of Ukraine acting upon the instructions of the Cabinet of Ministers of Ukraine) (Appellant) No. 2 In the Appeal by The Law Debenture Trust Corporation p.l.c.:(1) whether there is any "domestic foothold" for the allegations of duress made by Ukraine or whether the foreign act of state doctrine is relevant to or engaged by the allegations such that they are non-justiciable before the English Court... Full case details
UKSC 2018/0048 AM (Zimbabwe) (Appellant) v Secretary of State for the Home Department (Respondent) The Supreme Court is asked to consider whether to return AM to Zimbabwe would violate his right under Article 3 of the European Convention on Human Rights not to be subjected to inhuman treatment by reason of his medical condition, in light of the decision of the European Court of Human Rights in Paposhvili v Belgium [2017] Imm AR 867. Full case details
UKSC 2018/0075 R v Hilton (Respondent) (Northern Ireland) (1) Where property is held by the defendant and another person, in what circumstances is the court making a confiscation order required by section 160A of the Proceeds of Crime Act 2002, in determining the available amount, to give that other person a reasonable opportunity to make representations to it at the time the order is made? Full case details
UKSC 2018/0164 Barclays Bank plc (Appellant) v Various Claimants (Respondents) Is a defendant employer liable for sexual assaults committed by a medical practitioner in the course of medical examinations carried out at the employer's request either before or during the claimant's employment? Full case details
UKSC 2018/0159 MS (Pakistan) (Appellant) v Secretary of State for the Home Department (Respondent) (1) Where the Competent Authority for the purposes of the European Convention on Action against Trafficking in Human Beings (ECAT) has determined that a person is not a victim of trafficking, what effect does this have on the jurisdiction of a tribunal hearing an appeal against a decision to remove that person to decide whether a person is a victim of trafficking? Full case details
UKSC 2018/0133 R (on the application of Palestine Solidarity Campaign Ltd and another) (Appellants) v Secretary of State for Communities and Local Government (Respondent) Whether parts of the Secretary of State's guidance on the investment of Local Government Pensions Schemes relating to UK foreign and defence policy were for an unauthorised purpose. Full case details
UKSC 2018/0104 R v Adams (Appellant) (Northern Ireland) Whether a decision to make an interim custody order under the Detention of Terrorists (Northern Ireland) Order 1972 art. 4(1) was rendered invalid by the fact that it was made by the Minister of State and had not been considered personally by the Secretary of State. Full case details
UKSC 2019/0134 In the matter of XY (AP) (Appellant) (Scotland) Do the provisions of the Children's Hearings (Scotland) Act 2011 ("the Act") violate Articles 6 and 8 of the ECHR such that they are not law for the purposes of section 29 of the Scotland Act 1998? Should a declaration of incompatibility be made in respect of these provisions? Full case details
UKSC 2019/0063 ABC (AP) (Appellant) v Principal Reporter and another (Respondents) (Scotland) Should a declaration of incompatibility be made in respect of section 81(3) of the Children's Hearings (Scotland) Act 2011? Alternatively, does section 81(3) need to be read down so as to enable a sibling to become a deemed relevant person? Full case details
UKSC 2018/0100 Halliburton Company (Appellant) v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd) (Respondent) When should an arbitrator make disclosure of circumstances which may give rise to justifiable doubts as to his impartiality? Full case details
UKSC 2018/0213 WM Morrisons Supermarkets plc (Appellant) v Various Claimants (Respondent) (1) Whether the Data Protection Act 1988 (‘the DPA') excludes the application of vicarious liability to a breach of that Act, or for misuse of private information or breach of confidence Full case details
UKSC 2018/0230 Aspen Underwriting Ltd and others (Respondents) v Credit Europe Bank NV (Appellants) Whether the High Court has jurisdiction to determine the Insurers' claims against the Bank Full case details
UKSC 2018/0229 Aspen Underwriting Ltd and others (Appellants) v Credit Europe Bank NV (Respondent) Whether the High Court has jurisdiction to determine the Insurers' claims against the Bank Full case details
UKSC 2018/0208 Commissioners for Her Majesty's Revenue & Customs (Respondent) v Parry and others (Appellants) This appeal is principally about whether the pension scheme transfer by the late Mrs Staveley, and her omission to take income benefits which were then payable, constituted, or are to be treated as constituting, for the purposes of the Inheritance Tax 1984 ("IHTA 1984") a "disposition" which is a "transfer of value" in favour of her sons, who were to be the beneficiaries of the death benefit. The relevant statutory provisions are section 3(1) IHTA 1984, read with section 10(1), and section 3(3) IHTA 1984. Full case details
UKSC 2019/0031 In the matter of an application by Anthony McIntyre for Judicial Review (Northern Ireland) Whether the Supreme Court has jurisdiction to hear the applicant's proposed appeal given that the court from which he seeks to appeal declined to certify that a point of law of general public importance was involved in the decision. Full case details
UKSC 2019/0042 ZTE Corporation and another (Appellants) v Conversant Wireless Licensing SARL (Respondent) (1) Is it appropriate for an English court to enforce FRAND terms by reference to a global portfolio of SEPs? Full case details
UKSC 2019/0041 Huawei Technologies Co Ltd and another (Appellants) v Conversant Wireless Licensing SARL (Respondent) (1) Is it appropriate for an English court to enforce FRAND terms by reference to a global portfolio of SEPs? Full case details
UKSC 2018/0214 Unwired Planet International Ltd and another (Respondents) v Huawei Technologies (UK) Co Ltd and another (Appellants) (1) Is it appropriate for an English court to enforce FRAND terms by reference to a global portfolio of SEPs? Full case details
UKSC 2018/0211 Duval (Respondent) v 11-13 Randolph Crescent Ltd (Appellant) Is a landlord of a block of flats entitled, without breach of covenant, to grant a licence to a lessee to carry out work which would breach an absolute covenant contained in a lease of her flat, where the leases of other flats on similar terms require the landlord to enforce covenants at the request of a lessee of one of those other flats? Full case details
UKSC 2018/0140 R (on the application of DN (Rwanda)) (AP) (Appellant) v Secretary of State for the Home Department (Respondent) The Supreme Court is asked to consider (1) whether R (on the application of Draga) v Secretary of State for the Home Department [2012] EWCA Civ 842 ("Draga") was correctly decided and (2) whether the Court of Appeal in this case was, in fact, bound for the reasons it gave to follow Draga. Full case details
UKSC 2018/0159 MS (Pakistan) (Appellant) v Secretary of State for the Home Department (Respondent) (1) Where the Competent Authority for the purposes of the European Convention on Action against Trafficking in Human Beings (ECAT) has determined that a person is not a victim of trafficking, what effect does this have on the jurisdiction of a tribunal hearing an appeal against a decision to remove that person to decide whether a person is a victim of trafficking? Full case details
UKSC 2019/0057 Elgizouli (AP) (Appellant) v Secretary of State for the Home Department (Respondent) (a) Whether it is unlawful for the Secretary of State to exercise his power to provide mutual legal assistance so as to provide evidence to a foreign state that will facilitate the imposition of the death penalty in that state on the individual in respect of whom the evidence is sought. Full case details
UKSC 2016/0229 Test Claimants in the Franked Investment Income Group Litigation & Others (Respondents) v Commissioners of Inland Revenue (Appellant) (2) (1) The compatibility of United Kingdom corporate taxation with certain principles of EU law and the liabilities of the Revenue to a taxpayer who has overpaid tax on the basis of incompatible United Kingdom legislation. Full case details
UKSC 2016/0228 Test Claimants in the Franked Investment Income Group Litigation & Others (Respondents) v Commissioners of Inland Revenue (Appellant) (1) (1) The compatibility of United Kingdom corporate taxation with certain principles of EU law and the liabilities of the Revenue to a taxpayer who has overpaid tax on the basis of incompatible United Kingdom legislation. Full case details
UKSC 2018/0178 Sevilleja (Respondent) v Marex Financial Ltd (Appellant) Whether the rule against reflective loss bars creditors of a company from claiming directly against a third party for asset-stripping the company. Full case details
UKSC 2018/0090 Computer Associates (UK) Ltd (Respondent) v The Software Incubator Ltd (Appellant) Computer Associates (UK) Ltd (Respondent) v The Software Incubator Ltd (Appellant) Full case details
UKSC 2018/0067 Frederick and others (Appellants) v Positive Solutions (Financial Services) Ltd (Respondent) Whether the Respondent is vicariously liable for the fraudulent and dishonest actions of its agent. Full case details
UKSC 2016/0167 FA (Pakistan) (Appellant) v Secretary of State for the Home Department (Respondent) Whether refusal of asylum on the expectation an individual will suppress the expression of their religious faith, where the State criminalises the reasonable expression of that identity, is consistent with the ‘fundamental right to live openly and freely, as themselves' as per HJ (Iran) and HT (Cameroon) v SSHD [2010] UKSC 31 or with the understanding of religious belief as ‘so fundamental to human identity that one should not be compelled to hide, change, or renounce this in order to avoid persecution' as per RT (Zimbabwe) and Ors [2012] UKSC 38. 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

Displaying 51 results