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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 2022/0004 Smith and another (Appellants) v Royal Bank of Scotland (Respondent) This appeal concerns the proper interpretation of section 140A of the Consumer Credit Act 1974. The key issue is whether, in assessing the fairness of a relationship, the court can compartmentalise a relationship and, accordingly, consider whether a relationship is unfair at a given point during the relationship, rather than at the end of the relationship. Full case details for Smith and another (Appellants) v Royal Bank of Scotland (Respondent)
UKSC 2021/0216 Moulsdale t/a Moulsdale Properties (Appellant) v Commissioners for His Majesty’s Revenue and Customs (Respondent) (Scotland) Whether the taxpayer’s sale of certain property was a supply exempt from value added tax ("VAT")? More specifically, whether the taxpayer intended or expected that the property sold was or would be a capital item in the hands of the purchaser under Schedule 10 of the VAT Act 1994, resulting in the taxpayer’s option to tax being disapplied? Full case details for Moulsdale t/a Moulsdale Properties (Appellant) v Commissioners for His Majesty’s Revenue and Customs (Respondent)
UKSC 2021/0188 Rakusen (Respondent) v Jepson and others (Appellants) Can a Rent Repayment Order only be made against an immediate landlord or can a superior landlord also be liable? Full case details for Rakusen (Respondent) v Jepson and others (Appellants)
UKSC 2021/0087 Jones (Appellant) v Birmingham City Council and another (Respondents) Whether Part 4 of the Policing and Crime Act 2009 is incompatible with Article 6 of the European Convention on Human Rights. Full case details for Jones (Appellant) v Birmingham City Council and another (Respondents)
UKSC 2021/0085 Republic of Mozambique (acting through its Attorney General) (Appellant) v Privinvest Shipbuilding SAL (Holding) and others (Respondents) Whether the Court of Appeal erred in its approach to section 9 of the Arbitration Act 1996 in finding that none of Mozambique’s claims were "matters" outside the scope of the relevant arbitration agreements. Full case details for Republic of Mozambique (acting through its Attorney General) (Appellant) v Privinvest Shipbuilding SAL (Holding) and others (Respondents)
UKSC 2022/0075 Philipp (Respondent) v Barclays Bank UK PLC (Appellant) Whether the Court of Appeal erred in allowing Mrs Philipp’s appeal against the summary decision to strike out her case alleging negligence on the part of Barclays in failing to protect her against fraud? Full case details for Philipp (Respondent) v Barclays Bank UK PLC (Appellant)
UKSC 2022/0007 Commissioners for His Majesty's Revenue and Customs (Appellant) v Vermilion Holdings Ltd (Respondent) (Scotland) Was the right or opportunity for Mr Noble to acquire the 2007 Option (a) available by reason of his directorship of VHL (section 471(1) ITEPA); or (b) made available by Mr Noble’s employer (section 471(3) ITEPA), thereby subjecting it to income tax under Chapter 5, Part 7 of ITEPA? Full case details for Commissioners for His Majesty's Revenue and Customs (Appellant) v Vermilion Holdings Ltd (Respondent) (Scotland)
UKSC 2022/0046 Wolverhampton City Council and others (Respondents) v London Gypsies and Travellers and others (Appellants) Can the Court grant final injunctions that prevent persons, who are unknown and unidentified as at the date of the order, from occupying and trespassing on land? Full case details for Wolverhampton City Council and others (Respondents) v London Gypsies and Travellers and others (Appellants)
UKSC 2021/0089 Trustees of the Barry Congregation of Jehovah's Witnesses (Appellant) v BXB (Respondent) Did the Court of Appeal wrongly find the Trustees of the Barry Congregation of Jehovah’s Witnesses ("the Congregation") to be vicariously liable for a rape committed by one of their elders? Full case details for Trustees of the Barry Congregation of Jehovah's Witnesses (Appellant) v BXB (Respondent)
UKSC 2021/0078 R (on the application of PACCAR Inc and others) (Appellants) v Competition Appeal Tribunal and others (Respondents) Are funding agreements entered into with claimants by third parties who play no part in the conduct of the litigation, but whose remuneration is fixed as a share of the damages recovered by the client, "damages-based agreements" ("DBAs") within the meaning of the relevant legislation which regulates such agreements? Full case details for R (on the application of PACCAR Inc and others) (Appellants) v Competition Appeal Tribunal and others (Respondents)
UKSC 2021/0147 Lifestyle Equities C.V. and another (Respondents) v Ahmed and another (Appellants) What is the nature and extent of the liability of a director, or senior executive employee, for causing a company to commit a tort of strict liability, here trade mark infringement? Full case details for Lifestyle Equities C.V. and another (Respondents) v Ahmed and another (Appellants)
UKSC 2021/0150 Lifestyle Equities C.V. and another (Appellants) v Ahmed and another (Respondents) What is the nature and extent of the liability of a director, or senior executive employee, for causing a company to commit a tort of strict liability, here trade mark infringement? Full case details for Lifestyle Equities C.V. and another (Appellants) v Ahmed and another (Respondents)
UKSC 2022/0056 Morgan and others (Respondents) v Ministry of Justice (Appellant) (Northern Ireland) Whether Section 30 of the Counter Terrorism and Sentencing Act 2021 is incompatible with Articles 5, 6, and/or 7 of the ECHR. If so, what (if any) remedy is appropriate. Full case details for Morgan and others (Respondents) v Ministry of Justice (Appellant) (Northern Ireland)
UKSC 2021/0201 Thaler (Appellant) v Comptroller-General of Patents, Designs and Trademarks (Respondent) The facts and issues in this case will be published, in due course. Full case details for Thaler (Appellant) v Comptroller-General of Patents, Designs and Trademarks (Respondent)
UKSC 2021/0144 JTI POLSKA Sp. Z o.o. and others (Respondents) v Jakubowski and others (Appellants) Should the Supreme Court depart from the decision in James Buchanan & Co Ltd v Babco Forwarding & Shipping Ltd [1978] AC 141, and hold that the words "… carriage charges, customs duties and other charges incurred in respect of the carriage of the goods" in article 23.4 of the Convention on the Contract for the International Carriage of Goods by Road (the "CMR") include excise duty that becomes payable if goods are stolen in the course of carriage and are deemed to have entered circulation in the country where the theft took place? Full case details for JTI POLSKA Sp. Z o.o. and others (Respondents) v Jakubowski and others (Appellants)
UKSC 2022/0121 The Manchester Ship Canal Company Ltd (Appellant) v United Utilities Water Ltd (Respondent) No 2 Can The Manchester Ship Canal Company Limited bring a private law claim in nuisance and/or trespass against United Utilities Water Limited ("UU") in respect of unauthorised discharges of untreated foul water by UU into the canal? Full case details for The Manchester Ship Canal Company Ltd (Appellant) v United Utilities Water Ltd (Respondent) No 2
UKSC 2021/0233 R (on the application of Palmer) (Appellant) v Northern Derbyshire Magistrates Court and another (Respondents) Whether an administrator appointed under Part II of the Insolvency Act 1986 is a "director, manager, secretary or other similar officer of the body corporate" so as to fall within s194(3) of the Trade Union and Labour Relations (Consolidation) Act 1992 Full case details for R (on the application of Palmer) (Appellant) v Northern Derbyshire Magistrates Court and another (Respondents)
UKSC 2021/0195 R (on the application of Toraane and another) (AP) (Appellants) v Secretary of State for the Home Department (Respondents) The Home Secretary’s Vulnerable Persons Resettlement Scheme indirectly discriminates against Palestinian refugees from Syria. This gives rise to three issues. Full case details for R (on the application of Toraane and another) (AP) (Appellants) v Secretary of State for the Home Department (Respondents)
UKSC 2021/0056 Commissioners for His Majesty’s Revenue and Customs (Appellant) v SSE Generation Ltd (Respondent) Whether and to what extent SSE is entitled to claim capital allowances for the expenditure that it incurred in the construction of the Glendoe Hydro Electric Power Scheme. Full case details for Commissioners for His Majesty’s Revenue and Customs (Appellant) v SSE Generation Ltd (Respondent)
UKSC 2020/0208 R (on the application of Officer W80) (Appellant) v Director General of the Independent Office for Police Conduct and others (Respondents) In the context of police misconduct proceedings, is it open to a reasonable disciplinary panel to make a finding of misconduct if an officer’s honest, but mistaken, belief that his life was threatened was found to be unreasonable. Full case details for R (on the application of Toraane and another) (AP) (Appellants) v Secretary of State for the Home Department (Respondents)
UKSC 2021/0050 Jalla and another (Appellants) v Shell International Trading and Shipping Company and another (Respondents) When an event causes permanent or very long-lasting pollution and toxicity with ongoing or fresh damage or impacts, is that a continuing nuisance with fresh causes of action accruing until such time as the pollution is cleared up, or it eventually disappears of its own accord, in circumstances where the event causing the pollution occurs only once? Full case details for Jalla and another (Appellants) v Shell International Trading and Shipping Company and another (Respondents)
UKSC 2021/0019 R (on the application of VIP Communications Ltd (In Liquidation)) (Respondent) v Secretary of State for the Home Department (Appellant) Can the Secretary of State direct the Office of Communications (Ofcom) not to introduce regulations exempting certain wireless telegraphy equipment from a licensing requirement on national security grounds? Full case details for R (on the application of VIP Communications Ltd (In Liquidation)) (Respondent) v Secretary of State for the Home Department (Appellant)
UKSC 2021/0159 Unger and another (in substitution for Hasan) (Appellants) v Ul-Hasan (deceased) and another (Respondents) Whether an unadjudicated claim for financial provision under the Matrimonial and Family Proceedings Act 1984 (the "1984 Act") survives the death of the respondent and can be continued against their estate. Full case details for Unger and another (in substitution for Hasan) (Appellants) v Ul-Hasan (deceased) and another (Respondents)
UKSC 2020/0212 In the matter of an application by Rosaleen Dalton for Judicial Review (Northern Ireland) Whether the procedural obligation to investigate pursuant to Article 2 of the European Convention on Human Rights applies to the State in respect of Mr Dalton’s death. Full case details for In the matter of an application by Rosaleen Dalton for Judicial Review (Northern Ireland)
UKSC 2021/0010 Brake and another (Respondents) v Chedington Court Estate Ltd (Appellant) Does a bankrupt have standing under section 303(1) of the Insolvency Act 1986 to challenge transactions entered by their trustee in bankruptcy in situations where the relief sought would have no impact on their position within the bankruptcy? Full case details for Brake and another (Respondents) v Chedington Court Estate Ltd (Appellant)
UKSC 2022/0052 R (on the application of Pearce and another) (Respondents) v Parole Board of England and Wales (Appellant) When a panel of the Parole Board assesses the risk to the public arising from the potential release of a prisoner, can it only take into account allegations if they are proved on the balance of probabilities? Full case details for R (on the application of Pearce and another) (Respondents) v Parole Board of England and Wales (Appellant)
UKSC 2021/0047 News Corp UK & Ireland Ltd (Appellant) v Commissioners for His Majesty's Revenue and Customs (Respondent) Whether the Court of Appeal erred in finding that News UK’s supplies of digital issues of The Times, The Sunday Times and The Sun were not supplies of “newspapers” within the meaning of the Value Added Tax Act 1994 (VATA) such that they could not be zero-rated for VAT. Full case details for News Corp UK & Ireland Ltd (Appellant) v Commissioners for His Majesty's Revenue and Customs (Respondent)
UKSC 2021/0038 R (on the application of Maguire) (Appellant) v His Majesty’s Senior Coroner for Blackpool & Fylde and another (Respondents) Whether the death of a disabled woman who was deprived of her liberty engaged the state’s obligation to protect life under Article 2 of the European Convention on Human Rights, therefore requiring an inquest jury to make findings regarding the circumstances by which the death occurred. Full case details for R (on the application of Maguire) (Appellant) v His Majesty’s Senior Coroner for Blackpool & Fylde and another (Respondents)
UKSC 2022/0093 In the matter of an application by James Hugh Allister and others for Judicial Review (Appellants) (Northern Ireland) In these conjoined appeals, the appellants challenge the lawfulness and constitutionality of the respondents’ decisions and actions in the negotiation, implementation, and operation of the Northern Ireland Protocol (“the Protocol”). The issues raised concern the constitutional settlement of the UK, the operation and interpretation of the Belfast Agreement, and the effect of the Withdrawal Agreement between the UK and the EU and the Protocol in domestic law. Full case details for In the matter of an application by James Hugh Allister and others for Judicial Review (Appellants) (Northern Ireland)
UKSC 2022/0089 In the matter of an application by James Hugh Allister and others for Judicial Review (Appellants) (Northern Ireland) In these conjoined appeals, the appellants challenge the lawfulness and constitutionality of the respondents’ decisions and actions in the negotiation, implementation, and operation of the Northern Ireland Protocol (“the Protocol”). The issues raised concern the constitutional settlement of the UK, the operation and interpretation of the Belfast Agreement, and the effect of the Withdrawal Agreement between the UK and the EU and the Protocol in domestic law. Full case details for In the matter of an application by Clifford Peeples for Judicial Review (Appellant) (Northern Ireland)
UKSC 2021/0031 R (on the application of Day) (Appellant) v Shropshire Council (Respondent) When a local authority sells land which is subject to a statutory trust for public recreational purposes without complying with the relevant statutory requirements, does that trust continue or end? In either case, what are the legal implications for the authority and the buyer? Full case details for R (on the application of Day) (Appellant) v Shropshire Council (Respondent)
UKSC 2021/0059 Aviva Investors Ground Rent GP Ltd and another (Respondents) v Williams and others (Appellants) What is the extent to which a provision providing that the landlord may reasonably determine the tenant’s share of service charges in a residential lease is invalidated or affected by section 27A (6) of the Landlord and Tenant Act 1985? Full case details for Aviva Investors Ground Rent GP Ltd and another (Respondents) v Williams and others (Appellants)
UKSC 2021/0172 Shanghai Shipyard Co. Ltd (Respondent) v Reignwood International Investment (Group) Company Ltd (Appellant) This case concerns the proper characterisation of a shipbuilding performance guarantee (the "Guarantee"). There are two issues of law: Full case details for Shanghai Shipyard Co. Ltd (Respondent) v Reignwood International Investment (Group) Company Ltd (Appellant)
UKSC 2019/0204 Chief Constable of the Police Service of Northern Ireland and another (Appellants/Cross-Respondents) v Agnew and others (Respondents/Cross-Appellants) (Northern Ireland) Whether the Court of Appeal erred in finding that there had been a breach of the principle of equivalence and that the Working Time Regulations (Northern Ireland) 1998 and Working Time Regulations (Northern Ireland) 2016 had to be read to afford a right to police officer claimants to present a complaint with regard to a series of underpayments of holiday pay; Full case details for Chief Constable of the Police Service of Northern Ireland and another (Appellants/Cross-Respondents) v Agnew and others (Respondents/Cross-Appellants) (Northern Ireland
UKSC 2022/0042 R (on the application of D4) (Respondent) v Secretary of State for the Home Department (Appellant) Is the Secretary of State entitled to serve notice of a decision to deprive a person of British citizenship by placing a copy on the relevant person’s Home Office file? Full case details for R (on the application of D4) (Respondent) v Secretary of State for the Home Department (Appellant)
UKSC 2022/0062 London Steam-ship Owners' Mutual Insurance Association Ltd (Respondent) v Kingdom of Spain (Appellant) Whether a judge erred in referring three questions to the CJEU under the preliminary reference procedure shortly before the end of the implementation period of the United Kingdom’s exit from the European Union. Full case details for London Steam-ship Owners' Mutual Insurance Association Ltd (Respondent) v Kingdom of Spain (Appellant)
UKSC 2021/0139 Canada Square Operations Ltd (Appellant) v Potter (Respondent) This case concerns the meaning and effect of section 32 of the Limitation Act 1980, which postpones the commencement of a limitation period where a fact relevant to the claimant’s claim has been "deliberately concealed" by the defendant. Full case details for Canada Square Operations Ltd (Appellant) v Potter (Respondent)
UKSC 2018/0192 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. 3 In the Appeal by The Law Debenture Trust Corporation p.l.c.: (i) 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 for 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. 3
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.: (i) 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 forThe 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
UKSC 2019/0149 East of England Ambulance Service NHS Trust (Appellant) v Flowers and others (Respondents) How should holiday pay be calculated on (i) the correct construction of the relevant, nationwide NHS employment contract; and (ii) in relation to the Working Time Directive? Full case details for East of England Ambulance Service NHS Trust (Appellant) v Flowers and others (Respondents)
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 for 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
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 for 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

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