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 2018/0054 Sveriges Anfgartygs Assurans Forening (The Swedish Club) and others (Appellants) v Connect Shipping Inc and another (Respondents) (i) Was the CA right to conclude that the Respondents did not have ‘reliable information of the loss’ by 1 February 2013 for the purposes of s.62(3) Marine Insurance Act (‘MIA’); Full case details
UKSC 2017/0215 Secretary of State for Work and Pensions (Appellant) v MM (AP) (Respondent) (Scotland) Where a claim to personal independence payment under the Social Security (Personal Independence Payment) Regulations 2013 is based on a person needing social support to be able to engage with other people: (1) must the social support needed be contemporaneous with the engagement being supported? (2) does anything that constitutes needing "prompting" to be able to engage with other people also constitute social support, subject to it being provided by a person trained or experienced in assisting people to engage in social situations? Full case details
UKSC 2017/0190 Routier and another (Appellants) v Commissioners for Her Majesty’s Revenue and Customs (Respondent) Whether a disposition to a charitable trust in a will subject to the law of Jersey should be exempt from inheritance tax under s. 23 of the Inheritance Tax Act 1984 and whether, if the disposition is held not to be so exempt in domestic law, this constitutes an unlawful restriction on the movement of capital under Article 63 TFEU. 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 2017/0195 Akcil and others (Appellants) v Koza Ltd and another (Respondents) (1) Whether Article 24(2) of the Recast Regulation (Regulation (EU) No. 1215/2012) ("Article 24(2)") confers exclusive jurisdiction on the English courts to determine the authority in England of directors appointed in foreign proceedings to the board of a foreign corporate shareholder of a company registered in England to cause or permit the foreign corporate shareholder to do anything as a shareholder of the English company. Full case details
UKSC 2018/0040 In the matter of an application by Dennis Hutchings for Judicial Review (Northern Ireland) (i) On a true construction of condition 4 in section 1 of the Justice and Security (Northern Ireland) Act 2007 (the "2007 Act"), does it embrace members of the security forces in Northern Ireland accused of offences that are not part of sectarian violence? Full case details
UKSC 2018/0008 Secretary of State for Work and Pensions (Appellant) v Gubeladze (AP) (Respondent) Whether the UK’s decision to extend the applicability of Workers’ Registration Scheme (which applied to individuals coming to work in the UK from the 8 Accession States which joined the EU in 2004) by two years was lawful. Full case details
UKSC 2018/0073 Commissioners for Her Majesty’s Revenue and Customs (Appellant) v Frank A Smart & Sons Ltd (Respondent) (Scotland) Whether the Respondent taxpayer is entitled to deduct the VAT it paid on the acquisitions of single farm payment entitlement (SFPE). Full case details
UKSC 2017/0126 R (on the application of Association of Independent Meat Suppliers and another) (Appellants) v Food Standards Agency (Respondent) The issue is whether there is a right of appeal against an Official Veterinarian’s assessment of the fitness of meat for human consumption where there is a dispute as to the fitness of the meat for human consumption. Full case details
UKSC 2018/0031 Telereal Trillium (Respondent) v Hewitt (Valuation Officer) (Appellant) (i) Whether regard should be given, when ascertaining the rateable value of a property under the statutory hypothesis in paragraph 2(1) of Sch. 6 to the Local Government Finance Act 1988, to general demand for comparable properties in the market. Full case details
UKSC 2018/0184 Cape Intermediate Ltd (Appellant/Cross Respondent) v Dring (for and on behalf of Asbestos Victims Support Groups Forum UK) (Respondent/Cross Appellant) What are the powers of the court pursuant to the Civil Procedure Rules or its inherent jurisdiction to permit access to documents used in litigation to which the applicant was not a party? 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 2018/0013 Commissioners for Her Majesty’s Revenue and Customs (Respondent) v Joint Administrators of Lehman Brothers International (Europe) (In Administration) (Appellant) Whether statutory interest constitutes "yearly interest" for the purposes of section 874(1) of the Income Tax Act 2007. Full case details
UKSC 2017/0032 Shanks (Appellant) v Unilever Plc and others (Respondents) What amounts to an "outstanding benefit" for the purposes of determining whether an employee who has made an invention belonging to an employer for which a patent has been granted is entitled to compensation pursuant to s.40(1) of the Patents Act 1977? Full case details
UKSC 2017/0172 Samuels (Appellant) v Birmingham City Council (Respondent) Whether the respondent was entitled to treat the appellant as intentionally homeless on the basis that part of her income from subsistence benefits was available to meet the shortfall between her contractual rent and the housing benefit awarded to her, and whether sufficient reasons were given for this decision. Full case details
UKSC 2017/0110 R (on the application of Newby Foods Ltd) (Appellant) v Food Standards Agency (Respondent) Whether the left-over meat on an animal carcass after it has been mechanically butchered, which is then removed from that carcass via a second mechanical process which does not crush the meat, should properly be categorised as "Mechanically separated meat" ("MSM") within the definition in Point 1.14 of Annex I to EU Regulation No. 853/2004. Full case details
UKSC 2018/0045 Stocker (Appellant) v Stocker (Respondent) (i) Whether the judge erred in determining the meaning of the words complained of, contrary to material adduced by the appellant as to the usage of the words to which he should have had regard Full case details
UKSC 2017/0182 Tillman (Respondent) v Egon Zehnder Ltd (Appellant) (1) Whether the doctrine of restraint of trade is engaged by a restriction on post-employment shareholding; (2) The proper construction of the phrase "interested in" in a non-competition covenant; (3) The correct approach to severance of a non-competition covenant. Full case details
UKSC 2017/0185 Vedanta Resources PLC and another (Appellants) v Lungowe and others (Respondents) (1) The proper approach to the "real issue"/"proper party" test under Practice Direction 6B para. 3.1, where a claimant seeks to sue a foreign subsidiary and a UK-domiciled parent company. Full case details
UKSC 2017/0096 R&S Pilling t/a Phoenix Engineering (Respondent) v UK Insurance Ltd (Appellant) Whether on its true construction a policy of motor insurance covers extends to liability for damage to the property of third parties because of fire caused by repair work to the car when it is immobilised. Full case details
UKSC 2017/0127 R (on the application of Derry) (Respondent) v Commissioner for Her Majesty’s Revenue and Customs (Appellant) The correct procedure HMRC is required to follow under the Taxes Management Act 1970 (‘TMA 1970’) where it wishes to enquire into a claim for carry-back share loss relief made in a self-assessed and calculated tax return. Full case details
UKSC 2017/0124 KV (Sri Lanka) (AP) (Appellant) v Secretary of State for the Home Department (Respondent) and another What is the correct approach to the assessment of medical evidence in asylum claims alleging torture. Full case details
UKSC 2017/0200 Konecny (Appellant) v District Court Czech Republic (Respondent) Where an individual has been convicted, but that conviction is not final because he has an unequivocal right to a retrial after surrender, is he "accused" pursuant to s.14(a) of the Extradition Act 2003 or "unlawfully at large" pursuant to s.14(b) for the purposes of considering the "passage of time" bar to surrender? Full case details
UKSC 2017/0111 Hancock and another (Appellants) v Her Majesty’s Revenue and Customs (Respondent) Whether a conversion of both non-qualifying corporate bonds and qualifying corporate bonds in a reorganisation is to be treated as a single conversion or two distinct conversions for the purposes of Section 132 of the Taxation of Chargeable Gains Act 1992. Full case details
UKSC 2018/0004 R (on the application of Privacy International) (Appellant) v Investigatory Powers Tribunal and others (Respondents) Whether s67(8) of the Regulation of Investigatory Powers Act 2000 ("RIPA") precludes judicial review of a decision of the Investigatory Powers Tribunal ("IPT"). Full case details
UKSC 2017/0115 Cameron (Respondent) v Liverpool Victoria Insurance Co Limited (Appellant) Whether a claimant is entitled to bring a claim for damages against an unnamed defendant if the claimant has been the victim of an unidentified hit-and-run driver, and the car the unidentified driver was driving is covered by an insurance policy, albeit one in the name of someone untraceable. Full case details
UKSC 2017/0092 Perry (Respondent) v Raleys Solicitors (Appellant) (1) Where a solicitor negligently fails to advise a client of a potential claim against a third party, and where that client then brings a claim against the solicitor, seeking damages for the lost opportunity to pursue the former claim: must the client prove, on the balance of probabilities, that the former claim would have been an honest claim? Full case details
UKSC 2017/0214 Actavis Group PTC EHF and others (Respondents) v ICOS Corporation and another (Appellants) What is the correct test for obviousness in the context of assessing the validity of a pharmaceutical patent? Full case details
UKSC 2017/0211 Robinson (Appellant) v Secretary of State for the Home Department (Respondent) Whether the right to appeal against the refusal of a ‘human rights claim’ pursuant to section 82 of the Nationality, Immigration and Asylum Act 2002 includes determinations by the Secretary of State that further submissions do not amount to a ‘fresh claim’ under paragraph 353 of the Immigration Rules Full case details
UKSC 2017/0175 Lachaux (Respondent) v Independent Print Limited and another (Appellants) The proper interpretation of the "serious harm" test in section 1(1) of the Defamation Act 2013. Full case details
UKSC 2017/0158 SAE Education Limited (Appellant) v The Commissioners of Her Majesty’s Revenue and Customs (Respondent) Whether the appellant was a college of Middlesex University and therefore an "eligible body" within the meaning of the Value Added Tax Act 1994, Schedule 9, Group 6, Item 1, exempting its supplies of education from VAT. Full case details
UKSC 2017/0159 In the matter of an application by Hugh Jordan for Judicial Review Whether the appellant is permitted to bring a claim under the Human Rights Act 1998, alleging a breach of the requirement of promptness in an investigation into a death contrary to Article 2 of the European Convention on Human Rights, before the inquest has finally concluded. Full case details
UKSC 2016/0223 Wells (Respondent) v Devani (Appellant) (1) Whether, where a commission agent and his principal have not expressly, in their oral discussions, identified and agreed the precise event upon which commission is payable, but have expressly agreed in those oral discussions that a commission would be payable at an agreed percentage, their bargain is incomplete. Full case details
UKSC 2017/0072 Takhar (Appellant) v Gracefield Developments Limited and others (Respondents Whether a party who seeks to set aside a judgment on the basis that it was obtained by fraud must demonstrate that he or she could not have discovered the fraud by the exercise of reasonable (or due) diligence at the time of the original trial. Full case details
UKSC 2018/0064 In the matter of D (A Child) Whether the confinement of D, a young person aged 16, who lacked capacity or competence to make decisions about his residence and care, amounted to a deprivation of his liberty for the purposes of Article 5 of the European Convention on Human Rights, in circumstances where his parents were consenting to the confinement. Full case details
UKSC 2018/0074 R (on the application of DS and others) (Appellants) v Secretary of State for Work and Pensions (Respondent) Whether the revised benefit cap introduced in s.96 Welfare Reform Act 2012 (as amended), and applied to the appellants in accordance with part 8A of the Housing Benefit General Regulations 2006 (as amended), discriminates against the children of lone parents and/or female lone parents in breach of art.14 ECHR read with article 1 of the First Protocol and/or art.8 Full case details
UKSC 2018/0061 R (on the application of DA and others) (AP) (Appellants) v Secretary of State for Work and Pensions (Respondent) Whether the application of the revised benefit cap, introduced by s.8 of the Welfare Reform and Work Act 2016, to lone parents with children under two years old (i) unlawfully discriminates against the parents and/or the children, contrary to art.14 ECHR, read with art.8 and/or Article 2 of the First Protocol and in breach of the United Kingdom’s international obligations under article 3 of the United Nations Convention on the Rights of the Child; and/or (ii) is irrational. Full case details
UKSC 2018/0012 Poole Borough Council (Respondent) v GN (Through his Litigation Friend "The Official Solicitor") and another (Appellants) Whether the case of D v East Berkshire Community NHS Trust [2004] QB 558 is correct and should continue to govern the position of local authorities in respect of their duties to children living in their areas. Full case details
UKSC 2017/0157 OWD Ltd trading as Birmingham Cash and Carry (in Liquidation) and another (Respondents) v Commissioners for Her Majesty’s Revenue and Customs (Appellant) Whether HMRC have the power to allow an alcohol wholesaler, who HMRC have identified as unfit to operate in the industry, to continue to trade lawfully on a temporary basis while the wholesaler is awaiting the outcome of their appeal against HMRC’s decision. Full case details
UKSC 2017/0156 OWD Ltd trading as Birmingham Cash and Carry (in Liquidation) and another (Appellants) v Commissioners for Her Majesty’s Revenue and Customs (Respondent) Whether HMRC have the power to allow an alcohol wholesaler, who HMRC have identified as unfit to operate in the industry, to continue to trade lawfully on a temporary basis while the wholesaler is awaiting the outcome of their appeal against HMRC’s decision. Full case details
UKSC 2017/0058 In the matter of an application by Geraldine Finucane for Judicial Review (Northern Ireland) Whether the respondent’s decision to appoint Sir Desmond de Silva to conduct a review into the murder of Patrick Finucane rather than to hold a public inquiry into the murder of the appellant’s husband was taken in accordance with the stated decision making process or whether it was a sham process and/or whether the outcome was pre-determined. Full case details
UKSC 2017/0170 R (on the application of P) (AP) (Appellant) v Secretary of State for the Home Department and others (Respondents) Whether the statutory requirements in relation to the retention and disclosure of certain criminal convictions and cautions to prospective employers, as amended in 2013 by virtue of the Police Act 1997 (Criminal Records Certificates: Relevant Matters) (Amendment) (England and Wales) Order 2013 and the Rehabilitation of Offenders Act (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2013, constitute a breach of art.8 ECHR. Full case details
UKSC 2017/0121 R (on the application of P, G and W) (AP) (Respondents) v Secretary of State for the Home Department and another (Appellants) Whether the statutory requirements in respect of an Enhanced Disclosure Certificate and parallel obligation of self-disclosure, such that the existence of more than one conviction will mean that all convictions, no matter their age or subject matter will be disclosable, is a breach of art.8 ECHR. Full case details
UKSC 2016/0195 In the matter of an application by Lorraine Gallagher for Judicial Review (Northern Ireland) Whether the statutory requirements in respect of an Enhanced Disclosure Certificate and parallel obligation of self-disclosure, such that the existence of more than one conviction will mean that all convictions, no matter their age or subject matter will be disclosable, is a breach of art.8 ECHR. Full case details
UKSC 2017/0001 R (on the application of Nealon) (Appellant) v Secretary of State for Justice (Respondent) Is the definition of a "miscarriage of justice" in s.133(1ZA) of the Criminal Justice Act 1988, which has the effect of restricting awards of compensation to cases in which a new or newly discovered fact shows beyond reasonable doubt that the person did not commit the offence, incompatible with the presumption of innocence in art.6(2) ECHR? Full case details
UKSC 2016/0227 R (on the application of Hallam) (Appellant) v Secretary of State for Justice (Respondent) Is the definition of a "miscarriage of justice" in s.133(1ZA) of the Criminal Justice Act 1988, which has the effect of restricting awards of compensation to cases in which a new or newly discovered fact shows beyond reasonable doubt that the person did not commit the offence, incompatible with the presumption of innocence in art.6(2) ECHR? 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
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 2015/0246 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

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