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 2017/0212 Secretary of State for Justice (Respondent) v MM (Appellant) Whether a detained mental health patient with capacity should be permitted to offer his consent to the First Tier Tribunal imposing conditions as part of his conditional discharge, where the proposed conditions satisfy the objective elements of a deprivation of liberty for the patient. Full case details
UKSC 2018/0080 THE UK WITHDRAWAL FROM THE EUROPEAN UNION (LEGAL CONTINUITY) (SCOTLAND) BILL – A Reference by the Attorney General and the Advocate General for Scotland On 17 April 2018, the UK Government's Law Officers, the Attorney General and the Advocate General for Scotland, referred EU exit legislation passed in the Scottish Parliament (The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill) to the Supreme Court. The Law Officers are asking the Supreme Court for a ruling on whether this legislation is within devolved legislative powers. Full case details
UKSC 2018/0074 R (on the application of DS and others) (Appellants) v Secretary of State for Work and Pensions (Respondent) (i) 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 article 14 of the European Convention on Human Rights read with article 1 of the First Protocol and/or article 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 2017/0075 Rhuppiah (Appellant) v Secretary of State for the Home Department (Respondent) The meaning of precarious in s.117B(5) of the Nationality Immigration and Asylum Act 2002. Full case details
UKSC 2017/0083 Regency Villas Title Ltd and others (Respondents/Cross-Appellants) v Diamond Resorts (Europe) Ltd and others (Appellants/Cross-Respondents) In the context of easements, what is the correct approach to the requirement that to qualify as an easement a right must accommodate the dominant tenement in the sense that it provides "utility and benefit" in the use of the dominant land? In particular, what is the correct approach when the right is a right to recreation which is enjoyed in a self-contained way on the servient land? The correctness of the decision in Re Ellenborough Park is also in issue. Full case details
UKSC 2016/0218 Dooneen Ltd (t/a McGuines Associates) and another (Respondents) v Mond (Appellant) (Scotland) The construction of the expression "final distribution" in a voluntary trust deed for creditors, and whether this includes a distribution made when the creditors receive less than 100 pence in the pound and there remain (following that distribution) assets vested in the trustee, albeit the trustee is unaware of their existence. Full case details
UKSC 2017/0103 Warner (Respondent) v Scapa Flow Charters (Appellant) (Scotland) Whether, on a correct reading of Article 16 of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974, sub-section 18(3) of the Prescription and Limitation (Scotland) Act 1973 operates as a "suspension or interruption" so as to protect the claim made on behalf of the respondent’s son from being time-barred. 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 2017/0073 Nottingham City Council (Appellant) v Parr and another (Respondents) Whether the Housing Act 2004 s.67, which empowers a local authority licensing a house in multiple occupation ("HMO") to impose conditions regulating the use or occupation of the house, includes the power to limit the category of person for whom the HMO is suitable – for example, students. Full case details
UKSC 2016/0210 Barnardo's (Appellant) v Buckinghamshire and others (Respondents) The proper construction of terms of a Pension Scheme: whether Trustees have the power to adopt an alternative index from the Retail Prices Index ("RPI"), when RPI remains an officially published index, notwithstanding RPI having been superseded (and in that sense "replaced") by the Consumer Price Index as the government’s front-line inflation measure (including for the purposes of pensions’ uprating) Full case details
UKSC 2017/0070 Darnley (Appellant) v Croydon Health Services NHS Trust (Respondent) Whether non-clinically trained reception staff at an A&E department owed a tortious duty of care to the appellant to provide him with accurate information regarding waiting times. Full case details
UKSC 2017/0040 Mills (Appellant) v Mills (Respondent) The proper approach to applications to vary periodical payments orders made pursuant to s.31(7) of the Matrimonial Causes Act 1973 after the grant of a decree of divorce and in particular whether, provision having already been made for the wife’s housing costs in the capital settlement in the original consent order of 2002, the Court of Appeal were wrong in taking these into account when increasing the wife’s periodical payments under the joint lives spousal maintenance provision contained in 2002 order. Full case details
UKSC 2018/0091 R v MacKinlay and others (Respondents) Do property, goods, services or facilities transferred to or provided for the use or benefit of a candidate free of charge or at a discount (as identified in s.90C(1)(a) of the Representation of the People Act 1983 (as amended)) only fall to be declared as election expenses if they have been authorised by the candidate, his election agent or someone authorised by either or both of them? Full case details
UKSC 2017/0077 Owens (Appellants) v Owens (Respondent) The interpretation of s.1(2)(b) Matrimonial Causes Act 1973 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 2017/0066 Reference by the Attorney General for Northern Ireland of devolution issues to the Supreme Court pursuant to Paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 (No 2) Whether in the light of the prohibition of discrimination on the grounds of political opinion or religious belief contained in s.24(1)(c) of the Northern Ireland Act 1998, there was power to make, confirm or approve reg.5 of the Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006 (‘Regulation 5’) insofar as Regulation 5 imposes civil liability for the refusal to express a political opinion or to express a view on a matter of public policy contrary to the religious belief of the person refusing to express that view. Full case details
UKSC 2017/0026 Reference by the Attorney General for Northern Ireland of devolution issues to the Supreme Court pursuant to Paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 Whether in the light of the prohibition of discrimination on the grounds of political opinion or religious belief contained in s.24(1)(c) of the Northern Ireland Act 1998, there was power to make, confirm or approve reg.5 of the Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006 (‘Regulation 5’) insofar as Regulation 5 imposes civil liability for the refusal to express a political opinion or to express a view on a matter of public policy contrary to the religious belief of the person refusing to express that view. Full case details
UKSC 2017/0020 Lee (Respondent) v Ashers Baking Company Ltd and others (Appellants) (Northern Ireland) Whether the appellants directly discriminated against a customer, the respondent, on the grounds of sexual orientation, contrary to the Equality Act (Sexual Orientation) Regulations (NI) 2006, and religious and political belief, contrary to the Fair Employment and treatment (NI) Order 1998, by refusing to make a cake decorated with the words "Support Gay Marriage". Full case details
UKSC 2017/0035 In the matter of an application by Siobhan Mclaughlin for Judicial Review (AP) (Northern Ireland) Whether s.39A(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 which provides for payment of a Widowed Parent’s Allowance is incompatible with art.14 ECHR read with art.8 and/or Article 1 of Protocol 1. Full case details
UKSC 2017/0023 Totel Ltd (Appellant) v Commissioners for Her Majesty’s Revenue and Customs (Respondent) Whether the prepayment rule for VAT infringes the EU law principle of equivalence. Full case details
UKSC 2016/0121 Banca Nazionale del Lavoro SPA (Respondent) v Playboy Club London Limited and others (Appellants) Whether a duty of care for a negligent misstatement is capable of arising through an agent for the benefit of an undisclosed principal. Full case details
UKSC 2016/0207 Pereira (Appellant) v Secretary of State for the Home Department (Respondent) The correct approach to determining when it will be unreasonable to expect a non-British child who has been resident in the UK for seven or more years to leave the UK under 276ADE(1)(iv) of the Immigration Rules. Full case details
UKSC 2016/0187 NS (Sri Lanka) and others (Appellants) v Secretary of State for the Home Department Whether the conduct of the parent(s) can be taken into account when considering whether it would be reasonable for a child to leave the UK under s.117B(6) of the Nationality, Immigration and Asylum Act 2002. Full case details
UKSC 2016/0184 IT (Jamaica) (Appellant) v Secretary of State for the Home Department (Respondent) The weight to be given to the public interest when considering whether a refusal to revoke a deportation order against a foreign criminal would be "unduly harsh" on his British citizen child. Full case details
UKSC 2016/0107 KO (Nigeria) (Appellant) v Secretary of State for the Home Department (Respondent) Whether a court or tribunal, when considering the public interest in deportation, should take into account parental misconduct when assessing whether the effect of deportation on a child (with whom the foreign criminal has a parental relationship) is "unduly harsh" under s.117C(5) of the Nationality Immigration and Asylum Act 2002 / para 399 of the Immigration Rules. Full case details
UKSC 2017/0003 James-Bowen and others (Respondents) v Commissioner of Police for the Metropolis (Appellant) Whether a person who is sued in civil litigation for alleged misconduct by his employees (or others for whom he is vicariously liable) owes those employees a duty of care in the conduct of his defence. Full case details
UKSC 2016/0102 Prudential Assurance Company Ltd (Respondent) v Commissioners for Her Majesty's Revenue and Customs (Appellant) Permission was granted on one issue by the Court of Appeal; this is an application for permission on the remaining grounds, and a request for a preliminary reference to be made. The grounds include: (i) whether a non-discriminatory treatment of foreign sourced dividends under EU law requires a tax credit to be set at the effective or nominal rate of tax. Full case details
UKSC 2017/0037 Williams and another (Appellants) v London Borough of Hackney (Respondent) The lawfulness of the accommodation of the appellants’ children by the respondent under s.20 of the Children Act 1989. Full case details
UKSC 2017/0078 Warner-Lambert Company LLC (Respondent) v Generics (UK) Ltd t/a Mylan and another (Appellants) 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 2017/0069 Warner-Lambert Company LLC (Respondent) v Generics (UK) Ltd t/a Mylan and another (Appellant) 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 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 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 2017/0202 An NHS Trust (Respondent) v Y (by his litigation friend, the Official Solicitor) and another (Appellant) Is it mandatory to bring before the court the withdrawal of Clinically Assisted Nutrition and Hydration from a patient who has a prolonged disorder of consciousness, in circumstances where the clinical team and the family are agreed that it is not in the patient's best interests that he continues to receive that treatment? Full case details
UKSC 2017/0097 R (on the application of Stott) (AP) (Appellant) v Secretary of State for Justice (Respondent) Whether, but for the House of Lords decision in R (Clift) v SSHD [2007] 1 AC 484, the statutory provisions on release of extended determinate sentence prisoners are discriminatory and incompatible with art.14 ECHR? 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 2016/0144 R (on the application of AR) (Appellant) v Chief Constable of Greater Manchester Police and another (Respondents) Whether disclosure of details of a rape acquittal in an Enhanced Criminal Record Certificate violates the presumption of innocence protected by art.6(2) ECHR. 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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