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 2016/0054 R (on the application of Cardiff & Vale University Health Board and others) (Respondents) v Ceredigion County Council and others (Appellants) Whether the NHS (through Local Health Boards) is required to fund registered nurses in care homes only when they are providing nursing care or also when they are providing social care to certain residents. 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 paragraph 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 2016/0039 Goldtrail Travel Limited (In Liquidation) (Respondent) v Onur Air Tasimacilik AS (Appellant) In what circumstances should a Court take into account the position of third parties who might be in a position to fund a litigant, when considering whether that litigant’s claim or defence is likely to be stifled by a requirement that it post security for costs. Full case details
UKSC 2016/0023 Reyes (Appellant/Cross-Respondent) v Al-Malki and another (Respondent/Cross-Appellant) Whether (i) the Employment Tribunal has jurisdiction to hear claims brought by the Appellant, under the exception to diplomatic immunity contained in Article 31(1)(c) of the 1961 Vienna Convention on Diplomatic Relations; and (ii) the Respondents were validly served with proceedings. Full case details
UKSC 2016/0015 McDonald (Respondent) v Newton or McDonald (AP) (Appellant) (Scotland) Whether the majority of the Extra Division of the Inner House erred in law in their interpretation of regulation 4 of the Divorce Etc (Pensions) (Scotland) Regulations 2000 (the "2000 Regulations") by determining that the phrase "period of membership" referred only to the period when contributions towards a pension are being made. Full case details
UKSC 2015/0230 Birch (Appellant) v Birch (Respondent) When varying a consent order, should the court apply s.31 of the Matrimonial Causes Act 1973, or is it constrained by Court of Appeal authority to apply a narrower approach, even if that is inconsistent with the children’s interests? 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 paragraph 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 2013/0146 R (on the application of Hemming (t/a Simply Pleasure Ltd) and others) (Respondents) v Westminster City Council (Appellant) Whether the appellants' scheme of charging fees for licensing sex shops in Soho, including those operated by the respondents, is permitted by Directive 2006/123/EC on Services in the Internal Market, as implemented by The Provision of Services Regulations 2009. Full case details
UKSC 2016/0181 Arcadia Petroleum Limited and others (Respondents) v Bosworth and another (Appellants) (1) 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 2016/0212 Lord Advocate (representing the Taiwanese Judicial Authorities and another) (Appellants) v Dean (Respondent) (Scotland) Whether the extradition of the respondent to Taiwan would be incompatible with Article 3 of the European Convention on Human Rights. 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 2016/0090 Walker (Appellant) v Innospec Limited and others (Respondents) Whether a male employee is entitled to require a pension fund to pay a surviving spouse’s pension to his civil partner or husband on the same basis that such a pension would be payable if he were married to a woman. Full case details
UKSC 2016/0073 RFC 2012 Plc (in liquidation) (formerly The Rangers Football Club Plc) (Appellant) v Advocate General for Scotland (Respondent) (Scotland) Whether the Court of Session erred in law in reversing the specialist Tribunals below and concluding that payments of "emoluments" or "earnings", for the purposes of the Income and Corporation Taxes Act 1988 and the Income Tax (Earnings and Pensions) Act 2003, had been made by the appellant to its employees. Full case details
UKSC 2016/0011 R (on the application of Byndloss) (Appellant) v Secretary of State for the Home Department (Respondent) Whether s.94B of the Nationality, Immigration and Asylum Act 2002 complies with the procedural and substantive protections under art.8 ECHR. Full case details
UKSC 2016/0009 R (on the application of Kiarie) (Appellant) v Secretary of State for the Home Department (Respondent) Whether s.94B of the Nationality, Immigration and Asylum Act 2002 complies with the procedural and substantive protections under art.8 ECHR. Full case details
UKSC 2016/0004 Armes (Appellant) v Nottinghamshire County Council (Respondent) Whether the local authority who placed the appellant into foster care is liable in respect of the physical and sexual abuse suffered by the appellant and perpetrated by her foster carers, even though the local authority was not negligent in connection with the foster placement. Full case details
UKSC 2016/0002 Eli Lilly and Company (Appellant) v Actavis UK Limited and others (Respondents) Whether a new pemetrexed based cancer treatment produced by Actavis UK Limited and others infringes Eli Lilly and Company’s patent and its foreign designations either indirectly under s.60(2) of the Patents Act 1977 (matter for appeal) or directly under a proper interpretation of Article 69 of the Europe Patent Convention 2000 (matter for cross-appeal). 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 2015/0233 R (on the application of UNISON) (Appellant) v Lord Chancellor (Respondent) Whether the Fees Order imposing fees in the Employment Tribunal and Employment Appeals Tribunal breached the EU principle of effectiveness, and whether it was indirectly indiscriminatory. 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 2015/0197 Eli Lilly and Company (Appellant) v Actavis UK Limited and others (Respondents) Whether a new pemetrexed based cancer treatment produced by Actavis UK Limited and others infringes Eli Lilly and Company’s patent and its foreign designations either indirectly under s.60(2) of the Patents Act 1977 (matter for appeal) or directly under a proper interpretation of Article 69 of the Europe Patent Convention 2000 (matter for cross-appeal). Full case details
UKSC 2015/0181 Eli Lilly and Company (Respondent) v Actavis UK Limited and others (Appellants) Whether a new pemetrexed based cancer treatment produced by Actavis UK Limited and others infringes Eli Lilly and Company’s patent and its foreign designations either indirectly under s.60(2) of the Patents Act 1977 (matter for appeal) or directly under a proper interpretation of Article 69 of the Europe Patent Convention 2000 (matter for cross-appeal). 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 2014/0270 PNM (Appellant) v Times Newspapers Limited and others (Respondents) Whether the Court of Appeal erred in its interpretation and application of the approach to be taken in balancing the privacy rights of a person arrested but not charged with a crime against the right of the press to report open court proceedings following the Supreme Court’s decision in A v British Broadcasting Corporation (Scotland). Full case details
UKSC 2016/0026 Globalia Business Travel S.A.U. (formerly TravelPlan S.A.U.) of Spain (Respondent) v Fulton Shipping Inc (Appellant) What is the correct measure of shipowners' damages following acceptance of a charterers' repudiatory breach of charter? In particular, can a "benefit", said to consist in the avoidance of a fall in the capital value of the ship over the unexpired balance of the charter period because of the vessel's sale shortly after the repudiation, be set off against owners' claim to recover loss of earnings for that period? Full case details
UKSC 2015/0248 O'Brien (Appellant) 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 2015/0246 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 2015/0220 R (on the application of A and B) (Appellants) v Secretary of State for Health (Respondent) Was the Secretary of State for Health's failure to exercise his power to require that abortion services be provided through the NHS in England to women ordinarily resident in Northern Ireland unlawful, in that he failed to discharge his duty under s.3 of the NHS Act 2006 to "take such steps as he considers necessary to meet all reasonable requirements" for services? Full case details
UKSC 2015/0159 Keefe (by his litigation friend Eyton) (Respondent) v Hoteles Pinero Canarias SL (Appellant) Whether an injured claimant ("the Respondent") 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 ("the Judgments Regulation") to join the foreign-domiciled alleged tortfeasor ("the Appellant") 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 ("the Appellant’s 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
UKSC 2015/0067 Libya (Appellant) v Janah (Respondent) Whether granting the appellants immunity from suit under the State Immunity Act 1978 engages, and breaches, the respondents' rights under the ECHR and EU Charter. Full case details
UKSC 2015/0063 Benkharbouche (Respondent) v Secrtary of State for Foreign and Commonwealth Affairs (Appellant) Whether granting the appellants immunity from suit under the State Immunity Act 1978 engages, and breaches, the respondents' rights under the ECHR and EU Charter. Full case details
UKSC 2015/0215 R (on the application of HC) (Appellant) v Secretary of State for Work and Pensions and others (Respondents) (1) Whether the blanket denial of social welfare assistance to Zambrano carers is unlawful because it is discriminatory under EU law, the ECHR, or domestic anti-discrimination legislation;
(2) Whether the resolution of these points of law requires a reference to the Court of Justice of the European Union.
Full case details

Displaying 34 results