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 2017/0096 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 2017/0132 UKI (Kingsway) Ltd (Respondent) v Westminster City Council (Appellant) The validity of the service of a completion notice under Schedule 4A of the Local Government Finance Act 1988 by the appellant on the respondent 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 2018/0037 Welsh Ministers (Respondent) v PJ (Appellant) (i) Whether a statutory power to impose conditions amounting to a deprivation of liberty can ever lawfully be "implied" Full case details
UKSC 2017/0141 Williams (Appellant) v The Trustees of Swansea University Pension and Assurance Scheme and another (Respondents) The correct meaning of ‘unfavourable treatment’ under s.15 of the Equality Act 2010 and the correct approach to justification in that section. 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 2018/0080 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) 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

Displaying 35 results