Supreme Court judgments, 2025

An appeal against a decision to deprive a person of British citizenship is a substantive appeal. Its legal framework varies with the issue raised. The tribunal…

When choosing between opt-in and opt-out competition collective proceedings, the Competition Appeal Tribunal starts from neutrality and exercises a broad…

A decision applying public interest immunity is an application of substantive evidential law, not an exercise of discretion. An appellate or reviewing court…

Input VAT is deductible where the input has a direct and immediate link with taxable transactions or, if no specific transaction supplies the relevant link…

Under section 5 of the Damages (Scotland) Act 2011, relatives may claim non-patrimonial damages where the deceased died from mesothelioma after previously…

Section 2(1)(a) of the Crown Proceedings Act 1947 imports the whole common law of vicarious liability, including its development beyond employment to…

A person who purports to exercise a fiduciary power over another’s property may incur fiduciary duties even though no lawful power, title or possession exists.…

An appellate court in one United Kingdom jurisdiction must treat a co-ordinate appellate court’s interpretation of common or identically worded legislation…

A component of a composite social security benefit is not characterised separately under Regulation (EC) No 883/2004 merely because, viewed alone, it addresses…

When the State assumes educational functions, it must ensure that religious information and knowledge are conveyed objectively, critically and pluralistically.…

English law does not deem a condition precedent to a debt obligation fulfilled merely because the debtor’s breach prevented its fulfilment. The creditor’s…

In trials for sexual offences, article 6 requires an accused to have an adequate and effective opportunity to present a full defence and challenge the…

A public body carrying on an economic activity is excluded from VAT under article 13(1) only where the activity is performed under a special legal regime…

A costs order is a discretionary, statutorily authorised contribution towards legal costs. It does not compensate the receiving party for its underlying…

Regulation 63 of the Conservation of Habitats and Species Regulations 2017 applies at a later stage of a multi-stage planning process where approval or…

Time-of-supply rules determine whether a supply falls within the VAT-group disregard under section 43(1)(a) of the Value Added Tax Act 1994. Article 66 of the…

A motor dealer which arranges finance while pursuing its own interest in selling a vehicle does not ordinarily undertake the single-minded loyalty required of…

For the radius clause in section 5 of the Cremation Act 1902, a crematorium means the building fitted with appliances for burning human remains. The prescribed…

Under Part II of the Local Government (Miscellaneous Provisions) Act 1976, a private hire vehicle operator may accept a booking without immediately contracting…

A court deciding whether executive action is compatible with Convention rights must assess proportionality for itself. It may nevertheless give substantial…

Whether a written answer constitutes a genuine statement of the maker’s opinion is a question of fact. It depends on the maker’s understanding, intended…

A constructive trust of unauthorised profits immediately gives the beneficiary a proprietary interest in the profits. If the trustee dissipates them, the…

Where information falls within two or more qualified exemptions under the Freedom of Information Act 2000, the public interests recognised by all applicable…

The sharing principle applies only to matrimonial property. Non-matrimonial property may instead be available to meet needs or compensation. Matrimonial…

Realistic and representative post-sale circumstances may be considered when deciding whether a sign is similar to a registered trade mark and assessing the…

Under section 356LA(3) of the Corporation Tax Act 2010, accommodation use is incidental to another use only where it arises out of that other use. A use…

In conviction-warrant extradition proceedings, the bare possibility of discretionary early release in the requesting state ordinarily carries little weight in…

A creditor is put on inquiry in a non-commercial hybrid transaction whenever, viewed from the creditor’s perspective, more than a de minimis part of the…

Costs reasonably incurred to remedy negligently caused building defects are not irrecoverable merely because the claimant acted voluntarily or lacked an…

A statutory right of access on foot or horseback for the purpose of open-air recreation permits any recreational activity falling within that phrase’s ordinary…

On a statutory appeal concerning a discretionary national security decision, SIAC must scrutinise the evidence as a whole and decide whether it provides a…

A person may be liable for fraudulent trading under section 213(2) of the Insolvency Act 1986 without managing or controlling the company. An outsider falls…

The construction of a defence statement cannot invariably be classified as a question of law. Its legal effect is for the judge, but its intended or understood…

For the purposes of the Equality Act 2010, the terms “sex”, “man” and “woman” refer to biological sex. A gender recognition certificate does not alter a…

In proceedings about life-sustaining treatment for a child, the High Court may restrain identification of clinicians where necessary to protect the child, the…

A charterer may limit its liability under the 1976 Convention for claims by a shipowner, including claims concerning losses originally suffered by that owner.…

A Scottish local authority performing its interim homelessness duty must consider all relevant accommodation needs of the applicant and every member of the…

Non-compliance with the arraignment requirements governing a retrial ordered by the Court of Appeal does not deprive the Crown Court of jurisdiction or make…

A local authority’s power to regulate its proceedings by standing orders includes power to prescribe when committee members are qualified to vote. A…

A fiduciary must account for an unauthorised profit made from, or sufficiently connected with, the fiduciary relationship. The obligation can extend to profits…

A court, including an appellate court, must consider of its own motion whether an absent foreign State is entitled to State immunity. Procedural default does…

A rehabilitation scheme may use clear, sentence-based categories and may exclude the most serious convictions from ever becoming spent. Article 8 does not…

For the boundary condition governing adverse-possession applications under paragraph 5(4) of Schedule 6 to the Land Registration Act 2002, the applicant’s…

Under section 40(4) of the British Nationality Act 1981, statelessness is not a precedent fact governing the power to deprive a person of citizenship. The…

The doctrine of merger applies when a coercive judgment, such as a judgment for debt, damages or the return of property, supersedes the claimant’s right to a…

A transaction at an undervalue under section 423 of the Insolvency Act 1986 need not dispose of property owned by the debtor. It includes an arrangement under…

Under Extradition Act 2003, section 137(3) and section 137(4) are mutually exclusive. The applicable provision depends on where the requested person physically…

A contractual right to require a licensed company to exploit natural resources is distinct from the licensed right to work those resources. A tax treaty does…

Ordinary foster care under a care order does not deprive a child of liberty for the purposes of habeas corpus. The remedy may apply where an extreme or unusual…