Leading cases by subject

Family / Civil procedure / Human rights

Date	Case	Cited by
30 Apr 2002	English v Emery Reimbold & Strick Ltd (Practice Note) (DJ & C Withers (Farms) Ltd v Ambic Equipment Ltd, Verrechia v Comr of Police of the Metropolis, Withers (D J & C) (Farms) Ltd v Ambic Equipment Ltd)Leading Authority [2002] EWCA Civ 605 · Court of Appeal (Civil Division) A judge must give a clear explanation for the order made. The reasons may be brief, but they must identify the issues vital to the decision and explain how…	380
14 Dec 1995	In re H (Minors) (Sexual Abuse: Standard of Proof)Leading Authority [1996] AC 563 · Earlier reported cases In care proceedings, the applicant bears the burden of proving the threshold conditions in section 31(2) of the Children Act 1989. Past or present facts must…	385
12 Jun 2013	In the matter of B (a Child) (FC)Leading Authority [2013] UKSC 33 · Supreme Court The threshold in section 31(2) of the Children Act 1989 requires a real possibility of significant harm, founded on facts proved on the balance of…	350
24 Jun 1999	Piglowska v PiglowskiLeading Authority [1999] UKHL 27 · House of Lords An appellate court may interfere with a discretionary financial-remedies order only where the decision falls outside the generous ambit of reasonable…	283
11 Jun 2008	In re B (Children) (FC)Leading Authority [2008] UKHL 35 · House of Lords In care proceedings, a prediction that a child is likely to suffer significant harm must be founded on facts proved on the balance of probabilities. The…	383
28 Jan 2014	Fage UK Ltd & Anor v Chobani UK Ltd & AnorLeading Authority [2014] EWCA Civ 5 · Court of Appeal (Civil Division) A geographical and descriptive name may support extended passing off where it has acquired goodwill as denoting a reasonably defined class of products with…	320
25 Apr 1985	G v G (Minors: Custody Appeal)Historic Authority [1985] 1 WLR 647 · Earlier reported cases An appellate court reviews a discretionary welfare decision by the same principles that govern other judicial discretions. It may intervene where the judge…	231
15 Nov 2013	Gestmin SGPS SA v Credit Suisse (UK) Ltd & AnorLeading Authority [2013] EWHC 3560 (Comm) · High Court: Commercial Court An investment adviser must exercise reasonable skill and care when recommending an investment. The advice must be suitable for the client’s objectives…	364
2 Jul 2014	Henderson v Foxworth Investments Limited and anotherLeading Authority [2014] UKSC 41 · Supreme Court An appellate court may interfere with a trial judge’s findings of fact where there is an identifiable material error, or where the decision cannot reasonably…	207
10 Jun 2011	E (Children) (FC)Leading Authority [2011] UKSC 27 · Supreme Court The Hague Convention on the Civil Aspects of International Child Abduction 1980 is designed around the best interests of children generally and of each child…	232
5 Apr 2022	Gabriele Volpi & Anor. v Matteo VolpiLeading Authority [2022] EWCA Civ 464 · Court of Appeal (Civil Division) An appellate court may interfere with a trial judge’s primary factual findings only where the decision was plainly wrong, meaning that no reasonable judge…	202
17 Sep 2013	B-S (Children), ReLeading Authority [2013] EWCA Civ 1146 · Court of Appeal (Civil Division) An application for leave to oppose adoption involves two stages: establishing a relevant change in circumstances and evaluating whether leave should be given.…	158
16 Nov 2006	In re D (A Child) (Abduction: Rights of Custody)Leading Authority [2006] UKHL 51 · House of Lords Under the Hague Convention, an actual right to prevent a child’s removal from the country of habitual residence is a right of custody. A merely potential right…	159
9 Sep 2013	In the matter of A (Children) (AP)Leading Authority [2013] UKSC 60 · Supreme Court An inherent-jurisdiction order requiring a child’s return is not necessarily a Part I order under the Family Law Act 1986, although wardship and return orders…	175
22 May 1986	Armagas Ltd v Mundogas SA (The Ocean Frost)Leading Authority [1986] AC 717 · Earlier reported cases Ostensible authority rests on estoppel. It arises only where a principal, by words or conduct, represents that an agent has authority and the contractor relies…	53
18 Feb 1999	Flannery v Halifax Estate Agencies Ltd (trading as Colleys Professional Services)Leading Authority [2000] 1 WLR 377 · Earlier reported cases Subject to context-specific exceptions, a professional judge must give reasons sufficient to explain why the decision was reached. A simple conflict of…	129
16 Jun 2005	In re J (a child) (FC)Leading Authority [2005] UKHL 40 · House of Lords In an application to return a child summarily to a non-Convention country, the individual child’s welfare is paramount under the Children Act 1989. Hague…	107
31 Jul 2013	McGraddie v McGraddie and anotherLeading Authority [2013] UKSC 58 · Supreme Court An appellate court may reverse a trial judge’s findings of fact only where the judge was plainly wrong. It must respect the trial judge’s advantages in seeing…	83
30 Oct 2013	Aintree University Hospitals NHS Foundation Trust v JamesLeading Authority [2013] UKSC 67 · Supreme Court For an adult lacking capacity, the court asks whether proposed medical treatment is in that person’s best interests, not whether withholding it is. The court…	76
30 Jul 2013	G (A Child)Leading Authority [2013] EWCA Civ 965 · Court of Appeal (Civil Division) After the statutory threshold for public intervention is crossed, the court must undertake a global and holistic welfare evaluation. It must compare every…	71
23 Mar 2015	Central Bank of Ecuador and others v Conticorp SA and othersLeading Authority [2015] UKPC 11 · Privy Council A nominee director must understand the company’s affairs, apply an independent mind to its interests and exercise personal judgment. The director cannot…	44
27 Jan 2015	M (Republic of Ireland) (Child's Objections) (Joinder of Children As Parties To Appeal)Leading Authority [2015] EWCA Civ 26 · Court of Appeal (Civil Division) The gateway for the child’s objections exception under Article 13 of the Hague Convention on the Civil Aspects of International Child Abduction 1980 is…	99
16 May 1985	Rhesa Shipping Co SA v Edmunds (The Popi M) (Rhesa Shipping Co SA v Fenton Insurance Co Ltd)Historic Authority [1985] 1 WLR 948 · Earlier reported cases An assured claiming for a loss caused by an insured peril bears the legal burden of proving that cause on the balance of probabilities. An insurer who advances…	106
14 Mar 2012	In the matter of S (A Child)Leading Authority [2012] UKSC 10 · Supreme Court The article 13(b) inquiry in an international child abduction case concerns what will happen if the child returns. A parent’s anxieties may create a grave risk…	98
30 Jul 2018	R v Chief Constable of Greater Manchester Police and anotherLeading Authority [2018] UKSC 47 · Supreme Court An acquittal does not bar disclosure of the underlying allegation in an enhanced criminal record certificate. The chief officer’s task under section 113B of…	64
3 Feb 2016	In the matter of B (A child)Leading Authority [2016] UKSC 4 · Supreme Court A child’s established habitual residence is lost when the child achieves the requisite degree of disengagement from the old social and family environment.…	91
14 Mar 2002	In re S (FC) In re S and Others In re W and Others (First Appeal (FC) In re W and Others (Second Appeal (Conjoined Appeal)Leading Authority [2002] UKHL 10 · House of Lords A final care order transfers responsibility for the child’s care to the local authority. The court has no continuing supervisory role and cannot impose a…	77
10 Apr 1997	In re H (Minors) (Abduction: Acquiescence)Leading Authority [1998] AC 72 · Earlier reported cases For Article 13 of the Hague Convention, acquiescence depends on the wronged parent’s actual, subjective state of mind. It is a question of fact, determined…	88
9 Aug 2019	Simetra Global Assets Ltd & Anor v Ikon Finance Ltd & OrsLeading Authority [2019] EWCA Civ 1413 · Court of Appeal (Civil Division) An appellate court may allow an appeal and order a retrial where the trial judgment does not demonstrate that the critical issues and evidence were properly…	83

Tort / Civil procedure / Contract

Date	Case	Cited by
2 Mar 2009	Easyair Ltd (t/a Openair) v Opal Telecom LtdLeading Authority [2009] EWHC 339 (Ch) · High Court: Chancery Division On summary judgment, a claimant must show a realistic, rather than fanciful, prospect of success. The case must carry some degree of conviction and be more…	728
21 Oct 1999	Swain v Hillman & AnorLeading Authority [1999] EWCA Civ 3053 · Court of Appeal (Civil Division) Summary judgment under rule 24.2 of the Civil Procedure Rules is appropriate where a party has no realistic, rather than fanciful, prospect of success and…	528
22 Mar 2001	Three Rivers District Council v. Governor and Company of the Bank of EnglandLeading Authority [2001] UKHL 16 · House of Lords Untargeted misfeasance in public office may arise where a public officer knowingly acts unlawfully with knowledge of probable injury, or consciously disregards…	567
4 Apr 2003	ED&F Man Liquid Products Ltd. v Patel & AnorLeading Authority [2003] EWCA Civ 472 · Court of Appeal (Civil Division) A defendant seeking to set aside a regular default judgment must show a realistic, rather than fanciful, prospect of successfully defending the claim. The…	464
13 Nov 1997	Bolitho v City and Hackney Health AuthorityLeading Authority [1998] AC 232 · Earlier reported cases Professional opinion does not conclusively determine whether clinical conduct was negligent. The supporting body of opinion must be responsible, reasonable and…	208
26 May 2006	Doncaster Pharmaceuticals Group Ltd.& Ors v The Bolton Pharmaceutical Company 100 LtdLeading Authority [2006] EWCA Civ 661 · Court of Appeal (Civil Division) Summary judgment is appropriate only where the opposing case has no real prospect of success and no other compelling reason requires a trial. A real prospect…	342
8 Feb 1990	Caparo Industries plc v DickmanHistoric Authority [1990] 2 AC 605 · Earlier reported cases Reasonable foreseeability alone does not create a duty of care. The law also requires sufficient proximity and circumstances in which imposing a duty of the…	307
13 Jun 2007	ICI Chemicals & Polymers Ltd v TTE Training LtdLeading Authority [2007] EWCA Civ 725 · Court of Appeal (Civil Division) On an application under Part 24 of the Civil Procedure Rules, the court should determine a short point of law or contractual construction where all necessary…	307
11 Apr 2001	THE ROYAL BROMPTON HOSPITAL NATIONAL HEALTH SERVICE TRUST v HAMMOND AND ORSFrequently Cited Guidance [2001] Lloyd's Rep PN 526 · Earlier reported cases A court may dispose of a claim without trial by striking out the statement of case or by giving summary judgment under the Civil Procedure Rules 1998. It…	305
20 Jun 1996	Banque Bruxelles Lambert SA v Eagle Star Insurance Co Ltd (BNP Mortgages Ltd v Goadsby & Harding Ltd, BNP Mortgages Ltd v Key Surveyors Nationwide Ltd, United Bank of Kuwait Plc v Prudential Property Services Ltd, South Australia Asset Management Corpn v York Montague Ltd)Historic Authority [1997] AC 191 · Earlier reported cases A professional who negligently supplies information to assist another person’s decision is generally liable only for the foreseeable consequences of the…	209
28 May 1963	Hedley Byrne & Co Ltd v Heller & Partners LtdLeading Authority [1964] AC 465 · Earlier reported cases The absence of a contract or established fiduciary relationship does not preclude liability for a negligent statement causing economic loss. A duty of care may…	184
21 Jul 1998	Paragon Finance Plc v D B Thakerar & Co (A Firm); Thimbleby & Co v Paragon Finance PlcFrequently Cited Guidance [1998] EWCA Civ 1249 · Court of Appeal (Civil Division) An amendment which first alleges intentional wrongdoing introduces a new cause of action where the existing pleading alleges only negligence or other…	203
12 May 1995	Allied Maples Group Ltd v Simmons & SimmonsHistoric Authority [1995] 1 WLR 1602 · Earlier reported cases Where negligent advice deprives a claimant of an opportunity involving an independent third party, the claimant need not prove that the third party would…	198
7 Mar 2019	Singh v DassLeading Authority [2019] EWCA Civ 360 · Court of Appeal (Civil Division) An appellate court will generally refuse a new point which was not raised below if it would require fresh evidence or would have caused the trial evidence to…	99
25 Jul 1994	Henderson v Merrett Syndicates Ltd (Feltrim Underwriting Agencies Ltd v Arbuthnott, Gooda Walker Ltd v Deeny, Hughes v Merrett Syndicates Ltd, Hallam-Eames v Merrett Syndicates Ltd, The Lloyd’s Litigation: the Merrett, Gooda Walker and Feltrim Cases)Frequently Cited Guidance [1995] 2 AC 145 · Earlier reported cases A person who undertakes to provide professional or skilled services for another may assume responsibility to exercise reasonable care. Where the recipient…	151
10 Sep 2009	AC Ward & Son v Catlin (Five) Ltd & OrsFrequently Cited Guidance [2009] EWCA Civ 1098 · Court of Appeal (Civil Division) Where an insurance warranty is said to discharge the whole policy upon breach, an insurer seeking that draconian consequence must use clear language. The more…	175
26 Mar 2015	Su-Ling v Goldman Sachs InternationalFrequently Cited Guidance [2015] EWHC 759 (Comm) · High Court: Commercial Court A party seeking a very late amendment which would cause the loss of a fixed trial date bears a heavy burden. The court applies the overriding objective and…	121
1 Apr 1998	Wisniewski (A Minor) v Central Manchester Health AuthorityLeading Authority [1998] EWCA Civ 596 · Court of Appeal (Civil Division) A court may draw adverse inferences from the absence or silence of a witness expected to give material evidence. Such inferences may strengthen the opposing…	179
20 Jun 2002	Fairchild v Glenhaven Funeral Services Ltd (Babcock International Ltd v National Grid Co plc, Dyson v Leeds City Council, Fox v Spousal (Midlands) Ltd, Matthews v Associated Portland Cement Manufacturers (1978) Ltd, Pendleton v Stone & Webster Engineering Ltd)Historic Authority [2002] UKHL 22 · House of Lords Ordinarily, a claimant must prove on the balance of probabilities that the defendant’s breach caused or materially contributed to the injury. An exceptional…	107
12 Feb 2021	Okpabi and others v Royal Dutch Shell Plc and anotherFrequently Cited Guidance [2021] UKSC 3 · Supreme Court A parent company’s possible duty of care for harm caused by its subsidiary is governed by ordinary negligence principles. There is no special parent-company…	94
18 Jan 2021	Kawasaki Kisen Kaisha Ltd v James Kemball LtdFrequently Cited Guidance [2021] EWCA Civ 33 · Court of Appeal (Civil Division) Liability for inducing breach of contract is accessory. The defendant must persuade, encourage or assist the contract-breaker, with conduct that causally…	98
29 Jun 1995	X (Minors) v Bedfordshire County CouncilHistoric Authority [1995] 2 AC 633 · Earlier reported cases Careless performance of a statutory function does not itself create a claim in damages. Liability requires either a statutory right of action or an…	162
25 Jul 2019	Notting Hill Finance Ltd v SheikhFrequently Cited Guidance [2019] EWCA Civ 1337 · Court of Appeal (Civil Division) An appellate court has a discretion to permit a new point on appeal. There is no general requirement for exceptional circumstances. The court must exercise…	66
15 Jun 1964	Letang v CooperLeading Authority [1965] 1 QB 232 · Earlier reported cases An unintentionally inflicted personal injury caused by failure to take reasonable care is governed by negligence. A claimant cannot obtain a longer limitation…	81
26 Apr 2021	King & Ors v Stiefel & OrsFrequently Cited Guidance [2021] EWHC 1045 (Comm) · High Court: Commercial Court An unlawful means conspiracy claim requires concerted unlawful action which causes the claimant's loss. Allegations of agreement, impropriety or falsity cannot…	90
8 Feb 2018	Robinson v Chief Constable of West Yorkshire PoliceFrequently Cited Guidance [2018] UKSC 4 · Supreme Court Police officers have no general immunity from negligence liability. They owe the ordinary duty to avoid causing reasonably foreseeable personal injury by their…	67
11 Mar 2015	Montgomery v Lanarkshire Health BoardLeading Authority [2015] UKSC 11 · Supreme Court A doctor advising an adult patient of sound mind must take reasonable care to ensure that the patient knows the material risks of recommended treatment and any…	61
18 Jun 2021	Khan v MeadowsLeading Authority [2021] UKSC 21 · Supreme Court In negligence, a defendant is liable only for losses falling within the risks against which the duty of care required protection. The scope of duty principle…	22

Administrative law / Planning law / Public law

Date	Case	Cited by
1 Jul 2004	South Bucks District Council and another (Respondents) v. Porter (FC) (Appellant)Leading Authority [2004] UKHL 33 · House of Lords Reasons for a planning decision must be intelligible and adequate. They must explain why the matter was decided as it was and resolve the principal important…	604
10 Nov 1947	Associated Provincial Picture Houses Ltd v Wednesbury CorpnLeading Authority [1947] EWCA Civ 1 · Court of Appeal (Civil Division) An executive discretion conferred by statute is supervised for legality, rather than reheard on its merits. A court may intervene where the authority…	329
21 Mar 2012	Tesco Stores Limited v Dundee City Council (Scotland)Leading Authority [2012] UKSC 13 · Supreme Court A development plan is interpreted objectively according to its language and context. Its meaning is a question of law for the court. The application of broad…	366
11 May 1995	Tesco Stores Ltd v Secretary of State for the EnvironmentLeading Authority [1995] 1 WLR 759 · Earlier reported cases In determining an application for planning permission, a “material” consideration means a relevant consideration. Relevance is a question of law, but the…	363
24 Jun 1993	R v Secretary of State for the Home Department, Ex p Doody (R v Secretary of State for the Home Department, Ex parte Smart (Elfed Wayne))Leading Authority [1994] 1 AC 531 · Earlier reported cases An administrative power is presumed to be exercised fairly. The content of fairness depends on the statutory, legal and practical context. It will often…	257
16 Jul 1999	R v North and East Devon Health Authority, Ex p CoughlanHistoric Authority [2001] QB 213 · Earlier reported cases A clear and lawful promise by a public authority may create a substantive legitimate expectation. Where the promise is made to an individual or small group and…	301
2 Feb 2004	E v Secretary of State for Home DepartmentLeading Authority [2004] EWCA Civ 49 · Court of Appeal (Civil Division) A tribunal’s material mistake about an existing, established and objectively verifiable fact may cause unfairness amounting to an error of law. Ordinarily, the…	245
9 May 2001	AlconburyHistoric Authority [2001] UKHL 23 · House of Lords Article 6(1) may apply when an administrative planning or compulsory-purchase decision directly determines civil rights. It does not require policy and…	215
14 Feb 1968	Padfield v Minister of Agriculture, Fisheries and FoodLeading Authority [1968] UKHL 1 · House of Lords A statutory discretion must be exercised consistently with the policy and objects of the enactment which confers it. Permissive language does not make…	162
8 Sep 2017	Mansell vTonbridge And Malling Borough CouncilLeading Authority [2017] EWCA Civ 1314 · Court of Appeal (Civil Division) Under Class Q of the Town and Country Planning (General Permitted Development) (England) Order 2015, the 450-square-metre limit applies to the cumulative floor…	192
16 Oct 1997	City of Edinburgh Council v Secretary of State for Scotland (Revival Properties Ltd v City of Edinburgh Council, Secretary of State for Scotland v Revival Properties Ltd)Leading Authority [1997] 1 WLR 1447 · Earlier reported cases Section 18A of the Town and Country Planning (Scotland) Act 1972 gives the development plan statutory priority, but not absolute authority. A determination…	172
22 Nov 1984	Council of Civil Service Unions v Minister for the Civil ServiceLeading Authority [1985] AC 374 · Earlier reported cases An executive decision is not immune from judicial review merely because its power derives from the royal prerogative. Reviewability depends principally on…	170
10 May 2017	Suffolk Coastal District Council v Hopkins Homes Ltd and anotherLeading Authority [2017] UKSC 37 · Supreme Court National planning policy is guidance and a material consideration. It remains subordinate to the statutory development plan. Paragraph 49 of the National…	143
16 Apr 2019	Balajigari v The Secretary of State for the Home DepartmentLeading Authority [2019] EWCA Civ 673 · Court of Appeal (Civil Division) An earnings discrepancy does not itself prove dishonesty for the purposes of paragraph 322(5) of the Immigration Rules. The Secretary of State must establish…	143
24 Feb 2004	London Borough of Newham v Khatun & OrsLeading Authority [2004] EWCA Civ 55 · Court of Appeal (Civil Division) A homeless applicant has no statutory or common law right to view accommodation before deciding whether to accept it. A housing authority determines the…	160
6 Nov 2013	Stuart Bracking & Ors v Secretary of State for Work and PensionsLeading Authority [2013] EWCA Civ 1345 · Court of Appeal (Civil Division) The public sector equality duty requires a decision-maker personally to confront, before and during policy formation, the foreseeable equality consequences of…	163
16 Dec 2020	R v Heathrow Airport LtdLeading Authority [2020] UKSC 52 · Supreme Court For a national policy statement, “Government policy” means established and readily identifiable policy. It will ordinarily appear in a formal written…	127
20 Oct 2017	St Modwen Developments Ltd v Secretary of State for Communities and Local Government & OrsLeading Authority [2017] EWCA Civ 1643 · Court of Appeal (Civil Division) For the five-year housing land supply required by national planning policy, a site is “deliverable” when it is capable of delivery within five years and there…	113
17 Oct 2002	Westminster City Council v National Asylum Support ServiceLeading Authority [2002] UKHL 38 · House of Lords Section 21(1A) of the National Assistance Act 1948 removes a local authority’s responsibility only where a person’s need for care and attention arises solely…	118
13 Feb 2003	Matthews (Appellant) v. Ministry of Defence (Respondents)Leading Authority [2003] UKHL 5 · House of Lords An internal housing reviewer employed by the authority whose statutory duty is in dispute is not an independent tribunal for article 6(1) purposes.…	102
28 Feb 2008	Baker & Ors, R (on the application of) v Secretary of State for Communities & Local Government & OrsLeading Authority [2008] EWCA Civ 141 · Court of Appeal (Civil Division) The duty under section 71(1) of the Race Relations Act 1976 requires due regard to equality needs, rather than achievement of a particular outcome. Due regard…	118
3 Aug 2018	The Law Society, R (On the Application Of) v The Lord ChancellorLeading Authority [2018] EWHC 2094 (Admin) · High Court: Administrative Court A public consultation is unlawful where information pivotal to the justification and calibration of a proposal is withheld without good reason, and consultees…	101
19 Mar 2014	Bloor Homes East Midlands Ltd v Secretary of State for Communities and Local Government & AnorLeading Authority [2014] EWHC 754 (Admin) · High Court: Administrative Court An adopted development plan is neither absent nor silent merely because site allocations remain incomplete. Relevant strategic policies may provide sufficient…	115
15 Jul 1970	British Oxygen Co Ltd v Board of Trade (British Oxygen Co Ltd v Minister of Technology)Leading Authority [1971] AC 610 · Earlier reported cases A public authority entrusted with statutory discretion may adopt a policy, even one precise enough to be called a rule, to guide many similar applications. It…	83
14 Nov 1995	Ermakov, R (on the application of) v City of WestminsterLeading Authority [1995] EWCA Civ 42 · Court of Appeal (Civil Division) Where a statute requires reasons to accompany an administrative decision, the reasons must be proper, adequate and intelligible. They must enable the affected…	114
24 Sep 2019	R (on the application of Miller) v The Prime MinisterFrequently Cited Guidance [2019] UKSC 41 · Supreme Court A prerogative decision to prorogue Parliament is unlawful where it frustrates or prevents, without reasonable justification, Parliament’s ability to legislate…	20

Immigration / Human rights / Administrative law

Date	Case	Cited by
23 Mar 2011	Walumba Lumba (previously referred to as WL) (Congo) 1 and 2 v Secretary of State for the Home DepartmentLeading Authority [2011] UKSC 12 · Supreme Court An executive detention policy must permit individual consideration, be applied consistently and disclose enough information for affected persons to make…	501
21 Mar 2007	Huang (FC) (Respondent) v. Secretary of State for the Home Department (Appellant) and Kashmiri (FC) (Appellant) v. Secretary of State for the Home Department (Respondent) (Conjoined Appeals)Historic Authority [2007] UKHL 11 · House of Lords On a statutory human-rights appeal against refusal of leave to enter or remain, the appellate immigration authority must decide for itself whether the refusal…	276
17 Jun 2004	Regina v. Sectretary of State for the Home Department (Appellant) ex parte Razgar (FC) and two other actionsHistoric Authority [2004] UKHL 27 · House of Lords Article 8 may be engaged by the foreseeable effects of immigration removal on a person's mental health, even where removal would not violate article 3…	266
1 Feb 2011	ZH (Tanzania) (FC) v Secretary of State for the Home DepartmentHistoric Authority [2011] UKSC 4 · Supreme Court In an article 8 removal decision affecting a child, the child’s best interests must be identified and considered first as a primary consideration. They are not…	263
16 Dec 2009	Ahmed Mahad (previously referred to as AM) v Entry Clearance OfficerLeading Authority [2009] UKSC 16 · Supreme Court The family-reunification maintenance conditions in Part 8 of the Statement of Changes in Immigration Rules (HC 395) permit reliable financial support from…	117
12 Nov 2014	R v Secretary of State for the Home DepartmentLeading Authority [2014] UKSC 60 · Supreme Court When exclusion from the United Kingdom interferes with freedom of expression, the potential consequences of admission are legally relevant. This includes a…	50
14 Nov 2007	Secretary of State for the Home Department (Appellant) v. AH (Sudan) and others (FC) (Respondents)Leading Authority [2007] UKHL 49 · House of Lords Internal relocation is available under the Refugee Convention where, after considering all relevant circumstances relating to the claimant and the country of…	156
27 Jul 2005	R (Iran) & Ors v Secretary of State for the Home DepartmentLeading Authority [2005] EWCA Civ 982 · Court of Appeal (Civil Division) An immigration tribunal hearing appeals on points of law must identify a material legal error before reconsidering the merits. Permission to appeal alone does…	132
19 Feb 1987	R v Secretary of State for the Home Department, Ex p Bugdaycay (Ex p Bugdaycay, Bugdaycay v Secretary of State for the Home Department, Musisi, In re, Nelidow Santis, Ex parte, Nelidow Santis v Secretary of State for the Home Department, Norman, Ex parte, Norman v Secretary of State for the Home Department, R v Secretary of State for the Home Department, Ex parte Nelidow Santis, R v Secretary of State for the Home Department, Ex parte Norman)Leading Authority [1987] AC 514 · Earlier reported cases Questions of fact governing whether asylum should be granted are entrusted to the immigration authorities. On judicial review, the court examines the legality…	101
26 Nov 2009	R (on the application of A) v London Borough of Croydon and one other actionLeading Authority [2009] UKSC 8 · Supreme Court Whether a person is a child for the purposes of section 20(1) of the Children Act 1989 depends objectively upon whether that person is under 18. A local…	131
16 Nov 2016	Hesham Ali v Secretary of State for the Home DepartmentLeading Authority [2016] UKSC 60 · Supreme Court A tribunal deciding whether deportation of a foreign offender is compatible with article 8 must make its own proportionality assessment on the current facts.…	111
28 Jun 2002	I, R (on the application of) v Secretary of State for the Home DepartmentHistoric Authority [2002] EWCA Civ 888 · Court of Appeal (Civil Division) Detention under paragraph 2(3) of Schedule 3 to the Immigration Act 1971 is lawful only while used for deportation, for a reasonable period and with reasonable…	160
25 Jun 2008	EB Kosovo (FC) (Appellant) v Secretary of State for the Home Department (Respondent)Historic Authority [2008] UKHL 41 · House of Lords An immigration authority determining whether removal is compatible with article 8 of the European Convention on Human Rights must make its own broad…	111
9 Nov 2006	WM (DRC) v Secretary of State for the Home DepartmentHistoric Authority [2006] EWCA Civ 1495 · Court of Appeal (Civil Division) A decision whether further asylum submissions amount to a fresh claim is reviewable on grounds of irrationality, informed by anxious scrutiny. The court must…	150
21 Jan 1964	Rookes v BarnardLeading Authority [1964] AC 1129 · Earlier reported cases The tort of intimidation is committed where a defendant, intending thereby to injure the claimant, uses a threat of an act unlawful against the person…	93
10 Feb 1983	R v Secretary of State for the Home Department, Ex parte Khawaja (Khawaja, Ex parte, Khawaja v Secretary of State for the Home Department, Khera v Secretary of State for the Home Department, R v Secretary of State for the Home Department, Ex parte Khera)Leading Authority [1984] AC 74 · Earlier reported cases An entrant who obtains leave by a fraudulent statement or representation contrary to section 26(1)(c) of the Immigration Act 1971 is an illegal entrant if the…	96
25 Jun 2008	Beoku-Betts (FC) (Appellant) v Secretary of State for the Home Department (Respondent)Historic Authority [2008] UKHL 39 · House of Lords When determining whether removal would interfere disproportionately with an appellant’s right to respect for family life under article 8, an immigration…	92
11 Jul 1997	R v Secretary of State for the Home Department, Ex parte Robinson (Robinson, Ex parte)Historic Authority [1998] QB 929 · Earlier reported cases A claimant who fears Convention persecution in one part of the country of nationality is not entitled to refugee status if effective protection is available…	96
30 Jul 2007	A, R (On the Application Of) v The Secretary of State for the Home DepartmentHistoric Authority [2007] EWCA Civ 804 · Court of Appeal (Civil Division) Detention pending deportation must serve the statutory purpose and continue only for a period reasonably necessary to achieve it. Its reasonableness depends on…	149
17 Apr 2013	Jones v First Tier Tribunal and Criminal Injuries Compensation AuthorityLeading Authority [2013] UKSC 19 · Supreme Court A tribunal deciding whether an injury is attributable to a crime of violence must ask first whether a criminal offence was committed and, secondly, whether the…	64
2 Apr 1998	Boddington v British Transport PoliceLeading Authority [1998] UKHL 13 · House of Lords A defendant prosecuted for breach of subordinate legislation may challenge the lawfulness of that legislation, or of an administrative act which brought it…	121
14 Jul 2003	B, R (on the application of) v London Borough of MertonLeading Authority [2003] EWHC 1689 (Admin) · High Court: Administrative Court Except in an obvious case, a local authority assessing whether a person is under 18 cannot decide from appearance alone. It must obtain an adequate personal…	78
29 Jun 2016	NA (Pakistan) v Secretary of State for the Home Department & OrsLeading Authority [2016] EWCA Civ 662 · Court of Appeal (Civil Division) Part 5A of the Nationality, Immigration and Asylum Act 2002 and the corresponding Immigration Rules form a complete code for determining whether deportation of…	57
15 May 2019	R v Investigatory Powers Tribunal and othersLeading Authority [2019] UKSC 22 · Supreme Court A statutory provision excludes judicial review of an inferior court or tribunal for error of law only if it uses the clearest and most explicit language. An…	9

Human rights / Public law / Administrative law

Date	Case	Cited by
19 Jun 2013	Bank Mellat v Her Majesty's Treasury (No 1)Leading Authority [2013] UKSC 38 · Supreme Court The Supreme Court may use a closed material procedure on an appeal where statute authorises closed proceedings below and its appellate jurisdiction, construed…	389
21 Jun 2004	Ghaidan (Appellant) v. Godin-Mendoza (FC) (Respondent)Leading Authority [2004] UKHL 30 · House of Lords Article 14 prohibits unjustified discrimination within the ambit of another Convention right. Where legislation grants succession rights to unmarried…	251
10 Jul 2003	Wilson and others v. Secretary of State for Trade and Industry (Appellant)Leading Authority [2003] UKHL 40 · House of Lords The interpretative duty in section 3 of the Human Rights Act 1998 does not ordinarily alter substantive rights arising from a completed private transaction…	198
23 May 2001	Regina v. Secretary of State for the Home Department, Ex parte DalyHistoric Authority [2001] UKHL 26 · House of Lords Prisoners retain the fundamental rights of access to a court, access to legal advice and confidential communication with legal advisers. General statutory…	223
9 Jul 2021	R v Secretary of State for Work and Pensions and othersLeading Authority [2021] UKSC 26 · Supreme Court Article 14 challenges to general measures of economic or social policy require a context-sensitive proportionality assessment. A wide margin of judgment and…	121
9 Oct 2013	Osborn v The Parole BoardLeading Authority [2013] UKSC 61 · Supreme Court The Parole Board must hold an oral hearing whenever procedural fairness requires one, having regard to the facts, the importance of the interests at stake and…	172
28 Nov 2018	R v Secretary of State for JusticeLeading Authority [2018] UKSC 59 · Supreme Court Article 14 requires differential treatment within a Convention right’s ambit, based on a listed ground or other status, between persons in relevantly analogous…	46
20 May 2009	Odelola (FC) (Appellant) v Secretary of State for the Home Department (Respondent)Leading Authority [2009] UKHL 25 · House of Lords Where a change to the immigration rules contains no transitional provision, it ordinarily applies from its stated commencement date to every application…	96
11 Oct 2001	Secretary of State for the Home Department v. RehmanLeading Authority [2001] UKHL 47 · House of Lords Deportation in the interests of national security does not require a direct or immediate threat targeted at the United Kingdom. Support for terrorism abroad…	119
30 Jul 2021	R v Secretary of State for the Home DepartmentLeading Authority [2021] UKSC 37 · Supreme Court A policy is unlawful where, objectively construed for its intended audience, it authorises or approves conduct contrary to law. A policy need not eliminate…	84
8 Mar 2006	Kay and others and another (FC) (Appellants) v. London Borough of Lambeth and others (Respondents) and Leeds City Council (Respondents) v. Price and others and others (FC) (Appellants)Historic Authority [2006] UKHL 10 · House of Lords A public authority’s claim for possession of a person’s home engages article 8. Domestic property law is presumed to strike a fair and Convention-compatible…	150
22 Mar 2006	R (on the application of Begum (by her litigation friend, Rahman)) (Respondent) v. Headteacher and Governors of Denbigh High School (Appellants)Frequently Cited Guidance [2006] UKHL 15 · House of Lords The qualified right to manifest a religion does not guarantee its manifestation at every chosen time and place. Whether a rule interferes with that right…	126
26 Jul 2017	R v Lord ChancellorLeading Authority [2017] UKSC 51 · Supreme Court A statutory power to prescribe tribunal fees does not authorise measures which effectively prevent access to justice. Fees are unlawful where there is a real…	74
13 Jul 2011	Al Rawi and others v The Security Service and othersLeading Authority [2011] UKSC 34 · Supreme Court A court has no inherent common law power to replace public interest immunity with a closed material procedure in an ordinary civil claim. Such a procedure…	110
25 Apr 2007	Belfast City Council (Appellants) v. Miss Behavin' Limited (Respondents) (Northern Ireland)Leading Authority [2007] UKHL 19 · House of Lords When a court decides whether administrative action is compatible with a qualified Convention right, the decisive question is whether the right was actually…	115
11 Mar 2004	Regina v. Her Majesty's Coroner for the Western District of Somerset (Respondent) and another (Appellant) ex parte Middleton (FC) (Respondent)Historic Authority [2004] UKHL 10 · House of Lords Where an inquest is used to discharge the state's procedural obligation under article 2 of the European Convention on Human Rights, it should ordinarily…	111
26 May 2005	Regina v. Secretary of State for Work and Pensions (Respondent) ex parte Carson (Appellant) Regina v. Secretary of State for Work and Pensions (Respondent) ex parte Reynolds (FC) (Appellant)Historic Authority [2005] UKHL 37 · House of Lords Article 14 of the European Convention on Human Rights requires a practical evaluation, rather than mechanical application of a sequence of questions. The claim…	124
17 Oct 1985	Gillick v West Norfolk and Wisbech Area Health Authority (Gillick v Department of Health and Social Security)Leading Authority [1985] UKHL 7 · House of Lords A minor under 16 may consent to medical treatment when she has sufficient understanding and intelligence to understand fully what is proposed. Parental…	106
8 Feb 2012	Rabone and another v Pennine Care NHS Foundation TrustLeading Authority [2012] UKSC 2 · Supreme Court Article 2 may require a hospital to protect an informal psychiatric patient from suicide. The duty arises where the hospital has assumed responsibility and…	89
17 Oct 2002	Clingham (formerly C (a minor) v Royal Borough of Kensington and Chelsea (on Appeal from a Divisional Court of the Queen's Bench Division); Regina v Crown Court at Manchester Ex p McCann (FC) and Others (FC)Historic Authority [2002] UKHL 39 · House of Lords Proceedings for an anti-social behaviour order under section 1 of the Crime and Disorder Act 1998 are civil under domestic law and do not determine a criminal…	90
3 Nov 2010	Manchester City Council v PinnockLeading Authority [2010] UKSC 45 · Supreme Court A court asked by a local or other public authority to order possession of a person’s home must be able, if the occupier raises the point, to decide whether…	60

Civil procedure / Abuse of process / Relief from sanctions

Date	Case	Cited by
25 Nov 1954	Ladd v MarshallLeading Authority [1954] 1 WLR 1489 · Earlier reported cases An appellate court may receive fresh evidence, or order a new trial on that ground, only where three conditions are met. The evidence could not have been…	574
4 Jul 2014	Denton & Ors v TH White Ltd & OrsLeading Authority [2014] EWCA Civ 906 · Court of Appeal (Civil Division) An application for relief from sanctions requires three stages. The court must assess the seriousness and significance of the breach, consider why it occurred…	510
14 Dec 2000	Johnson v Gore Wood & CoLeading Authority [2002] 2 AC 1 · Earlier reported cases Successive proceedings which raise a matter that could have been raised earlier are not necessarily an abuse of process. The court must make a broad…	579
27 Nov 2013	Mitchell MP v News Group Newspapers LtdLeading Authority [2013] EWCA Civ 1537 · Court of Appeal (Civil Division) Under the revised CPR 3.9, the efficient and proportionate conduct of litigation and the enforcement of procedural obligations are of paramount importance.…	226
19 Nov 1981	McIlkenny v Chief Constable of the West Midlands (Walker v Chief Constable of the West Midlands, Power v Chief Constable of the Lancashire Police Force, Hunter v Chief Constable of the Lancashire Police Force)Frequently Cited Guidance [1982] AC 529 · Earlier reported cases A court has an inherent duty to prevent misuse of its procedure where the misuse would be manifestly unfair or would bring the administration of justice into…	229
26 Apr 2012	Tibbles v SIG Plc (t/a Asphaltic Roofing Supplies)Leading Authority [2012] EWCA Civ 518 · Court of Appeal (Civil Division) The power to vary or revoke an order under rule 3.1(7) of the Civil Procedure Rules 1998 is broad but constrained by finality, the appeal process and the…	162
12 May 2000	Tanfern Ltd v Cameron-MacDonald (Practice Note)Leading Authority [2000] 1 WLR 1311 · Earlier reported cases Before 2 May 2000, an appeal from a county court district judge lay to a circuit judge even where the district judge had, by consent, tried a multi-track claim…	141
3 Jul 2013	Virgin Atlantic Airways Limited v Zodiac Seats UK Limited (formerly known as Contour Aerospace Limited)Leading Authority [2013] UKSC 46 · Supreme Court A judgment that a patent is valid and infringed does not prevent the defendant from relying, during an outstanding damages enquiry, on a later retrospective…	234
21 Feb 2018	Barton v Wright Hassall LLPLeading Authority [2018] UKSC 12 · Supreme Court Under Civil Procedure Rules rule 6.15(2), retrospective validation of defective service depends on a single evaluative question: whether all the circumstances…	177
4 Feb 2002	Taylor v LawrenceHistoric Authority [2002] EWCA Civ 90 · Court of Appeal (Civil Division) An appellate court’s final judgment is ordinarily conclusive. The Court of Appeal nevertheless has a residual jurisdiction, implicit in its appellate function…	116
16 Dec 2014	Hysaj, R (On the Application Of) v Secretary of State for the Home DepartmentLeading Authority [2014] EWCA Civ 1633 · Court of Appeal (Civil Division) An application made after the deadline for filing a notice of appeal is governed by the rigorous principles applicable to relief from sanctions, although…	126
28 Nov 2007	Aldi Stores Ltd v WSP Group Plc & OrsLeading Authority [2007] EWCA Civ 1260 · Court of Appeal (Civil Division) A later claim is not automatically an abuse of process merely because it could have been raised in earlier proceedings. The court must make a broad…	148
26 Jun 2013	Abela and others v BaadaraniLeading Authority [2013] UKSC 44 · Supreme Court Where no service convention or bilateral treaty applies, the court asks whether, in all the circumstances, there is a good reason retrospectively to validate…	118
26 Jul 1999	Biguzzi v Rank Leisure plcLeading Authority [1999] 1 WLR 1926 · Earlier reported cases Under the transitional arrangements, conduct before the commencement of the Civil Procedure Rules must be assessed against the former rules, but a later…	79
26 Nov 2014	HRH Prince Abdulaziz Bin Mishal Bin Abdulaziz Al Saud v Apex Global Management Ltd and anotherLeading Authority [2014] UKSC 64 · Supreme Court An appellate court should interfere with a first-instance case-management decision only where it was plainly wrong and fell outside the generous ambit within…	76
17 May 2007	Marcan Shipping (London) Ltd v Kefalas & AnorLeading Authority [2007] EWCA Civ 463 · Court of Appeal (Civil Division) Where a traditional “unless” order prescribes dismissal or striking out, any material non-compliance automatically produces the stated sanction. No further…	75
27 Jun 2012	Fairclough Homes Limited v SummersLeading Authority [2012] UKSC 26 · Supreme Court A civil court may strike out a statement of case for abuse of process at any stage, including after a fair trial has established liability and quantified…	90
24 Mar 2022	The Good Law Project (R on the application of) v The Secretary of State for Health and Social CareLeading Authority [2022] EWCA Civ 355 · Court of Appeal (Civil Division) CPR 7.6 does not directly govern extensions of time for serving judicial review claim forms. Its principles nevertheless govern applications under CPR…	54
14 May 2002	Sayers v Clarke Walker (Practice Note)Historic Authority [2002] EWCA Civ 645 · Court of Appeal (Civil Division) Time for filing an appellant’s notice runs from the lower court’s decision, rather than the sealing of its order. On an application to extend time for…	68

Contract / Contractual interpretation / Landlord and tenant

Date	Case	Cited by
19 Jun 1997	Investors Compensation Scheme Ltd v West Bromwich Building Society (Investors Compensation Scheme Ltd v Hopkins & Sons)Historic Authority [1997] UKHL 28 · House of Lords Contractual interpretation is objective. The court asks what the document would convey to a reasonable person possessing the background knowledge reasonably…	788
10 Jun 2015	Arnold v Britton and othersLeading Authority [2015] UKSC 36 · Supreme Court A written contract is interpreted objectively, through the eyes of a reasonable person possessing the background knowledge reasonably available to both…	645
2 Nov 2011	Rainy Sky S. A. and others v Kookmin BankLeading Authority [2011] UKSC 50 · Supreme Court Contractual interpretation is a unitary and objective exercise. The court identifies what a reasonable person, possessing the background knowledge reasonably…	521
1 Jul 2009	Chartbrook Limited (Respondents) v Persimmon Homes Limited and others (Appellants) and another (Respondent)Leading Authority [2009] UKHL 38 · House of Lords A contract is interpreted according to what a reasonable person, possessing the background knowledge available to the parties, would understand its language to…	488
29 Mar 2017	Wood v Capita Insurance Services LimitedLeading Authority [2017] UKSC 24 · Supreme Court Contractual interpretation is a unitary and iterative exercise directed to the objective meaning of the parties’ language. The court reads the disputed wording…	542
21 May 1997	Mannai Investment Co Ltd v Eagle Star Life Assurance Co LtdHistoric Authority [1997] AC 749 · Earlier reported cases A contractual notice exercising a break clause is construed objectively in its documentary and commercial context. The question is what a reasonable recipient…	272
2 Dec 2015	Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited and anotherLeading Authority [2015] UKSC 72 · Supreme Court A fact-specific term may be implied into a contract only where it is necessary for business efficacy or so obvious that it goes without saying. The proposed…	325
1 Mar 2001	Bank of Credit and Commerce International v. Ali and OthersLeading Authority [2001] UKHL 8 · House of Lords A general release is construed by ordinary objective principles. It may extend to unknown or unforeseen claims where sufficiently clear language and the…	181
29 Oct 2009	In Re Sigma Finance Corporation (in administrative receivership) and In Re The Insolvency Act 1986Leading Authority [2009] UKSC 2 · Supreme Court A commercial instrument must be construed as a whole, in the light of the commercial purpose disclosed by its terms and the nature of the relevant business. A…	99
18 Mar 2015	Braganza v BP Shipping Limited and anotherLeading Authority [2015] UKSC 17 · Supreme Court A contractual power to make a decision affecting both parties is ordinarily subject to an implied term requiring honesty, good faith and rationality…	134
10 Mar 2010	RTS Flexible Systems Limited v Molkerei Alois Müller Gmbh & Company KG (UK Production)Leading Authority [2010] UKSC 14 · Supreme Court Contract formation depends on an objective assessment of the parties’ words and conduct. The court asks whether they intended legal relations and agreed every…	128
4 Apr 1973	Wickman Machine Tool Sales Ltd v L Schuler AG (Schuler (L) AG v Wickman Machine Tool Sales Ltd)Historic Authority [1974] AC 235 · Earlier reported cases A contractual term described as a condition does not invariably permit termination for every breach. The court must ascertain the parties’ intention from the…	80
15 Jan 2021	The Financial Conduct Authority v Arch Insurance (UK) Ltd and othersLeading Authority [2021] UKSC 1 · Supreme Court Business interruption cover must be construed objectively and as a coherent whole. A radius-limited disease clause covers cases of disease occurring within the…	63
14 Feb 1980	Photo Production Ltd v Securicor Transport LtdLeading Authority [1980] AC 827 · Earlier reported cases An exclusion or limitation clause is not automatically deprived of effect by a fundamental or repudiatory breach. Its application to any breach depends on the…	90
4 Nov 2015	Cavendish Square Holding BV v Talal El MakdessiLeading Authority [2015] UKSC 67 · Supreme Court The penalty rule applies only to a secondary obligation arising on breach of contract. The controlling question is whether that obligation imposes a detriment…	82
11 Jun 2009	HM Revenue & Customs v Benchdollar Ltd & OrsLeading Authority [2009] EWHC 1310 (Ch) · High Court: Chancery Division Estoppel by convention in non-contractual dealings requires an expressly shared assumption, responsibility for that assumption, actual reliance in subsequent…	63
18 Jan 2001	Manifest Shipping Co. Ltd. v. Uni-Polaris ShippingFrequently Cited Guidance [2001] UKHL 1 · House of Lords Under section 39(5) of the Marine Insurance Act 1906, blind-eye knowledge of unseaworthiness is subjective. It requires a firmly grounded suspicion of the…	91
16 May 2018	Rock Advertising Limited v MWB Business Exchange Centres LimitedFrequently Cited Guidance [2018] UKSC 24 · Supreme Court A contractual No Oral Modification clause is legally effective. A purported variation which fails to satisfy prescribed writing and signature requirements has…	73

Civil procedure / Defamation / Tort

Date	Case	Cited by
28 Oct 2004	In re S (FC) (a child) (Appellant)Leading Authority [2004] UKHL 47 · House of Lords Neither article 8 nor article 10 of the European Convention on Human Rights has inherent precedence. The court must focus intensely on the specific rights in…	306
3 Feb 2005	Dow Jones & Co Inc v JameelLeading Authority [2005] EWCA Civ 75 · Court of Appeal (Civil Division) Publication of words defamatory of an identifiable individual remains actionable without proof of actual reputational loss. The presumption of damage is…	251
6 May 2004	Campbell (Appellant) v. MGN Limited (Respondents)Historic Authority [2004] UKHL 22 · House of Lords Misuse of private information is engaged where the publisher knows or ought to know that the claimant reasonably expects the information to remain private. The…	202
18 Jan 2019	Koutsogiannis v The Random House Group LtdLeading Authority [2019] EWHC 48 (QB) · High Court: Queen's Bench Division The natural and ordinary meaning of an allegedly defamatory book is the broad impression conveyed to the hypothetical reasonable reader by the whole…	162
14 Oct 2004	Cream Holdings Limited and others (Respondents) v. Banerjee and others (Appellants)Leading Authority [2004] UKHL 44 · House of Lords Section 12(3) of the Human Rights Act 1998 does not impose a rigid probability test for every interim order restraining publication. The applicant’s prospects…	165
12 Jun 2019	Lachaux v Independent Print Ltd and anotherFrequently Cited Guidance [2019] UKSC 27 · Supreme Court Under section 1(1) of the Defamation Act 2013, a statement is not defamatory merely because its words have an inherent tendency to injure reputation. The…	97
12 Jul 2006	Majrowski (Respondent) v. Guy's and St. Thomas' NHS Trust (Appellants)Leading Authority [2006] UKHL 34 · House of Lords An employer may be vicariously liable for a statutory wrong committed by an employee in the course of employment. The ordinary rule applies unless the statute…	103
27 Jan 2010	Application by Guardian News and Media Ltd and others in Her Majesty’s Treasury v Mohammed Jabar Ahmed and others (FC)Leading Authority [2010] UKSC 1 · Supreme Court Open justice ordinarily requires parties to be named. An anonymity order restricts the press’s right to report proceedings and must be justified as a necessary…	133
13 Oct 1988	Attorney General v Guardian Newspapers Ltd (No 2)Historic Authority [1988] UKHL 6 · House of Lords The Crown may restrain disclosure of confidential government information only where publication would harm the public interest. Confidentiality alone is…	147
26 Jun 1973	Norwich Pharmacal Co v Customs and Excise ComrsLeading Authority [1974] AC 133 · Earlier reported cases An innocent third party may be ordered to disclose the identity of a wrongdoer where, through no fault of its own, it became sufficiently involved in the…	100
29 Jul 2019	Cape Intermediate Holdings Ltd v DringLeading Authority [2019] UKSC 38 · Supreme Court The court records accessible under Civil Procedure Rules rule 5.4C comprise documents which the court keeps for its own purposes. They do not include every…	81
31 Jan 2011	JIH v News Group Newspapers Ltd (Rev 1)Leading Authority [2011] EWCA Civ 42 · Court of Appeal (Civil Division) Anonymity and reporting restrictions are derogations from open justice. A court must scrutinise their necessity, balance Articles 8 and 10 of the European…	92
3 Dec 2002	Chase v Newsgroup Newspapers LtdLeading Authority [2002] EWCA Civ 1772 · Court of Appeal (Civil Division) A plea of justification succeeds only if the defendant proves by admissible evidence the essential or substantial truth of the defamatory sting. Where the…	119
3 Apr 2019	Stocker v StockerLeading Authority [2019] UKSC 17 · Supreme Court The natural and ordinary meaning of an allegedly defamatory statement is the impression it would convey to the ordinary reasonable reader, assessed in its…	68
3 Apr 2012	Guardian News and Media Ltd, R (on the application of) v City of Westminster Magistrates' CourtFrequently Cited Guidance [2012] EWCA Civ 420 · Court of Appeal (Civil Division) Courts have an inherent common law jurisdiction to determine the requirements of open justice. Where documents have been placed before a judge and referred to…	69
26 Mar 2014	Kennedy v The Charity CommissionLeading Authority [2014] UKSC 20 · Supreme Court Section 32 of the Freedom of Information Act 2000 creates an absolute exemption determined by the historical purpose for which an inquiry document was placed…	72
30 Mar 2011	Jones v KaneyLeading Authority [2011] UKSC 13 · Supreme Court A retained expert witness has no immunity from a claim by the client for breach of the duty of reasonable skill and care in preparing or giving evidence. The…	21

Employment / Unfair dismissal / Civil procedure

Date	Case	Cited by
18 Feb 1987	Meek v City of Birmingham District CouncilLeading Authority [1987] EWCA Civ 9 · Court of Appeal (Civil Division) An Industrial Tribunal must give reasons sufficient to tell the parties, in broad terms, why they won or lost. The decision must outline the material events…	335
31 May 2002	Yeboah v CroftonHistoric Authority [2002] EWCA Civ 794 · Court of Appeal (Civil Division) An appellate court may set aside an Employment Tribunal’s factual decision as perverse only where an overwhelming case establishes that no reasonable tribunal…	328
16 Apr 2014	Jafri v Lincoln CollegeLeading Authority [2014] EWCA Civ 449 · Court of Appeal (Civil Division) The Employment Appeal Tribunal supervises legality rather than deciding the merits of employment disputes. After identifying an error of law, it must remit…	244
27 Feb 2003	Shamoon (Appellant v. Chief Constable of the Royal Ulster Constabulary (Respondent)(Northern Ireland)Leading Authority [2003] UKHL 11 · House of Lords Direct sex discrimination poses a single question: did the alleged discriminator, on the ground of sex, treat the claimant less favourably than that person…	170
7 May 2021	DPP Law Ltd v GreenbergLeading Authority [2021] EWCA Civ 672 · Court of Appeal (Civil Division) An employment tribunal’s decision must be read fairly and as a whole. An appellate court should avoid an overcritical analysis of isolated words or passages. A…	163
18 Feb 2005	IGEN Ltd & Ors v WongHistoric Authority [2005] EWCA Civ 142 · Court of Appeal (Civil Division) Statutory burden-shifting provisions impose a two-stage process in direct discrimination claims. The claimant must first prove facts from which the tribunal…	154
15 Jul 1999	Nagarajan v London Regional TransportLeading Authority [2000] 1 AC 501 · Earlier reported cases Direct discrimination and statutory victimisation turn on the reason for less favourable treatment. Conscious motivation is unnecessary. Liability arises where…	129
15 Mar 2011	Fuller v London Borough of BrentLeading Authority [2011] EWCA Civ 267 · Court of Appeal (Civil Division) Under Employment Rights Act 1996, an employment tribunal must objectively decide whether dismissal fell within the range of reasonable responses open to a…	152
19 Nov 1987	Polkey v A E Dayton Services LtdHistoric Authority [1988] AC 344 · Earlier reported cases A dismissal does not become fair merely because a fair procedure would have produced the same result. Under section 57(3) of the Employment Protection…	187
12 Jun 1997	Mahmud v Bank of Credit and Commerce International SA (Malik v Bank of Credit and Commerce International SA)Historic Authority [1998] AC 20 · Earlier reported cases An employer is subject to an implied contractual obligation not, without reasonable and proper cause, to conduct itself in a manner likely to destroy or…	170
26 Jan 2007	Madarassy v Nomura International PlcHistoric Authority [2007] EWCA Civ 33 · Court of Appeal (Civil Division) Under section 63A(2) of the Sex Discrimination Act 1975, the claimant must first prove facts from which a reasonable tribunal could conclude that unlawful…	136
23 Jul 2021	Royal Mail Group Ltd v EfobiFrequently Cited Guidance [2021] UKSC 33 · Supreme Court Section 136(2) of the Equality Act 2010 did not abolish the claimant’s initial burden of proof. The claimant must prove, on the balance of probabilities, facts…	103
18 Nov 1999	Carmichael v National Power PlcLeading Authority [1999] 1 WLR 2042 · Earlier reported cases A continuing contract of employment between casual engagements requires an irreducible minimum of mutual obligation. The employer and worker must undertake…	115
22 Mar 2001	Anyanwu and Another v. South Bank Student Union and Others And Commission for Racial EqualityLeading Authority [2001] UKHL 14 · House of Lords Under section 33(1) of the Race Relations Act 1976, a person aids another by knowingly giving more than negligible help or assistance towards an act made…	116
19 Feb 2021	Uber BV and others v Aslam and othersLeading Authority [2021] UKSC 5 · Supreme Court Whether an individual is a “worker” is primarily a question of statutory interpretation, not contractual classification. A tribunal must apply the statutory…	59
7 Mar 2007	Ezsias v North Glamorgan NHS TrustLeading Authority [2007] EWCA Civ 330 · Court of Appeal (Civil Division) An employment tribunal must not strike out a claim for having no reasonable prospect of success where the outcome depends upon a substantial and central…	102

Civil procedure / Arbitration / Contract

Date	Case	Cited by
19 Nov 1986	Spiliada Maritime Corpn v Cansulex Ltd (The Spiliada)Leading Authority [1987] AC 460 · Earlier reported cases The appropriate forum is the forum in which the case can be tried most suitably for all parties and the ends of justice. A defendant seeking a stay must…	326
10 Mar 2011	AK Investment CJSC v Kyrgyz Mobil Tel Limited and others (Isle of Man)Frequently Cited Guidance [2011] UKPC 7 · Privy Council Permission to serve a foreign defendant outside the jurisdiction requires a serious issue to be tried, a good arguable case within the relevant jurisdictional…	258
6 Feb 2013	VTB Capital plc v Nutritek International Corp and othersFrequently Cited Guidance [2013] UKSC 5 · Supreme Court On an application to serve proceedings outside the jurisdiction, the claimant must show that England and Wales is clearly the appropriate forum. The place…	127
17 Oct 2007	Premium Nafta Products Limited (20th Defendant) and others (Respondents) v. Fili Shipping Company Limited (14th Claimant) and others (Appellants)Leading Authority [2007] UKHL 40 · House of Lords An arbitration clause in a commercial contract should ordinarily be construed on the assumption that rational businesspeople intended every dispute arising…	184
16 May 2002	Kuwait Airways Corporation v Iraqi Airways Company and Other Kuwait Airways Corporation v Iraqi Airways Company and Other (Consolidated AppealsFrequently Cited Guidance [2002] UKHL 19 · House of Lords An English court may exceptionally disregard foreign legislation where recognition would affront fundamental justice. The exception extends beyond grave human…	146
10 Apr 2019	Vedanta Resources PLC and another v Lungowe and othersFrequently Cited Guidance [2019] UKSC 20 · Supreme Court Article 4 of the Recast Brussels Regulation confers mandatory jurisdiction over a domiciled defendant. Any implied abuse exception must be construed narrowly.…	116
13 Dec 2001	Donohue v. Armco Inc and OthersFrequently Cited Guidance [2001] UKHL 64 · House of Lords An English exclusive jurisdiction agreement will ordinarily be enforced unless the party suing elsewhere establishes strong reasons for departure from the…	155
12 Jun 2013	Prest v Petrodel Resources Limited and othersFrequently Cited Guidance [2013] UKSC 34 · Supreme Court A company’s property belongs to the company, not to its shareholder, even where one person owns and controls it. Matrimonial Causes Act 1973, section 24(1)(a)…	134
19 Dec 2017	Four Seasons Holdings Incorporated v BrownlieFrequently Cited Guidance [2017] UKSC 80 · Supreme Court Permission to serve proceedings outside the jurisdiction requires a plausible evidential basis for an applicable gateway. Where disputed facts can be assessed…	126
14 May 2009	Rolls-Royce Plc v Unite the UnionFrequently Cited Guidance [2009] EWCA Civ 387 · Court of Appeal (Civil Division) A length-of-service criterion in a redundancy matrix may potentially cause indirect age discrimination under the Employment Equality (Age) Regulations 2006. It…	115
21 Nov 1996	Smith New Court Securities Ltd v Scrimgeour Vickers (Asset Management) Ltd (Smith New Court Securities Ltd v Citibank NA)Frequently Cited Guidance [1997] AC 254 · Earlier reported cases Damages for deceit protect the claimant’s negative interest. The defendant must compensate all actual loss directly caused by entry into the fraudulently…	115
5 May 2011	Masri v Consolidated Contractors International Company SAL & OrsFrequently Cited Guidance [2011] EWHC 1024 (Comm) · High Court: Commercial Court An English court order properly made against a person subject to its jurisdiction must be obeyed according to its terms. Conflicting foreign court orders do…	55
30 Jun 2005	Lesotho Highlands Development Authority (Respondents) v. Impregilo SpA and others (Appellants)Leading Authority [2005] UKHL 43 · House of Lords A tribunal exceeds its powers under section 68(2)(b) of the Arbitration Act 1996 only when it purports to exercise a power which it does not possess. An…	93
3 Nov 2010	Dallah Real Estate and Tourism Holding Company v The Ministry of Religious Affairs, Government of PakistanFrequently Cited Guidance [2010] UKSC 46 · Supreme Court An enforcing court asked to refuse enforcement of a foreign arbitral award because no arbitration agreement existed must determine jurisdiction independently.…	78
20 Oct 2021	FS Cairo (Nile Plaza) LLC v Lady BrownlieFrequently Cited Guidance [2021] UKSC 45 · Supreme Court For the domestic tort gateway in paragraph 3.1(9)(a) of Civil Procedure Rules 1998 Practice Direction 6B, “damage” means actionable harm caused by the alleged…	78

Tax / Statutory interpretation / Administrative law

Date	Case	Cited by
26 Nov 1992	Pepper v HartLeading Authority [1993] AC 593 · Earlier reported cases Where legislation is ambiguous or obscure, or its literal meaning produces an absurdity, a court may consult Parliamentary materials. The material must…	307
2 Feb 2022	R (on the application of O (a minor, by her litigation friend AO)) v Secretary of State for the Home DepartmentLeading Authority [2022] UKSC 3 · Supreme Court Where subordinate legislation made under a later Act affects rights conferred by an earlier Act, its validity depends on the proper interpretation of the later…	230
7 Dec 2000	R v Secretary of State for the Environment, Transport and the Regions, Ex p Spath Holme Ltd (Spath Holme Ltd, Ex p)Leading Authority [2001] 2 AC 349 · Earlier reported cases A statutory discretion is never unfettered. Its lawful scope is determined from the language, context, policy and objects of the enabling Act. A reserve power…	159
25 Jul 1955	Edwards v BairstowLeading Authority [1956] AC 14 · Earlier reported cases The meaning of a statutory expression such as adventure in the nature of trade is a question of law. Its application commonly involves an inference of fact…	207
13 Mar 2003	Regina v. Secretary of State for Health (Respondent) ex parte Quintavalle (on behalf of Prof-Life Alliance) (Appellant)Leading Authority [2003] UKHL 13 · House of Lords A statute should be read as a whole, in its historical setting, to give effect to Parliament’s purpose within the permissible bounds of interpretation. New…	148
9 Mar 2000	Inco Europe Ltd v First Choice DistributionLeading Authority [2000] 1 WLR 586 · Earlier reported cases A court may correct an obvious drafting error by adding, omitting or substituting words only when it is abundantly sure of the provision’s intended purpose…	98
5 Mar 1975	Black-Clawson International Ltd v Papierwerke Waldhof-Aschaffenburg AGLeading Authority [1975] AC 591 · Earlier reported cases Under section 8(1) of the Foreign Judgments (Reciprocal Enforcement) Act 1933, a foreign judgment is conclusive only of the matter actually adjudicated. A…	98
25 Nov 2004	Barclays Mercantile Business Finance Limited (Respondents) v. Mawson (Her Majesty's Inspector of Taxes (Appellant)Leading Authority [2004] UKHL 51 · House of Lords Tax legislation is construed purposively and applied to the transaction viewed realistically. The approach associated with W T Ramsay Ltd v Inland Revenue…	83
10 Jul 1980	Fothergill v Monarch Airlines LtdLeading Authority [1981] AC 251 · Earlier reported cases An international convention incorporated into domestic law must be construed purposively, in its international setting and on broad principles of general…	76
26 Jul 2023	R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and othersLeading Authority [2023] UKSC 28 · Supreme Court Litigation funding constitutes the provision of “claims management services” where it supplies financial assistance in relation to making a claim. The…	68
14 May 2021	Hurstwood Properties (A) Ltd and others v Rossendale Borough Council and anotherLeading Authority [2021] UKSC 16 · Supreme Court For liability to non-domestic rates on unoccupied property, the statutory owner is normally the person with the immediate legal right to possession. In an…	62
12 Mar 1981	WT Ramsay Ltd v Inland Revenue ComrsLeading Authority [1982] AC 300 · Earlier reported cases A genuine transaction is not ignored merely because tax avoidance is its sole motive. Tax legislation nevertheless applies to the legal character of the…	82
20 May 2020	Fowler v Commissioners for Her Majesty’s Revenue and CustomsLeading Authority [2020] UKSC 22 · Supreme Court A double taxation treaty allocates taxing rights by reference to real-world legal relationships. A clause giving undefined treaty terms their domestic tax-law…	40
5 Feb 1981	Royal College of Nursing of the United Kingdom v Department of Health and Social SecurityLeading Authority [1981] AC 800 · Earlier reported cases The Abortion Act 1967 protects every person participating in an authorised termination, not only the registered medical practitioner. “Termination of…	40
19 Jul 1972	Cozens v Brutus (Brutus v Cozens)Leading Authority [1973] AC 854 · Earlier reported cases Where a statute uses an ordinary English word without indicating a special meaning, the word bears its ordinary meaning. Whether proved facts fall within that…	55

Extradition / Human rights / Administrative

Date	Case	Cited by
20 Jun 2012	HH v Deputy Prosecutor of the Italian Republic, GenoaLeading Authority [2012] UKSC 25 · Supreme Court In extradition proceedings engaging the family-life rights of dependent children, the children's best interests are a primary consideration and must receive…	382
6 May 2015	Polish Judicial Authorities v Celinski & OrsLeading Authority [2015] EWHC 1274 (Admin) · High Court: Administrative Court In extradition proceedings, Article 8 requires the court to balance interference with private and family life against the constant and weighty public interest…	270
24 Feb 2010	Norris v Government of United States of AmericaLeading Authority [2010] UKSC 9 · Supreme Court Article 8 does not impose a legal test of exceptionality in extradition proceedings. The court must undertake a fact-specific proportionality assessment…	242
17 Jun 2004	Regina v Special Adjudicator (Respondent) ex parte Ullah (FC) (Appellant) Do (FC) (Appellant) v Secretary of State for the Home Department (Respondent)Leading Authority [2004] UKHL 26 · House of Lords A removal or extradition decision may engage rights under the European Convention on Human Rights other than article 3, even though the anticipated violation…	235
19 Feb 2009	Szombathely City Court & Ors v Fenyvesi & AnorLeading Authority [2009] EWHC 231 (Admin) · High Court: Administrative Court On an appeal under section 29(4) of the Extradition Act 2003, evidence is unavailable at the extradition hearing only if it did not then exist, or was neither…	187
29 Apr 2009	Gomes (Appellant) v Government of Trinidad and Tobago (Respondents) (Criminal Appeal from Her Majesty's High Court of Justice) Goodyer (Appellant) v Government of Trinidad and Tobago (Respondents) (Criminal Appeal from Her Majesty's High Court of Justice) (Conjoined Appeals)Leading Authority [2009] UKHL 21 · House of Lords Under sections 14 and 82 of the Extradition Act 2003, a person who deliberately flees, conceals his whereabouts or evades arrest cannot rely on the resulting…	141
5 Feb 2018	Love v The Government of the United States of America & AnorLeading Authority [2018] EWHC 172 (Admin) · High Court: Administrative Court An extradition appeal asks whether the district judge’s decision was wrong. It is not a rehearing, and the appellate court need not identify a judicial review…	127
17 Nov 2005	Office of the King's Prosecutor, Brussels (Respondents) v. Armas (Appellant) and othersHistoric Authority [2005] UKHL 67 · House of Lords Under Part 1 of the Extradition Act 2003, “conduct” means the conduct alleged or relied upon in the Part 1 warrant. Section 65(2) cannot apply if any part of…	107
30 Jan 2015	Belbin v The Regional Court of Lille, FranceLeading Authority [2015] EWHC 149 (Admin) · High Court: Administrative Court A conviction European Arrest Warrant remains a conviction warrant despite a guaranteed retrial following involuntary absence from trial. The forum bar applies…	64
17 Dec 2014	Miraszewski & Ors v District Court In Torun & AnorLeading Authority [2014] EWHC 4261 (Admin) · High Court: Administrative Court In accusation extradition cases, human rights compatibility and statutory proportionality are separate bars. Under section 21A of the Extradition Act 2003…	49
26 Feb 2016	Cretu v Local Court of Suceava, RomaniaLeading Authority [2016] EWHC 353 (Admin) · High Court: Administrative Court Section 20 of the Extradition Act 2003 must be interpreted consistently with article 4a of Framework Decision 2002/584/JHA. The relevant trial is the scheduled…	56
21 Jan 2009	Mucelli (Appellant) v Government of Albania (Respondents) (Criminal Appeal from Her Majesty's High Court of Justice) Moulai (Respondent) v Deputy Public Prosecutor in Creteil, France (Appellant) (Criminal Appeal from Her Majesty's High Court of Justice)Historic Authority [2009] UKHL 2 · House of Lords Under sections 26(4) and 103(9) of the Extradition Act 2003, notice of an appeal must be both filed with the court and served on the respondent within the…	67
20 Oct 2020	Molik v Judical Authority of PolandLeading Authority [2020] EWHC 2836 (Admin) · High Court: Administrative Court At the permission stage in an extradition appeal, Article 8 compatibility must be assessed by reference to the remand time served when permission is…	34

Professional discipline / Administrative law / Administrative

Date	Case	Cited by
30 Apr 2007	General Medical Council v HiewLeading Authority [2007] EWCA Civ 369 · Court of Appeal (Civil Division) On an application to extend an interim restriction on medical registration, the court acts as the primary decision maker. The General Medical Council must…	137
13 Nov 2002	Assicurazioni Generali SpA v Arab Insurance Group (Practice Note)Historic Authority [2002] EWCA Civ 1642 · Court of Appeal (Civil Division) An appeal against findings of fact ordinarily proceeds by review. The appellate court must assess whether the findings were wrong, giving weight to the trial…	257
6 Dec 1993	Bolton v Law SocietyLeading Authority [1994] 1 WLR 512 · Earlier reported cases A court should interfere with a professional disciplinary sanction only in a very strong case. The expert tribunal is best placed to assess the seriousness of…	221
25 Oct 2017	Ivey v Genting Casinos (UK) Ltd t/a CrockfordsLeading Authority [2017] UKSC 67 · Supreme Court Cheating at gambling is assessed objectively in the context of the particular game. It normally involves a deliberate act designed to gain an advantage which…	195
20 Feb 2002	Kahn and Another v Commissioner of Inland RevenueLeading Authority [2002] UKHL 5 · House of Lords A Crown Court has common-law power to begin, as well as continue, a trial in a defendant’s absence. The power is exceptional. It must be exercised with the…	139
15 Jan 2007	Fatnani & Anor v General Medical CouncilHistoric Authority [2007] EWCA Civ 46 · Court of Appeal (Civil Division) On a statutory appeal against a medical disciplinary sanction, the High Court must recognise that professional discipline is principally concerned with…	177
26 Oct 2006	General Medical Council v MeadowLeading Authority [2006] EWCA Civ 1390 · Court of Appeal (Civil Division) An expert witness’s common law immunity from civil suit for evidence does not extend to fitness-to-practise proceedings. Any immunity must be certain, absolute…	157
21 Mar 2002	Twinsectra Limited v Yardley and OthersLeading Authority [2002] UKHL 12 · House of Lords Money advanced for a specified purpose is held on trust where, on an objective construction of the arrangements, the recipient may use it solely for that…	167
28 Jul 1944	Young v Bristol Aeroplane Co LtdFrequently Cited Guidance [1944] KB 718 · Earlier reported cases The Court of Appeal is bound by its own previous decisions and those of courts of co-ordinate jurisdiction. A larger constitution of the court has no greater…	93
13 Aug 2018	Bawa-Garba v The General Medical Council & OrsLeading Authority [2018] EWCA Civ 1879 · Court of Appeal (Civil Division) An appellate court should interfere with a specialist disciplinary tribunal’s evaluative sanction only where the tribunal made an error of principle or reached…	105
26 May 2017	General Medical Council v Jagjivan & AnorLeading Authority [2017] EWHC 1247 (Admin) · High Court: Administrative Court The General Medical Council may appeal under section 40A of the Medical Act 1983 against a tribunal's decision to give no direction, including where it has…	95
25 Nov 2008	Law Society v SalsburyLeading Authority [2008] EWCA Civ 1285 · Court of Appeal (Civil Division) An appeal against a Solicitors Disciplinary Tribunal sanction normally proceeds by review. The court must give considerable respect to the tribunal’s…	88
30 Apr 2021	Sastry & Anor v General Medical CouncilLeading Authority [2021] EWCA Civ 623 · Court of Appeal (Civil Division) A medical practitioner's appeal against sanction under section 40 of the Medical Act 1983 is an unrestricted appeal by way of rehearing. The court must…	72

Intellectual property / Patent law / Trade marks

Date	Case	Cited by
	Biogen Inc. v Medeva PlcHistoric Authority [1997] RPC 1 · Earlier reported cases A patent claim must correspond to the invention’s technical contribution. An enabling disclosure must permit the skilled person to perform the invention across…	268
6 Jun 2019	Prescott v Potamianos & AnorLeading Authority [2019] EWCA Civ 932 · Court of Appeal (Civil Division) The reasonableness of an offer to purchase a minority shareholding is a fact-sensitive part of the overall assessment of unfair prejudice. No single feature is…	126
22 Jun 2007	Pozzoli Spa v BDMO SA & AnorLeading Authority [2007] EWCA Civ 588 · Court of Appeal (Civil Division) Patent obviousness should be assessed by identifying the skilled person and common general knowledge, identifying the claim’s inventive concept or construing…	193
21 Oct 2004	Kirin-Amgen Inc and others (Appellants) v. Hoechst Marion Roussel Limited and others (Respondents). Kirin-Amgen Inc and others (Respondents) v. Hoechst Marion Roussel Limited and others (Appellants) (Conjoined Appeals)Historic Authority [2004] UKHL 46 · House of Lords The extent of a European patent is determined by purposively construing its claims through the eyes of the skilled reader. Article 69 of the European Patent…	172
8 Feb 1990	Reckitt & Colman Products Ltd v BordenFrequently Cited Guidance [1990] 1 WLR 491 · Earlier reported cases Passing off requires proof of goodwill attached to an identifying get-up, a misrepresentation likely to lead the public to believe that the defendant's goods…	107
27 Mar 2019	Actavis Group PTC EHF and others v ICOS Corporation and anotherLeading Authority [2019] UKSC 15 · Supreme Court Obviousness under section 3 of the Patents Act 1977 requires a fact-specific assessment of all relevant circumstances. Uninventive work which the skilled…	79
9 Oct 2019	Kogan v Martin & Ors (Rev 1)Frequently Cited Guidance [2019] EWCA Civ 1645 · Court of Appeal (Civil Division) Joint authorship requires collaboration pursuant to a common design, authorial contributions sufficient to express each contributor’s own intellectual…	86
31 Jan 2012	Specsavers International Healthcare Ltd & Ors v Asda Stores LtdLeading Authority [2012] EWCA Civ 24 · Court of Appeal (Civil Division) Likelihood of confusion under Article 9(1)(b) must be assessed globally through the eyes of the average consumer. The court must consider the sign in the…	92
9 Jul 2008	Conor Medsystems Incorporated (Respondents) v Angiotech Pharmaceuticals Incorporated and others (Appellants)Leading Authority [2008] UKHL 49 · House of Lords Obviousness must be assessed by reference to the invention specified in the claim. A court must not dilute a product claim into a mere proposal for…	120
4 Mar 2015	Sea Shepherd UK v Fish & Fish LimitedFrequently Cited Guidance [2015] UKSC 10 · Supreme Court Accessory liability as a joint tortfeasor requires more than knowing facilitation. The defendant must provide assistance which is more than trivial and must do…	78
22 Oct 2009	Virgin Atlantic Airways Ltd v Premium Aircraft Interiors UK LtdLeading Authority [2009] EWCA Civ 1062 · Court of Appeal (Civil Division) Patent claims are construed purposively through the skilled reader, who is taken to understand relevant drafting conventions and divisional applications.…	99
4 May 2007	Generics (UK) Ltd & Ors v H Lundbeck A/SLeading Authority [2007] EWHC 1040 (Pat) · High Court: Patents Court A patent monopoly must correspond to the disclosed technical contribution. Where obtaining and testing an individual enantiomer is an obvious goal, invention…	99

Criminal / Criminal evidence / Criminal procedure

Date	Case	Cited by
22 Mar 2005	Hanson, R. vLeading Authority [2005] EWCA Crim 824 · Court of Appeal (Criminal Division) Evidence of a defendant’s bad character is not admitted routinely. Under the Criminal Justice Act 2003, previous convictions may establish propensity only…	103
13 Dec 2001	Regina v PendletonLeading Authority [2001] UKHL 66 · House of Lords When fresh evidence is received on an appeal against conviction, the Court of Appeal must decide for itself whether the conviction is unsafe. Its task concerns…	112
8 Feb 2018	James & Ors, R vLeading Authority [2018] EWCA Crim 285 · Court of Appeal (Criminal Division) After a single judge has considered an application for leave to appeal, an appellant who seeks to rely on genuinely fresh grounds must obtain permission to…	35
11 Jul 2012	Riat & Ors v R.Leading Authority [2012] EWCA Crim 1509 · Court of Appeal (Criminal Division) Hearsay remains second-hand evidence and is not to be admitted automatically under the Criminal Justice Act 2003. The judge must identify a statutory gateway…	38
24 Jun 1993	R v Horseferry Road Magistrates’ Court, Ex p BennettHistoric Authority [1994] 1 AC 42 · Earlier reported cases The High Court’s supervisory jurisdiction extends to the manner in which an accused was brought within England and Wales. Where lawful extradition procedures…	84
28 Jul 2005	Regina v. Secretary of State for the Home Department (Appellant) ex parte Smith (Respondent) and one other actionLeading Authority [2005] UKHL 51 · House of Lords A sentence of detention during Her Majesty’s Pleasure imposed under section 53(1) of the Children and Young Persons Act 1933 for murder committed before 30…	45
20 Jan 2015	Thorsby & Ors v The QueenLeading Authority [2015] EWCA Crim 1 · Court of Appeal (Criminal Division) A sentencing court must calculate and direct qualifying-curfew credit under section 240 A of the Criminal Justice Act 2003. Failure to perform that mandatory…	31
8 Feb 2022	TREDGET v REGINALeading Authority [2022] EWCA Crim 108 · Court of Appeal (Criminal Division) On an appeal against conviction following a guilty plea, the Court of Appeal must decide whether the conviction is unsafe, but the plea is a major and normally…	25
14 Jul 2009	Erskine, R vLeading Authority [2009] EWCA Crim 1425 · Court of Appeal (Criminal Division) Under section 23 of the Criminal Appeal Act 1968, the admission of fresh evidence is a broad, fact-sensitive question governed by the interests of justice. The…	40
2 Mar 2022	AAD, AAH, AAI v RLeading Authority [2022] EWCA Crim 106 · Court of Appeal (Criminal Division) For victims of trafficking, the statutory defence requires compulsion, attribution to slavery or relevant exploitation, and the absence of a realistic…	26

Tax / Restitution / Value added tax

Date	Case	Cited by
22 May 1996	Westdeutsche Landesbank Girozentrale v Islington London Borough Council (Kleinwort Benson Ltd v Sandwell Borough Council)Frequently Cited Guidance [1996] AC 669 · Earlier reported cases Money paid under a contract which is void for the recipient’s lack of capacity ordinarily passes into the recipient’s legal and beneficial ownership. Failure…	138
6 Jun 1991	Lipkin Gorman v Karpnale LtdFrequently Cited Guidance [1991] 2 AC 548 · Earlier reported cases A legal owner may trace property at common law into an identifiable substitute and recover money from a recipient who has been unjustly enriched. A recipient…	60
11 Apr 2017	The Commissioners for Her Majesty’s Revenue and Customs v The Investment Trust CompaniesFrequently Cited Guidance [2017] UKSC 29 · Supreme Court A personal claim in unjust enrichment requires a transfer of value from the claimant to the defendant. The familiar four questions concerning enrichment are…	67
18 Jul 2007	Sempra Metals Limited (formerly Metallgesellschaft Limited) (Respondents) v. Her Majesty's Commissioners of Inland Revenue and another (Appellants)Leading Authority [2007] UKHL 34 · House of Lords A claimant may recover proved interest losses caused by late payment as damages, including compound interest, subject to the ordinary rules of remoteness…	88
29 Oct 1998	Kleinwort Benson Ltd v Lincoln City Council (Kleinwort Benson Ltd v Kensington and Chelsea Royal London Borough Council, Kleinwort Benson Ltd v Southwark London Borough Council, Kleinwort Benson Ltd v Birmingham City Council (No 2))Frequently Cited Guidance [1999] 2 AC 349 · Earlier reported cases Money paid under a mistake of law is recoverable in restitution on the same general basis as money paid under a mistake of fact, subject to ordinary…	81
16 Mar 1989	Litster v Forth Dry Dock & Engineering Co LtdHistoric Authority [1990] 1 AC 546 · Earlier reported cases Domestic legislation enacted to implement a Community directive must, so far as reasonably possible, receive a purposive construction consistent with the…	84
28 Jul 2005	Autologic Holdings plc and others (Respondents) v. Her Majesty's Commissioners of Inland Revenue (Appellants)BNP Paribas UK Holdings Limited and others (Respondents) v. Her Majesty's Commissioners of Inland Revenue (Appellants)The Future Network plc and others (Respondents) v. Her Majesty's Commissioners of Inland Revenue (Appellants)Perkins Engines Company Limited and others (Respondents) v. Her Majesty's Commissioners of Inland Revenue (Appellants)HJ Heinz Company Inc and others (Respondents) v. Her Majesty's Commissioners of Inland Revenue (Appellants)British Telecommunications plc and others (Respondents) v. Her Majesty's Commissioners of Inland Revenue (Appellants)(Conjoined Appeals)Historic Authority [2005] UKHL 54 · House of Lords Where Parliament assigns disputes about tax assessments or relief to specialist commissioners, a taxpayer who can still obtain the disputed relief must…	59
17 Jul 2013	Benedetti v Sawiris and othersLeading Authority [2013] UKSC 50 · Supreme Court A restitutionary quantum meruit for services supplied without a valid and subsisting contract is normally measured by their objective value when received. The…	53
18 May 2000	Foskett v McKeownFrequently Cited Guidance [2001] 1 AC 102 · Earlier reported cases A beneficiary may trace trust money used with other money to acquire a single asset and elect either a proportionate beneficial share or, where available, a…	71
26 Feb 1998	Banque Financière de la Cité v Parc (Battersea) LtdFrequently Cited Guidance [1999] 1 AC 221 · Earlier reported cases Restitutionary subrogation is an equitable remedy for unjust enrichment. It does not depend upon a common intention between the payer and the person enriched.…	82

Civil procedure / Contempt of court / Human rights

Date	Case	Cited by
22 May 2003	Wrexham County Borough Council (Appellants) v. Berry (Respondent) South Bucks District Council (Appellants) v. Porter and another (FC) (Respondent) Chichester District Council (Appellants) v. Searle and others (Respondents) (Consolidated Appeals)Leading Authority [2003] UKHL 26 · House of Lords A court considering an injunction under section 187B of the Town and Country Planning Act 1990 exercises an original judicial discretion. It is not confined to…	110
10 May 2021	Her Majesty’s Attorney General v CroslandLeading Authority [2021] UKSC 15 · Supreme Court Deliberate publication of an embargoed draft judgment constitutes criminal contempt where it seriously interferes, or creates a sufficiently serious risk of…	77
29 Nov 2023	Wolverhampton City Council and others v London Gypsies and Travellers and othersFrequently Cited Guidance [2023] UKSC 47 · Supreme Court The High Court may grant a newcomer injunction against people who are neither parties nor identifiable when the order is made. Such an order operates without…	90
28 Oct 2011	JSC BTA Bank v Solodchenko & OrsFrequently Cited Guidance [2011] EWCA Civ 1241 · Court of Appeal (Civil Division) A deliberate and substantial breach of the disclosure provisions of a freezing order is a serious civil contempt. It will normally attract an immediate prison…	75
23 Jan 2020	Cuadrilla Bowland Ltd & Ors v Lawrie & OrsLeading Authority [2020] EWCA Civ 9 · Court of Appeal (Civil Division) An injunction, especially one against persons unknown, must identify prohibited conduct with reasonable clarity in context. Ambiguity, vagueness or…	65
19 Mar 2019	Liverpool Victoria Insurance Company Ltd v Zafar (Rev 1)Leading Authority [2019] EWCA Civ 392 · Court of Appeal (Civil Division) A false statement made without an honest belief in its truth in a document verified by a statement of truth is always a serious contempt. Deliberate or…	66
25 Jun 2021	Director of Public Prosecutions v Ziegler and othersFrequently Cited Guidance [2021] UKSC 23 · Supreme Court Deliberate and physically obstructive protest on a highway may constitute a lawful excuse under section 137 of the Highways Act 1980, even where its impact…	64
28 Mar 2019	McKendrick v The Financial Conduct AuthorityFrequently Cited Guidance [2019] EWCA Civ 524 · Court of Appeal (Civil Division) When sentencing for contempt involving breach of a court order, the court should assess culpability and the harm caused, intended or likely. It must then…	56
30 May 2012	Amicus Horizon Ltd v ThorleyLeading Authority [2012] EWCA Civ 817 · Court of Appeal (Civil Division) Sentencing guidelines for breaches of antisocial behaviour orders in criminal proceedings are equally relevant when a civil court punishes breach of an…	27

Equity and trusts / Property / Proprietary estoppel

Date	Case	Cited by
25 Apr 2007	Stack (Appellant) v. Dowden (Respondent)Leading Authority [2007] UKHL 17 · House of Lords Where a domestic home is conveyed into joint names without an express declaration of trust, equity follows the law. The starting point is joint and equal…	151
11 Oct 2001	Barclays Bank pcl v. Harris (FC) (executor of Beryl Iris Harris (deceased) Midland Bank plc v. Wallace and another (AP) Royal Bank of Scotland v. Etridge National Westminster Bank plc v. Gill and another (AP) UCB Home Loans Corporation Limited v. Moore and another (AP) (Conjoined Appeals) Governor and Company of the Bank of Scotland v. Bennett and another (AP) Kenyon Brown v. Desmond Banks and Co Barclays Bank plc v. Coleman and another (FC)Leading Authority [2001] UKHL 44 · House of Lords Undue influence is established by proof that influence was abused so that consent was not the product of free will. The claimant bears the legal burden. Proof…	127
25 Mar 2009	Thorner (Appellant) v Majors and others (Respondents)Leading Authority [2009] UKHL 18 · House of Lords Proprietary estoppel requires a sufficiently clear assurance relating to identified property, reasonable reliance and consequential detriment. Clarity is…	131
8 Mar 2000	Gillett v HoltLeading Authority [2001] Ch 210 · Earlier reported cases Proprietary estoppel requires the court to assess assurance, reliance, detriment and unconscionability together. A testamentary assurance need not contain a…	110
9 Nov 2011	Jones v KernottLeading Authority [2011] UKSC 53 · Supreme Court Where a family home is acquired in joint names by a couple who are both responsible for the mortgage, beneficial ownership is presumed to follow the legal…	73
30 Jul 2008	Yeoman's Row Management Limited (Appellants) and another v Cobbe (Respondent)Leading Authority [2008] UKHL 55 · House of Lords Proprietary estoppel does not provide expectation-based relief merely because a party has behaved unconscionably. A claimant must identify a sufficiently…	96
29 Mar 1990	Lloyd’s Bank Plc v RossetLeading Authority [1991] 1 AC 107 · Earlier reported cases Where a home is in one partner’s sole legal ownership, a beneficial interest may arise if express discussions show an agreement, arrangement or understanding…	69
21 Oct 1993	Barclays Bank plc v O’BrienLeading Authority [1993] UKHL 6 · House of Lords A creditor who knows that one cohabitee is standing surety for the other’s debts is put on inquiry where the transaction is not to the surety’s financial…	47
23 Apr 1969	Pettitt v PettittHistoric Authority [1970] AC 777 · Earlier reported cases Section 17 of the Married Women's Property Act 1882 provides a summary procedure for determining and enforcing existing property rights between spouses. It…	50

Criminal / Sentencing / Dangerous offenders

Date	Case	Cited by
28 Apr 2016	Needham & Ors, R. vLeading Authority [2016] EWCA Crim 455 · Court of Appeal (Criminal Division) Where custody and driving disqualification are imposed for the same offence, section 35A of the Road Traffic Offenders Act 1988 requires a disqualification…	43
24 Jan 2018	Clarke & Ors, R vLeading Authority [2018] EWCA Crim 185 · Court of Appeal (Criminal Division) For sentencing purposes, attaining 18 does not create a sharp divide between youth and adulthood. An offender’s youth, maturity and development may remain…	45
4 Mar 2014	Burinskas, R vLeading Authority [2014] EWCA Crim 334 · Court of Appeal (Criminal Division) Following the abolition of imprisonment for public protection, Criminal Justice Act 2003 section 225 must be construed within the new statutory scheme. A life…	51
3 Nov 2005	Lang,& Ors, R. vLeading Authority [2005] EWCA Crim 2864 · Court of Appeal (Criminal Division) An indeterminate sentence for public protection requires a significant risk that further specified offending will cause death or serious personal injury…	62
12 Sep 2016	Forbes & Ors, R vLeading Authority [2016] EWCA Crim 1388 · Court of Appeal (Criminal Division) Historic sexual offences must be sentenced under the law and current sentencing practice at the date of sentence, while respecting the maximum penalty…	45
30 Apr 2020	Manning, R. v (Rev 1)Leading Authority [2020] EWCA Crim 592 · Court of Appeal (Criminal Division) An offence of causing or inciting a child to engage in penetrative sexual activity, where the activity does not occur, falls within category 3, as other sexual…	35
17 Mar 2023	R v Nazir Ahmed & OrsLeading Authority [2023] EWCA Crim 281 · Court of Appeal (Criminal Division) An adult sentenced for an offence committed when under 18 must be sentenced by reference to the Children guideline, regardless of the time elapsed since the…	29
3 Oct 2012	Petherick, R. vLeading Authority [2012] EWCA Crim 2214 · Court of Appeal (Criminal Division) Sentencing a defendant to imprisonment engages the article 8 family-life rights of both the defendant and affected family members, including dependent…	36

Civil procedure / Apparent bias / Criminal

Date	Case	Cited by
13 Dec 2001	Magill v Porter and Magill v WeeksLeading Authority [2001] UKHL 67 · House of Lords A local authority may exercise a statutory power only for the public purpose for which it was conferred. Politicians may hope that a lawful policy will bring…	456
17 Nov 1999	Locabail (UK) Ltd v Bayfield Properties Ltd (Locabail (UK) Ltd v Waldorf Investment Corpn, R v Bristol Betting and Gaming Licensing Committee, Ex parte O’Callaghan, Timmins v Gormley, Williams v HM Inspector of Taxes)Leading Authority [2000] QB 451 · Earlier reported cases A judge is automatically disqualified where the outcome could realistically affect a direct personal interest, including a narrowly defined non-financial…	164
21 Dec 2000	In re Medicaments and Related Classes of Goods (No 2)Historic Authority [2001] 1 WLR 700 · Earlier reported cases Apparent bias is assessed in two stages. The court first ascertains all the circumstances bearing on the allegation. It then asks whether those circumstances…	119
22 Oct 2008	Helow (AP) (Appellant) v Secretary of State for the Home Department and another (Respondents) (Scotland)Leading Authority [2008] UKHL 62 · House of Lords Apparent bias is assessed by asking whether a fair-minded and informed observer, having considered all relevant facts in context, would conclude that there was…	78
11 Dec 2003	Attorney General's Reference No 2 of 2001 (On Appeal from the Court of Appeal (Criminal Division))Leading Authority [2003] UKHL 68 · House of Lords A breach of the reasonable-time guarantee in article 6(1) occurs when a criminal charge is not determined within a reasonable time. It does not, by itself…	40
19 Jun 2003	Lawal (Appellant) v. Northern Spirit LimitedHistoric Authority [2003] UKHL 35 · House of Lords The common law and Article 6 apply the same objective test for apparent bias. The court must identify the relevant circumstances and ask whether a fair-minded…	69
14 Jul 2010	Thompson & Ors v RLeading Authority [2010] EWCA Crim 1623 · Court of Appeal (Criminal Division) After a verdict, evidence about jury deliberations is inadmissible. The rule has narrow exceptions where jurors may have wholly repudiated their oath or…	19

Civil procedure / Costs / Security for costs

Date	Case	Cited by
12 Jun 2002	Excelsior Commercial & Industrial Holdings Limited v Salisbury Hammer Aspden & Johnson (a firm)Leading Authority [2002] EWCA Civ 879 · Court of Appeal (Civil Division) Where a claimant fails to beat a defendant’s Part 36 payment, the normal post-payment order under the Civil Procedure Rules is for costs on the standard basis.…	228
19 Feb 1999	AEI Rediffusion Music Ltd v Phonographic Performance LtdLeading Authority [1999] 1 WLR 1507 · Earlier reported cases A tribunal with a broad statutory costs discretion must exercise it judicially, reasonably and proportionately by considering all relevant circumstances. It…	131
8 May 2012	M v London Borough of CroydonLeading Authority [2012] EWCA Civ 595 · Court of Appeal (Civil Division) Where a claimant obtains all or substantially all the relief sought after issuing proceedings, the claimant is ordinarily the successful party and should…	97
3 Feb 2015	Excalibur Ventures LLC v Texas Keystone Inc & OrsFrequently Cited Guidance [2015] EWHC 566 (Comm) · High Court: Commercial Court The criterion for a payment on account of costs is a reasonable sum. An irreducible minimum is not the governing test. The court should estimate likely…	90
18 Sep 2014	Marley v Rawlings and anotherLeading Authority [2014] UKSC 51 · Supreme Court A court may order the insurers of a negligent solicitor to pay the parties’ costs where the solicitor’s admitted error caused the litigation, the successful…	8
18 Dec 2001	Hammond Suddard Solicitors v Agrichem International Holdings LimitedFrequently Cited Guidance [2001] EWCA Civ 2065 · Court of Appeal (Civil Division) An appeal does not itself stay enforcement. When deciding whether to grant a stay, the court assesses the risks of injustice to both parties, including whether…	76
6 Feb 2002	Kiam v MGN Ltd (No 2)Leading Authority [2002] EWCA Civ 66 · Court of Appeal (Civil Division) An indemnity costs order under Rule 44 requires conduct which is unreasonable to a high degree. Mere error or misjudgment in hindsight is insufficient. Unlike…	85

Civil procedure / Legal professional privilege / Disclosure

Date	Case	Cited by
8 Jul 1999	R v Secretary of State for the Home Department, Ex parte Simms (R v Governor of Whitemoor Prison, Ex parte Main)Leading Authority [1999] UKHL 33 · House of Lords A prisoner retains every civil right which has not been removed expressly or by necessary implication. Restrictions on freedom of expression must respond to a…	166
21 Oct 2015	JSC BTA Bank v AblyazovFrequently Cited Guidance [2015] UKSC 64 · Supreme Court A standard-form freezing order is construed restrictively, in its historical and enforcement context, because breach has penal consequences. Flexibility may…	47
16 May 2002	Regina v Special Commissioner and another, Ex p Morgan Grenfell & Co LtdFrequently Cited Guidance [2002] UKHL 21 · House of Lords Legal professional privilege is a fundamental and absolute common law right. General or ambiguous statutory words do not override it. Abrogation requires…	90
3 Nov 1988	Rush & Tompkins Ltd v Greater London CouncilLeading Authority [1989] AC 1280 · Earlier reported cases Genuine settlement negotiations are protected by the without prejudice rule whether or not the communications bear that label. The protection does not end…	75
19 Oct 1995	R v Derby Magistrates' Court, Ex parte BFrequently Cited Guidance [1995] UKHL 18 · House of Lords A witness summons under section 97 of the Magistrates' Courts Act 1980 may require only documents likely to be admissible as material evidence. It cannot be…	89
11 Nov 2004	Three Rivers District Council and others (Respondents) v. Governor and Company of the Bank of England (Appellants) (2004)Frequently Cited Guidance [2004] UKHL 48 · House of Lords Legal advice privilege protects confidential lawyer–client communications made for the purpose of obtaining or giving legal advice. It is not confined to…	87
28 Oct 1999	Unilever Plc v The Procter & Gamble CoLeading Authority [2000] 1 WLR 2436 · Earlier reported cases The without prejudice rule protects genuine settlement negotiations as a whole. Its protection extends beyond admissions against interest and rests on public…	67

Company / Equity and trusts / Contract

Date	Case	Cited by
2 May 2007	OBG Limited and others (Appellants) v. Allan and others (Respondents) Douglas and another and others (Appellants) v. Hello! Limited and others (Respondents) Mainstream Properties Limited (Appellants) v. Young and others and another (Respondents)Frequently Cited Guidance [2007] UKHL 21 · House of Lords Inducing breach of contract and causing loss by unlawful means are distinct economic torts. The former imposes accessory liability for intentional…	221
24 Jul 1996	Bristol and West Building Society v MothewFrequently Cited Guidance [1998] Ch 1 · Earlier reported cases A fiduciary’s defining obligation is loyalty. A person’s fiduciary status does not convert every duty of care, or every negligent act, into a fiduciary…	233
20 May 1999	In re A Company (No 00709 of 1992) (O’Neill v Phillips)Leading Authority [1999] 1 WLR 1092 · Earlier reported cases Unfair prejudice under section 459 of the Companies Act 1985 is not a free-standing appeal to subjective fairness. A member will ordinarily need to show either…	169
9 May 2013	Futter and another v The Commissioners for Her Majesty's Revenue and CustomsLeading Authority [2013] UKSC 26 · Supreme Court An exercise of a fiduciary power within its scope is voidable only where inadequate deliberation amounts to a breach of fiduciary duty. Trustees who…	67
3 Nov 1966	Phipps v Boardman (Boardman v Phipps)Frequently Cited Guidance [1967] 2 AC 46 · Earlier reported cases A person acting in a fiduciary capacity must account for a profit obtained by reason of that position, or through an opportunity or knowledge arising from it…	80
18 May 2000	Kuwait Oil Tanker Company SAK & Anor v Al Bader & OrsFrequently Cited Guidance [2000] EWCA Civ 160 · Court of Appeal (Civil Division) An unlawful-means conspiracy is actionable where loss results from unlawful action taken under a combination or agreement intended to injure the claimant.…	93
24 May 2011	Mumtaz Properties Ltd, ReLeading Authority [2011] EWCA Civ 610 · Court of Appeal (Civil Division) A person is a de facto director where, considering all relevant circumstances, the person’s actual conduct shows an assumption of directors’ responsibilities…	75

Family / Financial remedies / Financial remedies on divorce

Date	Case	Cited by
26 Oct 2000	White v WhiteHistoric Authority [2000] UKHL 54 · House of Lords When determining financial relief on divorce, the court must seek a fair outcome by considering all the circumstances under section 25 of the Matrimonial…	127
24 May 2006	Miller (Appellant) v. Miller (Respondent) McFarlane (Appellant) v. McFarlane (Respondent)Historic Authority [2006] UKHL 24 · House of Lords Fair financial provision on divorce is guided by three distinct but overlapping strands: needs generated by the relationship, compensation for…	125
24 May 2007	Charman v CharmanHistoric Authority [2007] EWCA Civ 503 · Court of Appeal (Civil Division) Ancillary relief requires computation of financial resources before their fair distribution through needs, compensation and sharing. Discretionary trust assets…	64
10 Mar 2010	Agbaje v Akinnoye-AgbajeLeading Authority [2010] UKSC 13 · Supreme Court Part III of the Matrimonial and Family Proceedings Act 1984 requires two interrelated inquiries: whether England and Wales is an appropriate venue and whether…	42
14 Oct 2015	Sharland v SharlandLeading Authority [2015] UKSC 60 · Supreme Court A matrimonial financial consent order derives its authority from the court, but valid consent remains essential. Fraud which induces a party to compromise a…	41
15 Mar 2017	Ilott v The Blue Cross and othersLeading Authority [2017] UKSC 17 · Supreme Court The family provision jurisdiction qualifies testamentary freedom but does not create forced heirship. For a claimant other than a spouse or civil partner…	30

Property / Tort / Easements

Date	Case	Cited by
2 May 1985	Street v MountfordLeading Authority [1985] AC 809 · Earlier reported cases A residential occupier is a tenant where an agreement grants exclusive possession for a fixed or periodic term in return for a premium or periodical payments.…	81
4 Jul 2002	J A Pye (Oxford) Ltd and Others v Graham and AnotherHistoric Authority [2002] UKHL 30 · House of Lords For limitation purposes, a squatter dispossesses the paper owner by taking ordinary legal possession of land without consent for the statutory period. Hostile…	95
26 Feb 2014	Coventry and others v Lawrence and anotherLeading Authority [2014] UKSC 13 · Supreme Court Private nuisance by noise depends on whether the interference with the reasonable enjoyment of land is objectively unacceptable in its locality. A defendant’s…	53
24 Jun 1940	Sedleigh-Denfield v O’CallaghanLeading Authority [1940] AC 880 · Earlier reported cases An occupier is not automatically liable for a private nuisance created on the land by a trespasser or stranger. Liability arises where the occupier knows, or…	55
24 Jun 1999	R v Oxfordshire County Council, Ex parte Sunningwell Parish CouncilHistoric Authority [2000] 1 AC 335 · Earlier reported cases Use of land is “as of right” when it is open, peaceable and without the landowner’s permission: nec vi, nec clam, nec precario. The users’ subjective beliefs…	67
24 May 2006	Oxfordshire County Council (Respondents) v. Oxford City Council (Appellants) and another (Respondent) (2005) Oxfordshire County Council (Respondents) v. Oxford City Council (Respondents) and another (Appellant) (2005) Oxfordshire County Council (Appellants) v. Oxford City Council and another (Respondents) (2005) (Conjoined Appeals)Leading Authority [2006] UKHL 25 · House of Lords Land satisfying the statutory user requirements does not become a town or village green until it is registered under the Commons Registration Act 1965. Under…	49

Contract / Construction adjudication / Civil procedure

Date	Case	Cited by
16 Nov 2005	Carillion Construction Ltd v Devonport Royal Dockyard LtdHistoric Authority [2005] EWCA Civ 1358 · Court of Appeal (Civil Division) An adjudicator’s decision is provisionally binding and enforceable despite errors of fact, law or procedure. Enforcement may be refused for excess of…	105
31 Jul 2000	Bouygues (UK) Ltd v Dahl-Jensen (UK) LtdLeading Authority [2000] EWCA Civ 507 · Court of Appeal (Civil Division) An adjudicator's decision under section 108 of the Housing Grant, Construction and Regeneration Act 1996 is binding and ordinarily enforceable by summary…	70
27 Feb 2008	Cantillon Ltd v Urvasco LtdLeading Authority [2008] EWHC 282 (TCC) · High Court: Technology and Construction Court An adjudicator must determine the essential disputed claim, rather than confining the reference to the parties’ pre-referral arguments or evidence. A…	62
20 May 2005	Wimbledon Construction Company 2000 Ltd. v VagoLeading Authority [2005] EWHC 1086 (TCC) · High Court: Technology and Construction Court An adjudicator’s decision should ordinarily be enforced promptly. On an application to stay enforcement, the court must exercise its discretion with the…	43

Criminal / Confiscation / Proceeds of crime

Date	Case	Cited by
14 Nov 2012	R v WayaHistoric Authority [2012] UKSC 51 · Supreme Court A confiscation order under Proceeds of Crime Act 2002 must be read and applied compatibly with article 1 of the First Protocol. The Crown Court must refuse an…	70
14 May 2008	R v May (Appellant) (On Appeal from the Court of Appeal (Criminal Division))Historic Authority [2008] UKHL 28 · House of Lords Confiscation legislation deprives an offender of the total value of property or pecuniary advantage obtained through relevant criminal conduct, whether or not…	71
18 Jun 2014	R v Ahmad and anotherLeading Authority [2014] UKSC 36 · Supreme Court Where offenders obtain property together through a joint criminal enterprise, each may have obtained the whole property for confiscation purposes. This depends…	17
16 Mar 2001	Gokal v Serious Fraud OfficeLeading Authority [2001] EWCA Civ 368 · Court of Appeal (Civil Division) An application for a certificate of inadequacy under section 83 of the Criminal Justice Act 1988 must address a genuine post-order inadequacy in realisable…	26

Criminal / Insolvency / Company

Date	Case	Cited by
21 Jul 2005	Regina v. Soneji and another (Respondents) (On Appeal from the Court of Appeal (Criminal Division))Leading Authority [2005] UKHL 49 · House of Lords Failure to comply with a statutory procedural requirement does not automatically invalidate the resulting act. The court should avoid rigid classification of…	147
16 Aug 2024	A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company LtdLeading Authority [2024] UKSC 27 · Supreme Court Where legislation does not prescribe the consequence of breaching a procedural requirement, the court must identify the consequence which best fits the…	27
8 Nov 1979	London & Clydeside Estates Ltd v Aberdeen District CouncilHistoric Authority [1980] 1 WLR 182 · Earlier reported cases A statutory requirement intended to inform a person of rights of appeal is prima facie mandatory. Total failure to provide the information invalidates the…	53
21 May 1999	R v Secretary of State for the Home Department, Ex p Jeyeanthan (Jeyeanthan, Ex parte, Ravichandran v Secretary of State for the Home Department)Historic Authority [2000] 1 WLR 354 · Earlier reported cases Failure to comply strictly with a procedural requirement does not, without more, render subsequent proceedings a nullity. The mandatory or directory…	55

Other

Date	Case	Cited by
18 Jun 2010	Bradley Fold Travel Ltd & Anor v Secretary of State for TransportLeading Authority [2010] EWCA Civ 695 · Court of Appeal (Civil Division) An appeal from a specialist tribunal is not a rehearing on fresh factual territory. The appellant bears the burden of showing that the decision below is wrong.…	111
17 Mar 2004	Subesh & Ors v Secretary Of State For Home DepartmentLeading Authority [2004] EWCA Civ 56 · Court of Appeal (Civil Division) An open-ended appeal on fact and law is not a second first-instance hearing. Finality means that the first decision is treated as correct until the appellant…	55
11 May 2017	The Secretary of State for Justice the Lord Chancellor v SVS SolicitorsLeading Authority [2017] EWHC 1045 (QB) · High Court: Queen's Bench Division Only prosecution material served as evidence or exhibits counts as pages of prosecution evidence under the graduated fee scheme. Formal service, including…	34
8 Dec 2011	Lord Chancellor v Ian Henery Solicitors LtdLeading Authority [2011] EWHC 3246 (QB) · High Court: Queen's Bench Division For the graduated fee schemes under the Criminal Defence Service (Funding) Order 2007, a case proceeds to trial only when it has begun in a meaningful sense.…	28

Tort / Damages / Civil procedure

Date	Case	Cited by
18 Apr 2018	Morris-Garner and another v One Step (Support) LtdFrequently Cited Guidance [2018] UKSC 20 · Supreme Court Common law damages for breach of contract compensate for loss caused by non-performance. Negotiating damages are available only where that loss is…	70
17 Jun 2020	Sainsbury’s Supermarkets Ltd v Visa Europe Services LLC and othersFrequently Cited Guidance [2020] UKSC 24 · Supreme Court A collectively fixed positive multilateral interchange fee restricts competition by effect where it creates a non-negotiable floor under the merchant service…	38
13 Mar 2009	Cobham Hire Services Ltd v EelesLeading Authority [2009] EWCA Civ 204 · Court of Appeal (Civil Division) Where a final damages award may include a periodical payments order, the likely amount of the final judgment for CPR 25.7(4) means the likely capital award. It…	35
27 Jul 2000	Attorney-General v Blake (Jonathan Cape Ltd, Third Party) (Jonathan Cape Ltd (Third Party))Historic Authority [2001] 1 AC 268 · Earlier reported cases An account of profits may exceptionally be awarded for breach of contract where ordinary remedies are inadequate and the claimant has a legitimate interest in…	81

Tort / Negligence / Contributory negligence

Date	Case	Cited by
20 Jul 2016	Patel v MirzaLeading Authority [2016] UKSC 42 · Supreme Court The common law illegality defence requires a principled assessment of whether granting relief would harm the integrity of the legal system. The court must…	110
24 Jun 1993	Tinsley v MilliganHistoric Authority [1994] 1 AC 340 · Earlier reported cases A party to an illegal transaction may enforce a legal or equitable proprietary interest if the party can establish the interest without pleading or relying on…	118
25 Jun 1952	Stapley v Gypsum Mines LtdLeading Authority [1953] AC 663 · Earlier reported cases Legal causation is determined by applying common sense to the particular facts, as a properly instructed and reasonable jury would do. Where several faults…	29
17 Jun 2009	Gray (Original Respondent and Cross appellants) v Thames Trains and others (Original Appellant and Cross respondents)Leading Authority [2009] UKHL 33 · House of Lords A claimant cannot recover damages for imprisonment, restricted hospital detention or consequential loss of earnings resulting from a sentence lawfully imposed…	45

Insolvency / Company / Civil procedure

Date	Case	Cited by
26 Apr 2004	Telewest Communications Plc , ReLeading Authority [2004] EWHC 924 (Ch) · High Court: Chancery Division The convening hearing for a creditors’ scheme of arrangement addresses jurisdiction, principally class composition. Substantive fairness is considered at…	62
2 Nov 2018	Noble Group Ltd, ReLeading Authority [2018] EWHC 2911 (Ch) · High Court: Chancery Division At the convening stage of a scheme of arrangement, the court determines creditor classes and any clear jurisdictional obstacle. It does not decide the scheme’s…	52
25 Jul 1990	In re Atlantic Computer Systems plcHistoric Authority [1992] Ch 505 · Earlier reported cases An administrator’s use of land or goods held under an existing lease or hire-purchase agreement does not automatically make the continuing rent or hire charges…	48

Social security / Public law / Administrative law

Date	Case	Cited by
11 Feb 1999	R v Secretary of State for the Home Department, Ex parte Salem (Salem, Ex parte)Leading Authority [1999] 1 AC 450 · Earlier reported cases An appellate court has discretion to hear an academic appeal in public-law proceedings involving a public authority, even though no live issue remains between…	131
19 Dec 2011	Hutcheson v Popdog Ltd & AnorLeading Authority [2011] EWCA Civ 1580 · Court of Appeal (Civil Division) An appellate court will only exceptionally permit an appeal that is academic between the parties. It must be satisfied that the appeal raises a point of…	36
17 Dec 2007	Zoolife International Ltd, R (on the application of) v Secretary of State for Environment, Food & Rural AffairsLeading Authority [2007] EWHC 2995 (Admin) · High Court: Administrative Court A court should ordinarily refuse to decide an academic judicial-review claim. It may exceptionally do so only where there is a good public-interest reason. In…	39

Tort / False imprisonment / Administrative

Date	Case	Cited by
25 Feb 2010	Stanford International Bank Ltd, ReLeading Authority [2010] EWCA Civ 137 · Court of Appeal (Civil Division) A receivership obtained in securities-fraud proceedings is not a foreign insolvency proceeding merely because a court-appointed receiver may later seek a…	49
12 Dec 1996	O’Hara v Chief Constable of the Royal Ulster ConstabularyLeading Authority [1997] AC 286 · Earlier reported cases A constable may arrest without warrant under a provision requiring suspicion on reasonable grounds only if the constable personally and genuinely suspects the…	52

Public law / Public procurement / Civil procedure

Date	Case	Cited by
5 Feb 1975	American Cyanamid Co v Ethicon LtdLeading Authority [1975] AC 396 · Earlier reported cases An applicant for an interlocutory injunction need not establish that success at trial is probable. The claim must disclose a serious question to be tried and a…	436