Most cited cases

The 100 most cited cases

#	Date	Case	Cited by
1	19 Jun 1997	Investors Compensation Scheme Ltd v West Bromwich Building Society (Investors Compensation Scheme Ltd v Hopkins & Sons) [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
2	2 Mar 2009	Easyair Ltd (t/a Openair) v Opal Telecom Ltd [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
3	10 Jun 2015	Arnold v Britton and others [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
4	1 Jul 2004	South Bucks District Council and another (Respondents) v. Porter (FC) (Appellant) [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
5	14 Dec 2000	Johnson v Gore Wood & Co [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
6	25 Nov 1954	Ladd v Marshall [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
7	22 Mar 2001	Three Rivers District Council v. Governor and Company of the Bank of England [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
8	29 Mar 2017	Wood v Capita Insurance Services Limited [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
9	21 Oct 1999	Swain v Hillman & Anor [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
10	2 Nov 2011	Rainy Sky S. A. and others v Kookmin Bank [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
11	4 Jul 2014	Denton & Ors v TH White Ltd & Ors [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
12	23 Mar 2011	Walumba Lumba (previously referred to as WL) (Congo) 1 and 2 v Secretary of State for the Home Department [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
13	1 Jul 2009	Chartbrook Limited (Respondents) v Persimmon Homes Limited and others (Appellants) and another (Respondent) [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
14	4 Apr 2003	ED&F Man Liquid Products Ltd. v Patel & Anor [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
15	13 Dec 2001	Magill v Porter and Magill v Weeks [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
16	5 Feb 1975	American Cyanamid Co v Ethicon Ltd [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
17	19 Jun 2013	Bank Mellat v Her Majesty's Treasury (No 1) [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
18	19 Jun 2013	Bank Mellat v Her Majesty's Treasury (No 2) [2013] UKSC 39 · Supreme Court A measure interfering with a fundamental right must pursue a sufficiently important objective, be rationally connected to that objective, use no more intrusive…	389
19	14 Dec 1995	In re H (Minors) (Sexual Abuse: Standard of Proof) [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
20	11 Jun 2008	In re B (Children) (FC) [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
21	20 Jun 2012	HH v Deputy Prosecutor of the Italian Republic, Genoa [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
22	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) [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
23	21 Mar 2012	Tesco Stores Limited v Dundee City Council (Scotland) [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
24	15 Nov 2013	Gestmin SGPS SA v Credit Suisse (UK) Ltd & Anor [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
25	11 May 1995	Tesco Stores Ltd v Secretary of State for the Environment [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
26	12 Jun 2013	In the matter of B (a Child) (FC) [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
27	26 May 2006	Doncaster Pharmaceuticals Group Ltd.& Ors v The Bolton Pharmaceutical Company 100 Ltd [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
28	18 Feb 1987	Meek v City of Birmingham District Council [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
29	10 Nov 1947	Associated Provincial Picture Houses Ltd v Wednesbury Corpn [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
30	31 May 2002	Yeboah v Crofton [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
31	19 Nov 1986	Spiliada Maritime Corpn v Cansulex Ltd (The Spiliada) [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
32	2 Dec 2015	Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited and another [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
33	28 Jan 2014	Fage UK Ltd & Anor v Chobani UK Ltd & Anor [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
34	8 Feb 1990	Caparo Industries plc v Dickman [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
35	13 Jun 2007	ICI Chemicals & Polymers Ltd v TTE Training Ltd [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
36	26 Nov 1992	Pepper v Hart [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
37	28 Oct 2004	In re S (FC) (a child) (Appellant) [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
38	11 Apr 2001	THE ROYAL BROMPTON HOSPITAL NATIONAL HEALTH SERVICE TRUST v HAMMOND AND ORS [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
39	16 Jul 1999	R v North and East Devon Health Authority, Ex p Coughlan [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
40	24 Jun 1999	Piglowska v Piglowski [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
41	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) [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
42	21 May 1997	Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd [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
43	6 May 2015	Polish Judicial Authorities v Celinski & Ors [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
44		Biogen Inc. v Medeva Plc [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
45	17 Jun 2004	Regina v. Sectretary of State for the Home Department (Appellant) ex parte Razgar (FC) and two other actions [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
46	1 Feb 2011	ZH (Tanzania) (FC) v Secretary of State for the Home Department [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
47	10 Mar 2011	AK Investment CJSC v Kyrgyz Mobil Tel Limited and others (Isle of Man) [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
48	13 Nov 2002	Assicurazioni Generali SpA v Arab Insurance Group (Practice Note) [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
49	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)) [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
50	3 Feb 2005	Dow Jones & Co Inc v Jameel [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
51	21 Jun 2004	Ghaidan (Appellant) v. Godin-Mendoza (FC) (Respondent) [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
52	2 Feb 2004	E v Secretary of State for Home Department [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
53	16 Apr 2014	Jafri v Lincoln College [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
54	24 Feb 2010	Norris v Government of United States of America [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
55	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) [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
56	3 Jul 2013	Virgin Atlantic Airways Limited v Zodiac Seats UK Limited (formerly known as Contour Aerospace Limited) [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
57	24 Jul 1996	Bristol and West Building Society v Mothew [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
58	10 Jun 2011	E (Children) (FC) [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
59	25 Apr 1985	G v G (Minors: Custody Appeal) [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
60	2 Feb 2022	R (on the application of O (a minor, by her litigation friend AO)) v Secretary of State for the Home Department [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
61	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) [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
62	12 Jun 2002	Excelsior Commercial & Industrial Holdings Limited v Salisbury Hammer Aspden & Johnson (a firm) [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
63	27 Nov 2013	Mitchell MP v News Group Newspapers Ltd [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
64	23 May 2001	Regina v. Secretary of State for the Home Department, Ex parte Daly [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
65	6 Dec 1993	Bolton v Law Society [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
66	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) [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
67	9 May 2001	Alconbury [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
68	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) [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
69	13 Nov 1997	Bolitho v City and Hackney Health 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
70	25 Jul 1955	Edwards v Bairstow [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
71	2 Jul 2014	Henderson v Foxworth Investments Limited and another [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
72	21 Jul 1998	Paragon Finance Plc v D B Thakerar & Co (A Firm); Thimbleby & Co v Paragon Finance Plc [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
73	6 May 2004	Campbell (Appellant) v. MGN Limited (Respondents) [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
74	5 Apr 2022	Gabriele Volpi & Anor. v Matteo Volpi [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
75	12 May 1995	Allied Maples Group Ltd v Simmons & Simmons [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
76	10 Jul 2003	Wilson and others v. Secretary of State for Trade and Industry (Appellant) [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
77	25 Oct 2017	Ivey v Genting Casinos (UK) Ltd t/a Crockfords [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
78	22 Jun 2007	Pozzoli Spa v BDMO SA & Anor [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
79	8 Sep 2017	Mansell vTonbridge And Malling Borough Council [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
80	19 Nov 1987	Polkey v A E Dayton Services Ltd [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
81	19 Feb 2009	Szombathely City Court & Ors v Fenyvesi & Anor [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
82	28 May 1963	Hedley Byrne & Co Ltd v Heller & Partners Ltd [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
83	17 Oct 2007	Premium Nafta Products Limited (20th Defendant) and others (Respondents) v. Fili Shipping Company Limited (14th Claimant) and others (Appellants) [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
84	1 Mar 2001	Bank of Credit and Commerce International v. Ali and Others [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
85	1 Apr 1998	Wisniewski (A Minor) v Central Manchester Health 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
86	21 Feb 2018	Barton v Wright Hassall LLP [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
87	15 Jan 2007	Fatnani & Anor v General Medical Council [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
88	10 Sep 2009	AC Ward & Son v Catlin (Five) Ltd & Ors [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
89	9 Sep 2013	In the matter of A (Children) (AP) [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
90	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) [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
91	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) [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
92	9 Oct 2013	Osborn v The Parole Board [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
93	22 Nov 1984	Council of Civil Service Unions v Minister for the Civil Service [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
94	12 Jun 1997	Mahmud v Bank of Credit and Commerce International SA (Malik v Bank of Credit and Commerce International SA) [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
95	27 Feb 2003	Shamoon (Appellant v. Chief Constable of the Royal Ulster Constabulary (Respondent)(Northern Ireland) [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
96	20 May 1999	In re A Company (No 00709 of 1992) (O’Neill v Phillips) [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
97	21 Mar 2002	Twinsectra Limited v Yardley and Others [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
98	8 Jul 1999	R v Secretary of State for the Home Department, Ex parte Simms (R v Governor of Whitemoor Prison, Ex parte Main) [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
99	14 Oct 2004	Cream Holdings Limited and others (Respondents) v. Banerjee and others (Appellants) [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
100	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) [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

Supreme Court

#	Date	Case	Cited by
1	10 Jun 2015	Arnold v Britton and others [2015] UKSC 36 A written contract is interpreted objectively, through the eyes of a reasonable person possessing the background knowledge reasonably available to both…	645
2	29 Mar 2017	Wood v Capita Insurance Services Limited [2017] UKSC 24 Contractual interpretation is a unitary and iterative exercise directed to the objective meaning of the parties’ language. The court reads the disputed wording…	542
3	2 Nov 2011	Rainy Sky S. A. and others v Kookmin Bank [2011] UKSC 50 Contractual interpretation is a unitary and objective exercise. The court identifies what a reasonable person, possessing the background knowledge reasonably…	521
4	23 Mar 2011	Walumba Lumba (previously referred to as WL) (Congo) 1 and 2 v Secretary of State for the Home Department [2011] UKSC 12 An executive detention policy must permit individual consideration, be applied consistently and disclose enough information for affected persons to make…	501
5	19 Jun 2013	Bank Mellat v Her Majesty's Treasury (No 1) [2013] UKSC 38 The Supreme Court may use a closed material procedure on an appeal where statute authorises closed proceedings below and its appellate jurisdiction, construed…	389
6	19 Jun 2013	Bank Mellat v Her Majesty's Treasury (No 2) [2013] UKSC 39 A measure interfering with a fundamental right must pursue a sufficiently important objective, be rationally connected to that objective, use no more intrusive…	389
7	20 Jun 2012	HH v Deputy Prosecutor of the Italian Republic, Genoa [2012] UKSC 25 In extradition proceedings engaging the family-life rights of dependent children, the children's best interests are a primary consideration and must receive…	382
8	21 Mar 2012	Tesco Stores Limited v Dundee City Council (Scotland) [2012] UKSC 13 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
9	12 Jun 2013	In the matter of B (a Child) (FC) [2013] UKSC 33 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
10	2 Dec 2015	Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited and another [2015] UKSC 72 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
11	1 Feb 2011	ZH (Tanzania) (FC) v Secretary of State for the Home Department [2011] UKSC 4 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
12	24 Feb 2010	Norris v Government of United States of America [2010] UKSC 9 Article 8 does not impose a legal test of exceptionality in extradition proceedings. The court must undertake a fact-specific proportionality assessment…	242
13	3 Jul 2013	Virgin Atlantic Airways Limited v Zodiac Seats UK Limited (formerly known as Contour Aerospace Limited) [2013] UKSC 46 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
14	10 Jun 2011	E (Children) (FC) [2011] UKSC 27 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
15	2 Feb 2022	R (on the application of O (a minor, by her litigation friend AO)) v Secretary of State for the Home Department [2022] UKSC 3 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
16	2 Jul 2014	Henderson v Foxworth Investments Limited and another [2014] UKSC 41 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
17	25 Oct 2017	Ivey v Genting Casinos (UK) Ltd t/a Crockfords [2017] UKSC 67 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
18	21 Feb 2018	Barton v Wright Hassall LLP [2018] UKSC 12 Under Civil Procedure Rules rule 6.15(2), retrospective validation of defective service depends on a single evaluative question: whether all the circumstances…	177
19	9 Sep 2013	In the matter of A (Children) (AP) [2013] UKSC 60 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
20	9 Oct 2013	Osborn v The Parole Board [2013] UKSC 61 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
21	10 May 2017	Suffolk Coastal District Council v Hopkins Homes Ltd and another [2017] UKSC 37 National planning policy is guidance and a material consideration. It remains subordinate to the statutory development plan. Paragraph 49 of the National…	143
22	18 Mar 2015	Braganza v BP Shipping Limited and another [2015] UKSC 17 A contractual power to make a decision affecting both parties is ordinarily subject to an implied term requiring honesty, good faith and rationality…	134
23	12 Jun 2013	Prest v Petrodel Resources Limited and others [2013] UKSC 34 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
24	27 Jan 2010	Application by Guardian News and Media Ltd and others in Her Majesty’s Treasury v Mohammed Jabar Ahmed and others (FC) [2010] UKSC 1 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
25	26 Nov 2009	R (on the application of A) v London Borough of Croydon and one other action [2009] UKSC 8 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

House of Lords

#	Date	Case	Cited by
1	19 Jun 1997	Investors Compensation Scheme Ltd v West Bromwich Building Society (Investors Compensation Scheme Ltd v Hopkins & Sons) [1997] UKHL 28 Contractual interpretation is objective. The court asks what the document would convey to a reasonable person possessing the background knowledge reasonably…	788
2	1 Jul 2004	South Bucks District Council and another (Respondents) v. Porter (FC) (Appellant) [2004] UKHL 33 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
3	22 Mar 2001	Three Rivers District Council v. Governor and Company of the Bank of England [2001] UKHL 16 Untargeted misfeasance in public office may arise where a public officer knowingly acts unlawfully with knowledge of probable injury, or consciously disregards…	567
4	1 Jul 2009	Chartbrook Limited (Respondents) v Persimmon Homes Limited and others (Appellants) and another (Respondent) [2009] UKHL 38 A contract is interpreted according to what a reasonable person, possessing the background knowledge available to the parties, would understand its language to…	488
5	13 Dec 2001	Magill v Porter and Magill v Weeks [2001] UKHL 67 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
6	11 Jun 2008	In re B (Children) (FC) [2008] UKHL 35 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
7	28 Oct 2004	In re S (FC) (a child) (Appellant) [2004] UKHL 47 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
8	24 Jun 1999	Piglowska v Piglowski [1999] UKHL 27 An appellate court may interfere with a discretionary financial-remedies order only where the decision falls outside the generous ambit of reasonable…	283
9	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) [2007] UKHL 11 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
10	17 Jun 2004	Regina v. Sectretary of State for the Home Department (Appellant) ex parte Razgar (FC) and two other actions [2004] UKHL 27 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
11	21 Jun 2004	Ghaidan (Appellant) v. Godin-Mendoza (FC) (Respondent) [2004] UKHL 30 Article 14 prohibits unjustified discrimination within the ambit of another Convention right. Where legislation grants succession rights to unmarried…	251
12	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) [2004] UKHL 26 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
13	23 May 2001	Regina v. Secretary of State for the Home Department, Ex parte Daly [2001] UKHL 26 Prisoners retain the fundamental rights of access to a court, access to legal advice and confidential communication with legal advisers. General statutory…	223
14	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) [2007] UKHL 21 Inducing breach of contract and causing loss by unlawful means are distinct economic torts. The former imposes accessory liability for intentional…	221
15	9 May 2001	Alconbury [2001] UKHL 23 Article 6(1) may apply when an administrative planning or compulsory-purchase decision directly determines civil rights. It does not require policy and…	215
16	6 May 2004	Campbell (Appellant) v. MGN Limited (Respondents) [2004] UKHL 22 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
17	10 Jul 2003	Wilson and others v. Secretary of State for Trade and Industry (Appellant) [2003] UKHL 40 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
18	17 Oct 2007	Premium Nafta Products Limited (20th Defendant) and others (Respondents) v. Fili Shipping Company Limited (14th Claimant) and others (Appellants) [2007] UKHL 40 An arbitration clause in a commercial contract should ordinarily be construed on the assumption that rational businesspeople intended every dispute arising…	184
19	1 Mar 2001	Bank of Credit and Commerce International v. Ali and Others [2001] UKHL 8 A general release is construed by ordinary objective principles. It may extend to unknown or unforeseen claims where sufficiently clear language and the…	181
20	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) [2004] UKHL 46 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
21	27 Feb 2003	Shamoon (Appellant v. Chief Constable of the Royal Ulster Constabulary (Respondent)(Northern Ireland) [2003] UKHL 11 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
22	21 Mar 2002	Twinsectra Limited v Yardley and Others [2002] UKHL 12 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
23	8 Jul 1999	R v Secretary of State for the Home Department, Ex parte Simms (R v Governor of Whitemoor Prison, Ex parte Main) [1999] UKHL 33 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
24	14 Oct 2004	Cream Holdings Limited and others (Respondents) v. Banerjee and others (Appellants) [2004] UKHL 44 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
25	14 Feb 1968	Padfield v Minister of Agriculture, Fisheries and Food [1968] UKHL 1 A statutory discretion must be exercised consistently with the policy and objects of the enactment which confers it. Permissive language does not make…	162

Privy Council

#	Date	Case	Cited by
1	10 Mar 2011	AK Investment CJSC v Kyrgyz Mobil Tel Limited and others (Isle of Man) [2011] UKPC 7 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
2	13 Dec 2010	Francis Paponette and others v The Attorney General of Trinidad and Tobago (Trinidad and Tobago) [2010] UKPC 32 A substantive legitimate expectation based on a promise arises where the claimant proves a clear, unambiguous and unqualified representation. Reliance and…	67
3	13 Feb 2017	Nazir Ali v Petroleum Company of Trinidad and Tobago [2017] UKPC 2 A court may imply a contractual term only where it is necessary to make the contract work, because it is obvious or required for business efficacy. It may not…	51
4	7 Mar 2012	Sans Souci Limited v VRL Services Limited (Jamaica) [2012] UKPC 6 A judicial order is construed in one coherent, contextual exercise. The court’s reasons are always admissible because they authoritatively identify the…	46
5	4 Oct 2021	Broad Idea International Ltd v Convoy Collateral Ltd (British Virgin Islands) [2021] UKPC 24 A court possessing equitable or statutory injunction powers may grant a freezing injunction against a person over whom it has personal jurisdiction to support…	44
6	23 Mar 2015	Central Bank of Ecuador and others v Conticorp SA and others [2015] UKPC 11 A nominee director must understand the company’s affairs, apply an independent mind to its interests and exercise personal judgment. The director cannot…	44
7	17 Aug 2017	Chen v Ng [2017] UKPC 27 A person who voluntarily invokes a court’s jurisdiction to determine an in personam ownership dispute cannot later deny that jurisdiction merely because the…	36
8	9 Jul 2014	Beacon Insurance Company Limited v Maharaj Bookstore Limited [2014] UKPC 21 An appellate court may overturn a trial judge’s factual findings only where they were plainly wrong. The appellate court must decide whether the findings were…	24
9	26 Nov 2009	Pell Frischmann Engineering Limited v Bow Valley Iran Limited and others (Jersey) [2009] UKPC 45 Negotiating damages may compensate a non-proprietary breach of contract where the court has jurisdiction to grant equitable relief. The claimant need not have…	24
10	17 Feb 2010	(1) Theresa Henry (2) Marie Ann Mitchell v Calixtus Henry (Saint Lucia) [2010] UKPC 3 Proprietary estoppel is assessed in the round. Reliance and detriment are conceptually distinct but often intertwined. Detriment is substantial, rather than…	23
11	30 Jan 2013	Cukurova Finance International Limited and Cukurova Holding A.S. v Alfa Telecom Turkey Ltd (British Virgin Islands) [2013] UKPC 2 A contractual default depending on a lender’s opinion requires admissible evidence that the opinion was actually formed. The opinion must also be honest and…	23
12	9 Jul 2013	Cukurova Finance International Limited and another v Alfa Telecom Turkey Limited (British Virgin Islands) [2013] UKPC 20 Relief against forfeiture ordinarily requires late performance of the secured contract, including payment of principal, interest and costs. Where appropriation…	23
13	29 Jul 2013	Cukurova Finance International Limited v Alfa Telecom Turkey Limited (British Virgin Islands) [2013] UKPC 25 A court granting relief from forfeiture has inherent jurisdiction to extend time or otherwise vary the terms of relief. The governing question is whether…	23
14	21 Jun 2011	Tasarruf Mevduati Sigorta Fonu v Merrill Lynch Bank and Trust Company (Cayman) Limited and others (Cayman Islands) [2011] UKPC 17 The jurisdiction under section 37(1) of the Senior Courts Act 1981 is judicially circumscribed but capable of incremental development. A receiver by way of…	22
15	30 Jan 2019	Maharaj v National Energy Corporation of Trinidad and Tobago [2019] UKPC 5 When deciding whether a delayed judicial review claim was brought promptly, or whether there is good reason to extend time, the court must consider all…	21
16	28 Mar 2011	Curtis Francis Warren and others v Her Majesty's Attorney General for the Bailiwick of Jersey (Jersey) [2011] UKPC 10 The abuse-of-process jurisdiction has two distinct categories. Where a fair trial is impossible, proceedings must be stayed. The second category protects the…	19
17	19 Apr 2021	RAV Bahamas Ltd and another v Therapy Beach Club Incorporated (Bahamas) [2021] UKPC 8 A serious-irregularity challenge under section 90 of the Arbitration Act 2009 requires both a listed irregularity and substantial injustice. The threshold is…	19
18	26 Nov 2014	Stichting Shell Pensioenfonds v Krys and another [2014] UKPC 41 When a company is wound up in its place of incorporation, its worldwide assets are subject to a statutory scheme for collective distribution. A creditor…	19
19	18 May 2023	Lea Lilly Perry and another v Lopag Trust Reg and another No 2 (Cayman Islands) [2023] UKPC 16 An appeal to the Privy Council against concurrent findings of fact will be entertained only in exceptional circumstances involving a miscarriage of justice or…	17
20	26 Nov 2009	Texan Management Limited and others v Pacific Electric Wire & Cable Company Limited (British Virgin Islands) [2009] UKPC 46 A defendant served within the jurisdiction who already has grounds for seeking a forum non conveniens stay should apply promptly under the applicable…	17
21	13 Jun 2013	Crawford Adjusters and others v Sagicor General Insurance (Cayman) Limited and another (Cayman Islands) [2013] UKPC 17 The tort of malicious prosecution extends to civil proceedings. A claimant must prove that the defendant instituted proceedings which terminated in the…	16
22	30 Jan 2013	Ebbvale Limited v Andrew Lawrence Hosking (Trustee in Bankruptcy of Andreas Sofroniou Michaelides) (Bahamas) [2013] UKPC 1 A winding-up petition is not abusive merely because the petitioner expects it to improve his position in related litigation. The court must identify the…	16
23	21 Jan 2015	Nilon Limited and another v Royal Westminster Investments S.A. and others [2015] UKPC 2 Rectification of a company’s register of members is available only where the applicant has a present right to registration through a valid transfer of legal…	16
24	4 Nov 2009	Peter Michel v The Queen [2009] UKPC 41 A criminal defendant has an absolute right to a fair trial, irrespective of the apparent strength of the prosecution case. A conviction must be quashed where…	16
25	9 Jul 2013	Prime Sight Limited (A Company Registered in Gibraltar) v Edgar Charles Lavarello (Official Trustee of Benjamin Marrache a Bankrupt) (Gibraltar) [2013] UKPC 22 A written deed may create a contractual estoppel even where both parties knew that a recital was untrue. The question is one of construction: whether the…	15

Court of Appeal (Civil Division)

#	Date	Case	Cited by
1	21 Oct 1999	Swain v Hillman & Anor [1999] EWCA Civ 3053 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
2	4 Jul 2014	Denton & Ors v TH White Ltd & Ors [2014] EWCA Civ 906 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
3	4 Apr 2003	ED&F Man Liquid Products Ltd. v Patel & Anor [2003] EWCA Civ 472 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
4	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) [2002] EWCA Civ 605 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
5	26 May 2006	Doncaster Pharmaceuticals Group Ltd.& Ors v The Bolton Pharmaceutical Company 100 Ltd [2006] EWCA Civ 661 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
6	18 Feb 1987	Meek v City of Birmingham District Council [1987] EWCA Civ 9 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
7	10 Nov 1947	Associated Provincial Picture Houses Ltd v Wednesbury Corpn [1947] EWCA Civ 1 An executive discretion conferred by statute is supervised for legality, rather than reheard on its merits. A court may intervene where the authority…	329
8	31 May 2002	Yeboah v Crofton [2002] EWCA Civ 794 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
9	28 Jan 2014	Fage UK Ltd & Anor v Chobani UK Ltd & Anor [2014] EWCA Civ 5 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
10	13 Jun 2007	ICI Chemicals & Polymers Ltd v TTE Training Ltd [2007] EWCA Civ 725 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	13 Nov 2002	Assicurazioni Generali SpA v Arab Insurance Group (Practice Note) [2002] EWCA Civ 1642 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
12	3 Feb 2005	Dow Jones & Co Inc v Jameel [2005] EWCA Civ 75 Publication of words defamatory of an identifiable individual remains actionable without proof of actual reputational loss. The presumption of damage is…	251
13	2 Feb 2004	E v Secretary of State for Home Department [2004] EWCA Civ 49 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
14	16 Apr 2014	Jafri v Lincoln College [2014] EWCA Civ 449 The Employment Appeal Tribunal supervises legality rather than deciding the merits of employment disputes. After identifying an error of law, it must remit…	244
15	12 Jun 2002	Excelsior Commercial & Industrial Holdings Limited v Salisbury Hammer Aspden & Johnson (a firm) [2002] EWCA Civ 879 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
16	27 Nov 2013	Mitchell MP v News Group Newspapers Ltd [2013] EWCA Civ 1537 Under the revised CPR 3.9, the efficient and proportionate conduct of litigation and the enforcement of procedural obligations are of paramount importance.…	226
17	21 Jul 1998	Paragon Finance Plc v D B Thakerar & Co (A Firm); Thimbleby & Co v Paragon Finance Plc [1998] EWCA Civ 1249 An amendment which first alleges intentional wrongdoing introduces a new cause of action where the existing pleading alleges only negligence or other…	203
18	5 Apr 2022	Gabriele Volpi & Anor. v Matteo Volpi [2022] EWCA Civ 464 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
19	22 Jun 2007	Pozzoli Spa v BDMO SA & Anor [2007] EWCA Civ 588 Patent obviousness should be assessed by identifying the skilled person and common general knowledge, identifying the claim’s inventive concept or construing…	193
20	8 Sep 2017	Mansell vTonbridge And Malling Borough Council [2017] EWCA Civ 1314 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
21	1 Apr 1998	Wisniewski (A Minor) v Central Manchester Health Authority [1998] EWCA Civ 596 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
22	15 Jan 2007	Fatnani & Anor v General Medical Council [2007] EWCA Civ 46 On a statutory appeal against a medical disciplinary sanction, the High Court must recognise that professional discipline is principally concerned with…	177
23	10 Sep 2009	AC Ward & Son v Catlin (Five) Ltd & Ors [2009] EWCA Civ 1098 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
24	7 May 2021	DPP Law Ltd v Greenberg [2021] EWCA Civ 672 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
25	6 Nov 2013	Stuart Bracking & Ors v Secretary of State for Work and Pensions [2013] EWCA Civ 1345 The public sector equality duty requires a decision-maker personally to confront, before and during policy formation, the foreseeable equality consequences of…	163

Court of Appeal (Criminal Division)

#	Date	Case	Cited by
1	22 Mar 2005	Hanson, R. v [2005] EWCA Crim 824 Evidence of a defendant’s bad character is not admitted routinely. Under the Criminal Justice Act 2003, previous convictions may establish propensity only…	103
2	3 Nov 2005	Lang,& Ors, R. v [2005] EWCA Crim 2864 An indeterminate sentence for public protection requires a significant risk that further specified offending will cause death or serious personal injury…	62
3	4 Mar 2014	Burinskas, R v [2014] EWCA Crim 334 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
4	24 Jan 2018	Clarke & Ors, R v [2018] EWCA Crim 185 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
5	12 Sep 2016	Forbes & Ors, R v [2016] EWCA Crim 1388 Historic sexual offences must be sentenced under the law and current sentencing practice at the date of sentence, while respecting the maximum penalty…	45
6	28 Apr 2016	Needham & Ors, R. v [2016] EWCA Crim 455 Where custody and driving disqualification are imposed for the same offence, section 35A of the Road Traffic Offenders Act 1988 requires a disqualification…	43
7	14 Jul 2009	Erskine, R v [2009] EWCA Crim 1425 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
8	11 Jul 2012	Riat & Ors v R. [2012] EWCA Crim 1509 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
9	3 Oct 2012	Petherick, R. v [2012] EWCA Crim 2214 Sentencing a defendant to imprisonment engages the article 8 family-life rights of both the defendant and affected family members, including dependent…	36
10	8 Feb 2018	James & Ors, R v [2018] EWCA Crim 285 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	30 Apr 2020	Manning, R. v (Rev 1) [2020] EWCA Crim 592 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
12	10 Mar 2005	Peters & Ors, R v [2005] EWCA Crim 605 For a murder minimum term, the court must begin with the prescribed starting point under Criminal Justice Act 2003, Schedule 21, but must then make an overall…	35
13	3 Mar 2023	R v Arie Ali [2023] EWCA Crim 232 When deciding whether a short custodial sentence should be suspended, the court may take account of unusually severe prison conditions prevailing when sentence…	32
14	27 Jun 2008	Anwoir & Ors, R. v [2008] EWCA Crim 1354 For a money-laundering offence, the prosecution may prove that property derives from crime in either of two ways. It may identify one or more specific kinds of…	31
15	5 Feb 2015	Lucinda Vowles & Ors, R. v [2015] EWCA Crim 45 Where the medical conditions for a hospital order are met, a hospital order is not automatic. The sentencing court must decide the most suitable disposal by…	31
16	20 Jan 2015	Thorsby & Ors v The Queen [2015] EWCA Crim 1 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
17	1 Feb 2008	Trinity Mirror & Ors, R (on the application of) v Croydon Crown Court [2008] EWCA Crim 50 A Crown Court may use section 11 of the Contempt of Court Act 1981 only where it has deliberately allowed a name or other matter to be withheld from the public…	31
18	27 Jul 2012	Goddard & Anor v R [2012] EWCA Crim 1756 On a submission of no case to answer, the judge must apply the Galbraith test. Where guilt depends on an inference, the question is whether a reasonable jury…	29
19	17 Mar 2023	R v Nazir Ahmed & Ors [2023] EWCA Crim 281 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
20	21 Jun 2013	L & Ors v The Children's Commissioner for England & Anor [2013] EWCA Crim 991 A court must protect a trafficked defendant by staying proceedings for abuse of process where the alleged offending was compelled by, and integral to, that…	28
21	19 Jul 2011	Smith & Ors, R. v (Rev 1) [2011] EWCA Crim 1772 A sexual offences prevention order must be necessary, clear and proportionate. It may be made only to protect the public from a real, rather than remote, risk…	28
22	2 Mar 2022	AAD, AAH, AAI v R [2022] EWCA Crim 106 For victims of trafficking, the statutory defence requires compulsion, attribution to slavery or relevant exploitation, and the absence of a realistic…	26
23	6 Oct 2009	Wilkinson & Ors, R v [2009] EWCA Crim 1925 For serious firearms offending, public protection is paramount, although all statutory purposes of sentencing remain relevant. The guidance in R v Avis and…	26
24	8 Feb 2022	TREDGET v REGINA [2022] EWCA Crim 108 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
25	19 Jan 2004	Cannings, R v [2004] EWCA Crim 1 Where several infant deaths in one family remain unexplained, their rarity does not establish that they were caused by deliberate harm. Excluding known natural…	24

High Court

#	Date	Case	Cited by
1	2 Mar 2009	Easyair Ltd (t/a Openair) v Opal Telecom Ltd [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
2	15 Nov 2013	Gestmin SGPS SA v Credit Suisse (UK) Ltd & Anor [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
3	6 May 2015	Polish Judicial Authorities v Celinski & Ors [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
4	19 Feb 2009	Szombathely City Court & Ors v Fenyvesi & Anor [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
5	18 Jan 2019	Koutsogiannis v The Random House Group Ltd [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
6	5 Feb 2018	Love v The Government of the United States of America & Anor [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
7	26 Mar 2015	Su-Ling v Goldman Sachs International [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
8	19 Mar 2014	Bloor Homes East Midlands Ltd v Secretary of State for Communities and Local Government & Anor [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
9	3 Aug 2018	The Law Society, R (On the Application Of) v The Lord Chancellor [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
10	4 May 2007	Generics (UK) Ltd & Ors v H Lundbeck A/S [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
11	18 Dec 2008	Brown, R (on the application of) v Secretary of State for Work and Pensions [2008] EWHC 3158 (Admin) · High Court: Administrative Court The disability equality duty requires public authorities to give informed and timely consideration to the statutory needs. It requires consideration rather…	95
12	26 May 2017	General Medical Council v Jagjivan & Anor [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
13	3 Feb 2015	Excalibur Ventures LLC v Texas Keystone Inc & Ors [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
14	26 Apr 2021	King & Ors v Stiefel & Ors [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
15	16 Jun 2010	Thornton v Telegraph Media Group Ltd [2010] EWHC 1414 (QB) · High Court: Queen's Bench Division Defamation requires a threshold of seriousness which excludes trivial claims. That requirement applies to personal and professional defamation and reflects…	90
16	12 Apr 2006	Three Rivers District Council & Ors v The Governor & Company of the Bank of England [2006] EWHC 816 (Comm) · High Court: Commercial Court Discontinuance and an offer to pay indemnity costs do not necessarily end the court’s jurisdiction over costs. Disputed entitlement, outstanding application…	83
17	17 Feb 2012	Hurley and Moore, R (on the application of) v Secretary of State for Business Innovation & Skills [2012] EWHC 201 (Admin) · High Court: Administrative Court The right to education requires effective access to existing higher education institutions, but permits tuition fees. Access and indirect discrimination must…	80
18	14 Jul 2003	B, R (on the application of) v London Borough of Merton [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
19	2 Feb 2018	Lukoil Asia Pacific Pte Ltd v Ocean Tankers (Pte) Ltd (Ocean Neptune) [2018] EWHC 163 (Comm) · High Court: Commercial Court Where a voyage charter treats waiting for charterers’ orders as laytime or demurrage, and its payment clause covers all charterers’ purposes so counted, any…	78
20	21 Feb 2006	Bermingham & Ors v Director of the Serious Fraud Office & Anor [2006] EWHC 200 (Admin) · High Court: Administrative Court The Director of the Serious Fraud Office has no duty to investigate suspected fraud to secure a domestic trial or pre-empt extradition. Judicial review of…	70
21	30 Jan 2015	Belbin v The Regional Court of Lille, France [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
22	26 Jul 2017	Blue v Ashley (Rev 1) [2017] EWHC 1928 (Comm) · High Court: Commercial Court An oral promise creates contractual liability only where, viewed objectively in its context, it expresses a serious willingness to be bound and satisfies the…	63
23	11 Jun 2009	HM Revenue & Customs v Benchdollar Ltd & Ors [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
24	27 Feb 2008	Cantillon Ltd v Urvasco Ltd [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
25	26 Apr 2004	Telewest Communications Plc , Re [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

Employment Appeal Tribunal

#	Date	Case	Cited by
1	28 Jan 2010	A v B UKEAT/0206/09 An employer may, subject to safeguards, rely on an official police disclosure that an employee presents a risk to children, even where the information is…	16
2	5 May 2022	A FIELD v STEVE PYE AND CO (KL) LIMITED & Ors [2022] EAT 68 Where there is evidence capable of supporting an inference of discrimination, an employment tribunal must grapple with it when applying section 136 of the…	14
3	13 Mar 2024	R Melki v Bouygues E and S Contracting UK Ltd [2024] EAT 36 The power introduced by rule 37(5) of the Employment Appeal Tribunal Rules 1993 applies from its commencement to pending appeals, including appeals instituted…	11
4	14 Mar 2022	D Warburton v The Chief Constable of Northamptonshire Police [2022] EAT 42 For victimisation under section 27 of the Equality Act 2010, detriment is interpreted widely. The question is whether a reasonable worker would or might regard…	7
5	16 Jun 2022	N SEJPAL v RODERICKS DENTAL LIMITED [2022] EAT 91 Worker status under section 230(3)(b) of the Employment Rights Act 1996 requires a structured application of the statutory language. The tribunal must…	7
6	5 Dec 2022	A Anghel v Middlesex University [2022] EAT 176 An appeal is properly instituted only when the notice of appeal and all required documents are provided within the time limit. Where an ET1 incorporates…	6
7	10 Jun 2022	MOGANE v BRADFORD TEACHING HOSPITALS NHS FOUNDATION TRUST & Ors. [2022] EAT 139 In a redundancy dismissal, meaningful consultation must ordinarily occur while the proposal remains capable of being influenced. The principles in Williams…	6
8	9 Dec 2022	A Chaudhry v Cerberus Security and Monitoring Services Limited [2022] EAT 172 An employment tribunal deciding an application to amend must first identify the precise proposed amendment, normally in writing. It must then expressly balance…	5
9	26 Aug 2022	Anthony Catt v English Table Tennis Association Limited & Ors [2022] EAT 125 For limb (b) worker status under section 230(3)(b) of the Employment Rights Act 1996, the necessary starting point is whether the parties made a contract under…	5
10	20 Mar 2015	Cranwell v Cullen [2015] UKEAT 0046_14_2003 A tribunal must reject a claim instituting relevant proceedings where the prescribed early-conciliation information is absent or where the claim wrongly…	5
11	9 Dec 2021	J PRYCE v BAXTERSTOREY LIMITED [2022] EAT 61 A claimant who is subject to early conciliation must obtain an ACAS certificate before presenting an Employment Tribunal claim. Under section 18A(8) of the…	5
12	19 Jan 2024	M Shah v Home Office [2024] EAT 21 An Employment Appeal Tribunal appeal is not properly instituted under rule 3(1) of the Employment Appeal Tribunal Rules 1993 unless the required documents are…	5
13	26 Apr 2022	N Kumari v Greater Manchester Mental Health NHS Foundation Trust [2022] EAT 132 When deciding whether it is just and equitable to extend time under section 123 of the Equality Act 2010, or whether to permit an amendment, an employment…	5
14	24 Feb 2023	A Mohammed v Guy's and St Thomas' NHS Foundation Trust [2023] EAT 16 An unless order which provides for dismissal of the claim upon material non-compliance operates on the whole claim, rather than only on an individual…	4
15	9 Nov 2021	C Knightley v Chelsea and Westminster Hospital NHS Foundation Trust [2022] EAT 63 A failure to make a reasonable adjustment to a dismissal procedure does not automatically make the dismissal unfair or disproportionate. The statutory tests…	4
16	4 May 2022	Concentrix CVG Intelligent Contact Limited v D Obi [2022] EAT 149 An employment tribunal has a wide discretion under section 123(1)(b) of the Equality Act 2010 to extend time where just and equitable. It must consider the…	4
17	30 Aug 2023	D Cox v Adecco UK Limited & Ors [2023] EAT 105 An employment tribunal deciding an amendment application must assess the practical consequences of allowing or refusing it. It must balance the parties’ real…	4
18	27 Feb 2024	D Martin v The Board of Governors of St Francis Xavier 6th Form College [2024] EAT 22 For direct discrimination, a statutory comparator must be in circumstances which are not materially different from those of the claimant. Whether a difference…	4
19	4 Oct 2022	Dr Mark Ter-Berg v Simply Smile Manor House Ltd & Ors [2023] EAT 2 When employee or worker status is in issue, a tribunal must determine the parties’ true agreement by considering all relevant circumstances under the purposive…	4
20	23 Jun 2025	Gavin Granger v Scottish Fire & Rescue Service [2025] EAT 90 Where an employer dismisses an employee because ill health prevents performance of the role, an assessment entitling the employee to ill-health retirement is…	4
21	16 Jun 2023	Kristie Higgs v Farmor’s School [2023] EAT 89 Where an employer acts in response to an employee’s expression of protected religious or philosophical beliefs, the tribunal must first decide whether the…	4
22	14 Aug 2024	M Hewer & Anor v HCT Group & Ors [2024] EAT 133 An appellant who omits the Employment Tribunal’s written judgment does not properly institute an appeal under rule 3(1). The omission cannot be explained away…	4
23	28 Mar 2024	M Jasim v LHR Airports Limited [2024] EAT 59 Where two employment tribunal claims remain separate, an appeal can be properly instituted in time for one claim even though required documents for the other…	4
24	12 Aug 2022	MTN-1 Limited v David Ross O’Daly [2022] EAT 130 An appeal is properly instituted where the appellant supplies the tribunal judgment containing the reasons actually given, explains the absence of a claim…	4
25	11 Aug 2022	Michael Cowie & Ors v Scottish Fire and Rescue Service [2022] EAT 121 For the purposes of section 15 and section 19 of the Equality Act 2010, the relevant treatment or disadvantage must be assessed in its full factual context.…	4

Upper Tribunal

#	Date	Case	Cited by
1	9 Jun 2011	Ashvin Kumar Somabhai Patel & Anor v The Secretary of State for the Home Department [2011] UKUT 211 (IAC) · Upper Tribunal: Immigration and Asylum Chamber Where an applicant makes a bona fide in-time application supported by an approved sponsor, and the sponsor’s licence is revoked before decision without the…	20
2	25 Feb 2016	SM & Anor v Secretary of State for the Home Department [2016] UKUT 229 (IAC) · Upper Tribunal: Immigration and Asylum Chamber In an appeal alleging dishonest procurement of a TOEIC English-language certificate, the Secretary of State bears the legal burden of proving dishonesty on the…	18
3	7 Feb 2025	KS v Disclosure and Barring Service [2025] UKUT 45 (AAC) · Upper Tribunal: Administrative Appeals Chamber On an appeal under section 4 of the Safeguarding Vulnerable Groups Act 2006, the Upper Tribunal must determine for itself whether a DBS barring decision is…	17
4	21 Jan 2013	The Secretary of State for the Home Department v Uchenna Eucharia Izuazu [2013] UKUT 45 (IAC) · Upper Tribunal: Immigration and Asylum Chamber In Article 8 immigration appeals under the post-9 July 2012 Rules, a tribunal must first decide whether the claimant satisfies the applicable Rules. If not, it…	17
5	11 May 2022	A.B. v The Disclosure and Barring Service [2022] UKUT 134 (AAC) · Upper Tribunal: Administrative Appeals Chamber Under Safeguarding Vulnerable Groups Act 2006, a finding that a person may harm a child or vulnerable adult is an appealable predictive finding of fact. It is…	16
6	25 Aug 2016	AB v Disclosure and Barring Service [2016] UKUT 386 (AAC) · Upper Tribunal: Administrative Appeals Chamber An appeal against a barring decision is confined to an error of law or a material error of fact. The Upper Tribunal does not reconsider whether barring is…	15
7	5 Sep 2022	Edward Acheampong v Patricia Sanchez Roman & Ors [2022] UKUT 239 (LC) · Upper Tribunal: Lands Chamber When fixing a rent repayment order under the Housing and Planning Act 2016, the tribunal must not presume that the full rent is payable subject only to…	15
8	19 Jul 2011	XY v The Independent Safeguarding Authority [2011] UKUT 289 (AAC) · Upper Tribunal: Administrative Appeals Chamber On an appeal against discretionary inclusion in a barred list, the Upper Tribunal determines whether the Independent Safeguarding Authority made an error of…	15
9	19 Mar 2015	MK v SECRETARY OF STATE FOR THE HOME DEPARTMENT [2015] UKUT 223 (IAC) · Upper Tribunal: Immigration and Asylum Chamber Section 55 of the Borders, Citizenship and Immigration Act 2009 imposes two inter-related duties. The Secretary of State must make arrangements directed to…	14
10	4 Apr 2012	Kapil Basnet v The Secretary of State for the Home Department [2012] UKUT 113 (IAC) · Upper Tribunal: Immigration and Asylum Chamber For an application requiring a fee under the Immigration & Nationality (Fees) Regulations 2011, validity turns on whether it was accompanied by the fee, not on…	13
11	18 Sep 2012	MF v THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2012] UKUT 393 (IAC) · Upper Tribunal: Immigration and Asylum Chamber Where Article 8-specific Immigration Rules apply, a tribunal must first decide whether their mandatory requirements, and any relevant discretion, are…	13
12	13 Feb 2014	MM v The Secretary of State for the Home Department [2014] UKUT 105 (IAC) · Upper Tribunal: Immigration and Asylum Chamber A material error of law may arise from procedural unfairness even where the First-tier Tribunal acted reasonably and was not at fault. The question is whether…	13
13	22 Apr 2024	The Information Commissioner v Experian Limited [2024] UKUT 105 (AAC) · Upper Tribunal: Administrative Appeals Chamber The GDPR transparency principle is overarching and may require information beyond the specific duties in Articles 13 and 14. Its application is…	13
14	25 Aug 2010	CDS v The Secretary of State for the Home Department [2010] UKUT 305 (IAC) · Upper Tribunal: Immigration and Asylum Chamber Unpublished policy guidance cannot add mandatory requirements to the Immigration Rules. Funds required by Appendix C are “available” where a third party has…	12
15	4 Dec 2014	JO & Ors v Secretary of State for the Home Department [2014] UKUT 517 (IAC) · Upper Tribunal: Immigration and Asylum Chamber Section 55 of the Borders, Citizenship and Immigration Act 2009 requires an immigration decision-maker to be properly informed about every affected child and…	12
16	30 Aug 2013	Jurgen Deliallisi v The Secretary of State for the Home Department [2013] UKUT 439 (IAC) · Upper Tribunal: Immigration and Asylum Chamber An appeal under section 40A of the British Nationality Act 1981 is a full merits appeal. Unless the legislation clearly requires otherwise, the Tribunal must…	12
17	16 Feb 2012	Milind Manohar Sanade & Ors v The Secretary of State for the Home Department [2012] UKUT 48 (IAC) · Upper Tribunal: Immigration and Asylum Chamber In criminal-deportation cases, the automatic-deportation regime does not impose an additional requirement that an Article 8 claim be exceptional. The tribunal…	12
18	20 Oct 2021	Secretary of State for the Home Department v Modsurudeen Kehinde Agbabiaka [2021] UKUT 286 (IAC) · Upper Tribunal: Immigration and Asylum Chamber Oral evidence given by video from a foreign State to the First-tier Tribunal requires that State’s permission, whether individual or general. The party seeking…	12
19	20 Dec 2013	The Secretary of State for the Home Department v Gulshan [2013] UKUT 640 (IAC) · Upper Tribunal: Immigration and Asylum Chamber Where the family and private life provisions of the Immigration Rules address an Article 8 claim, they are the starting point for the proportionality…	12
20	14 Jun 2012	AM, R (on the application of) v Solihull Borough Council [2012] UKUT 118 (IAC) · Upper Tribunal: Immigration and Asylum Chamber In a challenge to an age assessment under Children Act 1989, whether a person is a child is an objective question of fact for the court or tribunal. The…	11
21	22 Mar 2012	Mohd Naved v The Secretary of State for the Home Department [2012] UKUT 14 (IAC) · Upper Tribunal: Immigration and Asylum Chamber In a points-based immigration application, common-law fairness requires the Secretary of State to give an applicant an opportunity to answer a material adverse…	11
22	17 Aug 2024	SD v Disclosure and Barring Service [2024] UKUT 249 (AAC) · Upper Tribunal: Administrative Appeals Chamber An appeal against a barring decision under section 4 of the Safeguarding Vulnerable Groups Act 2006 addresses whether DBS made a mistake of law or fact. A…	11
23	10 Aug 2011	Hadi Abiyat v Secretary of State for the Home Department [2011] UKUT 314 (IAC) · Upper Tribunal: Immigration and Asylum Chamber A decision of the First-tier Tribunal declining jurisdiction after it has considered the purported appeal and issued a determination is neither procedural nor…	10
24	12 Jun 2023	In the matter of Thomas Seiler & Ors. [2023] UKUT 133 (TCC) · Upper Tribunal: Tax and Chancery Chamber Recklessness amounting to a lack of integrity requires both actual awareness of the relevant risk and an objectively unreasonable decision to take it. The…	10
25	1 Feb 2018	THE SECRETARY OF STATE FOR THE HOME DEPARTMENT v CLAUDIUS STEVEN CHARLES [2018] UKUT 89 (IAC) · Upper Tribunal: Immigration and Asylum Chamber A human-rights appeal against refusal of a human-rights claim under section 82(1)(b) of the Nationality, Immigration and Asylum Act 2002 is determined only by…	10

Earlier reported cases

#	Date	Case	Cited by
1	14 Dec 2000	Johnson v Gore Wood & Co [2002] 2 AC 1 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
2	25 Nov 1954	Ladd v Marshall [1954] 1 WLR 1489 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
3	5 Feb 1975	American Cyanamid Co v Ethicon Ltd [1975] AC 396 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
4	14 Dec 1995	In re H (Minors) (Sexual Abuse: Standard of Proof) [1996] AC 563 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
5	11 May 1995	Tesco Stores Ltd v Secretary of State for the Environment [1995] 1 WLR 759 In determining an application for planning permission, a “material” consideration means a relevant consideration. Relevance is a question of law, but the…	363
6	19 Nov 1986	Spiliada Maritime Corpn v Cansulex Ltd (The Spiliada) [1987] AC 460 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
7	8 Feb 1990	Caparo Industries plc v Dickman [1990] 2 AC 605 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
8	26 Nov 1992	Pepper v Hart [1993] AC 593 Where legislation is ambiguous or obscure, or its literal meaning produces an absurdity, a court may consult Parliamentary materials. The material must…	307
9	11 Apr 2001	THE ROYAL BROMPTON HOSPITAL NATIONAL HEALTH SERVICE TRUST v HAMMOND AND ORS [2001] Lloyd's Rep PN 526 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
10	16 Jul 1999	R v North and East Devon Health Authority, Ex p Coughlan [2001] QB 213 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
11	21 May 1997	Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd [1997] AC 749 A contractual notice exercising a break clause is construed objectively in its documentary and commercial context. The question is what a reasonable recipient…	272
12		Biogen Inc. v Medeva Plc [1997] RPC 1 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
13	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)) [1994] 1 AC 531 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
14	24 Jul 1996	Bristol and West Building Society v Mothew [1998] Ch 1 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
15	25 Apr 1985	G v G (Minors: Custody Appeal) [1985] 1 WLR 647 An appellate court reviews a discretionary welfare decision by the same principles that govern other judicial discretions. It may intervene where the judge…	231
16	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) [1982] AC 529 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
17	6 Dec 1993	Bolton v Law Society [1994] 1 WLR 512 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
18	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) [1997] AC 191 A professional who negligently supplies information to assist another person’s decision is generally liable only for the foreseeable consequences of the…	209
19	13 Nov 1997	Bolitho v City and Hackney Health Authority [1998] AC 232 Professional opinion does not conclusively determine whether clinical conduct was negligent. The supporting body of opinion must be responsible, reasonable and…	208
20	25 Jul 1955	Edwards v Bairstow [1956] AC 14 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
21	12 May 1995	Allied Maples Group Ltd v Simmons & Simmons [1995] 1 WLR 1602 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
22	19 Nov 1987	Polkey v A E Dayton Services Ltd [1988] AC 344 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
23	28 May 1963	Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465 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
24	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) [1997] 1 WLR 1447 Section 18A of the Town and Country Planning (Scotland) Act 1972 gives the development plan statutory priority, but not absolute authority. A determination…	172
25	22 Nov 1984	Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374 An executive decision is not immune from judicial review merely because its power derives from the royal prerogative. Reviewability depends principally on…	170