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45 Cases
UKSC/2018/0224
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PUBLIC LAW/HUMAN RIGHTS
Judgment givenCase summary:(1) Whether statutory authorities, including the First-tier Tribunal and Upper Tribunal, have the power or duty to calculate entitlement to housing benefit without making deductions for under-occupancy, so as not to violate a claimant’s rights under the European Convention on Human Rights; (2) if so, the extent to which the payment of discretionary housing payments are relevant to the task of the statutory authorities in calculating entitlement.
Last updated: 21 May 2025
UKSC/2023/0025
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TORT
Judgment givenCase summary:How should a court assess damages for pain, suffering and loss of amenity ("PSLA") in the tort of negligence, where the claimant suffered PSLA caused by both: (a) a whiplash injury ("WLI") which comes within the scope of the Civil Liability Act 2018 (the "2018 Act") and therefore attracts a fixed "tariff award"; and (b) a non-whiplash injury ("NWLI") which does not attract a tariff award?
Last updated: 4 March 2025
UKSC/2022/0080
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CRIME
Judgment givenCase summary:Can a worker who is subject to detriment for the purpose of preventing or deterring her participation in a union-organised industrial action can potentially bring a claim under s. 146(2)(b) of the Trade Union & Labour Relations (Consolidation) Act 1992 ("TULRCA")?In particular: (i) does Article 11 ECHR protect workers in such circumstances, and can the absence of sufficient protection under s. 146 TULRCA as conventionally interpreted be justified under Article 11(2)?; and (ii) is it possible to interpret s. 146 TULRCA so as to be compatible with Article 11 pursuant to the duty in s. 3 HRA 1998, or should the court make a declaration of incompatibility pursuant to s. 4 HRA 1998?
Last updated: 21 January 2025
UKSC/2021/0147
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INTELLECTUAL PROPERTY
Judgment givenCase summary:What is the nature and extent of the liability of a director, or senior executive employee, for causing a company to commit a civil wrong, for which a claim can be brought without a finding of fault by the wrongdoer (e.g. a ‘strict liability tort’)? Here, the strict liability tort was trademark infringement.If a director is legally responsible for the tort, can they be ordered to pay profits made as a result of the tort to the wronged part (e.g. a ‘account of profits’), even if those profits were not personally received? Does this extend to the director paying back the portion of their salary that was attributable to the tort?
Linked casesCross appeal.
Last updated: 21 January 2025
UKSC/2023/0029
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COMMERCIAL
Judgment givenCase summary:Where goods sold Cost & Freight free out are located at their discharge port, on the date of the buyer's default, in the circumstances as found by the GAFTA Appeal Board in the Awards, is "the actual or estimated value of the goods, on the date of default under sub-clause (c) of the GAFTA Default Clause to be assessed by reference to:a) The market value of goods at that discharge port (where they are located on the date of default); orb) The theoretical cost on the date of default of (i) buying those goods Free on Board at the original port of shipment plus (ii) the market freight rate for transporting the goods from that port to the discharge port free out?
Last updated: 21 January 2025
UKSC/2022/0038
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NEGLIGENCE
Judgment givenCase summary:Can an individual make a claim for psychiatric injury caused by witnessing the death or other horrifying event of a close relative as a result of earlier clinical negligence?
Last updated: 20 January 2025
UKSC/2022/0009
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ARBITRATION
Judgment givenCase summary:What is the proper interpretation of a charter agreement and bills of lading for a vessel, in respect of losses arising out the seizure of the vessel by pirates.
Last updated: 20 January 2025
UKSC/2022/0078
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PUBLIC LAW/HUMAN RIGHTS
Judgment givenCase summary:Is applying a lower threshold test for the recall of prisoners on licence who are subject to a "determinate custodial sentence", such as the Appellant, than is applied for the recall of prisoners subject to other allegedly comparable types of sentence discriminatory and a breach of the Appellant's rights under Article 5 (right to liberty and security) read with Article 14 (prohibition of discrimination) of the European Convention on Human Rights (ECHR)?
Last updated: 20 January 2025
UKSC/2022/0019
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TAX
Judgment givenCase summary:Was the Court of Appeal wrong to uphold the order striking out Jersey Choice Limited's claim on the basis the pleadings disclosed no reasonable grounds?
Last updated: 20 January 2025
UKSC/2022/0100
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BUSINESS, PROPERTY, WILLS, AND TRUSTS
Judgment givenCase summary:Where the hirer of a car contractually agrees to pay the car hire company a sum for loss of use if the hire car is damaged during the hire period, and the hire car is then damaged due to the negligent driving of a third party, can the hirer recover that contractual liability from the negligent driver (or their insurer)?
Last updated: 20 January 2025
UKSC/2022/0144
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PUBLIC LAW/HUMAN RIGHTS
Judgment givenCase summary:Whether the Review Tribunal (the Tribunal) was entitled to conclude that RM's mental disorder continues to be of a nature or degree warranting his continued detention in hospital for medical treatment (i.e. whether the test for discharge from a Restriction Order under Article 78 of the Mental Health (Northern Ireland) Order 1986 (the Order) is met).
Last updated: 20 January 2025
UKSC/2022/0108
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INTELLECTUAL PROPERTY
Judgment givenCase summary:This appeal concerns the application of EU and UK trade mark law to the cross-border marketing and sale of goods on the internet. The question for the Supreme Court is: Where goods marketed and sold on a foreign website are identical to goods for which trade marks are registered in the EU or UK, in what circumstances would the marketing and selling of such goods infringe the EU/UK trade marks?
Last updated: 20 January 2025
UKSC/2022/0103
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EXTRADITION
Judgment givenCase summary:(1) For a requested person to have deliberately absented himself from trial for the purposes of section 20(3) Extradition Act 2002, must the requesting authority prove that he has actual knowledge that he could be convicted and sentenced in absentia?(2) Where the requesting authority asserts that it can be demonstrated by inference that a requested person could reasonably foresee that he could be convicted and sentenced in absentia, must the inference be the only reasonable inference?
Last updated: 20 January 2025
UKSC/2021/0184
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PROCEDURE
Awaiting judgmentCase summary:Was the Court of Appeal wrong: (i) when it determined that the doctrine of merger did not extinguish Zavarco's cause of action in the 2016 Claim and thereby prevent pursuit of the identical cause of action in the 2018 Claim; (ii) to find that the doctrine of merger does not depend on the cause of action asserted, but instead upon the relief obtained; (iii) to find that the doctrine of merger does not apply to any judgment granting a declaration.
Last updated: 20 January 2025
UKSC/2021/0150
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NEGLIGENCE
Judgment givenCase summary:What is the nature and extent of the liability of a director, or senior executive employee, for causing a company to commit a civil wrong, for which a claim can be brought without a finding of fault by the wrongdoer (e.g. a ‘strict liability tort’)? Here, the strict liability tort was trademark infringement.If a director is legally responsible for the tort, can they be ordered to pay profits made as a result of the tort to the wronged part (e.g. a ‘account of profits’), even if those profits were not personally received? Does this extend to the director paying back the portion of their salary that was attributable to the tort?
Last updated: 20 January 2025
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