Case Notes
Notable new judgments, in plain English — what each case decided and why it matters for practitioners. Every write-up links to the official judgment on The National Archives
Case Notes are editorial summaries and opinion — they may contain errors, are not legal advice, and must not be relied upon. Always check the full judgment.
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Fair terms for a patent platform: the Supreme Court lets Tesla's FRAND claim proceed in England
Allowing Tesla's appeal, the Supreme Court held there is a serious issue to be tried on an implementer's claim for a declaration of FRAND licence terms for standard-essential patents offered through a multi-owner platform, and that the English courts have jurisdiction to hear it. A patent owner's FRAND obligation is not shed by licensing through a pool or platform, and the Delaware Court of Chancery was not an available forum for setting terms for UK patents.
Read the update →An unrecognised, unregistrable foreign judgment is still a "debt": the Supreme Court revives a bankruptcy petition
Allowing the creditor's appeal, the Supreme Court held that the obligation to pay under an unrecognised and unregistrable foreign money judgment is a "debt" capable of founding a bankruptcy petition under section 267 of the Insolvency Act 1986, without prior recognition proceedings. A judgment that is registrable under the Foreign Judgments (Reciprocal Enforcement) Act 1933 must still be registered first, and the nineteenth-century "obligation principle" remains good law.
Read the update →Cross-border spyware and state immunity: the Supreme Court reads section 5 without a 'presence' requirement
By a majority of three to two, the Supreme Court held that the personal-injury exception in section 5 of the State Immunity Act 1978 contains no requirement that the foreign state's agent be physically present in the UK. On the assumed facts of a preliminary issue, a state that remotely hacked computers in Britain could face a claim here; Lord Leggatt and Lord Burrows dissented, reading section 5 consistently with article 11 of the European Convention on State Immunity.
Read the update →Loss of bargain without a repudiatory breach: the Supreme Court upholds clause 14 of the Norwegian Saleform
Dismissing the sellers' appeal, the Supreme Court held that a buyer who lawfully cancels under clause 14 of the Norwegian Saleform can recover loss-of-bargain damages even where there has been no repudiatory breach. The word "loss" is general and unqualified, and the sellers' "causation" and "clear words" arguments could not cut it down.
Read the update →'Privilege hunting' is an abuse of process: the Court of Appeal condemns a Black Cube sting on an opponent's solicitor
The Court of Appeal held that a claimant's covert 'privilege hunting' operation — using the firm Black Cube to trick the defendants' solicitor into revealing confidential litigation and settlement strategy, including information said to be privileged — was a serious abuse of process. It dismissed the claimants' appeal and discharged their freezing orders, but declined to strike out the underlying fraud claim, which continues to trial.
Read the update →Leaving unsuitable accommodation does not end the main housing duty: the Court of Appeal reads suitability into section 193(6)(d)
Dismissing Birmingham's appeal, the Court of Appeal held that section 193(6)(d) of the Housing Act 1996 only brings the main housing duty to an end where the accommodation the applicant left was suitable — so a council cannot escape its duty by pointing to a family leaving unsuitable accommodation.
Read the update →The court is not to be trifled with: the Court of Appeal upholds an 18-month suspended committal for contempt
The Court of Appeal dismissed Lars Windhorst's appeal against an 18-month suspended committal for contempt over his repeated failure to attend a judgment-debtor examination, upholding both the length of the term and the court's power to attach a positive condition — production of documents — to the suspension.
Read the update →Zero-rating is an advantage, not a right: the Upper Tribunal closes the reverse-charge escape from a Mecsek denial
Denying a complicit supplier the benefit of zero-rating does not convert the supply into a standard-rated one, so section 55A cannot shift a £5.9m VAT liability onto the customer. The obligation to account arises from the anti-abuse principle itself, not from a charging provision.
Read the update →Good faith means what a director does, not just what he believes: the Supreme Court dismisses Costa's appeal
The Supreme Court held that section 172 of the Companies Act 2006 requires a director to act, not merely to think, in good faith — a director who covertly delays a sale he was trusted to run acts in bad faith, and the buy-out order stands.
Read the update →Blocking a private access road is not statutory public nuisance: the Supreme Court's first ruling on section 78
In its first decision on section 78 of the Police, Crime, Sentencing and Courts Act 2022, the Supreme Court read 'a right that may be exercised or enjoyed by the public at large' narrowly, acquitting six protesters who blocked a private dairy access road.
Read the update →Closing a centre for disabled adults without consulting them: the Court of Appeal quashes Bromley's decision
The Court of Appeal held a council owed a duty to consult vulnerable users before closing an adult education centre, and that the 'highly likely' bar to relief in section 31(2A) of the Senior Courts Act 1981 was not met where real options remained.
Read the update →Second-hand software gets a green light: the Court of Appeal backs ValueLicensing against Microsoft
The Court of Appeal dismissed Microsoft's appeal on both jurisdiction and the substance, confirming the CAT can hear copyright issues within a competition claim and that UsedSoft exhaustion covers non-program works and split bulk licences.
Read the update →Fixing the clock on "held": the Court of Appeal tightens the environmental information review test
Allowing the regulators' appeal, the Court of Appeal held that whether information is "held" under the Environmental Information Regulations is tested at the date of the original request, not the date of a later internal review.
Read the update →Disguised employment in LLPs: the Supreme Court closes the book on BlueCrest's salaried members appeal
The Supreme Court dismissed BlueCrest's appeal on both limbs of the salaried members legislation, leaving £142m of PAYE determinations in play and confirming the narrow reading of 'significant influence'.
Read the update →Issue estoppel has limits: the Supreme Court revives SKAT's claim against ED&F Man
Allowing the Danish tax authority's appeal, the Supreme Court held its 2022 claim was not barred by the dismissal of an earlier claim — and tightened the law on when issue estoppel arises.
Read the update →Fact or opinion? The Court of Appeal refuses to disturb the Vince v Tice libel rulings
The Court of Appeal dismissed Dale Vince's appeal against the preliminary-issue rulings in his libel claim against Richard Tice, restating the 'disciplined restraint' applied to meaning appeals.
Read the update →Vulnerable clients and the Legal Ombudsman: the Court of Appeal restores a service ruling against a solicitor
The Court of Appeal restored the Legal Ombudsman's ruling that a family firm fell short in its service to a vulnerable client — and clarified how being 'vulnerable' differs from 'lacking capacity'.
Read the update →Court of Appeal sets aside the CAT's phenytoin ruling — and reopens one of the UK's leading excessive-pricing cases
The Court of Appeal set aside the Competition Appeal Tribunal's phenytoin decision for procedural unfairness, reopening the Pfizer/Flynn excessive-pricing saga.
Read the update →Good Law Project's data-rights claim against Reform UK clears its first hurdle
The High Court refused Reform UK's bid to strike out the Good Law Project's data-protection claim, sending the data subject access dispute to trial.
Read the update →Deferred pay through a corporate member: the Supreme Court tackles LLP remuneration planning in HFFX
The Supreme Court held that LLP members' deferred remuneration was taxable under s.687 ITTOIA, while rejecting HMRC's s.850 profit-reallocation route.
Read the update →Ride-hailing is not a 'tour operator': the Court of Appeal hands HMRC a win on Bolt's VAT
The Court of Appeal held that ride-hailing does not fall within the VAT Tour Operators' Margin Scheme, reversing two tribunal wins for Bolt.
Read the update →Where robust turns into misconduct: a barrister's appeal against the Bar Standards Board fails
The High Court upheld misconduct findings against a barrister over unfounded accusations made in litigation, dismissing his appeal on all grounds.
Read the update →Furlough counts against you: the Supreme Court settles the £1bn Covid business-interruption question
The Supreme Court held that CJRS furlough payments must be deducted from Covid business-interruption insurance payouts.
Read the update →