Civil appeals to the Supreme Court

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The Supreme Court is the final court of appeal in the UK for civil cases. It hears cases of the greatest public or constitutional importance and plays an important role in the development of United Kingdom law. It hears appeals on arguable points of law from the civil division of the Court of Appeal and, in some very limited cases, the High Court.

The Supreme Court has its own set of rules, the Supreme Court Rules (referred to in this overview as 'SCR') and its own set of Practice Directions (referred to in this overview as ‘SCR PDs’). These are entirely separate to the Civil Procedure Rules, which govern procedure in the County Courts, High Court and Court of Appeal.

The SCR were enacted by the Supreme Court Rules 2024, SI 2024/949, which revoke and replace the Supreme Court Rules 2009 (referred to in this Practice Note as ‘old SCR’). For an introduction to the Supreme Court Rules 2024, see Practice Note: Guide to the Supreme Court Rules 2024.

The Supreme Court has a website on which much information is available

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Latest Dispute Resolution News

Jurisdictional challenges from abroad and the duty of full and frank disclosure (Okuashvili and others v JSC Tbilisi Tobacco and others)

Dispute Resolution analysis: In Okuashvili v JSC Tbilisi Tobacco, the High Court heard a complex jurisdictional challenge in respect of two separate sets of proceedings brought against various individuals and companies located in or with a nexus to Georgia. The judgment, which resulted in the court ultimately declining jurisdiction over almost all of the claims against all but one defendant, provides a helpful summary of the law applicable to the granting of permission to serve out of the jurisdiction under CPR 6.36 and CPR 6.37. It also serves as a timely reminder to practitioners of the importance of compliance with the duty of full and frank disclosure which arises in the context of without notice applications such as an application for permission to serve a claim out of the jurisdiction, and of the factors the court will take into consideration when determining whether or not there has been valid service out of the jurisdiction. Written by Emily Lodge, senior associate at Quinn Emanuel Urquhart & Sullivan UK LLP.

UKSC and JCPC publish final year of 2023-2026 business plan

The UK Supreme Court (UKSC) and the Judicial Committee of the Privy Council (JCPC) have published the final year of their three-year business plan for 2023-2026. The plan focuses on five strategic priorities and reports the successful completion of their Change Programme, which includes the launch of a new digital case management portal and the creation of new websites for the Supreme Court and the JCPC.

Council establishes a compelling need for an injunction against Persons Unknown to prevent trespass and nuisance (The Mayor and Burgesses of the London Borough of Enfield v Snell and others)

Local Government analysis: This case involved the London Borough of Enfield (the Council) and several defendants, including individuals living on boats on the River Lea and separate structures on the embankment owned by the Council. The land in question is part of the Meridian Water Regeneration Project (‘Regeneration Project), a significant development initiative aimed at constructing approximately 10,000 residential homes, commercial premises and infrastructure improvements. The Council sought an injunction to prevent the unauthorised moorings and occupation of its land so as to be able to proceed with the Regeneration Project. In the High Court, Deputy Judge Jason Beer KC granted the final injunction, emphasising the compelling justification for preventing unauthorised moorings that obstructed essential infrastructure works. Written by Clive Adams, partner at Birketts LLP.

‘Half the truth is often a great lie’—Benjamin Franklin (Expert Tooling and Automation Ltd v Engie Power Ltd)

Commercial analysis: A case brought to the Court of Appeal challenging the High Court’s decision on the scope of fiduciary duty, informed consent and dishonesty. The court clarified that agents must fully disclose commissions (including the amount and method of funding) to avoid breaching fiduciary duties. Engie Power could only be liable as an accessory if dishonest and the court found the limitation period began when commission was paid, not when the contract was signed. The appeal was allowed in part. Written by Alexander Whatley, barrister at 3PB Chambers.

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