Home › Negative treatmentCases with negative treatment — “no longer good law?”
Cases that later judgments have doubted, disapproved, not followed or overruled
in this dataset. Negative treatment doesn't always mean a case is wholly bad law — read the
citing judgment — but it's a flag to check. Court of Appeal (Civil Division), 2018–2023.
[1954] 1 WLR 1489 — Doubted Doubted Doubted by Dahir Elmi Abdi & Ors v Entry Clearance Officer Patel v Mirza [2016] UKSC 42 — Not followed Overruled by The Crown Prosecution Service v Aquila Advisory Ltd [2008] UKHL 35 — Disapproved Doubted by RE A (CHILDREN) (POOL OF PERPETRATORS) [1944] KB 718 — Not followed Overruled by WB v W District Council Singh v Dass [2019] EWCA Civ 360 — Doubted Doubted by Lee Hudson v Jayne Hathway Ahmed Mahad (previously referred to as AM) v Entry Clearance Officer [2009] UKSC 16 — Doubted Disapproved by Dahir Elmi Abdi & Ors v Entry Clearance Officer [2010] 1 WLR 48 — Doubted Disapproved by Dahir Elmi Abdi & Ors v Entry Clearance Officer [2002] 1 AC 215 — Doubted Doubted by Group Seven Ltd & Anor v Notable Services LLP & Anor (Rev 2) VTB Capital plc v Nutritek International Corp and others [2013] UKSC 5 — Doubted Doubted by Rossendale Borough Council v Hurstwood Properties (A) Ltd & Ors Dover District Council v CPRE Kent [2017] UKSC 79 — Not followed Doubted by Oxton Farm v Harrogate Borough Council [1987] AC 625 — Doubted Doubted by Balajigari v The Secretary of State for the Home Department [1976] AC 443 — Not followed Not followed by WB v W District Council [2018] 2 WLR 1583 — Doubted Doubted by Bhandari & Anor v Secretary of State for the Home Department [1983] IRLR 43 — Doubted Doubted by Patel v Folkestone Nursing Home Ltd [2008] EWHC 1530 (Comm) — Doubted Doubted by Kaefer Aislamientos SA De CV v AMS Drilling Mexico SA De CV & Ors [1982] AC 529 — Overruled by William Andrew Tinkler v Esken Limited (formerly Stobart Group Limited) [1969] 1 AC 191 — Overruled by Allsop v Banner Jones Ltd (t/a Banner Jones Solicitors) [2002] 1 AC 615 — Overruled by Allsop v Banner Jones Ltd (t/a Banner Jones Solicitors) [1948] Ch 221 — Overruled by Allsop v Banner Jones Ltd (t/a Banner Jones Solicitors) [2014] EWHC 2502 (Ch) — Doubted by Allsop v Banner Jones Ltd (t/a Banner Jones Solicitors) NE-A (Nigeria) v Secretary of State for the Home Department [2017] EWCA Civ 239 — Disapproved by LE (St Vincent And the Grenadines) v The Secretary of State for the Home Department The Commissioners for HMRC v Newey (t/a Ocean Finance) [2018] EWCA Civ 791 — Doubted by The Commissioners for HMRC v Atholl House Productions Limited [2018] STC 1054 — Doubted by The Commissioners for HMRC v Atholl House Productions Limited SC (Zimbabwe) v Secretary of State for the Home Department [2018] EWCA Civ 929 — Doubted by Mahmood, R (on the application of) v Upper Tribunal (Immigration and Asylum Chamber) & Ors Binbuga (Turkey) v Secretary of State for the Home Department [2019] EWCA Civ 551 — Doubted by Mahmood, R (on the application of) v Upper Tribunal (Immigration and Asylum Chamber) & Ors Case C-700/20 — Doubted by Amir Soleymani v Nifty Gateway LLC [1973] 1 WLR 19 — Disapproved by L'Oreal (UK) Ltd & Anor v Liqwd Inc & Anor [2013] 1 WLR 634 — Disapproved by L'Oreal (UK) Ltd & Anor v Liqwd Inc & Anor [2017] UKSC 67 — Disapproved by Raychaudhuri v General Medical Council [2018] AC 391 — Disapproved by Raychaudhuri v General Medical Council [2013] 2 AC 337 — Doubted by Rossendale Borough Council v Hurstwood Properties (A) Ltd & Ors [1975] AC 396 — Disapproved by Nolson, R (on the application of) v Stevenage Borough Council ICI Chemicals & Polymers Ltd v TTE Training Ltd [2007] EWCA Civ 725 — Doubted by Begum v Maran (UK) Ltd Re T (Children) (Jurisdiction: Matrimonial Proceedings) [2023] EWCA Civ 285 — Disapproved by S (Children: Parentage and Jurisdiction), Re Fage UK Ltd & Anor v Chobani UK Ltd & Anor [2014] EWCA Civ 5 — Overruled by Bank St Petersburg PJSC & Anor v Arkhangelsky & Anor Poshteh v Royal Borough of Kensington and Chelsea [2017] UKSC 36 — Doubted by Kannan v London Borough of Newham [2009] UKHL 38 — Doubted by FSHC Group Holdings Ltd v Glas Trust Corporation Ltd (Rev 1) [1987] IRLR 250 — Doubted by All Answers Ltd v W & Anor Fairclough Homes Limited v Summers [2012] UKSC 26 — Overruled by Dr Craig Wright v Peter McCormack [2012] 1 WLR 2004 — Overruled by Dr Craig Wright v Peter McCormack Bank Mellat v Her Majesty's Treasury (No 2) [2013] UKSC 39 — Doubted by AR & SXC, R (On the Application Of) v Secretary of State for Work and Pensions [2014] AC 700 — Doubted by AR & SXC, R (On the Application Of) v Secretary of State for Work and Pensions [2014] EWCA Civ 711 — Disapproved by Schettini v Silvestri & Ors [2015] Ch 309 — Disapproved by Schettini v Silvestri & Ors [2002] EWCA Civ 605 — Doubted by All Answers Ltd v W & Anor [2002] 1 WLR 2409 — Doubted by All Answers Ltd v W & Anor [2014] EWHC 1178 (Ch) — Doubted by Aria Technology Ltd v Revenue And Customs [2015] Ch 212 — Doubted by Aria Technology Ltd v Revenue And Customs [2008] UKHL 63 — Disapproved by WB v W District Council [2009] 1 AC 311 — Disapproved by WB v W District Council In the matter of an application by Siobhan McLaughlin for Judicial Review (Northern Ireland) [2018] UKSC 48 — Disapproved by Re A (Parental Responsibility) [2018] 1 WLR 4250 — Disapproved by Re A (Parental Responsibility) Case C-258/11 — Doubted by The Queen (on the application of Ronald Wyatt, Chairperson of BARAD, acting in a representative capacity) v Fareham Borough Council & Ors. [2007] EWCA Civ 586 — Doubted by Wingfield, R (on the application of) v Canterbury City Council & Anor Case C-283/81 — Doubted by Preston New Road Action Group v Secretary of State for Communities & Anor (1985) 7 EHRR 471 — Overruled by Secretary of State for the Home Department v FWF & Anor, R (On the Application Of) Sainsbury's Supermarkets Ltd v Mastercard Incorporated & Ors (Rev 1) [2018] EWCA Civ 1536 — Doubted by NTN Corporation & Ors. v Stellantis N.V. & Ors. [2017] AC 624 — Doubted by Kannan v London Borough of Newham (2017) 65 EHRR 6 — Doubted by JT v First-Tier Tribunal In the matter of B (a Child) (FC) [2013] UKSC 33 — Doubted by Lakatamia Shipping Company Ltd v Morimoto Trillium (Prime) Property GP Ltd v Elmfield Road Ltd [2018] EWCA Civ 1556 — Not followed by Merthyr (South Wales) Ltd (FKA Blackstone (South Wales) Ltd) v Merthyr Tydfil County Borough Council [1990] 1 WLR 1545 — Doubted by Hugh Murphy & Anor. v The Commissioners for HMRC [2012] 1 AC 621 — Overruled by Secretary of State for the Home Department v FWF & Anor, R (On the Application Of) [1996] AC 669 — Overruled by Banca Intesa Sanpaolo SpA & Anor v Comune Di Venezia [1997] Fam 117 — Doubted by In the matter of R-E (Children) [1998] 1 WLR 896 — Doubted by Fishbourne Developments Ltd v Stephens [2000] Ch 76 — Overruled by Azuonye v Kent [2010] UKSC 53 — Disapproved by Corbyn v Millett Boyd & Anor v Ineos Upstream Ltd & Ors [2019] EWCA Civ 515 — Doubted by Canada Goose UK Retail Ltd & Anor v Unknown Persons [2019] 4 WLR 100 — Doubted by Canada Goose UK Retail Ltd & Anor v Unknown Persons [1977] AC 1014 — Overruled by Maguire & Ors, R (on the application of) v Leeds Safeguarding Children Board [2020] UKSC 7 — Overruled by PN (Uganda), R (On the Application Of) v Secretary of State for the Home Department [2004] 1 FLR 56 — Doubted by Bilal Ali (as personal representative of Farzand Ali (Deceased)) v Laith Khatib (as personal representative of Fateh Bubu (Deceased)) & Ors. FXF v English Karate Federation Limited & Anor [2023] EWCA Civ 891 — Not followed by Lufthansa Technik AG v Panasonic Avionics Corporation & Ors The Pollen Estate Trustee Company Ltd & Anor v Revenue And Customs [2013] EWCA Civ 753 — Doubted by Northern Gas Networks Ltd v The Commissioners for HMRC [2013] 1 WLR 3785 — Doubted by Northern Gas Networks Ltd v The Commissioners for HMRC [2022] EWHC 7180 (Comm) — Doubted by Alexander Gorbachev v Andrey Grigoreyvich Guriev R v Secretary of State for the Home Department [2017] UKSC 11 — Doubted by Gurdeep Kaur v Secretary of State for the Home Department [2004] QB 1044 — Doubted by Michael, R (on the application of) v HMP Whitemoor & Anor [2004] ICR 55 — Not followed by Rana v London Borough of Ealing & Anor [1999] IRLR 785 — Not followed by Rana v London Borough of Ealing & Anor [2009] 1 AC 11 — Disapproved by RE A (CHILDREN) (POOL OF PERPETRATORS) [2007] 2 AC 167 — Disapproved by The Secretary of State for the Home Department v MS (Pakistan) [2007] 1 FLR 1018 — Doubted by M (Children : Habitual Residence : 1980 Hague Child Abduction Convention) Royal Mencap Society v Tomlinson-Blake [2018] EWCA Civ 1641 — Disapproved by Bath Hill Court (Bournemouth) Management Company Ltd v Coletta [2022] UKSC 9 — Doubted by Urenco Chemplants Limited & Anor v The Commissioners for His Majesty's Revenue and Customs [2022] 1 WLR 1829 — Doubted by Urenco Chemplants Limited & Anor v The Commissioners for His Majesty's Revenue and Customs [2014] PTSR 1092 — Doubted by The Queen (on the application of Ronald Wyatt, Chairperson of BARAD, acting in a representative capacity) v Fareham Borough Council & Ors. [2020] Costs LR 297 — Overruled by University Hospitals of Derby & Burton NHS Foundation Trust v Rebecca Harrison [2007] EWCA Civ 1329 — Disapproved by Global 100 Limited v Maria Laleva [1992] 2 AC 1 — Not followed by Banca Intesa Sanpaolo SpA & Anor v Comune Di Venezia The Queen (on the application of Kalonga) v London Borough of Croydon [2022] EWCA Civ 670 — Not followed by Piffs Elm Limited, R (on the application of) v Commission for Local Administration in England & Anor. [2022] PTSR 1568 — Not followed by Piffs Elm Limited, R (on the application of) v Commission for Local Administration in England & Anor. [1973] AC 691 — Doubted by Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP [1997] AC 749 — Doubted by Granada UK Rental & Retail Ltd & Ors v The Pensions Regulator MM (Uganda) & Anor v Secretary of State for the Home Department (Rev 1) [2016] EWCA Civ 617 — Overruled by Runa v Secretary of State for the Home Department [1987] 1 WLR. 379 — Doubted by THE KING on the application of MH (ERITREA) v SECRETARY OF STATE FOR THE HOME DEPARTMENT [2003] 2 AC 687 — Doubted by Davis v Watford Borough Council [1972] ICR 501 — Doubted by Gomes v Higher Level Care Ltd [1973] 1 WLR 45 — Doubted by Gomes v Higher Level Care Ltd [1987] ICR 641 — Overruled by Gomes v Higher Level Care Ltd [1995] ICR 406 — Overruled by Gomes v Higher Level Care Ltd [2011] UKSC 45 — Overruled by Secretary of State for the Home Department v FWF & Anor, R (On the Application Of) [1985] QB 67 — Not followed by AD & Ors, R (On the Application Of) v London Borough of Hackney [2015] UKSC 21 — Doubted by Roberts v The Soldiers, Sailors, Airmen And Families Association - Forces Help & Anor (Rev 1) [2015] 1 AC 1787 — Doubted by Roberts v The Soldiers, Sailors, Airmen And Families Association - Forces Help & Anor (Rev 1) [2011] EWCA Civ 1083 — Doubted by Gertner v CFL Finance Ltd & Anor [2006] EWHC 3489 (Ch) — Not followed by The Law Society (Acting Through the Solicitors Regulation Authority) v Blavo [2010] 1 AC 180 — Doubted by Equitas Insurance Ltd v Municipal Mutual Insurance Ltd [2007] UKHL 11 — Disapproved by The Secretary of State for the Home Department v MS (Pakistan) [2018] 1 WLR 1035 — Doubted by Secretary of State for the Home Department v Aibangbee [1968] AC 269 — Overruled by Quantum Actuarial LLP v Quantum Advisory Ltd [2017] 1 WLR 823 — Doubted by Gurdeep Kaur v Secretary of State for the Home Department GM (Sri Lanka) v The Secretary of State for the Home Department (Rev 1) [2019] EWCA Civ 1630 — Doubted by Gurdeep Kaur v Secretary of State for the Home Department [1975] QB 303 — Doubted by NHS Commissioning Board (Known As NHS England) v Vasant (t/a MK Vasant & Associates) & Ors [1995] 1 AC 148 — Doubted by Fowler v HM Revenue and Customs [2009] AC 1101 — Doubted by FSHC Group Holdings Ltd v Glas Trust Corporation Ltd (Rev 1) Taylor v Rhino Overseas Inc. [2020] EWCA Civ 353 — Doubted by Bell v Ivy Technology Ltd TW v A City Council & Ors [2011] EWCA Civ 17 — Not followed by T (Fact-Finding: Second Appeal) W and F (Children), Re [2015] EWCA Civ 1300 — Not followed by T (Fact-Finding: Second Appeal) Y and E (Children) (Sexual Abuse Allegations), Re [2019] EWCA Civ 206 — Not followed by T (Fact-Finding: Second Appeal) Ocado Group PLC & Anr v McKeeve [2021] EWCA Civ 145 — Doubted by Graham Michael Wildin v Forest of Dean District Council [2020] EWHC 3536 (Comm) — Doubted by Ocado Group PLC & Anr v McKeeve [1953] Ch 43 — Not followed by Generator Developments Ltd v LIDL UK GmbH [2004] Ch 19 — Doubted by Allianz Global Investors GMBH & Ors v Barclays Bank PLC & Ors [2012] ICR 1419 — Doubted by Bath Hill Court (Bournemouth) Management Company Ltd v Coletta 2007 1 WLR 273 — Disapproved by The Competition And Markets Authority (CMA) v Concordia International RX (UK) [2003] UKHL 13 — Doubted by Davis v Watford Borough Council Abela and others v Baadarani [2013] UKSC 44 — Doubted by Kaefer Aislamientos SA De CV v AMS Drilling Mexico SA De CV & Ors [2000] BCC 16 — Not followed by Orexim Trading Ltd v Mahavir Port And Terminal Private Ltd & Ano [1999] 2 AC 143 — Doubted by Dolan & Ors, R (On the Application Of) v Secretary of State for Health And Social Care & Anor [2012] EWHC 1773 (TCC) — Doubted by North Midland Building Limited v Cyden Homes Limited [2017] EWHC 162 (QB) — Not followed by Arron Banks v Carole Cadwalladr [1997] RPC 1 — Doubted by Prescott v Potamianos & Anor [2017] EMLR 4 — Doubted by Rachel Riley v Laura Murray Economou v De Freitas [2018] EWCA Civ 2591 — Doubted by Rachel Riley v Laura Murray [2015] AC 1259 — Doubted by Manchikalapati & Ors, R (on the application of) v The Financial Services Compensation Scheme [2006] 1 WLR 1543 — Doubted by Lee Hudson v Jayne Hathway [2004] EWCA Civ 546 — Doubted by Lee Hudson v Jayne Hathway [2005] Fam 211 — Doubted by Lee Hudson v Jayne Hathway [2004] 2 AC 457 — Doubted by WM Morrison Supermarkets Plc v Various Claimants M v London Borough of Croydon [2012] EWCA Civ 595 — Not followed by Archer, R (on the application of) v HM Revenue and Customs [2017] EWCA Civ 2220 — Doubted by Gwinnutt v George & Anor [2018] ICR 827 — Doubted by Gwinnutt v George & Anor [2000] QB 451 — Doubted by Business Mortgage Finance 4 Plc & Ors v Rizwan Hussain [1990] 1 AC 536 — Disapproved by General Mediterranean Holding SA SPF v Qucomhaps Holdings Ltd & Ors [2003] EWCA Civ 716 — Disapproved by The Secretary of State for the Home Department v MS (Pakistan) [2003] 1 WLR 2979 — Disapproved by The Secretary of State for the Home Department v MS (Pakistan) [2018] 1 WLR 108 — Not followed by Oxton Farm v Harrogate Borough Council [2004] UKHL 22 — Doubted by WM Morrison Supermarkets Plc v Various Claimants (2002) 34 EHRR 17 — Doubted by Rashid Maqsood Abbasi & Anor v Newcastle Upon Tyne Hospitals NHS Foundation Trust [1994] 1 AC 340 — Not followed by The Crown Prosecution Service v Aquila Advisory Ltd [2005] 2 Lloyd’s Rep 326 — Doubted by RBRG Trading (UK) Ltd v Sinocore International Co Ltd [2005] ICR 374 — Not followed by Moorthy v The Commissioners for HMRC [2006] 1 AC 207 — Doubted by Paulo Antonio v Secretary of State for the Home Department [2021] EWCA Civ 1438 — Disapproved by Stephen Hoey & Ors. v Commissioners for HMRC [2022] 1 WLR 651 — Disapproved by Stephen Hoey & Ors. v Commissioners for HMRC [2020] 2 WLR 1183 — Doubted by Olga Cazalet v Walid Abu-Zalaf [1974] 1 W.L.R. 1308 — Doubted by Harcus Sinclair LLP v Harcus Sinclair UK Lte [1966] 1 WLR 1234 — Not followed by WB v W District Council [2000] EWHC 230 (Comm) — Doubted by SK Shipping Europe Limited v Capital VLCC 3 Corp [2020] 1 WLR 1627 — Doubted by Koza Ltd & Anor. v Koza Altin Işletmeleri AS [1991] 1 W.L.R. 153 — Doubted by Tate, R (on the application of) v Leffers-Smith [2016] A.C. 1355 — Doubted by Sophocleous & Ors v The Secretary of State for Foreign And Commonwealth Affairs & Anor [2013] 1 WLR 2305 — Doubted by B v The General Medical Council [1989] AC 755 — Disapproved by BTI 2014 LLC v Sequana S.A. & Ors [2018] EWHC 2336 (Ch) — Overruled by Loveridge v Loveridge [1979] Fam 84 — Not followed by Nazia Parveen v Assim Balal Hussain [1999] 2 Lloyd’s Rep 423 — Doubted by Decision Inc Holdings Proprietary Limited & Anor v Stephen Garbett & Anor OJSC VTB Bank v Parline Ltd & Ors [2013] EWHC 3538 (Comm) — Overruled by E D & F Man Capital Markets Ltd v Straits (Singapore) PTE Ltd [2011] EWHC 2760 (QB) — Doubted by Fiona George v Linda Cannell & Anor [1961] AC 352 — Overruled by Daniel Richard Jwanczuk v Secretary of State for Work and Pensions FSHC Group Holdings Ltd v Glas Trust Corporation Ltd (Rev 1) [2019] EWCA Civ 1361 — Doubted by Tradition Financial Services Ltd v Bilta (UK) Ltd & Ors [2020] Ch 365 — Doubted by Tradition Financial Services Ltd v Bilta (UK) Ltd & Ors [2013] EWCA Civ 12 — Not followed by WB v W District Council [2017] EWCA Civ 944 — Disapproved by HA (Iraq) v Secretary of State for the Home Department (Rev 1) [2018] 1 WLR 1083 — Disapproved by HA (Iraq) v Secretary of State for the Home Department (Rev 1) [2004] UKHL 19 — Doubted by Whitehall Court London Ltd v The Crown Estate Commissioners [2021] EWHC 2706 (Comm) — Doubted by Banca Intesa Sanpaolo SpA & Anor v Comune Di Venezia [1914] AC 398 — Overruled by Banca Intesa Sanpaolo SpA & Anor v Comune Di Venezia [2017] A.C. 142 — Doubted by BV Nederlandse Industrie Van Eiprodukten v Rembrandt Enterprises, Inc. [1987] AC 396 — Disapproved by Blackbushe Airport Ltd v Hampshire County Council, R (On the Application of) & Ors [1999] 1 W.L.R. 92 — Doubted by Arnold White Estates Ltd. v The Forestry Commission [1999] 1 W.L.R. 1170 — Doubted by Arnold White Estates Ltd. v The Forestry Commission [2006] EWHC 3656 (Ch) — Disapproved by Mann & Ors v Transport for London [1925] P 20 — Doubted by Emma Mary Jane Villiers v Charles Alastair Hyde Villiers [2018] 1 WLR 643 — Disapproved by Global 100 Limited v Maria Laleva [2009] UKHL 14 — Doubted by Z & Aanor, R (On the Application Of) v London Borough of Hackney & Anor [2009] PTSR 632 — Doubted by Z & Aanor, R (On the Application Of) v London Borough of Hackney & Anor Plevin v Paragon Personal Finance Limited [2014] UKSC 61 — Overruled by Canada Square Operations Ltd v Potter [2014] 1 WLR 4222 — Overruled by Canada Square Operations Ltd v Potter [1977] AC 728 — Overruled by Herons Court, the Lessees And Management Company of v Heronslea Ltd & Ors [1972] 1 QB 373 — Overruled by Herons Court, the Lessees And Management Company of v Heronslea Ltd & Ors [2017] EWHC 537 (Ch) — Not followed by HH Aluminium & Building Products Ltd & Anor v Bell & Anor (Rev 1) [2018] EWHC 1405 (Ch) — Not followed by HH Aluminium & Building Products Ltd & Anor v Bell & Anor (Rev 1) [2003] EWCA Civ 1706 — Doubted by Oshin v The Royal Borough of Greenwich [1981] 1 WLR 505 — Doubted by FSHC Group Holdings Ltd v Glas Trust Corporation Ltd (Rev 1) [1990] Ch 1 — Not followed by FSHC Group Holdings Ltd v Glas Trust Corporation Ltd (Rev 1) [1995] ICR 991 — Doubted by Wisbey v Commissioner of the City of London Police & Anr [2020] EWCA Crim 575 — Overruled by Ideal Shopping Direct Limited & Ors. v Mastercard Incorporated & Ors.