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SC, CB and 8 children, R (on the application of) v Secretary of State for Work and Pensions & Ors [2021] UKSC 26

Appellants challenged the 'two-child limit' on child tax credit as incompatible with the European Convention on Human Rights. The Supreme Court unanimously dismissed the appeal, holding that the limitation pursued legitimate aims of reducing public expenditure and ensuring fairness, and was proportionate despite its greater impact on women and larger...

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Fylde Coast Farms Ltd, R (on the application of) v Fylde Borough Council [2021] UKSC 18

Fylde Coast Farms challenged a neighbourhood development plan, arguing the council unlawfully rejected an examiner's recommendation. The challenge was filed within time to contest the plan's making but outside the time limit for challenging the council's earlier decision. The Supreme Court held section 61N restricts, rather than creates, challenge rights,...

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Revenue and Customs v Tooth [2021] UKSC 17

Mr Tooth used a tax avoidance scheme and completed his self-assessment return by entering an employment-related loss in a partnership box due to software limitations, with full explanations provided. HMRC sought to issue a discovery assessment claiming deliberate inaccuracy. The Supreme Court held there was no deliberate inaccuracy as the...

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Asda Stores Ltd v Brierley & Ors [2021] UKSC 10

Female retail employees at Asda brought equal pay claims comparing their pay to predominantly male distribution depot workers. The Supreme Court held they could use depot workers as comparators despite working at different establishments, as the 'common terms' requirement was satisfied through the North hypothetical test. This clarifies the threshold...

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G v G [2021] UKSC 9

A mother wrongfully removed her child from South Africa to England and claimed asylum, naming the child as a dependant. The Supreme Court considered the interplay between the 1980 Hague Convention on child abduction and asylum law, holding that a child named as a dependant on a parent's asylum application...

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Uber BV & Ors v Aslam & Ors [2021] UKSC 5

Uber drivers claimed they were 'workers' entitled to minimum wage and paid leave. Uber argued drivers were self-employed contractors working for passengers. The Supreme Court unanimously held drivers were workers employed by Uber London, emphasising the need to look beyond contractual terms to the reality of the working relationship and...

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The Financial Conduct Authority & Ors v Arch Insurance (UK) Ltd & Ors [2021] UKSC 1

The FCA brought a test case concerning whether business interruption insurance policies covered losses caused by COVID-19 and government restrictions. The Supreme Court held that disease clauses, hybrid clauses, and prevention of access clauses did provide cover, and that trends clauses should not reduce indemnities for pandemic-related concurrent causes. Facts...