Case summaries

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Northern Ireland devolution issues, A Reference by the Attorney General (Northern Ireland) [2020] UKSC 2

The Attorney General for Northern Ireland sought to refer a devolution issue concerning whether the Department for Communities' provision of postcode lists to implement Universal Credit breached ECHR rights. The Supreme Court refused to accept the reference, finding the act too remote from the alleged incompatibility. Facts The Attorney General...

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HM Attorney General v Crosland [2021] UKSC 58

Timothy Crosland, a barrister and director of Plan B Earth, deliberately breached an embargo on a Supreme Court judgment concerning Heathrow Airport expansion to publicise climate change concerns. The court found him in contempt, imposed a £5,000 fine and £15,000 costs. His appeal was dismissed, with the majority confirming jurisdiction...

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Maduro Board of the Central Bank of Venezuela v Guaido Board of the Central Bank of Venezuela [2021] UKSC 57

Dispute over control of Venezuelan Central Bank assets in England between boards appointed by rival claimants to Venezuela's presidency. The Supreme Court held that HMG's recognition of Guaidó as interim President was conclusive under the one voice principle, and that foreign act of state doctrine prevented questioning executive appointments, subject...

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R (on the application of Association of Independent Meat Suppliers & Anor) v Food Standards Agency [2021] UKSC 54

A slaughterhouse challenged the Food Standards Agency's refusal to use section 9 Food Safety Act 1990 procedure after an Official Veterinarian declared a carcass unfit for human consumption. The Supreme Court, following CJEU guidance, held section 9 incompatible with EU food safety regulations, and judicial review provides sufficient remedy. Facts...

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Eweida and others v the United Kingdom (applications nos. 48420/10, 59842/10, 51671/10 and 36516/10)

Four British Christians claimed workplace discrimination for manifesting their faith. Eweida was barred from wearing a visible cross at British Airways; Chaplin from wearing one as a nurse; Ladele refused to register civil partnerships; McFarlane refused to counsel same-sex couples. The Court found violation only for Eweida, holding her employer...

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Sullivan v Isle of Wight Council [2025] EWCA Civ 379

Phyllis Sullivan, a job applicant who was unsuccessful in applications to the Council, claimed detriment for making a protected disclosure to her MP about alleged financial irregularities. The Court held that employment legislation protecting workers and NHS job applicants who make protected disclosures, but not job applicants generally, is compatible...

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Jones v Kernott [2011] UKSC 53

An unmarried couple jointly purchased a family home. After separation, Mr Kernott left and stopped contributing to the property while Ms Jones remained with the children and paid all expenses. The Supreme Court held that the parties' beneficial interests had changed over time, awarding Ms Jones 90% and Mr Kernott...

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Stack v Dowden [2007] UKHL 17

An unmarried cohabiting couple purchased a home in joint names without declaring their beneficial interests. When the relationship ended after 18 years and four children, the House of Lords held that joint legal ownership creates a presumption of equal beneficial ownership, but this was rebutted by evidence of their rigidly...

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Banks v Goodfellow (1870) LR 5 QB 549

Banks v Goodfellow is the seminal English authority on testamentary capacity, establishing the common law test that, over 150 years later, still governs whether a testator has sufficient mental capacity to make a valid will. The Court of Queen’s Bench, in a judgment delivered by Cockburn C.J., held that a...

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A Local Authority v JB [2021] UKSC 52

JB, a 38-year-old man with autism and brain damage, sought to engage in sexual relations but lacked understanding that sexual partners must consent throughout. The Supreme Court held that capacity to decide to engage in sexual relations under the Mental Capacity Act 2005 requires understanding that the other person must...

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Kostal UK Ltd v Dunkley & Ors [2021] UKSC 47

Employer made direct pay offers to union members during ongoing collective bargaining negotiations, bypassing the agreed procedures with Unite. The Supreme Court held this contravened section 145B of the Trade Union and Labour Relations (Consolidation) Act 1992, as offers made before exhausting collective bargaining procedures achieve the 'prohibited result' when...

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FS Cairo (Nile Plaza) LLC v Brownlie [2021] UKSC 45

Lady Brownlie sought damages after a road accident in Egypt killed her husband and injured her. The Supreme Court considered whether tort claims could be served on an Egyptian hotel operator, interpreting the jurisdictional gateway requiring damage sustained within England. The majority held continuing pain and financial loss in England...

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Ho v Adelekun [2021] UKSC 43

Ms Adelekun suffered personal injury in a road traffic accident and settled her claim against Ms Ho. A costs dispute arose over whether the defendant could set off costs owed to her against costs she owed the claimant under the QOCS scheme. The Supreme Court held that set-off constitutes enforcement...

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References (Bills) by the Attorney General and the Advocate General for Scotland (Scotland) [2021] UKSC 42

The UK Supreme Court held that several provisions of the Scottish Parliament's UNCRC and ECLSG Incorporation Bills exceeded legislative competence by modifying section 28(7) of the Scotland Act 1998, which preserves Westminster's unqualified power to legislate for Scotland. The Bills attempted to subject UK Parliament Acts to judicial interpretation and...

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R (on the application of TN (Vietnam)) v Secretary of State for the Home Department & Anor [2021] UKSC 41

TN, a Vietnamese asylum seeker, challenged the First-tier Tribunal's rejection of her asylum claim under the Fast Track Rules 2005, arguing the rules' systemic unfairness automatically nullified decisions made under them. The Supreme Court held that systemic unfairness in procedural rules does not automatically invalidate individual decisions; claimants must demonstrate...

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Tinkler v Revenue and Customs [2021] UKSC 39

HMRC opened a tax enquiry but sent the notice to Mr Tinkler's old address. His tax advisers BDO acknowledged the enquiry and corresponded with HMRC. Years later, Tinkler argued the enquiry was invalid. The Supreme Court held Tinkler was estopped by convention from denying the enquiry's validity. Facts Mr Tinkler...