Case summaries

Lady justice with law books

Wells v Devani [2019] UKSC 4

An estate agent orally agreed commission terms with a vendor but never specified the triggering event for payment. The Supreme Court held a binding contract existed, with payment due on completion, and upheld partial enforcement despite breach of section 18 of the Estate Agents Act 1979. Facts Mr Wells, having...

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Gallagher for Judicial Review (NI) [2019] UKSC 3

Four individuals with minor or historic convictions, cautions or reprimands challenged statutory schemes requiring disclosure of their criminal records to potential employers as incompatible with Article 8 ECHR. The Supreme Court upheld the schemes broadly, but found the multiple conviction rule and disclosure of youth warnings/reprimands disproportionate. Facts The case...

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Northern Ireland of devolution issues, Reference by the Attorney General for (Northern Ireland) [2019] UKSC 1

The Attorney General for Northern Ireland referred five questions about the functioning of Northern Ireland departments in the absence of ministers. The Supreme Court adjourned the reference, holding that the issues should be determined against a clear factual matrix in pending interconnector litigation. Facts The Attorney General for Northern Ireland...

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Robinson (Jamaica) v Secretary of State for the Home Department [2020] UKSC 53

A Jamaican mother of a British child challenged her deportation, arguing her derivative Zambrano right of residence meant she could only be deported in 'exceptional circumstances'. The Supreme Court dismissed her appeal, holding no additional exceptionality hurdle applies beyond the established proportionality test. Facts The appellant, a Jamaican national born...

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Friends of the Earth Ltd & Ors, R (on the application of) v Heathrow Airport Ltd [2020] UKSC 52

The Supreme Court unanimously allowed Heathrow Airport Ltd's appeal, overturning the Court of Appeal and holding that the Secretary of State lawfully designated the Airports National Policy Statement supporting a third runway at Heathrow, having adequately considered climate change obligations including the Paris Agreement. Facts Following recommendations from the Airports...

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Mastercard Incorporated & Ors v Merricks [2020] UKSC 51

Walter Merricks sought to bring collective proceedings against Mastercard on behalf of 46.2 million UK consumers, alleging unlawful interchange fees were passed on through higher retail prices. The Supreme Court dismissed Mastercard's appeal, holding the Competition Appeal Tribunal had applied too strict a certification test. Facts Following a 2007 European...

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Stoffel & Co v Grondona [2020] UKSC 42

Ms Grondona participated in a mortgage fraud to obtain finance for Mr Mitchell, using solicitors Stoffel & Co who negligently failed to register the property transfer. The Supreme Court held the illegality defence did not bar her negligence claim against the solicitors, applying the Patel v Mirza approach. Facts The...

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Z & Anor, R (on the application of) v Hackney London Borough Council & Anor (Rev 1) [2020] UKSC 40

A single mother with four children, including two autistic sons, challenged a Jewish housing association's policy of allocating social housing primarily to Orthodox Jews. The Supreme Court unanimously dismissed her appeal, finding the policy was proportionate positive action lawful under the Equality Act 2010. Facts Agudas Israel Housing Association Ltd...

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Unwired Planet International Ltd & Anor v Huawei Technologies (UK) Co Ltd & Anor [2020] UKSC 37

The UK Supreme Court held that English courts have jurisdiction to determine global FRAND licence terms for Standard Essential Patents and grant injunctions restraining UK patent infringement unless implementers accept such licences. The appeals by Huawei and ZTE against Unwired Planet and Conversant were dismissed. Facts These conjoined appeals concerned...

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Lehtimaki & Ors v Cooper (Rev 1) [2020] UKSC 33

Following marital breakdown between CIFF's founders, trustees agreed a $360m grant to resolve governance issues. The Supreme Court held that members of charitable companies owe fiduciary duties to the charity's purposes and directed the sole unconflicted member to vote in favour of the grant. Facts The Children’s Investment Fund Foundation...