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...
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...
Hallam and Nealon had their convictions quashed following fresh evidence but were refused compensation under section 133 of the Criminal Justice Act 1988 (as amended), which requires proof beyond reasonable doubt that the applicant did not commit the offence. The Supreme Court held, by majority, that this was compatible with...
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...
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...
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...
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...
A life prisoner successfully challenged a Parole Board decision refusing transfer to open conditions but was denied costs. The Supreme Court dismissed his appeal, holding that costs principles are matters of practice for the Court of Appeal, and the established Davies practice applied to the Board. Facts The appellant, Mr...
London Clubs Management provided free non-negotiable chips and vouchers to gamblers as promotions. The Supreme Court held these 'Non-Negs' were not 'stakes staked' with any value in money or money's worth for gaming duty purposes, dismissing HMRC's appeal. Facts London Clubs Management Ltd (LCM) operates casinos offering games such as...
Halliburton sought removal of an arbitrator, Mr Rokison QC, who accepted multiple appointments in related Deepwater Horizon arbitrations involving Chubb without disclosure to Halliburton. The Supreme Court held there is a legal duty of disclosure but dismissed the appeal on the facts. Facts Halliburton held a Bermuda Form liability policy...
UK-resident companies challenged the tax treatment of dividends from foreign subsidiaries as contrary to EU law, seeking restitution of tax paid under mistake of law dating back to 1973. The Supreme Court departed from Deutsche Morgan Grenfell on when limitation runs under section 32(1)(c) of the Limitation Act 1980. Facts...
Mr James Maughan was found hanged in his prison cell. At his inquest, the jury made narrative findings on the balance of probabilities that he intended to kill himself. The Supreme Court held that the civil standard applies to all short-form conclusions at inquests, including suicide and unlawful killing. Facts...
A property developer, Millgate, built 13 affordable housing units in cynical breach of a restrictive covenant benefiting a children's cancer hospice. The Supreme Court refused modification of the covenant under section 84 of the Law of Property Act 1925, dismissing the appeal. Facts The application land, near Maidenhead and in...
Servier sought to rely on findings from a General Court judgment annulling a Commission decision on market definition as binding in UK national damages proceedings. The Supreme Court dismissed the appeal, holding the EU principle of absolute res judicata did not apply outside the annulment context. Facts Servier developed and...
Ms Henderson, who suffers from paranoid schizophrenia, killed her mother during a psychotic episode and was convicted of manslaughter by diminished responsibility. She sued the NHS Trust for negligently failing to return her to hospital. The Supreme Court held her claim was barred by illegality. Facts The appellant, Ms Ecila...
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...
Mr Pathan, an Indian national working in the UK on a Tier 2 visa, applied for further leave to remain. Unknown to him, his sponsor's licence was revoked three months before his application was refused. The Supreme Court held the Secretary of State's failure to promptly notify him was procedurally...
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...
Highbury Poultry Farm Produce Ltd was charged under the WATOK Regulations 2015 after three chickens entered scalding tanks alive. The Supreme Court held that the offences, implementing an EU Regulation on animal welfare at slaughter, imposed strict liability and did not require proof of negligence or mens rea. Facts Highbury...
A Russian power plant was damaged by fire. The Russian insurer, subrogated to the owner's rights, sued Turkish contractor Enka in Russia despite an arbitration clause specifying London as the seat. The Supreme Court held English law governed the arbitration agreement and upheld an anti-suit injunction restraining the Russian proceedings....
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...
A developer leased part of a shopping centre to Dunnes Stores, covenanting not to allow competing large units elsewhere on the site. The developer's assignee later challenged the covenant as an unreasonable restraint of trade. The Supreme Court rejected the pre-existing freedom test, adopting the trading society test instead. Facts...
Mrs Staveley transferred her pension into a personal pension plan shortly before her death and omitted to take lifetime benefits, leaving death benefits to her sons. HMRC sought inheritance tax on both. The Supreme Court held only the omission, not the transfer, was chargeable. Facts Mrs Staveley, following an acrimonious...
Shagang sued HNA under a charterparty guarantee. HNA alleged the contract was procured by bribery, relying on confessions made to Chinese police. Shagang claimed the confessions were obtained by torture. The Supreme Court restored the trial judge's finding of no bribery. Facts Shagang Shipping Company Ltd (“Shagang”) chartered a capesize...
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...