Few Cases

In our long history of helping people and businesses, we’ve accumulated a 98% of positive verdicts rate, which beats any of our local competitor’s margins by double digits...

Case ID: UKSC 2018/0062

The freehold owner of land in Londonderry, wished to develop a shopping centre on the land. On 2 February 1981 he granted a 999-year lease of part of the land to the appellant. The lease contained a restrictive covenant that any development on the remaining land would not contain a large unit for the purpose of trading in textiles, provisions or groceries. In 1983 Mr Shortall transferred the freehold and his interest in the lease to the respondent. In 2010 the respondent issued proceedings for, amongst other matters, a declaration that the restrictive covenant was unenforceable as an unreasonable restraint of trade

Result: Victory
Case ID: UKSC 2018/0200

On 25 August 2010, the Appellant, who had previously been diagnosed as suffering from paranoid schizophrenia or schizoaffective disorder, stabbed her mother to death whilst expiring a serious psychotic episode. It is common ground between the parties that this would not have happened but for the Respondent’s breaches of duty in failing to respond in an appropriate way to the Appellant’s deteriorating mental health at the time. The Appellant pleaded guilty to manslaughter by reason of diminished responsibility and has been subject to a hospital order under section 37 of the Mental Health Act 1983 and detention pursuant to section 41 of the same Act ever since.

Result: Victory
Case ID: UKSC 2019/0039

The case concerns equal pay claims brought by supermarket employees of **** ("Appellant"), nearly all women ("Respondents"). They are claiming equal pay with comparators employed in the distribution depots, jobs done overwhelmingly by men. A preliminary hearing took place in the Employment Tribunal to determine whether the Respondents are entitled to compare themselves for equal pay purposes with employees working in the Appellant's distribution operations. The Employment Tribunal allowed the claims to proceed on this basis. The Employment Appeals Tribunal and the Court of Appeal dismissed the Appellant’s appeals. The Appellant now appeals to the Supreme Court.

Result: Victory
Case ID: UKSC 2018/0234

The Council has registered part of the Port of Mistley, owned by TWL, as a Town or Village Green. By the Commons Act 2006, land is registrable as a town or village green if it is land on which significant number of the inhabitants of any locality… have indulged as of right in lawful sports and pastimes on the land for a period of at least 20 years… . TWL challenges the registration, arguing that its effect would be to criminalise many of its activities in operating the Port.

Result: Victory
Case ID: UKSC 2018/0192

This is the lead case under the Franked Investment Income ("FII") Group Litigation Order ("GLO"). The respondents are the Test Claimants, whose claims concern corporation tax paid by UK resident parent companies on dividends received from their foreign subsidiaries and advance corporation tax ("ACT") typically paid by the group’s ultimate parent on dividends distributed to their shareholders, under the regime in force until 5th April 1999. The Test Claimants contend that the relevant United Kingdom tax provisions were contrary to Article 43 EC (now Article 49 TFEU) on freedom of establishment and/or Article 56 EC (now Article 63 TFEU) on free movement of capital.

Result: Victory
Case ID: UKSC 2018/0161

Whether home workers who are required to remain at home in their shift and/or residential care kers who ‘sleep in’ are entitled to the national minimum wage for time that is not spent actually performing some specific activity.In the first appeal ("Mencap Appeal"), Royal Mencap Society ("Mencap") provides care and support for vulnerable adults under a contract with a local authority. Mrs Tomlinson-Blake is a highly qualified and extensively trained care support worker employed by Mencap since 2004. She provides care and support to two men, each in a private property. They both have autism and substantial learning difficulties.

Result: Victory