‘A new ruling by the UK Supreme Court confirms that creditors can obtain remedies if transactions entered into at an undervalue have the purpose and effect of prejudicing claims the creditors have against the debtor – even if the debtor has not personally agreed those transactions.’
OUT-LAW.com, 20th February 2025
Source: www.pinsentmasons.com
‘A Supreme Court judgment centred on the construction of section 423 of the Insolvency Act 1986, which provides remedies to creditors where a debtor takes steps to defeat or prejudice their claims, “should be welcomed by all creditors”, solicitors say.’
Law Society's Gazette, 20th February 2025
Source: www.lawgazette.co.uk
‘What do the changes to the statutory guidance on subsidy control mean for public authorities? Alexander Rose and Jonathan Branton explain.’
Local Government Lawyer, 14th February 2025
Source: www.localgovernmentlawyer.co.uk
‘The extradition to the US of a man accused of insider trading has been quashed by the Supreme Court in a “landmark judgment” after the court itself granted permission to appeal.The appeal centred on the definition of an “extradition offence” and the operation of the double criminality rule in section 137 of the Extradition Act 2003.’
Law Society's Gazette, 13th February 2025
Source: www.lawgazette.co.uk
‘The UK Supreme Court (UKSC) is poised to deliver its judgment in For Women Scotland v The Scottish Ministers, examining whether “woman” under the Equality Act 2010 (EA) includes trans women with a Gender Recognition Certificate (GRC) issued under the Gender Recognition Act 2004 (GRA). This blog discusses why GRC holders should not be excluded from the EA’s sex discrimination protections.’
Oxford Human Rights Hub, 30th January 2025
Source: ohrh.law.ox.ac.uk
‘A recent High Court of England and Wales decision highlights the speed at which the law is continuing to evolve and must continue to, so that it can properly deal with digital assets such as cryptocurrency, an expert has said.’
OUT-LAW.com, 13th January 2025
Source: www.pinsentmasons.com
‘Martyna Switaj v Adrian McClenaghan (2024) EWCA Civ 1457. The Court of Appeal on the status of a fee related to a tenancy taken before the Tenant Fees Act 2019 came into force on 1 June 2019 and the impact on the validity of a section 21 notice.’
Nearly Legal, 1st December 2024
Source: nearlylegal.co.uk
Lord Sales – Purpose in Statutory Interpretation, Oxford University and University of Notre Dame Seminar on Public Law Theory, 19 September 2024
Supreme Court, 19th September 2024
Source: www.supremecourt.uk
‘The Land Registration Act 2002 was thought to have killed off adverse possession as an active legal mechanism, but the recent case of Brown v Ridley has reopened the debate. The central issue: when is the 10-year period during which the applicant must have a reasonable belief to satisfy paragraph 5(4) of schedule 6? This is one of the three conditions which an applicant must satisfy if the registered title owner objects to the application for adverse possession.’
Law Society's Gazette, 2nd October 2024
Source: www.lawgazette.co.uk
‘Today [16 August], the Supreme Court has handed down a significant judgment in the second ever “leapfrog” appeal from the Upper Tribunal: A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd [2024] UKSC 27. The appeal concerns an issue of statutory interpretation that frequently arises across all areas of the law: where a statute lays down a procedural framework for exercising a statutory right, but is silent as to the consequences of a failure to comply with that framework, how should the court ascertain what Parliament intended should follow from the non-compliance?’
Landmark Chambers, 16th August 2024
Source: landmarkchambers.co.uk
‘Pensions analysis: In a landmark ruling, dismissing the appeal brought by Virgin Media Ltd (Virgin) against the first instance decision of Mrs Justice Bacon, the Court of Appeal held that the term ‘section 9(2B) rights’ in regulation 42(2) of the Occupational Pension Schemes (Contracting-out) Regulations 1996 (the Contracting-out Regulations), as in force from 6 April 1997 to 5 April 2013, included pension rights earned by both past and future service. The judgment potentially has very significant implications for occupational pension schemes that were contracted out of the Additional State Pension on the salary-related basis under section 9(2B) of the Pension Schemes Act 1993 (PSA 1993) : absent actuarial confirmation as required by PSA 1993, s 37, it now appears certain historical alterations to members’ future (as well as past) service rights under such schemes will be void. Important practical issues concerning the nature and scope of the required actuarial confirmation, however, remain unresolved. Written by Henry Day, barrister at Radcliffe Chambers.’
Radcliffe Chambers, 19th August 2024
Source: radcliffechambers.com
‘In G v S (Family Law Act 1996: Publicity) [2024] EWFC 231 (B) (6 June 2024) HHJ Reardon asked:
“What is the default position in terms of publication in a case where s 12 [of the Administration of Justice Act 1969] does not apply?”’
Financial Remedies Journal, 1st September 2024
Source: financialremediesjournal.com
‘Leon Glenister reports on a successful defence to a judicial review challenging the established interpretation of teaching regulation legislation.’
Local Government Lawyer, 19th August 2024
Source: www.localgovernmentlawyer.co.uk
‘In an important recent judgment, the UK Supreme Court has rewritten the post-Brexit rules on application of EU case law in the UK courts, so that they apply retrospectively in proceedings in respect of pre-Brexit events.’
OUT-LAW.com, 29th July 2024
Source: www.pinsentmasons.com
‘I recently acted in the High Court appeal in Wetherell v Student Loans Company Ltd [2024] EWHC 1443 (KB) which raises some interesting questions about the personal injury landscape after the Enterprise and Regulatory Reform Act 2013.’
Ropewalk Personal Injury Blog, 10th July 2024
Source: ropewalk.co.uk
‘The Court of Appeal has clarified the meaning of “antisocial behaviour” for the purposes of Anti-Social Behaviour, Crime and Policing Act 2014. Sian McGibbon examines the ruling.’
Local Government Lawyer, 21st June 2024
Source: www.localgovernmentlawyer.co.uk
‘In extradition proceedings, questions may arise relating to the requested person’s purported deliberate absence from a criminal trial. In March, the UK Supreme Court (UKSC) handed down two decisions which clarify important tests to be met in these circumstances.’
Law Society's Gazette, 14th June 2024
Source: www.lawgazette.co.uk
‘In Black Horse Limited v Andrew Curtis (Bristol CC, 21 February 2024), HHJ Railton heard an appeal in relation to a novel point under the Consumer Rights Act 2015 (the Act).’
Littleton Chambers, 23rd May 2024
Source: littletonchambers.com
‘A man who sold goods in the streets of Birmingham did not break the law as he was protected under an 1871 act by being a pedlar, the High Court has found.’
Local Government Lawyer, 12th June 2024
Source: www.localgovernmentlawyer.co.uk
‘Throughout the life of devolution, the courts appear to have diverged on how to properly determine the scope and limits of devolved lawmaking power, and the extent to which norms and principles not expressly contained in the text of the devolution statutes can usefully sculpt or inform those statutes’ interpretation.’
UK Constitutional Law Association, 28th May 2024
Source: ukconstitutionallaw.org
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