‘In Menzies v Oakwood Solicitors [2024] UKSC 34, the Supreme Court considered the meaning of payment for the purposes of section 70(4) of the Solicitors Act 1974 (SA 1974).’
Gatehouse Chambers, 20th December 2024
Source: gatehouselaw.co.uk
‘The Supreme Court will hear the appeal in R (Jwanczuk) v Secretary of State for Work and Pensions (UKSC/2023/0152) on 11 and 12 March 2025. One of the issues is the circumstances in which courts in England and Wales may depart from decisions of appellate courts in Northern Ireland and Scotland regarding laws of inter-jurisdictional operation (that is, laws passed by the Westminster Parliament that apply throughout the UK, or where identical or materially similar laws have been enacted in multiple jurisdictions). On one hand, the classical exposition of stare decisis is that it operates vertically, such that decisions by extra-hierarchical courts are never binding. But if stare decisis is concerned with predictability and enabling the public to legitimately rely on past decisions in carrying out their affairs, those aspirations would not be met if the same provisions were given two different meanings depending on whether one is north or south of the Tweed (or if one is to the east or west of the Irish Sea in Great Britain or Northern Ireland).’
UK Constitutional Law Association, 22nd January 2025
Source: ukconstitutionallaw.org
‘It is a well-understood principle that a judicial review court traditionally forbears from granting coercive orders against public authorities on grounds of mutual institutional trust, and constitutional reasons relating to the separation of powers. This is particularly so in the case of mandatory orders: whilst section 31(1) of the Senior Courts Act 1981 allows judges to grant such orders, when doing so they take the underlying decision out of the hands out of the public authority which has the democratic imprimatur to take such a decision. There has therefore, traditionally, been a particular reticence to grant mandatory orders in judicial review cases.’
UK Constitutional Law Association, 16th January 2025
Source: ukconstitutionallaw.org
‘The Supreme Court decision in A1 Properties (Sunderland) Ltd v Tudor Studios RTM Co Ltd [2024] UKSC 27 may be one of the most significant property law decisions of this year. In summary, the Supreme Court held that the failure to serve a claim notice on an intermediate landlord of communal areas did not invalidate an RTM claim in circumstances where that party could still present its arguments opposing the right to manage.’
Gatehouse Chambers, 6th December 2024
Source: gatehouselaw.co.uk
‘The number of new claims issued in the Commercial Court last year fell to the lowest figure in over a decade, new research has revealed.’
Legal Futures, 10th January 2024
Source: www.legalfutures.co.uk
‘Jack Pankhurst of our Commercial team provides a case summary of the Supreme Court judgment in Frenkel v LA Micro Group (UK) Ltd and others [2024] UKSC 42, which was handed down on 11 December 2024.’
St John's Chambers, 18th December 2024
Source: www.stjohnschambers.co.uk
‘In this important recent decision the Supreme Court has found that in respect of an established nuisance, even where there were available to the claimant alternative private law remedies (nuisance and private prosecution) these did not oust an application for judicial review against the public authority in respect of an allegedly unlawful failure to exercise regulatory powers.’
Henderson Chambers, 5th November 2024
Source: www.hendersonchambers.co.uk
‘The supreme court has granted permission for two car lenders to appeal against a landmark ruling on motor finance commission payments that has left firms fearing a potential £30bn compensation bill.’
The Guardian, 11th December 2024
Source: www.theguardian.com
‘Commercially important questions concerning the degree to which software, including artificial intelligence (AI) systems, can be patented, are to be considered by the UK’s highest court in what will be the second important AI patent case to come before it.’
OUTLAW.com, 3rd December 2024
Source: www.pinsentmasons.com
‘The former president of the supreme court who ruled on the most high-profile assisted dying cases has declared his support for the law change, as MPs backing the bill say they believe they have the numbers for Friday’s historic vote to pass.’
The Guardian, 27th November 2024
Source: www.theguardian.com
‘Judges at the Supreme Court are to consider how women are defined in law in a landmark case brought by Scottish campaigners. It is the culmination of a long-running legal dispute which started with a relatively niche piece of legislation at the Scottish Parliament, but which could have big UK-wide implications.’
BBC News, 25th November 2024
Source: www.bbc.co.uk
‘Ten years on from Cheshire West [2014] UKSC 19 (covered on this blog at the time), the seminal decision on deprivation of liberty by the Supreme Court, the Family Court faces an ever-increasing number of applications for deprivation of liberty orders for children. Two recent decisions from Mrs Justice Lieven, Peterborough City Council v SM [2024] EWHC 493 (Fam) and Re J [2024] EWHC 1690 (Fam), could curb this trend. But while these decisions emanate from the Family Court, their reasoning may be of broader interest and could prompt wider questions about Article 5 ECHR and what constitutes a deprivation of liberty.’
UK Human Rights Blog, 22nd November 2024
Source: ukhumanrightsblog.com
‘Benjamin Seifert of 1 Crown Office Row joins Lucy McCann to introduce our listeners to extradition law: the statutory framework that governs extradition, the procedure, the types of challenges raised when resisting extradition and recent developments in extradition law in the UK Supreme Court.’
Law Pod UK, 22nd November 2024
Source: audioboom.com
‘Judgment in Sky trade mark saga clarifies both the law on bad faith registrations and the Supreme Court’s own remit. Brand owners must beware obtaining marks they have no intention of using.’
Law Society's Gazette, 17th November 2024
Source: www.lawgazette.co.uk
‘In their co-authored judgment, Lord Sales and Dame Siobhan Keegan provide a rich analysis of how the courts should consider the welfare of children in an immigration context. In doing so, they clarify the meaning and effect of Section 55 of the Borders, Citizenship and Immigration Act 2009 (“Section 55”) and its interaction with Article 8 of the European Convention on Human Rights (“Article 8”). The judgment provides a guide for how the appellate courts should assess decision-making by the Secretary of State, her officials, and the First-tier Tribunal.’
UK Human Rights Blog, 15th November 2024
Source: ukhumanrightsblog.com
‘In National Union of Rail, Maritime and Transport Workers v Tyne and Wear Passenger Transport Executive T/A Nexus [2024] UKSC 37, the Supreme Court has handed down an important judgment on the scope of rectification, holding that a collective bargaining agreement can be rectified even though it is not a legally enforceable contract. Of greater relevance for pensions lawyers is the decision that the Employment Tribunal, whilst it does not have the power to make a rectification order, can nevertheless treat a document as having been rectified on the basis of the principle that “equity can treat as done that which ought to have been done”. This has potentially wide-ranging consequences for other statutory tribunals, including the FTT and the Pensions Ombudsman.’
Pensions Barrister, 14th November 2024
Source: www.pensionsbarrister.com
‘The Financial Conduct Authority (FCA) is to ask the Supreme Court to make a quick decision on whether it will hear the appeal against the recent decision on car finance mis-selling.’
Legal Futures, 14th November 2024
Source: www.legalfutures.co.uk
‘John-Paul Swoboda examines liability for omissions in the police negligence case of Tindall v Chief Constable of Thames Valley Police [2024] UKSC 33.’
12 King’s Bench Walk, 6th November 2024
Source: www.12kbw.co.uk
‘Businesses must be specific about the goods and services they wish to obtain trade mark rights for when applying for those rights, if they want to avoid those applications being refused, according to a new ruling by the UK’s highest court.’
OUT-LAW.com, 13th November 2024
Source: www.pinsentmasons.com
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