‘The Department of Health and Social Care (DHSC) has set out its position on the determination of ordinary residence disputes in light of the outcome of a recent landmark Supreme Court ruling.’
Local Government Lawyer, 6th October 2023
Source: www.localgovernmentlawyer.co.uk
‘In FamilyMart Holding v Ting Chuan [2023] UKPC 33 delivered simultaneously with the decision in Republic of Mozambique v Credit Suisse International [2023] UKHL, Lord Hodge delivered two important judgments on how to define and identify the “matters” which give rise to stay of legal proceedings in favour of arbitration (in England under Section 9 Arbitration Act 1996) and certain other related issues. In doing so, these Courts have dropped the overly “granular” approach adopted by English Courts recently and opted for a more nuanced and analytical approach favoured by the Australian courts. The legal analysis in the two decisions is more or less identical.’
Wilberforce Chambers, 25th September 2023
Source: www.wilberforce.co.uk
‘The UK government’s plans to send asylum seekers to Rwanda had generated controversy even before the former home secretary Priti Patel signed a deal with the east African country in April last year sealing the deal. Ministers claimed the plan would deter people from making the dangerous journey across the Channel on small boats.’
The Guardian, 9th October 2023
Source: www.theguardian.com
‘The Scottish Government is presently seeking judicial review of the UK Government’s decision to block Royal Assent for the Gender Recognition Reform (Scotland) Bill (GRRB) using s.35 of the Scotland Act 1998 (SA). The Court of Session’s decision, which may yet end up before the UK Supreme Court on appeal, is eagerly awaited, not least given the electricity of political debates over gender recognition and its reform in Scotland and elsewhere.’
UK Constitutional Law Association, 5th October 2023
Source: ukconstitutionallaw.org
‘Many UK workers could be entitled to thousands of pounds “unfairly” deducted from their pay after a supreme court decision, according to unions.’
The Guardian, 4th October 2023
Source: www.theguardian.com
‘On 12th July 2023, the Supreme Court handed down its judgment in McCulloch and Others v Forth Valley Health Board [2023] UKSC 26, the first Supreme Court decision on the issue of informed consent since Montgomery v Lanarkshire Health Board [2015] UKSC 11.’
Parklane Plowden Chambers, 14th July 2023
Source: www.parklaneplowden.co.uk
‘The likely impact of the Supreme Court’s decision in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28.’
Gatehouse Chambers, 26th July 2023
Source: gatehouselaw.co.uk
‘Georgia Whiting and Chris Bryden of 4 King’s Bench Walk report on a Supreme Court ruling on a major oil spill.’
4KBW, 13th July 2023
Source: www.4kbw.co.uk
‘The Supreme Court’s decision in Paccar Inc and Ors v Road Haulage Association Limited and UK Claims Limited [2023] UKSC 28, handed down on 26 July 2023, has overturned the Divisional Court’s decision, and gone against conventional wisdom in the industry, to hold that Litigation Funding Agreements (“LFAs”) are (or at least can be) Damages-Based Agreements (“DBAs”).’
4 New Square, 26th July 2023
Source: www.4newsquare.com
‘Maguire [2023] UKSC 20 is the most recent, and highest, authority on the engagement of Article 2 ECHR in inquests. The Supreme Court’s judgment ties together the Maguire and Morahan authorities (both of which had previously reached the Court of Appeal). It runs to 77 pages, with a leading judgment from Lord Sales, and a concurrence from Lord Stephens.’
Doughty Street Chambers, 7th July 2023
Source: insights.doughtystreet.co.uk
‘A new ruling by the UK Supreme Court, coupled with another recent judgment, will support trustees in bankruptcy in carrying out their duties free from undue interference, an insolvency law expert has said.’
OUT-LAW.com, 10th August 2023
Source: www.pinsentmasons.com
‘The Supreme Court has allowed an appeal by the Secretary of State for Transport over the way in which compensation is calculated for land compulsory purchased for Birmingham’s Curzon Street HS2 station.’
Local Government Lawyer, 10th August 2023
Source: www.localgovernmentlawyer.co.uk
‘In one of the first major decisions on vicarious liability since Barclays Bank and Morrisons, the Supreme Court has provided clarity on the limits of the doctrine.’
Guildhall Chambers, 17th July 2023
Source: www.guildhallchambers.co.uk
‘In a unanimous judgment, the Supreme Court in R (on the application of Marouf) (Appellant) v Secretary of State for the Home Department (Respondent) [2023] UKSC 23 has determined that the public sector equality duty (“PSED”) does not have extra-territorial effect.’
Cloisters, 14th July 2023
Source: www.cloisters.com
‘What is the correct legal test to be applied to the assessment as to whether an alternative treatment is reasonable and requires to be discussed with the patient?’
Old Square Chambers, 18th July 2023
Source: oldsquare.co.uk
‘The advent of the Human Rights Act 1998, and the incorporation into domestic law of the Article 2 right to life, has transformed coronial investigations and inquests over the last two decades. Lord Bingham’s magisterial creation of the ‘enhanced’ investigation and conclusion in R (Middleton) v West Somerset Coroner [2004] UKHL 10, [2004] 2 AC 182 (later adopted by Parliament) gave coroners greater responsibility to hold the state to account for deaths. That, in turn, has significantly improved the ways in which all inquests are conducted, not just those where Article 2 is found to be engaged. Inquests are no longer haphazard affairs. They are (ordinarily) carefully planned and structured processes; and their participants, the ‘interested persons’, are far more involved in assisting coroners with the task of identifying the proper scope of their investigations and the lawful ambit of their conclusions.’
QMLR, 18th July 2023
Source: 1corqmlr.com
‘A landmark UK Supreme Court ruling on third-party litigation funding rules poses challenges for existing and future collective proceedings, according to two legal experts.’
OUT-LAW.com, 28th July 2023
Source: www.pinsentmasons.com
‘Litigation funders will have to redraft the terms of their agreements following a widely awaited ruling by the Supreme Court this morning. In PACCAR Inc & Ors v Competition Appeal Tribunal & Ors, four out of five justices ruled that such agreements fall within the statutory definition of damages-based agreements (DBAs). As they had been entered in to without satisfying conditions for DBAs, they were therefore unenforceable.’
Law Society's Gazette, 26th July 2023
Source: www.lawgazette.co.uk
‘Agreements with third-party litigation funders are damages-based agreements (DBAs), the Supreme Court said today in a ruling likely to invalidate almost all existing arrangements.’
Legal Futures, 26th July 2023
Source: www.legalfutures.co.uk
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