Supreme Court – Page 12 – Current Awareness

Supreme Court to hear case on environmental impact assessments and downstream greenhouse gas emissions next week – Local Government Lawyer

Posted June 14th, 2023 in appeals, environmental health, environmental protection, local government, news, planning, Supreme Court by sally

‘The Supreme Court will next week (21-22 June) hear a case brought against Surrey County Council over whether the local authority acted unlawfully by not requiring an impact assessment of a proposed oil well’s impact on downstream greenhouse gas (GHG) emissions before granting planning permission.’

Local Government Lawyer, 13th June 2023

Source: www.localgovernmentlawyer.co.uk

Supreme Court will not hear appeal on largest-ever group action – Legal Futures

Posted June 12th, 2023 in appeals, case management, class actions, environmental protection, news, pollution, Supreme Court by sally

‘The Supreme Court has refused mining giant BHP permission to appeal the Court of Appeal’s decision allowing the largest group action ever to go ahead.’

Legal Futures, 12th June 2023

Source: www.legalfutures.co.uk

Lord Sales, The Developing Jurisprudence of the Supreme Court on Convention Rights – Supreme Court

Posted June 8th, 2023 in human rights, speeches, statutory interpretation, Supreme Court, treaties by sally

‘Lord Sales: The Developing Jurisprudence of the Supreme Court on Convention Rights’

Supreme Court, 5th June 2023

Source: www.supremecourt.uk

Supreme Court refuses to hear claim that council should have conducted Habitat Regulations Assessment before green-lighting farm expansion – Local Government Lawyer

Posted June 2nd, 2023 in appeals, environmental health, environmental protection, judicial review, local government, news, planning, Supreme Court by sally

‘The Supreme Court has refused to hear a case that alleged Herefordshire Council failed to carry out the proper habitat regulations assessments before giving planning permission for farm buildings bordering the River Wye catchment area.’

Local Government Lawyer, 2nd June 2023

Source: www.localgovernmentlawyer.co.uk

Key issues in land disposal – Local Government Lawyer

Posted May 26th, 2023 in appeals, local government, news, planning, Supreme Court by sally

‘When local authorities dispose of land, there are several important legal issues for them to consider. A recent case considered by the Supreme Court showed the importance of considering one such issue – the duties associated with disposing of land consisting of open space, write Paul Hilsdon and Matthew Holtam.’

Local Government Lawyer, 26th May 2023

Source: www.localgovernmentlawyer.co.uk

New Judgment: Commissioners for His Majesty’s Revenue and Customs v SSE Generation Ltd [2023] UKSC 17 – UKSC Blog

Posted May 18th, 2023 in corporation tax, energy, news, statutory interpretation, Supreme Court, water by sally

‘SSE Generation Ltd, the respondent, claimed capital allowances on expenditure incurred when constructing a hydro-electric power station at Glendoe, Fort Augustus in Scotland. Such allowances may be deducted from income for the purpose of calculating a company’s trading profits subject to corporation tax. Commissioners for His Majesty’s Revenue and Customs (“HMRC”) disputed certain allowances claimed by SSE for tax years 31 March 2006 to 31 March 2012 on the basis that in their view certain relevant assets did not give rise to allowable expenditure under the Capital Allowances Act 2001 (the “Act”).’

UKSC Blog, 17th May 2023

Source: ukscblog.com

UK Supreme Court clarifies law on ‘continuing nuisance’ – OUT-LAW.com

Posted May 17th, 2023 in appeals, environmental health, news, nuisance, Supreme Court, time limits by sally

‘A ruling by the UK Supreme Court provides some clarifications on when the law of nuisance can be relied upon for raising environmental claims, but it has also left open some important questions, experts have said.’

OUT-LAW.com, 16th May 2023

Source: www.pinsentmasons.com

The scope of vicarious liability – Law Society’s Gazette

Posted May 16th, 2023 in negligence, news, rape, Supreme Court, vicarious liability by sally

‘The claimant was a member of the defendant’s church. She and her husband had formed a close friendship with an elder in the church. During a visit to the elder’s house in 1990, the elder raped the claimant while they were together in a room. She reported the crime to the police in 2014 and her assailant was convicted and imprisoned. She then brought a claim against the defendant alleging that it was vicariously liable for the elder’s attack on her. At first instance, the trial judge held that the defendant was vicariously liable and that decision was upheld by the Court of Appeal. The defendant then appealed to the Supreme Court.’

Law Society's Gazette, 12th May 2023

Source: www.lawgazette.co.uk

New Judgment: Jalla and another v Shell International Trading and Shipping Company and another [2023] UKSC 16 – UKSC Blog

Posted May 11th, 2023 in limitations, news, nuisance, shipping law, Supreme Court by sally

‘This appeal concerns the tort of private nuisance (a civil wrong) in the context of a major oil spill. The question at issue is whether there is a continuing private nuisance and hence a continuing cause of action. This is an important question because it affects when the limitation period for the bringing of claims (which in English law for torts is normally six years) starts to run.’

UKSC Blog, 10th May 2023

Source: ukscblog.com

Supreme Court rules on liability in Jehovah’s Witness rape case – Law Society’s Gazette

Posted May 2nd, 2023 in negligence, news, rape, Supreme Court, vicarious liability by sally

‘”Deeper pockets” is not sufficient justification for extending vicarious liability “beyond its principled boundaries” the Supreme Court has found, as it ruled a congregation cannot be liable for a rape committed by one of its elders.’

Law Society's Gazette, 2nd May 2023

Source: www.lawgazette.co.uk

Supreme Court justice fears hearings now ‘invisible’ to public – Law Society’s Gazette

Posted April 28th, 2023 in case management, documents, judges, news, Supreme Court by sally

‘A Supreme Court judge has said the trend of courts working largely outside public view could change through documents being made more widely available.’

Law Society's Gazette, 27th April 2023

Source: www.lawgazette.co.uk

New Judgment: Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB [2023] UKSC 15 – UKSC Blog

Posted April 27th, 2023 in law reports, news, rape, Supreme Court, vicarious liability by sally

‘In this appeal, the Supreme Court is asked to decide whether the Jehovah’s Witness organisation is vicariously liable for a rape committed by Mark Sewell, a former elder.’

UKSC Blog, 26th April 2023

Source: ukscblog.com

Vicarious liability: Trustees of the Barry Congregation in the Supreme Court – Law & Religion UK

Posted April 27th, 2023 in news, rape, Supreme Court, vicarious liability by sally

‘Mr and Mrs B began attending the religious services of the Barry Congregation of Jehovah’s Witnesses in 1984. They made lots of friends in the congregation, among whom were Mark Sewell, his wife Mary and their children. Mark Sewell was an elder; however, he began drinking heavily and behaving inappropriately towards female members of the congregation, for example by kissing them on the lips when he greeted them. In 1990, he raped Mrs B after they had been out evangelising together and in 2014 he was convicted of her rape and of indecently assaulting two other people.’

Law & Religion UK, 26th April 2023

Source: lawandreligionuk.com

New Judgment: Morgan and others v Ministry of Justice (Northern Ireland) [2023] UKSC 14 – UKSC Blog

Posted April 20th, 2023 in declarations of incompatibility, early release, human rights, news, Northern Ireland, sentencing, Supreme Court, terrorism by sally

‘The respondents in this appeal were convicted of terrorism offences. On 13 November 2020, they were sentenced to determinate custodial sentences by Colton J. In accordance with the Criminal Justice (Northern Ireland) Order 2008 (the ‘2008 Order’), the judge specified a “custodial period” of half of the term of their sentences which gave rise to an obligation on the part of the Department of Justice to release the respondents on licence (e.g. living in the community while complying with set rules) when they had served half their sentences.’

UKSC Blog, 19th April 2023

Source: ukscblog.com

Case Comment: Moulsdale t/a Moulsdale Properties v Commissioners for His Majesty’s Revenue and Customs – UKSC Blog

Posted April 19th, 2023 in appeals, HM Revenue & Customs, news, Supreme Court, tax avoidance, taxation, VAT by sally

‘In this post, Jack Prytherch, Of Counsel in the Tax team at CMS, comments on the Supreme Court’s decision in Moulsdale t/a Moulsdale Properties v Commissioners for His Majesty’s Revenue and Customs [2023] UKSC 12, which was handed down on 22 March 2023. The issue before the Supreme Court was broadly whether a sale of property by the appellant (“Moulsdale”) should be treated as exempt from VAT under the Value Added Tax Act 1994 (“VATA”), Sch 10.’

UKSC Blog, 19th April 2023

Source: ukscblog.com

Supreme Court to hear next week dispute over ‘ordinary residence’ and s117 aftercare services – Local Government Lawyer

Posted April 18th, 2023 in care homes, detention, domicile, hospitals, local government, mental health, news, Supreme Court by sally

‘The Supreme Court will next week (27 April) hear a high-profile case over the responsibility of local authorities for the aftercare of a service-user who had been detained under the Mental Health Act 1983.’

Local Government Lawyer, 17th April 2023

Source: www.localgovernmentlawyer.co.uk

Living in a zoo – the Supreme Court’s decision in Fearn v Trustees of the Tate Gallery [2023] UKSC 4 – Exchange Chambers

Posted April 14th, 2023 in appeals, chambers articles, housing, news, nuisance, Supreme Court by sally

‘A few yards from the Tate Modern lies the Neo-Bankside block. It contains glass fronted flats constructed not long before the gallery’s viewing platform (known as the Blatvanik Building) opened. The trial took place in 2019, shortly before coronavirus struck in 2020 ([2019] EWHC 246) and took an inordinately long time to get to the Supreme Court.’

Exchange Chambers, 23rd March 2023

Source: www.exchangechambers.co.uk

Rory Cochrane comments on Supreme Court’s latest telecommunications decision – Devereux Chambers

Posted April 14th, 2023 in appeals, chambers articles, government departments, licensing, news, Supreme Court, telecommunications by sally

‘Last week [8 March], the Supreme Court handed down its decision in VIP Communications (In Liquidation) v Secretary of State for the Home Department [2023] UKSC 10, upholding the Secretary of States’ appeal. The Supreme Court has confirmed that the Secretary of State can rely on section 5 of the Communications Act 2003 to direct Ofcom, on national security grounds, not to make regulations exempting commercial multi-user GSM gateways (COMUGs) from licensing.’

Devereux Chambers, 8th March 2023

Source: www.devereuxchambers.co.uk

Judge deprecates LiPs for impugning opposing lawyers’ integrity – Legal Futures

Posted April 14th, 2023 in appeals, disciplinary procedures, litigants in person, misrepresentation, news, Supreme Court by sally

‘The High Court has sharply criticised two litigants in person for making “baseless accusations” that impugned the integrity of their opponent’s legal team.’

Legal Futures, 14th April 2023

Source: www.legalfutures.co.uk

The Tate Modern case: are human rights relevant to property law cases between private parties? – Mills & Reeve

Posted April 11th, 2023 in human rights, news, nuisance, privacy, Supreme Court by sally

‘The recent Supreme Court decision of Fearn v Board of Trustees of the Tate Gallery [2023] will, no doubt, become the leading case in relation to the law on private nuisance, and one might, understandably, overlook the case in terms of what it said about human rights. The Supreme Court said that Article 8, the right to respect for private and family life, was an “unnecessary complication and distraction in this case”.’

Mills & Reeve, 6th April 2023

Source: www.mills-reeve.com

«
1
…
7
8
9
10
11
12
13
14
15
16
17
…
114
»

Archives