‘Gordon Wignall explores a nuisance case in the Supreme Court about the Tate Modern and Richard Roger’s glass dwellers’ lack of privacy.’
Solicitors' Journal, 27th March 2023
Source: www.solicitorsjournal.com
‘On 1 March 2023, the Supreme Court handed down its judgment in Rakusen v Jepsen [2023] UKSC 9. In a unanimous decision delivered by Lord Briggs and Lord Burrows in a joint judgment, the court held that the Court of Appeal had been correct in its interpretation that a Rent Repayment Order (RRO) could only be made against the immediate landlord of a tenancy that generates the relevant rent.’
Tanfield Chambers, 3rd March 2023
Source: www.tanfieldchambers.co.uk
‘In this post, David McKie and Dany Bitar, partner and associate respectively in the litigation team at CMS, preview the decision awaited from the Supreme Court in JTI POLSKA Sp. Z.o.o. and Ors v Jakubowski and Ors.’
UKSC Blog, 27th March 2023
Source: ukscblog.com
‘2023 has already been a landmark year for nuisance, with the Supreme Court handing down its controversial decision in Fearn v Tate Gallery (as discussed on this blog). The good news for those with a particular interest in the bothersome behaviour of neighbours is that Fearn is only the start.’
UK Human Rights Blog, 24th March 2023
Source: ukhumanrightsblog.com
‘This appeal arises out of a contractual dispute between Ukraine and the Law Debenture Trust Corporation plc (“the Trustee””), acting on behalf of the Russian Federation (“Russia”).’
UKSC Blog, 15th March 2023
Source: ukscblog.com
‘This appeal raised an issue of statutory construction. It arises in the context of a type of equipment known as commercial multi-user GSM (Global Systems for Mobile Communications) gateway apparatus (“COMUGs”). GSM gateways are telecommunications equipment containing one or more SIM cards, as used in mobile phones. They enable phone calls and text messages from landlines to be routed directly on to mobile networks. When a call is routed through a GSM gateway, the only data transmitted over the network is the number and location of the SIM card in the GSM gateway. It does not transmit information such as the identity of the calling party and (in the case of a mobile phone) the user’s location, as would ordinarily be the case without a GSM gateway.’
UKSC Blog, 8th March 2023
Source: ukscblog.com
‘In this post, Mark Chapman and Alisha Young (both associates within the Insurance Group at CMS) preview the decision awaited from the Supreme Court in Lifestyle Equities C.V. and Anor v Ahmed and Anor. The appeal was heard by the Supreme Court on 20 & 21 February 2023 and judgment is presently awaited.’
UKSC Blog, 8th March 2023
Source: ukscblog.com
‘This appeal is about Rent Repayment Orders. These are orders that can be made against landlords that have committed certain housing-related offences. They require a landlord to repay an amount of rent paid by a tenant (or pay to a local housing authority an amount of universal credit paid in respect of rent). The question which arises is whether they can only be made against a tenant’s immediate landlord, or whether they can be made against a landlord higher up in a chain of tenancies (e.g. the landlord of the tenant’s immediate landlord) – referred to as a “superior landlord”.’
UKSC Blog, 1st March 2023
Source: ukscblog.com
‘The issue for the Supreme Court was whether the wording of section 40 and 41 Housing and Planning Act 2016 meant that a rent repayment order could be made against only a tenant’s immediate landlord, or also against a superior landlord (where the occupying tenant’s landlord themselves had a tenancy of the property) where that landlord had also committed a relevant offence.’
Nearly Legal, 5th March 2023
Source: nearlylegal.co.uk
‘The UK Supreme Court, the highest court in the country, will sit in Manchester this week.’
BBC News, 6th March 2023
Source: www.bbc.co.uk
‘Land which is subject to a statutory trust in favour of the public is held by a local authority for the purpose of the public’s enjoyment. In order for local authorities to dispose of this type of land they must comply with statutory consultation requirements. The issue raised by this appeal is what happens to the public’s rights to use this type of land when the local authority disposes of the land but fails to comply with the statutory requirements.’
UKSC Blog, 1st March 2023
Source: ukscblog.com
‘A legal bid to protect tenants from so called “ghost landlords” has failed, in a move that could have significant implications for people looking to claim their rent back if they live in bad conditions.’
BBC News, 2nd March 2023
Source: www.bbc.co.uk
‘In this post, Ingrida Jakuseva, a paralegal within the Litigation and Arbitration department at CMS, previews the decision awaited from the Supreme Court in R (on the application of Palmer) v Northern Derbyshire Magistrates Court and Anor. The application for permission to appeal will be heard by the Supreme Court on 8 March 2023.’
UKSC Blog, 1st March 2023
Source: ukscblog.com
‘The Supreme Court has upheld a Court of Appeal ruling that a rent repayment order cannot be made against a superior landlord.’
Local Government Lawyer, 1st March 2023
Source: www.localgovernmentlawyer.co.uk
‘Campaigners have won a supreme court appeal to stop houses being built on a park protected by a 100-year-old statutory trust in Shrewsbury, in a landmark ruling for the protection of green spaces.’
The Guardian, 1st March 2023
Source: www.theguardian.com
‘A ruling by the UK Supreme Court provides guidance on when UK legislation should be interpreted in a way that accounts for technological, scientific or societal changes that occur after the legislation has been enacted.’
OUT-LAW.com, 27th February 2023
Source: www.pinsentmasons.com
‘In this post, Lisa Fox, a senior associate in the litigation team at CMS, previews the decision awaited from the Supreme Court in London Borough of Merton v Nuffield Health Ltd.’
UKSC Blog, 24th February 2023
Source: ukscblog.com
‘The Supreme Court will next week (1 March) hand down its ruling in a dispute over whether a rent repayment order can only be made against an immediate landlord or whether a superior landlord can also be liable.’
Local Government Lawyer, 24th February 2023
Source: www.localgovernmentlawyer.co.uk
‘Issues related to national security have always been hard to crack, but judges are unwilling to consider human rights.’
The Guardian, 23rd February 2023
Source: www.theguardian.com
‘Under the Value Added Tax Act 1994 (the “VAT Act“), “newspapers” are “zero-rated”, meaning Value Added Tax (“VAT“) is not charged on them. The question in this case is whether, between 30 August 2010 – 4 December 2016 (the “relevant period“), zero-rating extended beyond print newspapers to digital editions of newspapers, such as editions for e-readers, tablets, smartphones and websites.’
UKSC Blog, 22nd February 2023
Source: ukscblog.com
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