Supreme Court indyref2 judgment could take ‘six to eight weeks’, Lord Hope says – The Independent

‘The Supreme Court’s judgment on the legality of a Scottish independence referendum could be provided within six to eight weeks, its former deputy president has said.’

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The Independent, 9th October 2022

Source: www.independent.co.uk

Lord Hodge, Guildhall Lecture – Supreme Court

‘Lord Hodge, Guildhall Lecture – The Rule of Law, the Courts and the British Economy.’

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Supreme Court, 4th October 2022

Source: www.supremecourt.uk

New Judgment: BTI 2014 LLC v Sequana SA and others [2022] UKSC 25 – UKSC Blog

‘This appeal raised questions of considerable importance for company law. It provides the first opportunity for the Supreme Court to consider the existence, content and engagement of the so-called “creditor duty”: the alleged duty of company directors to consider, or to act in accordance with, the interests of the company’s creditors when the company becomes insolvent, or when it approaches, or is at real risk of, insolvency.’

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UKSC Blog, 5th October 2022

Source: ukscblog.com

Shona Wilson Stark and Raffael Fasel: Unconstitutionally Legal: How the UK Supreme Court Should Decide the Lord Advocate’s Reference – UK Constitutional Law Association

‘On 28 June 2022, the Lord Advocate referred to the UK Supreme Court (“UKSC”) the question of whether the Scottish Parliament has the power to legislate for a second independence referendum (“Indyref 2”) without an Order enabling it do so under section 30 of the Scotland Act 1998 (a “section 30 Order”). Assuming the UKSC will accept the reference, we argue that it should rule that the Scottish Parliament has no legal power to pass legislation facilitating an independence referendum without a section 30 Order. However, we propose that this does not prevent the UKSC from attempting to break the deadlock by declaring that the UK Government is acting unconstitutionally in a political sense if it does not make a section 30 Order. Of course, there is no guarantee that a section 30 Order would be issued – we consider alternative pathways to an Indyref 2, including possible invocations of constituent power, in a forthcoming article – but we argue that this would be a constitutionally proper and desirable approach for the UKSC to take.’

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UK Constitutional Law Association, 3rd October 2022

Source: ukconstitutionallaw.org

Supreme Court Confirms Correct Approach to Deportation Cases – UK Human Rights Blog

‘In Secretary of State for the Home Department v HA (Iraq) [2022] UKSC 22, the Supreme Court has confirmed that the Court of Appeal was right to reject the idea that, when assessing whether it would be unduly harsh (and therefore disproportionate) for a person to be deported from the UK, the degree of harshness that would arise from this should be assessed by reference to a comparison with that which would ‘necessarily’ be involved for any child faced with the deportation of a parent. The Court also provided useful guidance concerning the application of the test for whether there are very compelling circumstances rendering deportation disproportionate in a given case.’

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UK Human Rights Blog, 6th September 2022

Source: ukhumanrightsblog.com

Proportionality in adoption cases – Local Government Lawyer

‘Lisa Edmunds summarises four decisions about proportionality in adoption cases and sets out the takeaway points for everyday practice.’

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Local Government Lawyer, 26th August 2022

Source: www.localgovernmentlawyer.co.uk

Builder who lied his way into top NHS jobs ordered to repay £96,000 – The Independent

Posted August 22nd, 2022 in appeals, confiscation, fraud, hospitals, news, Supreme Court by sally

‘A fake NHS boss who made £1m by lying about his qualifications to secure senior jobs will have to pay £96,000 after Supreme Court hearing.’

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The Independent, 20th August 2022

Source: www.independent.co.uk

Lord Burrows, Sir Christopher Staughton Memorial Lecture 2022 – Supreme Court

Posted August 19th, 2022 in judges, speeches, statutory interpretation, Supreme Court by sally

‘Lord Burrows, Sir Christopher Staughton Memorial Lecture 2022’

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Supreme Court, 15th August 2022

Source: www.supremecourt.uk

Diversity concerns as Supreme Court reappoints old guard – Law Society’s Gazette

Posted August 19th, 2022 in bills, diversity, judges, news, retirement, Supreme Court, women by sally

‘The Supreme Court has appointed two recently-retired judges as justices, which critics have pointed out means that men called David now outnumber women by three to one on the UK’s highest court.’

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Law Society’s Gazette, 18th August 2022

Source: www.lawgazette.co.uk

CV fraudster must repay some wages, Supreme Court rules – Law Society’s Gazette

‘A fraudster jailed for falsifying qualifications to secure a top NHS job should have to pay back some of the wages he unlawfully received, the Supreme Court has ruled.’

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Law Society's Gazette, 18th August 2022

Source: www.lawgazette.co.uk

Supreme Court decision highlights complexity of the UK’s tax system – OUT-LAW.com

Posted August 17th, 2022 in appeals, corporation tax, HM Revenue & Customs, news, Supreme Court, taxation by sally

‘A recent UK Supreme Court decision is a reminder of some of the issues that need to be considered when calculating UK corporation tax profits whilst also highlighting the complexity of the UK’s tax system.’

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OUT-LAW.com, 15th August 2022

Source: www.pinsentmasons.com

Supreme Court refuses City of London permission to appeal in dispute with leaseholders over service charges – Local Government Lawyer

Posted August 16th, 2022 in appeals, leases, news, service charges, Supreme Court by sally

‘The Supreme Court has refused the City of London Corporation permission to appeal in a dispute with leaseholders of a tower block over whether certain repairs to their homes were chargeable to them, it has emerged.’

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Local Government Lawyer, 15th August 2022

Source: www.localgovernmentlawyer.co.uk

Full leave And Full Pay for Every Worker: Harpur Trust v Brazel – Old Square Chambers

Posted August 16th, 2022 in casual workers, holiday pay, holidays, news, Supreme Court by sally

‘The entitlement to 5.6 weeks’ paid annual leave in the Working Time Regulations (WTR) is fairly straightforward to operate for full-time employees, working five days a week and paid a fixed salary. The employer just needs to let them take five weeks and three days off work, and carry on paying them their salary. Ever since the seminal judgment of the CJEU in BECTU we have known that the right in the parent Directive applies to all workers, without exception, from day one. But what does a right, expressed in weeks, mean for those, often misleadingly referred to as ‘atypical’ workers, who work only some days a week, only some weeks of the year or under a zero hours contract? What is the link, if any, between the time or hours worked and the period of annual rest?’

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Old Square Chambers, 20th July 2022

Source: oldsquare.co.uk

Clarity for Irregular Workers: Paid Annual Leave Accrual in the Supreme Court – Littleton Chambers

Posted August 16th, 2022 in casual workers, holiday pay, holidays, news, Supreme Court by sally

‘Joel Wallace provides a review of the recent Supreme Court decision in Harpur Trust v Brazel [2022] UKSC 21. A copy of the judgment can be found here. Topics include: annual leave entitlement, annual leave pay, zero-hour contracts, gig workers and irregular workers.’

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Littleton Chambers, 28th July 2022

Source: littletonchambers.com

UK government submits indyref2 argument to Supreme Court – BBC News

‘The UK government has submitted its argument in a case that could allow the Scottish Parliament to legislate for another independence referendum.’

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BBC News, 9th August 2022

Source: www.bbc.co.uk

Holiday pay and pensions – Local Government Lawyer

‘Doug Mullen and Billy Richards consider the pensions implications of a recent Supreme Court holiday pay case.’

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Local Government Lawyer, 5th August 2022

Source: www.localgovernmentlawyer.co.uk

Deportation: Supreme Court revisits Unduly Harsh and Very Compelling Circumstances Tests – EIN Blog

‘On 20 July 2022, the UK Supreme Court gave its judgment in the three joined appeals of HA (Iraq), RA (Iraq) and AA (Nigeria) [2022] UKSC 22. The full judgment can be found here. These were all deportation appeals decided by the Court of Appeal. The Court of Appeal found in favour of the three individuals and the Secretary of State, through the Home Office, appealed to the Supreme Court.’

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EIN Blog, 3rd August 2022

Source: www.ein.org.uk

Case Comment: Hastings v Finsbury Orthopaedics Ltd and Anor [2022] UKSC 19 – UKSC Blog

‘In this post, Sophie Malley, a trainee solicitor at CMS, comments on the decision in Hastings v Finsbury Orthopaedics Ltd and Anor [2022] UKSC 19, the first product liability case to reach the UK Supreme Court.’

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UKSC Blog, 1st August 2022

Source: ukscblog.com

Archie Battersbee’s life support ‘ending at 11am’ after Supreme Court appeal fails – The Independent

‘The mother of 12-year-old Archie Battersbee said that his life support will be withdrawn at 11am on Wednesday after the family lost a Supreme Court bid to continue his treatment.’

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The Independent, 2nd August 2022

Source: www.independent.co.uk

Archie Battersbee’s parents fail in life support bid at supreme court – The Guardian

‘The parents of 12-year-old Archie Battersbee, who was left in a comatose state after suffering brain damage, have failed to persuade the supreme court to intervene in a life support treatment battle.’

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The Guardian, 28th July 2022

Source: www.theguardian.com