‘A key court case that could allow the Scottish Parliament to legislate for another independence referendum will hear arguments in October, the Supreme Court has said.’
BBC News, 21st July 2022
Source: www.bbc.co.uk
‘These three conjoined appeals concern the statutory regime governing the deportation of foreign criminals under section 117C of the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”). A “foreign criminal” for the purposes of these appeals is a person who is not a British citizen, is convicted in the UK of an offence, and who is sentenced to a period of imprisonment of at least 12 months. The 2002 Act divides foreign criminals who have been sentenced to terms of imprisonment into two categories. Those sentenced to at least 12 months, but less than four years (“medium offenders”), can avoid deportation if they can establish that its effect on a qualifying child or partner would be “unduly harsh” (“the unduly harsh test”). This is known as Exception 2. Exception 1, which relates to length of lawful residence and integration, is not in issue in this appeal. Those sentenced to at least four years (“serious offenders”) can avoid deportation if they establish that there are “very compelling circumstances, over and above those described in Exceptions 1 and 2” (“the very compelling circumstances test”). Whether deportation would produce unduly harsh effects for a qualifying partner/child is relevant there too.’
UKSC Blog, 20th July 2022
Source: ukscblog.com
‘This appeal concerned the calculation of annual leave and holiday pay entitlements for workers who work for varying hours during only certain weeks of the year but have a contract throughout that year (“part–year workers”).’
UKSC Blog, 20th July 2022
Source: ukscblog.com
‘This case concerns whether the Proceeds of Crime Act 2002 (POCA) permits a variation to a restraint order to cover reasonable legal expenses in respect of civil proceedings founded on the same or similar allegations or facts as those giving rise to the making of the restraint order.’
UKSC Blog, 20th July 2022
Source: ukscblog.com
‘Basfar v Wong [2022] UKSC 20. Judgment here, links to hearings here. The landmark decision handed down on 6 July 2022 by a majority of 3 to 2 in the Supreme Court held that a serving diplomat does not enjoy immunity in an employment tribunal claim grounded in allegations of modern slavery.’
UK Human Rights Blog, 18th July 2022
Source: ukhumanrightsblog.com
‘The UK government has urged judges to dismiss the Scottish government’s request for a ruling on whether it has the power to hold indyref2.’
BBC News, 13th July 2022
Source: www.bbc.co.uk
‘In this post, Sam Porter, an Associate in the Planning team at CMS, previews the upcoming Supreme Court decision in the case of Hillside Parks Limited v Snowdonia National Park Authority UKSC 2020/0211. The case was heard on 4 July 2022.’
UKSC Blog, 7th July 2022
Source: ukscblog.com
‘The UK Supreme Court has ruled that diplomats cannot hide behind immunity to exploit workers, in a victory for campaigners against modern slavery.’
BBC News, 7th July 2022
Source: www.bbc.co.uk
‘The Appellant (a national of the Philippines) is a migrant domestic worker who worked in the household of the Respondent, a diplomat representing the Kingdom of Saudi Arabia in the United Kingdom. Ms Wong claims to be a victim of human trafficking who was forced to work for Mr Basfar and his family in circumstances of modern slavery after they brought her with them to the UK in August 2016.’
UKSC Blog, 6th July 2022
Source: ukscblog.com
‘The Supreme Court will next week (12 July) consider whether the principle enunciated by the Court of Appeal that a planning condition could not lawfully require the developer to dedicate land for public purposes without the payment of compensation, is correct in law.’
Local Government Lawyer, 4th July 2022
Source: www.localgovernmentlawyer.co.uk
‘The Abortion Services (Safe Access Zones) Bill (Northern Ireland) has been referred to the UK Supreme Court. We explain why, and how a bill reference works.’
House of Commons Library , 4th July 2022
Source: commonslibrary.parliament.uk
‘The Appellant in R (on the application of Elan-Cane) (Appellant) v Secretary of State for the Home Department (Respondent) [2021] UKSC 56 was assigned female at birth, however during and after puberty they felt revulsion at their body and underwent surgery in 1989 and 1990 to alleviate those feelings. The Appellant who identifies as non-gendered, is a campaigner for the legal and social recognition of this category. The provision of “X passports” are a focal point of the Appellant’s campaign.’
UK Human Rights Blog, 4th July 2022
Source: ukhumanrightsblog.com
‘In its decision in Bresco v Lonsdale, the Supreme Court confirmed that insolvent companies have the statutory and contractual right to adjudicate construction disputes, even if that claim is affected by insolvency set-off.’
Practical Law: Construction Blog , 29th June 2022
‘The UK Supreme Court has largely backed providers of telecommunications infrastructure in three cases to do with the extent of their rights under the revised Electronic Communications Code (“the Code”) to acquire additional Code rights over land that they do not own.’
OUT-LAW.com, 23rd June 2022
Source: www.pinsentmasons.com
‘Freedom of speech and the views of elected lawmakers will be given greater weight in law under a Bill of Rights introduced to Parliament today (Wednesday 22 June).’
Ministry of Justice, 22nd June 2022
Source: www.gov.uk
‘Successful high court challenges to government policy and decisions by public bodies have fallen dramatically, prompting warnings that ministers’ attacks on lawyers could be having a chilling effect on judges.
The proportion of civil judicial reviews in England and Wales, excluding immigration cases, which claimants won out of total claims lodged fell by 50% on 2020, according to analysis seen by the Guardian. The figure is 26% if the success rate is measured out of cases that went to a final hearing.’
The Guardian, 23rd June 2022
Source: www.theguardian.com
‘The Appellant is a Jamaican national, born in 1991. He came to the UK in December 2001 and has lived here since then. The Appellant’s mother is a lesbian who was persecuted by gang members in Jamaica, at whose hands both the Appellant and his mother suffered violence, harassment and assault. The Appellant and his mother were granted indefinite leave to remain in the UK as refugees in October 2003. The Appellant committed several criminal offences between 2005 and 2012. In June 2012, the Appellant was convicted of assault causing actual bodily harm for which he was sentenced to two years in a young offender’s institution. As a result, the Appellant is a foreign criminal who qualifies for automatic deportation under the UK Borders Act 2007.’
UKSC Blog, 15th June 2022
Source: ukscblog.com
‘Lord Reed, Donoghue v Stevenson – 90th Anniversary Conference.’
Supreme Court, 6th June 2022
Source: www.supremecourt.uk
‘The Supreme Court will next week (15 June) hand down its ruling on whether, when an appellate court reviews a first instance decision concerning the proportionality of orders made under the courts’ obligations under the Human Rights Act 1998, it is necessary for the appellate court to undertake its own proportionality assessment of that decision.’
Local Government Lawyer, 9th June 2022
Source: www.localgovernmentlawyer.co.uk
‘The “high number of instances” in which the Supreme Court has reversed its position on the law and adopted approaches more favourable to the executive has created “the troubling appearance (even if it is only an appearance) of the politicisation of the judiciary”, MPs have warned.’
Legal Futures, 9th June 2022
Source: www.legalfutures.co.uk
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