Case Comment: Bott & Co Solicitors v Ryanair DAC [2022] UKSC 8 – UKSC Blog

Posted April 5th, 2022 in airlines, compensation, delay, fees, news, solicitors, Supreme Court by sally

‘The case brought by Bott & Co Solicitors (“Bott”) against Ryanair DAC (“Ryanair”) concerns the extent of the solicitor’s equitable lien, a remedy that has been recognised by the courts for over two hundred years.’

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UKSC Blog, 1st April 2022

Source: ukscblog.com

Case Preview: Harpur Trust v Brazel – UKSC Blog

Posted April 5th, 2022 in EC law, holiday pay, news, part-time work, Supreme Court, working time by sally

‘On 9 November 2021, the Supreme Court heard the appeal in Harpur Trust v Brazel. The forthcoming decision is expected to provide some much-needed clarity on how employers should approach calculating annual leave entitlement and pay for workers who work irregular hours, including those workers on zero hours contracts.’

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UKSC Blog, 1st April 2022

Source: ukscblog.com

Lewis Graham: The Reed Court by Numbers: How Shallow is the ‘Shallow End’? – UK Constitutional Law Association

Posted April 4th, 2022 in constitutional law, judicial review, news, Supreme Court by sally

‘In a recent critical essay for the London Review of Books, Conor Gearty penned a wonderful, if provocative, account of the recent output of the UK Supreme Court, and attributed a substantial amount of influence to its President, Lord Reed. His “commitment to formalism”, said Gearty, has led to a series of decisions which shrink human rights protections, valorise the state and (especially) the government, and “insulate the decision-maker from judicial review” in all but the most extreme circumstances. The Supreme Court, he suggested, is in no danger of being out of its depth; Reed has marshalled the judges to the safe waters of “the shallow end”.’

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UK Constitutional Law Association, 4th April 2022

Source: ukconstitutionallaw.org

Case Comment: In The Matter of T (A Child) [2021] UKSC 35 – UKSC Blog

‘In this post, Matthew Purchase QC of Matrix Chambers discusses the Supreme Court’s decision in the matter of T (A Child) [2021] UKSC 35. The Court was asked to consider two things: first, whether it was a permissible exercise of the High Court’s inherent jurisdiction to make an order authorising a local authority to deprive a child of his or her liberty in this category of case, and secondly if, contrary to T’s argument the High Court can have recourse to its inherent jurisdiction to make an order of the type in question, what the relevance is of the child’s consent to the proposed living arrangements.’

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UKSC Blog, 30th March 2022

Source: ukscblog.com

Fixed term secure tenancies and forfeiture – Nearly Legal

‘Croydon London Borough Council v Kalonga (2022) UKSC 7. In which the Supreme Court considered the position on termination of “flexible tenancies” – fixed term secure tenancies – during the fixed term. We saw the Court of Appeal judgment dismissing Croydon’s appeal of the dismissal of its possession claim. Croydon then appealed to the Supreme Court.’

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Nearly Legal, 27th March 2022

Source: nearlylegal.co.uk

Bott urges solicitors to put all defendants on notice of equitable lien – Legal Futures

Posted March 18th, 2022 in airlines, appeals, compensation, delay, fees, law firms, news, solicitors, Supreme Court by sally

‘Litigators should now put defendants on notice at the start of any matter that they will enforce an equitable lien if necessary, the senior partner of Bott & Co has advised.’

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Legal Futures, 18th March 2022

Source: www.legalfutures.co.uk

Firm to take champerty case to Supreme Court – Law Society’s Gazette

Posted March 18th, 2022 in appeals, assignment, champerty, law firms, news, solicitors, Supreme Court by sally

‘A London commercial firm will ask the Supreme Court to develop the common law of champerty after an appeal over the assignment of its now-deceased client’s claim was dismissed.’

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Law Society's Gazette, 17th March 2022

Source: www.lawgazette.co.uk

Breaking: Supreme Court backs solicitors over right to recover costs – Law Society’s Gazette

Posted March 16th, 2022 in airlines, appeals, compensation, costs, delay, law firms, news, solicitors, Supreme Court by sally

‘Solicitors handling flight compensation claims had a right to their costs despite the airline trying to deal directly with their clients, the Supreme Court has ruled.’

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Law Society's Gazette, 16th March 2022

Source: www.lawgazette.co.uk

Julian Assange denied permission to appeal against extradition – BBC News

Posted March 15th, 2022 in appeals, computer crime, extradition, news, Supreme Court by sally

‘The Supreme Court has refused to allow Julian Assange his latest appeal against extradition to the US.’

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BBC News, 14th March 2022

Source: www.bbc.co.uk

Devolved powers and the internal market post-Brexit – UK Human Rights Blog

‘R (on the Application of the Counsel General for Wales) v Secretary of State for business, Energy and Industrial Strategy [2022] EWCA Civ 118. The Court of Appeal decision handed down on 9th February 2022 is an important case concerning devolved powers.’

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UK Human Rights Blog, 3rd March 2022

Source: ukhumanrightsblog.com

Supreme Court to hear appeal over ruling by coroner that Article 2 ECHR not engaged where vulnerable woman died – Local Government Lawyer

‘The Supreme Court has granted permission to appeal over a coroner’s ruling that Article 2 of the European Convention on Human Rights (Right to life) was not engaged in a case where a vulnerable, 52-year-old woman with Down’s syndrome and learning disabilities died.’

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Local Government Lawyer, 1st March 2022

Source: www.localgovernmentlawyer.co.uk

Case Comment: Bloomberg LP v ZXC [2022] UKSC 5 – UKSC Blog

‘In this post, Jessica Eaton, an associate in the litigation team at CMS, comments on the Supreme Court’s decision in the Bloomberg LP v ZXC [2022] UKSC 5, case which cojeet_lthumbncerned the right to privacy in the context of a criminal investigation.’

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UKSC Blog, 25th February 2022

Source: ukscblog.com

New Judgment: Craig (AP) v Her Majesty’s Advocate (for the Government of the United States of America) and another (Scotland) [2022] UKSC 6 – UKSC Blog

Posted February 25th, 2022 in appeals, extradition, fraud, human rights, news, Scotland, sentencing, Supreme Court by sally

‘The appellant is a British citizen living in Scotland. In May 2017, the US Government made a request for his extradition to the US, where he is accused of committing an offence relating to securities fraud.’

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UKSC Blog, 24th February 2022

Source: ukscblog.com

Case Preview: Commissioners for Her Majesty’s Revenue and Customs v NCL Investments Ltd and another – UKSC Blog

Posted February 23rd, 2022 in appeals, corporation tax, HM Revenue & Customs, news, Supreme Court, taxation by sally

‘In this post, Andre Anthony, a senior associate in the Tax team at CMS, previews the decision awaited from the UK Supreme Court in Commissioners for Her Majesty’s Revenue and Customs v NCL Investments Ltd and another EWCA Civ 663. The appeal was heard by the Supreme Court on 25 and 26 January 2022. The Supreme Court was asked to consider whether accounting debits relating to the grant of share options to employees are a deductible expense for corporation tax purposes.’

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UKSC Blog, 21st February 2022

Source: ukscblog.com

Bloombery v ZXC – the Supreme Court decides – Panopticon

‘The central question for the Supreme Court in Bloombery v ZXC [2022] UKSC 5 was, as Lords Hamblen and Stephens put it (with Lord Reeds, Lloyd-Jones and Sales agreeing): “whether, in general, a person under criminal investigation has, prior to being charged, a reasonable expectation of privacy in respect of information relating to that investigation”. The short answer was “yes”.’

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Panopticon, 21st February 2022

Source: panopticonblog.com

New Judgment: Bloomberg LP v ZXC [2022] UKSC 5 – UKSC Blog

‘The Respondent is a US citizen. He and his employer were the subject of a criminal investigation by a UK Legal Enforcement Body. During that investigation, the UKLEB sent a confidential Letter of Request to the authorities of a foreign state seeking, among other things, information and documents relating to the Respondent. The Letter expressly requested that its existence and contents remain confidential.’

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UKSC Blog, 16th February 2022

Source: ukscblog.com

Bloomberg loses landmark UK supreme court case on privacy – The Guardian

Posted February 17th, 2022 in media, news, privacy, Supreme Court by sally

‘The supreme court has ruled against Bloomberg News in a landmark privacy case that will make it harder for British media outlets to publish information about individuals subject to criminal investigations.’

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The Guardian, 16th February 2022

Source: www.theguardian.com

Human rights reform would leave former SC justice ‘very confused’ – Law Society’s Gazette

Posted February 10th, 2022 in human rights, news, precedent, Supreme Court by sally

‘Reforming human rights legislation to give priority consideration to domestic law could create uncertainty, a former Supreme Court justice has warned.’

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Law Society's Gazette, 9th February 2022

Source: www.lawgazette.co.uk

Donnchadh Greene and Gabriel Tan: Statutory Interpretation and Citizenship: D4 v SSHD and PRCBC v SSHD – UK Constitutional Law Association

‘This piece considers two recent decisions – one by the Court of Appeal (“CA”): D4 v Secretary of State for the Home Department [2022] EWCA Civ 33, and the other by the Supreme Court (“SC”): R (The Project for the Registration of Children as British Citizens) v Secretary of State for the Home Department [2022] UKSC 3 (“PRCBC”). At a general level, the cases raised similar issues: both involved challenges to delegation legislation on grounds that they were ultra vires; both related to citizenship – D4 about its deprivation, PRCBC about its conferral. This piece seeks to draw some threads from the two cases about statutory interpretation and the common law in the context of citizenship.’

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UK Constitutional Law Association, 9th February 2022

Source: ukconstitutionallaw.org

Supreme Court dismisses protestors’ appeal over PKK flag conviction – UK Human Rights Blog

‘Pwr v Director of Public Prosecutions [2022] UKSC 2. On 26 January 2022 the Supreme Court ruled that s.13(1) Terrorism Act 2000 (“TA 2000 “) is a strict liability offence and that, whilst it does interfere with Art.10 ECHR (freedom of expression), the interference is lawful, necessary and proportionate.’

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UK Human Rights Blog, 3rd February 2022

Source: ukhumanrightsblog.com