Category: Supreme Court

Regulators must regulate lawfully: The availability of private law claims and remedies does not oust judicial review – Henderson Chambers

Posted December 19th, 2024 in appeals, chambers articles, environmental health, health, judicial review, news, nuisance, Supreme Court by sally

‘In this important recent decision the Supreme Court has found that in respect of an established nuisance, even where there were available to the claimant alternative private law remedies (nuisance and private prosecution) these did not oust an application for judicial review against the public authority in respect of an allegedly unlawful failure to exercise regulatory powers.’

Full Story

Henderson Chambers, 5th November 2024

Source: www.hendersonchambers.co.uk

Supreme court grants permission for appeal against UK car finance ruling – The Guardian

Posted December 12th, 2024 in appeals, consumer protection, financial regulation, insurance, loans, news, road traffic, Supreme Court by sally

‘The supreme court has granted permission for two car lenders to appeal against a landmark ruling on motor finance commission payments that has left firms fearing a potential £30bn compensation bill.’

Full Story

The Guardian, 11th December 2024

Source: www.theguardian.com

UK Supreme Court to hear another important AI patent case – OUT-LAW.com

Posted December 4th, 2024 in artificial intelligence, news, patents, Supreme Court by tracey

‘Commercially important questions concerning the degree to which software, including artificial intelligence (AI) systems, can be patented, are to be considered by the UK’s highest court in what will be the second important AI patent case to come before it.’

Full Story

OUTLAW.com, 3rd December 2024

Source: www.pinsentmasons.com

Ex-supreme court president backs assisted dying law change – The Guardian

Posted November 28th, 2024 in assisted suicide, bills, judges, news, Supreme Court by sally

‘The former president of the supreme court who ruled on the most high-profile assisted dying cases has declared his support for the law change, as MPs backing the bill say they believe they have the numbers for Friday’s historic vote to pass.’

Full Story

The Guardian, 27th November 2024

Source: www.theguardian.com

Supreme Court to hear case on definition of a woman – BBC News

Posted November 26th, 2024 in gender, news, Scotland, Supreme Court, transgender persons, women by tracey

‘Judges at the Supreme Court are to consider how women are defined in law in a landmark case brought by Scottish campaigners. It is the culmination of a long-running legal dispute which started with a relatively niche piece of legislation at the Scottish Parliament, but which could have big UK-wide implications.’

Full Story

BBC News, 25th November 2024

Source: www.bbc.co.uk

Cheshire West revisited: deprivation of liberty and children – UK Human Rights Blog

Posted November 22nd, 2024 in children, deprivation of liberty safeguards, disabled persons, families, family courts, human rights, learning difficulties, local government, news, Supreme Court by sally

‘Ten years on from Cheshire West [2014] UKSC 19 (covered on this blog at the time), the seminal decision on deprivation of liberty by the Supreme Court, the Family Court faces an ever-increasing number of applications for deprivation of liberty orders for children. Two recent decisions from Mrs Justice Lieven, Peterborough City Council v SM [2024] EWHC 493 (Fam) and Re J [2024] EWHC 1690 (Fam), could curb this trend. But while these decisions emanate from the Family Court, their reasoning may be of broader interest and could prompt wider questions about Article 5 ECHR and what constitutes a deprivation of liberty.’

Full Story

UK Human Rights Blog, 22nd November 2024

Source: ukhumanrightsblog.com

A Beginner’s Guide to Extradition – Law Pod UK

Posted November 22nd, 2024 in appeals, extradition, news, podcasts, Supreme Court by sally

‘Benjamin Seifert of 1 Crown Office Row joins Lucy McCann to introduce our listeners to extradition law: the statutory framework that governs extradition, the procedure, the types of challenges raised when resisting extradition and recent developments in extradition law in the UK Supreme Court.’

Full Story

Law Pod UK, 22nd November 2024

Source: audioboom.com

In depth: Supreme Court’s Sky ruling sends ‘shockwaves’ through IP sector – Law Society’s Gazette

Posted November 18th, 2024 in appeals, intellectual property, media, news, Supreme Court, trade marks by tracey

‘Judgment in Sky trade mark saga clarifies both the law on bad faith registrations and the Supreme Court’s own remit. Brand owners must beware obtaining marks they have no intention of using.’

Full Story

Law Society's Gazette, 17th November 2024

Source: www.lawgazette.co.uk

The Supreme Court prioritises substance over form in protecting the welfare of children in an immigration context. Explicit reference to guidance is neither sufficient nor necessary – UK Human Rights Blog

Posted November 15th, 2024 in appeals, children, families, female genital mutilation, human rights, immigration, news, Supreme Court by sally

‘In their co-authored judgment, Lord Sales and Dame Siobhan Keegan provide a rich analysis of how the courts should consider the welfare of children in an immigration context. In doing so, they clarify the meaning and effect of Section 55 of the Borders, Citizenship and Immigration Act 2009 (“Section 55”) and its interaction with Article 8 of the European Convention on Human Rights (“Article 8”). The judgment provides a guide for how the appellate courts should assess decision-making by the Secretary of State, her officials, and the First-tier Tribunal.’

Full Story

UK Human Rights Blog, 15th November 2024

Source: ukhumanrightsblog.com

Supreme Court breathes new life into “equitable rectification” – Pensions Barrister

Posted November 15th, 2024 in appeals, employment, employment tribunals, news, pensions, rectification, Supreme Court, trade unions by sally

‘In National Union of Rail, Maritime and Transport Workers v Tyne and Wear Passenger Transport Executive T/A Nexus [2024] UKSC 37, the Supreme Court has handed down an important judgment on the scope of rectification, holding that a collective bargaining agreement can be rectified even though it is not a legally enforceable contract. Of greater relevance for pensions lawyers is the decision that the Employment Tribunal, whilst it does not have the power to make a rectification order, can nevertheless treat a document as having been rectified on the basis of the principle that “equity can treat as done that which ought to have been done”. This has potentially wide-ranging consequences for other statutory tribunals, including the FTT and the Pensions Ombudsman.’

Full Story

Pensions Barrister, 14th November 2024

Source: www.pensionsbarrister.com

FCA urges Supreme Court to act quickly over car finance mis-selling – Legal Futures

Posted November 15th, 2024 in appeals, consumer credit, consumer protection, news, Supreme Court by sally

‘The Financial Conduct Authority (FCA) is to ask the Supreme Court to make a quick decision on whether it will hear the appeal against the recent decision on car finance mis-selling.’

Full Story

Legal Futures, 14th November 2024

Source: www.legalfutures.co.uk

Liability for omissions: Is the law as it should be? – 12 King’s Bench Walk

Posted November 14th, 2024 in duty of care, negligence, news, police, road safety, Supreme Court, vicarious liability by tracey

‘John-Paul Swoboda examines liability for omissions in the police negligence case of Tindall v Chief Constable of Thames Valley Police [2024] UKSC 33.’

Full story

12 King’s Bench Walk, 6th November 2024

Source: www.12kbw.co.uk

Supreme Court clarifies ‘bad faith’ trade mark law in Sky case – OUT-LAW.com

Posted November 14th, 2024 in news, Supreme Court, trade marks by sally

‘Businesses must be specific about the goods and services they wish to obtain trade mark rights for when applying for those rights, if they want to avoid those applications being refused, according to a new ruling by the UK’s highest court.’

Full Story

OUT-LAW.com, 13th November 2024

Source: www.pinsentmasons.com

Liability of Police Authorities and the Decision in Tindall v Chief Constable of Thames Valley Police – Ropewalk Personal Injury Blog

Posted November 12th, 2024 in duty of care, negligence, news, police, road safety, Supreme Court, vicarious liability by tracey

‘On 23 October 2024, the Supreme Court handed down its decision in Tindall v Chief Constable of Thames Valley Police [2024] UKSC 33. The decision is the latest in many higher court decisions regarding the liability of police authorities to the public where they suffer injury.’

Full Story

Ropewalk Personal Injury Blog, 11th November 2024

Source: ropewalk.co.uk

Police not liable for failing to protect someone from injury: Supreme Court – UK Human Rights Blog

Posted November 12th, 2024 in duty of care, negligence, news, police, road safety, Supreme Court, vicarious liability by tracey

‘Tindall and another (Appellants) v Chief Constable of Thames Valley Police (Respondent) [2024] UKSC 33, on appeal from [2022] EWCA Civ 25. The Supreme Court has affirmed that there is no duty of care, and hence no liability in negligence, for failing to confer a benefit, which includes failing to protect a person from injury, as opposed to making matters worse. This applies equally to public authorities such as the police as it does to private individuals.’

Full Story

UK Human Rights Blog, 11th November 2024

Source: ukhumanrightsblog.com

Housing case law: September & October 2024 – Local Government Lawyer

Posted November 8th, 2024 in appeals, houses in multiple occupation, housing, landlord & tenant, local government, news, repairs, Supreme Court by tracey

‘Natalie Hurst and Jane Goodier round up the latest housing law cases and court decisions of interest to housing associations and local authorities.’

Full Story

Local Government Lawyer, 5th November 2024

Source: www.localgovernmentlawyer.co.uk

EXTRADITION: An Introduction – 5SAH

Posted November 1st, 2024 in chambers articles, disclosure, extradition, freedom of expression, human rights, international law, news, Russia, spying, Supreme Court, Ukraine, war by tracey

‘Extradition is a tool that allows countries to stretch law enforcement beyond its borders. It can be used to promote international co-operation and positive relations between states, but it can also give rise to power struggles and be used as an instrument for political gains. As such, extradition occupies a unique space, creating a tension between upholding human rights, resisting political interference and upholding international treaty obligations. In this extradition article, the team at 5SAH looks back at the key moments in extradition law from the last 12 months and looks forward to what might be on the horizon.’

Full Story

5SAH , 21st October 2024

Source: www.5sah.co.uk

Elizabeth Adams: The Judicial Approach to the Judicial Discretion under s.4 HRA in Secretary of State for Business and Trade v Mercer [2024] UKSC 12 – UK Constitutional Law Association

Posted October 28th, 2024 in declarations of incompatibility, human rights, judiciary, news, Supreme Court by tracey

‘In Secretary of State for Business and Trade v Mercer [2024] UKSC 12 (Mercer), the Supreme Court was confronted with whether and how to exercise its powers under sections 3 and 4 of the HRA 1998. This blog post will focus on assessing how the Supreme Court approached the judicial discretion to grant a declaration of incompatibility under section 4 HRA (s.4). Section 4 states that if the court is satisfied that the provision is incompatible with a Convention right, it may make a declaration of that incompatibility – “may” demonstrates the judicial discretion at the core of the mechanism.’

Full Story

UK Constitutional Law Association, 28th October 2024

Source: ukconstitutionallaw.org

Supreme Court: clients must agree specific costs deductions – Legal Futures

Posted October 25th, 2024 in appeals, costs, damages, fees, law firms, news, solicitors, Supreme Court by sally

‘Solicitors cannot deduct their costs from a client’s damages without their agreement to the precise amount, the Supreme Court ruled today.’

Full Story

Legal Futures, 23rd October 2024

Source: www.legalfutures.co.uk

Extra time – Kingsley Napley Employment Law Blog

Posted October 24th, 2024 in appeals, chambers articles, employment, news, Supreme Court, taxation by sally

‘Waqar Shah and Andy Norris analyse the latest decision of the Supreme Court in the case of Professional Game Match Officials Ltd, which has been referred back to the First-tier Tribunal.’

Full Story

Kingsley Napley Employment Law Blog, 22nd October 2024

Source: www.kingsleynapley.co.uk