‘Martin Downs analyses the Supreme Court’s judgment on the use of the inherent jurisdiction to authorise the deprivation of liberty of children in alternative restrictive placements by a local authority in cases where an approved secure children’s home is unavailable.’
Local Government Lawyer, 13th August 2021
Source: www.localgovernmentlawyer.co.uk
‘Kalonga, R (On the Application Of) v The London Borough of Croydon (2021) EWHC 2174 (Admin). While Croydon v Kalonga on terminating flexible tenancies during the fixed term is to be heard by the Supreme Court (our report on the Court of Appeal here), Ms Kalonga’s fixed term has come to an end and Croydon had served the requisite s.107D(3) notice stating their intention not to grant a further term. This was the circumstance that gave rise to this decision on preliminary issues in a judicial review.’
Nearly Legal, 8th August 2021
Source: nearlylegal.co.uk
‘The UK Supreme Court has upheld the quashing of a “follower notice” that would have required a taxpayer to settle his tax dispute on the basis of a ruling in a different tax case, or to face a large penalty if his dispute was ultimately unsuccessful.’
OUT-LAW.com, 6th August 2021
Source: www.pinsentmasons.com
‘In an important case for package travel claims, the Supreme Court has clarified that a broad approach should be taken to determining the scope of the services provided under a package holiday contract. The tour operator is liable for the performance of ancillary services which are necessary to provide a holiday of the required standard.’
Devereux Chambers, 3rd August 2021
Source: www.devereuxchambers.co.uk
‘Legislatures in London and Cardiff have long ago established the most detailed safeguards and systems of registration to protect young people placed in children’s homes – most especially where that involves depriving them of their liberty. At the same time, the administrations in both capitals have presided over a situation whereby there is a significant shortage of such registered accommodation. This has tended to provoke expressions of outrage by the Judiciary. One of these problem cases has reached the Supreme Court (T (A Child), Re [2021] UKSC 35).’
UK Human Rights Blog, 5th August 2021
Source: ukhumanrightsblog.com
‘Prosecutors are reviewing numerous Extinction Rebellion cases after a third protester in as many days had their conviction quashed.’
The Independent, 5th August 2021
Source: www.independent.co.uk
‘Policies are not law. Nevertheless, they play a large role in administrative law, providing clarity as to how a public authority will exercise a discretionary power. Policies can also be relevant considerations, create legitimate expectations, or require that an individual who falls within the scope of a policy should have that policy applied to them, unless there are good reasons not to do so. Public authorities may also be required to formulate or publish a policy setting out how discretion is exercised.’
UK Constitutional Law Association, 5th August 2021
Source: ukconstitutionallaw.org
‘In this post, Max Eshraghi, an associate working within the insurance team at CMS, comments on the decision handed down by the UK Supreme Court in the matter of Matthew and others v Sedman and others [2021] UKSC 19, which concerns the application of limitation timebar.’
UKSC Blog, 4th August 2021
Source: ukscblog.com
‘A British woman who was sexually assaulted by a hotel worker on a package holiday has won her Supreme Court appeal, in a judgment of “major importance to the travel industry”.’
Law Society's Gazette, 30th July 2021
Source: www.lawgazette.co.uk
‘The Supreme Court has unanimously allowed this appeal addressing whether a taxpayer is prevented from challenging the validity of an enquiry into their tax return by HMRC where both parties have proceeded, for nearly a decade, on the mistaken assumption that the enquiry was validly initiated by a letter sent to the taxpayer.’
UKSC Blog, 30th July 2021
Source: ukscblog.com
‘The Supreme Court unanimously allowed this appeal concerning whether a hotel employee working for the respondent was in breach of contract after having raped and assaulted the defendant, and/or gave rise to liability under the Contract and the Travel, Package Holidays and Package Tours Regulations 1992 (“the Regulations”).’
UKSC Blog, 30th July 2021
Source: ukscblog.com
‘The Supreme Court unanimously allowed this appeal concerning the legality of the Home Department’s regime that provides for determining the age of asylum seekers entering the UK.’
EIN Blog, 2nd August 2021
Source: www.ein.org.uk
‘The Supreme Court unanimously allowed this appeal concerning the legality of the Home Department’s regime that provides for determining the age of asylum seekers entering the UK.’
UKSC Blog, 30th July 2021
Source: ukscblog.com
‘The Supreme Court has unanimously dismissed this appeal concerning whether a claimant in statutory and judicial review cases who is unsuccessful at the permission stage should be liable for the costs of multiple other parties, including respondents and interested parties.’
UKSC Blog, 30th July 2021
Source: ukscblog.com
‘The Supreme Court has unanimously dismissed this appeal concerning the standards to be applied by a court on judicial review of the contents of a policy document or statement of practice issued by a public authority. It is one of two appeals heard by the same panel of five Justices examining similar issues. It should be read together with the Court’s judgment in R (on the application of BF (Eritrea)) v Secretary of State for the Home Department [2021] UKSC 38.’
UKSC Blog, 30th July 2021
Source: ukscblog.com
‘In Khan v Meadows [2021] UKSC 21 the Supreme Court has revisited the principles to be applied in “wrongful birth” claims: claims for the cost of bringing up a disabled child who would not have been born but for a doctor’s negligent medical advice/treatment. However, the judgment has implications beyond the world of clinical negligence litigation. The Supreme Court has taken the opportunity to clarify the components or ingredients of the tort of negligence more generally. In particular, the court has affirmed the importance of the “scope of duty” principle: a principle which limits the recoverability of damages wherever it applies.’
Quarterly Medical Law Review, 28th July 2021
Source: 1corqmlr.com
‘When the unanimous judgment in R (SC) v Secretary of State for Work and Pensions [2021] UKSC 26 was handed down, it felt like a bit of a sea change had occurred. We had seen indications that the Supreme Court were becoming increasingly concerned with the perception that they were interfering in political matters in the Begum [2021] UKSC 7 case. However, the decision in SC and in R (AB) v Secretary of State for Justice [2021] UKSC 28 (handed down on the same day) gave a warning from the President of the Supreme Court about “campaigning organisations” litigating what Lord Reed perceived to be failed political campaigning for the rights of children. His concern was that this, coupled with the wide discretion left to courts when considering ECHR obligations left courts vulnerable to undue interference in the sphere of political choices.’
Doughty Street Chambers, 27th July 2021
Source: insights.doughtystreet.co.uk
‘The following case analysis, produced by Mathias Cheung, in partnership with LexisNexis, discusses the recent Supreme Court judgment in Triple Point Technology, Inc v PTT Public Company Ltd [2021] UKSC 29 (16 July 2021).’
Atkin Chambers, 26th July 2021
Source: www.atkinchambers.com
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