Law in a Time of Crisis by Jonathan Sumption review – beyond the lockdown sceptic – The Guardian
‘The former judge and renowned historian loses his cool on Covid and the culture wars.’
The Guardian, 3rd March 2021
Source: www.theguardian.com
Category: Supreme Court
Supreme Court to hear appeal next week over timing of judicial review challenges to neighbourhood development orders – Local Government Lawyer
‘The Supreme Court will next week consider whether section 61N of the Town and Country Planning Act 1990, which deals with legal challenges to neighbourhood development orders, should be interpreted to mean that the appellant’s application for judicial review was made out of time.’
Local Government Lawyer, 2nd March 2021
Source: www.localgovernmentlawyer.co.uk
Regulation is not an À la Carte menu: insights from the Uber judgment – by Valerio De Stefano – UK Labour Law
‘If we had to pick one among the many enlightening statements from the UK Supreme Court’s judgment in Uber, it would be this. It perfectly captures both the gist of the case at hand and the substance of the whole global debate on platform work. From the outset, the narrative driven by platforms was based on the notion that they were something entirely new in our societies. They were introducing entirely novel work models, made possible by technology, which could not be subject to the same regulation that traditional businesses had to observe. Their business model was not compatible with existing labour protection systems, and they would be instead the best positioned to determine which kind of protection they could grant to workers (only – they would not call them “workers”, but “drivers”, “partners”, “taskers”, “riders”, etc.).’
UK Labour Law, 2nd March 2021
Source: uklabourlawblog.com
Case Comment: T W Logistics Ltd v Essex County Council & another [2021] UKSC 4 – UKSC Blog
‘In this post, Jessica Eaton, who is a trainee solicitor at CMS, comments on the unanimous decision handed down in February 2021 by the UK Supreme Court in the case of TW Logistics Ltd v Essex County Council and Anor [2021] UKSC 4.’
UKSC Blog, 2nd March 2021
Source: ukscblog.com
Supreme Court: Shamima Begum may be barred from UK – UK Human Rights Blog
‘Since 2019 when Shamima Begum was found in a camp in north Syria, her hopes of returning to the UK have ebbed and flowed (see here and here). Stripped of her British citizenship, she brought three sets of legal proceedings. Last week, after a ruling by the Supreme Court, her hopes receded once more. The Home Secretary was entitled to refuse her entry to the UK to pursue her appeal against the loss of citizenship, the Court ruled. So, Ms Begum’s appeal has been stayed, pending some change in her circumstances which will enable her to participate in a hearing – albeit from outside the UK.’
UK Human Rights Blog, 1st March 2021
Source: ukhumanrightsblog.com
Shamima Begum: Isis member loses Supreme Court battle to return to UK – The Independent
‘Shamima Begum has lost her legal battle attempting to return to the UK to fight for her British citizenship. The Supreme Court found that the former Isis member did not need to be in the country to have a “fair and effective appeal”, overturning a previous ruling by the Court of Appeal.’
The Independent, 26th February 2021
Source: www.independent.co.uk
Chelsea Brooke-Ward discusses: Uber BV and others v Aslam and Others – Park Square Barristers
‘In a landmark decision the Supreme Court has ruled that The Central London Employment Tribunal, and the Court of Appeal were correct to find that the Claimant Uber drivers were “workers”, rather than independent contractors. ‘Whether a contract is a ‘worker’s contract’ is a matter of statutory interpretation, not contractual interpretation. That involves taking a purposive approach which, in the employment context, is to protect those who are vulnerable as a result of their subordination to, and dependence upon, another person in relation to their work. In the case of Uber, the employment tribunal’s findings on the relative degree of control exercised by Uber and drivers respectively over the service provided to passengers justified its conclusion that the drivers were workers,’ according to the Supreme Court.’
Park Square Barristers, 24th February 2021
Source: www.parksquarebarristers.co.uk
Uber BV v Aslam and Others – Old Square Chambers
‘In a landmark judgment which will have wide-ranging implications for workers and employers in the gig economy, the Supreme Court has upheld an employment tribunal’s decision that Uber drivers were workers and therefore entitled to the minimum wage, statutory annual leave and protection from detriment under the Employment Rights Act 1996.’
Old Square Chambers, 19th February 2021
Source: oldsquare.co.uk
Case Preview: Balhousie Holdings Ltd v Commissioners for Her Majesty’s Revenue & Customs (Scotland) – UKSC Blog
‘In this post, Jacob Gilkes, a member of the tax team at CMS, previews the decision awaited from the UK Supreme Court in the matter of Balhousie Holdings Limited v The Commissioners for Her Majesty’s Revenue & Customs, which concerns whether a sale and leaseback transaction should be regarded for VAT purposes as a disposal by the seller of its “entire interest” in the building.’
UKSC Blog, 25th February 2021
Source: ukscblog.com
Case Comment: R (on the application of KBR, Inc) v Director of the Serious Fraud Office – UKSC Blog
In this post, Omar Qureshi, Eoin O’Shea, Amy Wilkinson and Karishma Gadhia, who all work at CMS and have a special interest in corporate crime matters, comment on the decision handed down by the UK Supreme Court earlier this month in the matter R (on the application of KBR, Inc) v Director of the Serious Fraud Office [2021] UKSC 2, which concerned whether the Director of the Serious Fraud Office can issue a notice pursuant to section 2(3) of the Criminal Justice 1987 requiring a foreigner to produce material held overseas.
UKSC Blog, 24th February 2021
Source: ukscblog.com
Uber accused of trying to deter drivers from seeking compensation – The Guardian
‘Uber has been accused of trying to deter drivers from seeking compensation for missed holiday and minimum wage payments after a landmark court ruling.’
The Guardian, 22nd February 2021
Source: www.theguardian.com
Uber drivers “set for £12k awards” after Supreme Court ruling – Litigation Futures
‘Tens of thousands of Uber drivers could be entitled to £12,000 in compensation, lawyers said today after the Supreme Court ruled they should be classed as workers.’
Litigation futures, 19th February 2021
Source: www.litigationfutures.com
Supreme Court Shell ruling “big step forward” for access to justice – Litigation Futures
‘Campaigners have welcomed Friday’s Supreme Court ruling on claims brought by the victims of oil pollution in the Niger Delta as a major step forward for those seeking access to justice for corporate abuses.’
Litigation Futures, 15th February 2021
Source: www.litigationfutures.com
Supreme Court’s village green ruling leaves uncertainties – Law Society’s Gazette
‘A Supreme Court ruling on the status of privately owned land classified as a town or village green (TVG) does not clear up a fundamental general principle, a planning expert has said. The ruling in T W Logistics Ltd v Essex County Council and Ian Tucker, rejected a landowner’s appeal against the registration of a piece of land.’
Law Society's Gazette, 15th February 2021
Source: www.lawgazette.co.uk
Supreme Court upholds registration of land in working port as town and village green – Local Government Lawyer
‘An area of concrete in a working commercial port was validly registered by a county council as a town and village green, the Supreme Court has ruled.’
Local Government Lawyer, 12th February 2021
Source: www.localgovernmentlawyer.co.uk
New Judgment: TW Logistics Ltd v Essex County Council & Anor [2021] UKSC 4 – UKSC Blog
‘This case concerns the registration of land as a town and village green. The use of the phrase “town or village green” (“TVG”) conjures up a bucolic image of an area of grass where local inhabitants can walk and play. However, the land in this case is an area of concrete (the “Land”) in a working commercial port. The question for the Supreme Court is, has the Land been validly registered as a TVG?’
UKSC Blog, 12th February 2021
Source: ukscblog.com
Case Preview: R (on the application of A) v Secretary of State for the Home Department – UKSC Blog
‘On 10 February, the Supreme Court will hear the appeal in R (A) v SSHD. The case concerns the legality of guidance issued under the Multi Agency Public Protection Arrangements (“MAPPA”).’
UKSC Blog, 8th February 2021
Source: ukscblog.com
Case Comment: Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48 – UKSC Blog
‘In this post, Neil Newing and Olivia Flasch who both practice at Signature Litigation, comment upon the decision handed down by the UK Supreme Court in the matter of Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48. They ask: is the decision a missed opportunity?’
UKSC Blog, 2nd February 2021
Source: ukscblog.com
Reflections on Maughan: disclosure in inquests – Henderson Chambers
‘Inquests are not adversarial proceedings. However, the Supreme Court decision in Maughan (lowering the standard of proof for an inquest conclusion of ‘unlawful killing’ to the balance of probabilities) has left practitioners concerned about the ability of the coronial process to protect Interested Persons (“IPs”) from the serious reputational damage such a conclusion will inevitably cause. This article looks at one critical part of the process, namely disclosure.’
Henderson Chambers, 19th January 2021
Source: www.hendersonchambers.co.uk
