Category: Supreme Court

Intervening but overcrowded accommodation – Nearly Legal

Posted December 3rd, 2020 in appeals, homelessness, housing, local government, news, Supreme Court by sally

‘Bullale v City of Westminster Council [2020] EWCA Civ 1587. An important Court of Appeal judgment on when intervening accommodation is settled so as to end the effect of a previous finding of intentional homelessness, including a careful revision of Doka v Southwark London Borough Council [2017] H.L.R. 786 (our report here) in view of the Supreme Court’s statement when refusing permission to appeal.’

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Nearly Legal, 1st December 2020

Source: nearlylegal.co.uk

Nicholas Reed Langen: Reforming the Supreme Court – UK Constitutional Law Association

Posted December 3rd, 2020 in constitutional law, diversity, judiciary, news, Supreme Court by sally

‘Fresh from inaugurating its Independent Review of Administrative Law, this government is still not finished with the judiciary, at least according to recent policy proposals leaked to the Sunday Telegraph. Downing Street has also turned its eye onto the Supreme Court and its structure and composition.’

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UK Constitutional Law Association, 1st December 2020

Source: ukconstitutionallaw.org

New criminal record disclosure rules take effect – UK Human Rights Blog

Posted December 2nd, 2020 in appeals, criminal records, disclosure, employment, human rights, news, recidivists, rehabilitation, Supreme Court, young offenders by sally

‘On the 28th November 2020, The Police Act 1997 (Criminal Record Certificates: Relevant Matters) (Amendment) (England and Wales) Order 2020 (“the Order”) came into force, implementing important changes to the criminal records disclosure rules in England and Wales.’

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UK Human Rights Blog, 1st December 2020

Source: ukhumanrightsblog.com

International community “will see Halliburton ruling as protecting Bar” – Litigation Futures

Posted November 30th, 2020 in accidents, appeals, arbitration, barristers, bias, damages, disclosure, environmental health, insurance, news, solicitors, Supreme Court by sally

‘The Supreme Court’s decision not to remove a QC from an arbitration will reinforce the international perception that members of the English Bar are being protected, a solicitor has claimed.’

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Litigation Futures, 30th November 2020

Source: www.litigationfutures.com

New Judgment: Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48 – UKSC Blog

Posted November 30th, 2020 in accidents, appeals, arbitration, bias, damages, disclosure, environmental health, insurance, news, Supreme Court by sally

‘The Supreme Court has unanimously dismissed this appeal addressing when an arbitrator should make disclosure of circumstances which may give rise to justifiable doubts as to his impartiality.’

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UKSC Blog, 27th November 2020

Source: ukscblog.com

New Judgment: Commissioners for Her Majesty’s Revenue & Customs v London Clubs Management Ltd [2020] UKSC 49 – UKSC Blog

Posted November 30th, 2020 in appeals, gambling, news, statutory interpretation, Supreme Court by sally

‘The Supreme Court has unanimously dismissed this appeal concerning the correct approach as to determining the value of non-negotiable chips for the purpose of calculating gaming duty.’

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UKSC Blog, 27th November 2020

Source: ukscblog.com

Successful insurers’ A1P1 claim concerning benefits reimbursement in asbestos claims – UK Human Rights Blog

Posted November 27th, 2020 in asbestos, benefits, cancer, compensation, damages, employment, government departments, human rights, industrial injuries, insurance, negligence, news, personal injuries, Supreme Court by sally

‘R (o.t.a of Aviva & Swiss Re) v. Secretary of State for Work and Pensions [2020] EWHC 3118 (Admin). At first sight, a rather abstruse dispute, but the 63 page judgment of Henshaw J gives rise to a host of important and difficult human rights points. But his central conclusion is that a statute which was not challengeable at the time of its enactment became so, because of the subsequent evolution of the law, principally common law, to the detriment of insurers.’

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UK Human Rights Blog, 25th November 2020

Source: ukhumanrightsblog.com

Supreme Court reduces standard of proof for suicide and unlawful killing in inquest conclusions – Park Square Barristers

Posted November 25th, 2020 in appeals, chambers articles, death in custody, inquests, mental health, news, prisons, standard of proof, suicide, Supreme Court, unlawful killing by sally

‘The Supreme Court has on 13 November 2020 handed down the judgment in this case concerning the appropriate standard of proof for conclusions at inquests.’

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Park Square Barristers, 13th November 2020

Source: www.parksquarebarristers.co.uk

New Judgment: Test Claimants in the Franked Investment Income Group Litigation & Ors v Commissioners of Inland Revenue (1) [2020] UKSC 47 – UKSC Blog

Posted November 23rd, 2020 in appeals, corporation tax, EC law, news, statutory interpretation, Supreme Court, taxation by sally

‘The Supreme Court has unanimously allowed this long-awaited appeal arising in the course of long-running proceedings known as the Franked Investment Income (“FII”) Group Litigation. The FII Group Litigation brings together many claims concerning the way in which advance corporation tax and corporation tax used to be charged on dividends received by UK-resident companies from non-resident subsidiaries. The respondents to this appeal are claimants within the FII Group Litigation whose cases have been selected to proceed as test claims on certain common issues (“the Test Claimants”). These issues are being determined in phases, with the courts’ decisions affecting not just the other claims within the FII Group Litigation, but potentially also a number of other sets of proceedings brought by corporate taxpayers against the appellant, the Commissioners for Her Majesty’s Revenue and Customs (“HMRC”).’

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UKSC Blog, 20th November 2020

Source: ukscblog.com

Deprivation of liberty: Unlawful placements of children – Transparency Project

Posted November 23rd, 2020 in appeals, children, detention, jurisdiction, local government, mental health, news, statutory interpretation, Supreme Court, Wales by sally

‘Can an English family court order the unlawful detention of a Welsh child?’

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Transparency Project, 22nd November 2020

Source: www.transparencyproject.org.uk

Shamima Begum: Justice and the jihadi bride – BBC News

Posted November 23rd, 2020 in appeals, children, citizenship, government departments, Islam, news, Supreme Court, terrorism by sally

‘Shamima Begum ran away to Syria as a 15-year-old to join the self-proclaimed Islamic State. But when the terror group was defeated, she ended up in a refugee camp in Syria.’

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BBC News, 22nd November 2020

Source: www.bbc.co.uk

The government and the judges – Counsel

Posted November 19th, 2020 in constitutional law, judiciary, news, parliament, Supreme Court by sally

‘Zealots bent on upsetting the constitutional applecart or the only friends we have? And what is the alternative? Thomas Grant QC takes a look at the Independent Review of Administrative Law, its context and the charges against the senior judiciary.’

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Counsel, November 2020

Source: www.counselmagazine.co.uk

More Likely Than Not: The Civil Standard of Proof Applies to All Short-Form and Narrative Conclusions at Inquests – Ropewalk Chambers

Posted November 19th, 2020 in coroners, inquests, news, standard of proof, suicide, Supreme Court, verdicts by sally

‘By a majority of three to two, the Supreme Court has held that the standard of proof for findings of suicide and unlawful killing at an inquest is the balance of probabilities: R (Maughan) v Her Majesty’s Senior Coroner for Oxfordshire [2020]
UKSC 46.’

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Ropewalk Chambers, 16th November 2020

Source: www.ropewalk.co.uk

Land-use Conflict – Supreme Court Rules on the Discharge of Restrictive Covenants: Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd [2020] UKSC 45 – 39 Essex Chambers

Posted November 18th, 2020 in appeals, cancer, chambers articles, children, housing, news, planning, privacy, public interest, restrictive covenants, Supreme Court, tribunals by sally

‘The appeal in Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd [2020] UKSC 45 was the first time that either the Supreme Court or the House of Lords had considered the Upper Tribunal’s power to discharge or modify restrictive covenants affecting land under section 84 of the Law of Property Act 1925. The case confirms important principles affecting the interplay between private law property rights, planning and land use. Lord Burrows, giving the only substantive judgment of the Supreme Court, agreed with the Court of Appeal that the Upper Tribunal’s decision was wrong, but disagreed in a number of important respects with the speech of Sales LJ (as he then was) in the Court of Appeal ([2018] EWCA Civ 2679). For a number of reasons, it is likely that we shall be reading and re-reading this Supreme Court decision for many years to come.’

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39 Essex Chambers, 9th November 2020

Source: www.39essex.com

Supreme Court lowers standard of proof for inquests – Law Society’s Gazette

Posted November 17th, 2020 in coroners, inquests, news, standard of proof, suicide, Supreme Court, verdicts by sally

‘The Supreme Court has today lowered the standard of proof for all conclusions in inquest proceedings, including unlawful killing and suicide, in a decision that could have wide-reaching implications for the recording of deaths in England and Wales.’

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Law Society's Gazette, 13th November 2020

Source: www.lawgazette.co.uk

Case Comment: R (on the application of Maughan) v HM Senior Coroner for Oxfordshire [2020] UKSC 46 – UKSC Blog

Posted November 17th, 2020 in coroners, inquests, news, suicide, Supreme Court, verdicts by sally

‘The Supreme Court has given judgment in R (on the application of Maughan) v HM Senior Coroner for Oxfordshire [2020] UKSC 46, a case dealing with the applicable standard of proof for reaching a narrative verdict of suicide or unlawful killing. A detailed case preview by my colleague Tim James-Matthews is available here, as a useful starting point for the issues arising in the appeal. By a 3-2 majority (with Lady Arden giving the leading judgment), the Supreme Court dismissed the appeal, holding that the applicable standard of proof is the civil standard (i.e. the balance of probabilities). Lord Kerr gave the dissenting judgment, with which Lord Reed agreed: they would both have allowed the appeal.’

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UKSC Blog, 16th November 2020

Source: ukscblog.com

Positive action and proportionality: Supreme Court guidance in Agudas Israel Housing Association – Cloisters

Posted November 16th, 2020 in appeals, chambers articles, equality, housing, human rights, Judaism, local government, London, news, proportionality, race discrimination, religious discrimination, Supreme Court by sally

‘In R (on the application of Z and another) (AP) (Appellants) v Hackney London Borough Council and another (Respondents) UKSC 2019/0162, the Supreme Court held that it was lawful for a housing association to provide social housing only to Orthodox Jews, in its first ever ruling on positive action. In this blog, Charlotte Goodman, an equality law barrister at Cloisters, considers the importance of the judgment.’

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Cloisters, 6th November 2020

Source: www.cloisters.com

Vigilante justice: is evidence obtained by ‘paedophile hunter’ groups admissible in criminal proceedings? – 2 Hare Court

Posted November 16th, 2020 in appeals, chambers articles, child abuse, children, criminal justice, evidence, human rights, internet, news, privacy, sexual offences, Supreme Court by sally

‘On 15 July 2020 the Supreme Court handed down its findings in Sutherland (Appellant) v Her Majesty’s Advocate (Respondent) (Scotland) [2020] UKSC 32.’

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2 Hare Court, 2nd November 2020

Source: www.2harecourt.com

New Judgment: R (on the application of Maughan) v Her Majesty’s Senior Coroner for Oxfordshire [2020] UKSC 46 – UKSC Blog

Posted November 16th, 2020 in appeals, coroners, inquests, judicial review, Ministry of Justice, news, standard of proof, suicide, Supreme Court, unlawful killing by sally

‘By a majority the Supreme Court has dismissed this appeal concerning the standard of proof, or degree of conclusivity, required for the determination of the result of an inquest into a death where the question is whether the deceased committed suicide.’

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UKSC Blog, 13th November 2020

Source: ukscblog.com

Maughan: Suicide and Unlawful Killing Conclusions in Inquests – UK Human Rights Blog

Posted November 16th, 2020 in appeals, coroners, inquests, news, standard of proof, suicide, Supreme Court, unlawful killing by sally

‘The Supreme Court has now issued its judgment in this important case for Coroners and inquests dealing with the standard of proof to be applied where the death might have been caused by suicide or unlawful killing.’

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UK Human Rights Blog, 13th November 2020

Source: ukhumanrightsblog.com