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 sally

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

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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.’

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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 sally

‘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.’

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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 sally

‘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.’

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UK Human Rights Blog, 11th November 2024

Source: ukhumanrightsblog.com

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

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

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Local Government Lawyer, 5th November 2024

Source: www.localgovernmentlawyer.co.uk

EXTRADITION: An Introduction – 5SAH

‘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.’

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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 sally

‘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.’

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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.’

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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.’

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Kingsley Napley Employment Law Blog, 22nd October 2024

Source: www.kingsleynapley.co.uk

EXTRADITION: An Introduction – 5SAH

‘5SAH Chambers provides an overview of Extradition & International Law for Chambers & Partners.’

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5SAH, 21st October 2024

Source: www.5sah.co.uk

Supreme Court clarifies suitable alternative remedies to judicial review – OUT-LAW.com

Posted October 22nd, 2024 in appeals, human rights, judicial review, news, Northern Ireland, nuisance, Supreme Court by sally

‘The UK Supreme Court has made it clear that judicial review is generally available to hold regulators to account and ensure they fulfil their functions.’

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OUT-LAW.com, 21st October 2024

Source: www.pinsentmasons.com

Booking referees: Supreme Court rules on employment status of part-time football officials – Employment & Discrimination Blog, 12 King’s Bench Walk

Posted October 16th, 2024 in appeals, chambers articles, employment, news, sport, Supreme Court by sally

‘The case concerned the employment status of part-time football referees who officiated professional football matches in the English Football League.’

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Employment & Discrimination Blog, 12 King's Bench Walk, 12th October 2024

Source: 12kbwemploymentlaw.wordpress.com

Lord Hodge – The Supreme Court fifteen years on: continuity and change – Supreme Court

Posted October 15th, 2024 in judges, news, speeches, Supreme Court by sally

‘Lecture at the UK Supreme Court’s 15th Anniversary event at the Senedd, Cardiff, 11 October, 2024.’

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Supreme Court, 11th October 2024

Source: www.supremecourt.uk

Lord Leggatt The Free Sea – Supreme Court

Posted October 15th, 2024 in judges, news, speeches, Supreme Court, universities by sally

‘Address at the Opening Ceremony for the Advanced LLM Programme, University of Leiden, September 2024.’

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Supreme Court, 11th October 2024

Source: www.supremecourt.uk

Lord Reed – Asset Recovery and the Rule of Law – Supreme Court

Posted October 14th, 2024 in assets recovery, judges, news, Privy Council, speeches, Supreme Court by sally

Lord Reed – Asset Recovery and the Rule of Law, Caribbean Judicial Civil Recovery Conference, Miami 3 September 2024

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Supreme Court, 3rd September 2024

Source: www.supremecourt.uk

Wild camping legal challenge goes to Supreme Court – BBC News

Posted October 9th, 2024 in appeals, commons, news, Supreme Court by sally

‘A long-running legal challenge over the right to wild camp on Dartmoor is being heard at the Supreme Court in London.’

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BBC News, 8th October 2024

Source: www.bbc.co.uk

Supreme Court emphasises need to consider ‘framework of control’ for employment status – OUT-LAW.com

Posted September 23rd, 2024 in contract of employment, employment, income tax, news, sport, Supreme Court by sally

‘A recent UK Supreme Court judgement emphasises the complexities around the question of “control” when determining employment tax status, an expert has said.’

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OUT-LAW.com, 20th September 2024

Source: www.pinsentmasons.com

Granting injunctions against ‘newcomers’ — practical guidance from property litigators – Local Government Lawyer

Posted September 13th, 2024 in appeals, injunctions, local government, news, Supreme Court, travellers by sally

‘The Supreme Court’s decision in Anglo International Upholland Ltd v Wainwright [2023] 5 WLUK 613 confirmed the court’s power to grant injunctions against so-called “newcomers”. In the second of two articles, Helena Davies, Oskar Musial, Laura Tweedy and Gemma de Cordova consider the recent developments in newcomer injunctions and how that was dealt with in Upholland.’

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Local Government Lawyer, 12th September 2024

Source: www.localgovernmentlawyer.co.uk

Supreme Court hands down significant judgment on statutory interpretation and the “right to manage” regime – Landmark Chambers

‘Today [16 August], the Supreme Court has handed down a significant judgment in the second ever “leapfrog” appeal from the Upper Tribunal: A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd [2024] UKSC 27. The appeal concerns an issue of statutory interpretation that frequently arises across all areas of the law: where a statute lays down a procedural framework for exercising a statutory right, but is silent as to the consequences of a failure to comply with that framework, how should the court ascertain what Parliament intended should follow from the non-compliance?’

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Landmark Chambers, 16th August 2024

Source: landmarkchambers.co.uk

Judges have refused to save Shamima Begum. Labour should bring her back to the UK to face justice – The Guardian

‘Stripping her of her citizenship was a political act by a bullying home secretary. Keir Starmer’s government can right that wrong.’

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The Guardian, 8th August 2024

Source: www.theguardian.com