UK supreme court backs housing charity’s ‘Jewish only’ rule – The Guardian

‘A woman seeking housing in east London who alleged racial discrimination when a housing charity reserved its properties for Orthodox Jewish people has lost her case at the supreme court.’

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The Guardian, 16th October 2020

Source: www.theguardian.com

Court of Appeal to have power to depart from EU law – Litigation Futures

Posted October 19th, 2020 in appeals, brexit, courts, EC law, Ministry of Justice, news, Supreme Court by sally

‘The Ministry of Justice (MoJ) is to allow the Court of Appeal as well as the Supreme Court to depart from European Union case law from next year, despite the opposition of a majority of respondents to a consultation.’

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Litigation Futures, 19th October 2020

Source: www.litigationfutures.com

New Judgment: Enka Insaat Ve Sanayi A.S. v OOO Insurance Company Chubb [2020] UKSC 38 – UKSC Blog

‘The central issue on this appeal is how the governing law of an arbitration agreement is to be determined when the law applicable to the contract containing it differs from the law of the “seat” of the arbitration, the place chosen for the arbitration in the arbitration agreement.’

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UKSC Blog, 9th October 2020

Source: ukscblog.com

Supreme Court President Lord Reed wants more diversity in Supreme Court – BBC News

‘The new Supreme Court president says he hopes a justice from an ethnic minority background will be appointed before his retirement in six years’ time. Lord Reed said the lack of diversity among the 12 Supreme Court justices was a situation “which cannot be allowed to become shameful if it persists”.’

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BBC News, 5th October 2020

Source: www.bbc.co.uk

Sudden increase in successful appeals to Supreme Court – Litigation Futures

Posted September 24th, 2020 in appeals, news, reports, statistics, Supreme Court by sally

‘There was a sharp increase in successful appeals to the Supreme Court last year, its annual report has revealed.’

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Litigation Futures, 23rd September 2020

Source: www.litigationfutures.com

The Supreme Court’s decision in Unwired Planet – what comes next? – Competition Bulletin from Blackstone Chambers

‘The UK Supreme Court has handed down its long-awaited judgment in Unwired Planet. Its decision has profound implications for patent owners and implementers alike and is likely to lead to heavily contested jurisdictional disputes going forward.’

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Competition Bulletin from Blackstone Chambers, 15th September 2020

Source: competitionbulletin.com

The Supreme Court’s decision in Unwired Planet – what comes next? – Competition Bulletin from Blackstone Chambers

‘The UK Supreme Court has handed down its long-awaited judgment in Unwired Planet. Its decision has profound implications for patent owners and implementers alike and is likely to lead to heavily contested jurisdictional disputes going forward.’

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Competition Bulletin from Blackstone Chambers, 15th September

Source: competitionbulletin.com

FCA Covid-19 test case headed for Supreme Court, lawyers predict – Litigation Futures

Posted September 16th, 2020 in appeals, Commercial Court, coronavirus, insurance, news, Supreme Court by michael

‘Lawyers are already predicting a leapfrogged appeal to the Supreme Court after the High Court handed down its ruling in the Financial Conduct Authority’s (FCA) business interruption insurance test case.’

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Litigation Futures, 15th September 2020

Source: www.litigationfutures.com

Data protection representative actions consultation opened – OUT-LAW.com

‘The UK government is considering whether to allow non-profit organisations to make data protection regulatory complaints and bring court claims on behalf of individuals without their consent.’

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OUT-LAW.com, 14th September 2020

Source: www.pinsentmasons.com

Kenneth Armstrong: Can the UK Breach the Withdrawal Agreement and Get Away With It? – the United Kingdom Internal Market Bill – UK Constitutional Law Association

‘Can the UK Breach the Withdrawal Agreement and Get Away With It? – the United Kingdom Internal Market Bill.’

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UK Constitutional Law Association, 9th September 2020

Source: ukconstitutionallaw.org

Case Comment: Sevilleja v Marex Financial Ltd [2020] UKSC 31 – UKSC Blog

Posted September 4th, 2020 in appeals, company law, damages, debts, insolvency, news, shareholders, Supreme Court, third parties by sally

‘In this case comment, David Bridge and Jessica Foley, both solicitor-advocates within the CMS litigation & arbitration team, comment on the decision handed down by the UK Supreme Court earlier this summer in the matter of Sevilleja v Marex Financial Ltd [2020] UKSC 31, which concerned whether the rule against reflective loss bars creditors of a company from claiming directly against a third party for asset-stripping the company.’

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UKSC Blog, 4th September 2020

Source: ukscblog.com

Case Comment: Sutherland v Her Majesty’s Advocate (Scotland) [2020] UKSC 32 – UKSC Blog

Posted September 3rd, 2020 in evidence, human rights, internet, news, privacy, Scotland, sexual offences, Supreme Court by sally

‘In this post, Joanna Clark and Emma Ainsley of CMS discuss the judgment handed down by the UK Supreme Court on 15 July 2020 in a referral from the High Court of Justiciary, the Scottish criminal appeal court, in the matter of Sutherland v Her Majesty’s Advocate [2020] UKSC 32 concerning the admissibility of evidence obtained by so-called “paedophile hunter” groups in criminal trials.’

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UKSC Blog, 1st September 2020

Source: ukscblog.com

‘Lawful object’ – Section 4(1) of the Explosive Substances Act 1883 – KCH Garden Sq

‘On the 11 March 2020 the Supreme Court gave their judgment in the case of R v Copeland [2020] UKSC 8. This case concerned the interpretation of the Explosive Substances Act 1883 (‘the Act’), section 4(1). This provides that anyone who makes or has in their possession explosive substances is liable to prosecution unless they can show it was ‘for a lawful object’. Specifically, the Court considered the meaning of what constituted ‘a lawful object’ and the case is likely to be of some interest to those involved in counter-terrorism matters.’

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KCH Garden Sq, August 2020

Source: kchgardensquare.co.uk

‘Fair and reasonable’ telecom IP ruling is boost for UK courts – Law Society’s Gazette

‘Long-awaited Supreme Court rulings on mobile phone patents will boost the UK’s position as a forum for resolving global IP licensing disputes, specialist lawyers said today.’

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Law Society's Gazette, 26th August 2020

Source: www.lawgazette.co.uk

UK supreme court ruling clears way for Isis pair to be tried in US – The Guardian

‘A US trial of two members of Islamic State accused of taking part in the beheading of hostages appears likely to go ahead, following a legal ruling that allows the UK to share evidence with US prosecutors.’

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The Guardian, 26th August 2020

Source: www.theguardian.com

New Judgment: Unwired Planet International Ltd and another) v Huawei Technologies (UK) Co Ltd and another [2020] UKSC 37 – UKSC Blog

‘This appeal discusses whether the English court has the power or jurisdiction, or is it a proper exercise of any such power or jurisdiction without the parties’ agreement:

– to grant an injunction restraining infringement of a UK SEP unless the defendant enters into a global licence under a multinational patent portfolio;
– to determine the rates/terms for such a licence; and
– to declare that such rates/terms are FRAND?’

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UKSC Blog, 26th August 2020

Source: ukscblog.com

New Judgment: Commissioners for HMRC v Parry & Ors [2020] UKSC 35 – UKSC Blog

Posted August 20th, 2020 in inheritance tax, news, pensions, statutory interpretation, Supreme Court by sally

‘This appeal was about whether the pension scheme transfer by the late Mrs Staveley, and her omission to take income benefits which were then payable, constituted, or are to be treated as constituting, for the purposes of the Inheritance Tax 1984 a “disposition” which is a “transfer of value” in favour of her sons, who were to be the beneficiaries of the death benefit.’

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UKSC Blog, 19th August 2020

Source: ukscblog.com

New Judgment: Peninsula Securities Ltd v Dunnes Stores (Bangor) Ltd (Northern Ireland) [2020] UKSC 36 – UKSC Blog

‘The appeal related to a restrictive covenant given by the developer of a shopping centre in a lease that it granted to a retailer over part of the centre. In giving the covenant the developer and later Peninsula each undertook not to allow any substantial shop to be built on the rest of the centre in competition with the Dunnes. Peninsula then argued that the covenant engaged the doctrine of restraint of trade; that it was unreasonable; and that it was therefore unenforceable. The appeal to the Supreme Court concerned whether the covenant engages the doctrine.’

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UKSC Blog, 19th August 2020

Source: ukscblog.com

Law Society warns of “havoc” if courts depart from EU law – Litigation Futures

Posted August 20th, 2020 in brexit, consultations, EC law, news, precedent, Supreme Court by sally

‘The Law Society has warned of “legal havoc” if the High Court and Court of Appeal, as well as the Supreme Court, are allowed to depart from EU case law after the Brexit transition period.’

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Litigation Futures, 18th August 2020

Source: www.litigationfutures.com

Case Comment: R v Adams (Northern Ireland) [2020] UKSC 19 – UKSC Blog

‘On 13 May 2020, the Supreme Court handed down judgment in the case of R v Adams (Appellant) (Northern Ireland) [2020] UKSC 19. The case, on appeal from the judgment of the Court of Appeal of Northern Ireland [2018] NICA 8, concerned the challenge by Gerry Adams, former leader of Sinn Féin, to his convictions for attempted escape from the Maze Prison (also known as Long Kesh) in Belfast in the early 1970s. The issue in the case was whether the order pursuant to which Mr Adams was interned in the Maze was valid, given that it had been made by the Minister of State for Northern Ireland and had not been considered personally by the Secretary of State for Northern Ireland himself. The Supreme Court held that it was not valid, that Mr Adams had therefore not been detained lawfully, and consequently, that he had been wrongly convicted of attempting to escape from lawful custody. The Supreme Court duly quashed Mr Adams’ convictions.’

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UKSC Blog, 18th August 2020

Source: ukscblog.com