Category: Supreme Court

New Judgment: R (Palestine Solidarity Campaign Ltd & Anor) v Secretary of State for Communities and Local Government [2020] UKSC 16 – UKSC Blog

Posted May 1st, 2020 in appeals, judicial review, local government, news, pensions, Supreme Court by sally

‘This appeal concerns the breadth of the ethical investments that the authorities which administer the local government pension scheme are permitted to make. The appellants brought a claim for judicial review alleging that two passages in the guidance issued by the Secretary of State pursuant to the Local Government Pension Scheme (Management and Investment of Funds) Regulations in 2016 was unlawful. The first passage concerned states that “the Government has made clear that using pension policies to pursue boycotts, divestment and sanctions against foreign nations and UK defence industries are inappropriate, other than where formal legal sanctions, embargoes and restrictions have been put in place by the Government”. The second passage states that authorities “[s]hould not pursue policies that are contrary to UK foreign policy or UK defence policy”.’

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UKSC Blog, 30th April 2020

Source: ukscblog.com

‘One of the most controversial questions which the law of human rights can generate’: Supreme Court alters approach to Article 3 in medical cases – an extended look – UK Human Rights Blog

Posted May 1st, 2020 in appeals, deportation, health, human rights, immigration, medical treatment, news, Supreme Court by sally

‘Unlike some of the rights protected by the European Convention on Human Rights, the prohibition on torture or inhuman or degrading treatment under Article 3 is absolute. There is no question of striking a balance between Article 3 and other considerations: the state simply may not act in a way which would breach this prohibition.’

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UK Human Rights Blog, 29th April 2020

Source: ukhumanrightsblog.com

Home Office barred from deporting Zimbabwean with HIV – The Guardian

Posted April 30th, 2020 in criminal records, deportation, HIV, human rights, news, Supreme Court, Zimbabwe by sally

‘UK Home Office efforts to deport an HIV-positive Zimbabwean man because of his lengthy criminal record have been blocked after the supreme court ruled removing him would breach his human rights.’

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The Guardian, 29th April 2020

Source: www.theguardian.com

How to divine statutory purpose: the Israel/arms trade disinvestment case – UK Human Rights Blog

Posted April 30th, 2020 in international trade, legislative drafting, local government, news, pensions, Supreme Court, weapons by sally

‘This case is about Government “Guidance” aimed at local authorities, banning some of those “ethical” objections to investment policies but allowing other objections. “Guidance” in quotes because the net effect of the Act and secondary legislation was to make the Guidance mandatory: see [10] of Lord Wilson’s judgment. In particular, the policy ban was to apply to (a) boycotts to foreign nations and (b) UK defence industries. The sharp focus of the former was Israel. No surprises that the Quakers and the Campaign against the Arms Trade should appear in support of the challenge to the latter.’

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UK Human Rights Blog, 29th April 2020

Source: ukhumanrightsblog.com

Now That We Care About Carers: Temporal Casualisation in Mencap and Uber – Oxford Human Rights Hub

Posted April 28th, 2020 in carers, coronavirus, minimum wage, news, Supreme Court, taxis by sally

‘A few weeks before the lockdown, one of the most important UK labour law cases of the last decade was heard by the Supreme Court. Royal Mencap Society v Tomlinson Blake has not attracted the attention paid to the Uber litigation, also to reach the Supreme Court later this year. Yet Mencap will have significant ramifications for a segment of the British workforce at the front line of the coronavirus response, namely care workers.’

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Oxford Human Rights Hub, 27th April 2020

Source: ohrh.law.ox.ac.uk

Case Comment: Whittington Hospital NHS Trust v XX [2020] UKSC 14 – UKSC Blog

Posted April 28th, 2020 in cancer, damages, hospitals, negligence, news, Supreme Court, surrogacy by sally

‘As a consequence of the admitted negligence of the Whittington Hospital in failing to detect signs of cancer, the claimant developed cancer of the cervix for which she required chemoradiotherapy treatment that led to infertility. The claimant decided to have their own biological children by surrogacy. The experts for the parties agreed that on the balance of probabilities the claimant would achieve two live births from her 12 cryopreserved eggs. If her cryopreserved eggs do not result in 3-4 children, the claimant intends to use donor eggs. Her first choice of surrogacy is California, primarily because surrogacy is lawful and binding there. She claimed damages in respect of the expenses of four pregnancies either in California or the UK using her own eggs and, if necessary, donor eggs.’

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UKSC Blog, 27th April 2020

Source: ukscblog.com

Vicarious Liability: whose liability is it anyway? – 4 New Square

Posted April 24th, 2020 in class actions, damages, data protection, employment, news, sexual offences, Supreme Court, vicarious liability by sally

‘On 1 April 2020 the Supreme Court handed down judgment in Barclays Bank plc v Various Claimants [2020] UKSC 13 (“Barclays”) and MW Morrison Supermarkets plc v Various Claimants [2020] UKSC 12 (“Morrison”) – the latest in the recent line of cases focussed on the nature, scope and development of the doctrine of vicarious liability.’

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4 New Square, 20th April 2020

Source: www.4newsquare.com

Alexander Latham-Gambi: What is Parliament doing when it legislates? Legislative Intention and Parliamentary Sovereignty in Privacy International – UK Constitutional Law Association

Posted April 21st, 2020 in appeals, constitutional law, news, parliament, rule of law, statutory interpretation, Supreme Court by sally

‘In this post I argue, with reference to Privacy International, that the nature of legislation as a speech act entails that the tension between parliamentary sovereignty and the rule of law is not as profound as is often thought.’

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UK Constitutional Law Association, 20th April 2020

Source: ukconstitutionallaw.org

A Frolic of His Own – Ropewalk Chambers

Posted April 21st, 2020 in chambers articles, compensation, data protection, news, personal injuries, Supreme Court, vicarious liability by sally

‘Exegesis and eisegesis. Exegesis is interpreting a text’s meaning in accordance with the author’s context and discoverable meaning. Eisegesis is when a reader imposes their own subjective interpretation on a text. Both have more than a passing similarity to the common law doctrine of precedent and the techniques of statutory interpretation.’

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Ropewalk Chambers, 17th April 2020

Source: www.ropewalk.co.uk

Oliver Butler: Elgizouli v Secretary of State for the Home Department: The Fundamental Rights and Freedoms of the Data Subject – UK Constitutional Law Association

Posted April 21st, 2020 in constitutional law, data protection, death penalty, disclosure, execution, foreign jurisdictions, government departments, human rights, news, prerogative powers, Supreme Court by sally

‘Many will no doubt pore over the Supreme Court’s recent judgment in Elgizouli v Secretary of State for the Home Department to evaluate its significance for the common law constraint of prerogative power. Ultimately, however, the Supreme Court held that it was not the common law but rather a failure by the Home Secretary to consider his duties under the Data Protection Act 2018 that rendered the decision in question unlawful. This post considers the significance of the Data Protection Act 2018 for protecting the fundamental rights and freedoms of data subjects. Although the narrow ground upon which the judgment was decided will offer some procedural protections for fundamental rights and freedoms, the case’s significance lies in its suggestion as to how data protection law might offer some scope for extending the extraterritorial application of human rights beyond the limits of the European Convention on Human Rights.’

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UK Constitutional Law Association, 17th April 2020

Source: ukconstitutionallaw.org

Rowing back on vicarious liability – Law Society’s Gazette

Posted April 21st, 2020 in compensation, data protection, doctors, employment, news, sexual offences, Supreme Court, vicarious liability by sally

‘Two judgments from the Supreme Court have set restrictions on the scope of vicarious liability. In Barclays Bank v Various Claimants [2020] UKSC 13 the test was whether the tortfeasor was in fact the ‘employee’ of the employer. The claimants alleged that they had suffered sexual abuse by a GP hired by the bank to carry out medical assessments of employees.’

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Law Society's Gazette, 20th April 2020

Source: www.lawgazette.co.uk

Case Comment: Barclays Bank Plc v Various Claimants [2020] UKSC 13 – UKSC Blog

Posted April 21st, 2020 in appeals, class actions, compensation, doctors, employment, news, sexual offences, Supreme Court, vicarious liability by sally

‘Alaina Wadsworth, Chris Horsefield and Ben Brown, who all work within the Insurance & Reinsurance Group at CMS, comment on the decision handed down by the UK Supreme Court earlier this month, in the matter of Barclays Bank Plc v Various Claimants [2020] UKSC 13.’

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UKSC Blog, 20th April 2020

Source: ukscblog.com

Whittington Hospital NHS Trust v XX [2020] UKSC 14 – Old Square Chambers

Posted April 20th, 2020 in appeals, cancer, chambers articles, damages, hospitals, negligence, news, Supreme Court, surrogacy by sally

‘The Respondent (X) had been rendered infertile due to the trust’s negligence. Liability was admitted.’

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Old Square Chambers, 8th April 2020

Source: www.oldsquare.co.uk

Morrison: It May Not Be Over Yet: Vicarious Liability Explained by the Supreme Court (Liability of Joint Controllers Unaffected) – The 36 Group

Posted April 17th, 2020 in appeals, damages, data protection, employment, news, Supreme Court, vicarious liability by sally

‘In Morrison the Supreme Court was at pains to re-state and explain a previous judgment on an employer’s vicarious liability for employees that had been misinterpreted and misapplied both at trial and in the Court of Appeal. What was not examined at any level was the primary liability of joint data controllers, as regulated by the General Data Protection Regulation. This article looks at what the Supreme Court said about vicarious liability and the position of joint controllers.’

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The 36 Group, 14th April 2020

Source: 36group.co.uk

Delimiting Vicarious Liability in the Context of Independent Contractors – 12 King’s Bench Walk

Posted April 17th, 2020 in chambers articles, contracting out, damages, doctors, employment, news, sexual offences, Supreme Court, vicarious liability by sally

‘The law around vicarious liability has been “on the move” since at least the 2012 landmark decision of the Supreme Court in Various Claimants v Catholic Child Welfare Society [2012] UKSC 56 (the “Christian Brothers case”). However, after years of expansion, the Supreme Court has now held in Barclays Bank plc v Various Claimants [2020] UKSC 13 that liability will not always be imposed for the acts of an independent contractor.’

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12 King's Bench Walk, 3rd April 2020

Source: www.12kbw.co.uk

Vicarious Liability – the move is over – Hailsham Chambers

Posted April 17th, 2020 in appeals, chambers articles, damages, data protection, doctors, employment, news, sexual offences, Supreme Court, vicarious liability by sally

‘On 1 April 2020, the Supreme Court handed down judgment in two conjoined Vicarious Liability cases: WM Morrisons Supermarkets plc v Various Claimants [2020] UKSC 12 and Barclays Bank plc v Various Claimants [2020] UKSC 13. In this article, Michael Patrick reviews those judgments and considers their impact on the law of Vicarious Liability.’

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Hailsham Chambers, 9th April 2020

Source: www.hailshamchambers.com

Wm Morrison Supermarkets Plc v Various Claimants & Barclays Bank Plc v Various Claimants – Old Square Chambers

Posted April 17th, 2020 in appeals, chambers articles, data protection, doctors, employment, news, sexual offences, Supreme Court, vicarious liability by sally

‘The Supreme Court has handed down two new judgments addressing the legal limits of vicarious liability in employment and non-employment cases.’

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Old Square Chambers, April 2020

Source: www.oldsquare.co.uk

On The Move – Ropewalk Chambers

Posted April 17th, 2020 in appeals, chambers articles, data protection, doctors, employment, news, personal injuries, sexual offences, Supreme Court, vicarious liability by sally

‘On the inauspicious April Fool’s Day, the Supreme Court brought a stop to the expanding course of the law of vicarious liability in two decisions which bear careful consideration and will have a significant impact on the scope for liability in the law of tort generally, beyond the particular contexts of sexual abuse and data protection litigation.’

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Ropewalk Chambers, 14th April 2020

Source: www.ropewalk.co.uk

Government acted unlawfully in assisting USA to prosecute IS fighter — an extended look – UK Human Rights Blog

Posted April 16th, 2020 in appeals, data protection, death penalty, disclosure, execution, foreign jurisdictions, government departments, human rights, news, Supreme Court by sally

‘Since signing the Sixth Protocol to the European Convention in 1999, the UK has refused to extradite or deport persons to countries where they are facing criminal charges that carry the death penalty.’

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UK Human Rights Blog, 14th April 2020

Source: ukhumanrightsblog.com

Vicarious liability – ‘on the move’ no longer – Parklane Plowden

Posted April 16th, 2020 in appeals, chambers articles, data protection, doctors, news, professional conduct, sexual offences, Supreme Court, vicarious liability by sally

‘For the last 20 years the boundaries of vicarious liability have expanded. In this article Roger Quickfall discusses how the Supreme Court has brought much needed clarity.’

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Parklane Plowden, 7th April 2020

Source: www.parklaneplowden.co.uk