‘In a much-anticipated decision, the Supreme Court addresses the scope of an employer’s vicarious liability for acts by its employees, in particular the “misunderstandings” that have arisen since its previous landmark decision in Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11.’
12 King's Bench Walk, 2nd April 2020
Source: www.12kbw.co.uk
‘On 25 March 2020, the UK Supreme Court issued R (El Gizouli) v Secretary of State for the Home Department [2020] UKSC 10. Due to the COVID-19 global pandemic, this was the court’s first judgment to be handed down remotely. It confirmed the importance of data protection laws to international transfers of personal information for law enforcement purposes and may have even broader ramifications.’
Oxford Human Rights Hub, 13th April 2020
Source: ohrh.law.ox.ac.uk
‘Morrisons, heard recently in the Supreme Court, concerns vicarious liability for a rogue data controller. Together with another Supreme Court case, Barclays Bank, these two cases cover all the key issues.’
Six Pump Court, 8th April 2020
Source: www.6pumpcourt.co.uk
‘The response to the Covid-19 pandemic by governments across the world has thrown into sharp relief the fact that at a time of crisis the institutions and functions of Nation States are still the key structures responsible for the most basic duty of protecting their citizens’ lives. In the United Kingdom, the recent weeks have seen interventions by the Government in the economy and in the freedom of movement that are commonly seen as unparalleled in the post 1945 era.’
UK Human Rights Blog, 10th April 2020
Source: ukhumanrightsblog.com
‘Serco is a private company that was contracted by the UK Home Office between 2012 and 2019 to provide accommodation to asylum seekers living in Glasgow. In July 2018, Serco began to implement the “move on protocol” – a new policy of changing locks and evicting asylum seekers without a court order if they were no longer eligible for asylum support. This put around 300 asylum seekers – who had no right to work or who had no right to homeless assistance – at risk of eviction and homelessness in Glasgow without any court process.’
UK Human Rights Blog, 8th April 2020
Source: ukhumanrightsblog.com
‘This appeal concerned the circumstances in which an employer can be held to be vicariously liable for wrongs committed by its employees, and also whether vicarious liability may arise for breaches by an employee of duties imposed by the Data Protection Act 1998 (“DPA”).’
UK Human Rights Blog, 7th April 2020
Source: ukhumanrightsblog.com
‘Following the Supreme Court’s refusal to permit an appeal in Chief Constable of Leicestershire v Hextall, the Court of Appeal’s earlier judgment remains binding. In a case which brings the paradoxes inherent in the UK’s system of workplace parental rights into sharp focus, the Court held that it is not discriminatory to pay a man on shared parental leave (SPL) less than an enhanced rate of maternity pay paid to a woman on maternity leave (ML).’
Oxford Human Rights Hub, 7th April 2020
Source: ohrh.law.ox.ac.uk
‘In the Christian Brothers case Lord Phillips of famously declared that “the law of vicarious liability is on the move”. The recent decision of the Supreme Court in Barclays Bank v. Various Claimants [2020] UKSC 13 has brought that movement to a juddering halt. The question posed by the appeal was a simple one. Is it possible to be vicariously liable for the acts of a self-employed ‘independent contractor’? The answer the Court gave in this case was ‘no’.’
UK Human Rights Blog, 3rd April 2020
Source: ukhumanrightsblog.com
‘The Supreme Court has held that a defendant hospital trust must pay for the cost of a commercial surrogacy arrangement abroad despite such arrangements being unlawful in the UK.’
UK Human Rights Blog, 3rd April 2020
Source: ukhumanrightsblog.com
‘This appeal concerns the circumstances in which an employer is vicariously liable for wrongs committed by its employees, and also whether vicarious liability may arise for breaches by an employee of duties imposed by the Data Protection Act 1998.’
UKSC Blog, 1st April 2020
Source: ukscblog.com
‘The claimant in this case had a number of cervical smear tests carried out. Each test was negligently reported to the effect that the hospital failed to detect her cervical cancer, leaving her infertile. Before having chemo-radiotheraphy, the claimant had 8 eggs collected and frozen. She sought to have four children and her preference was for surrogacy arrangements in California on a commercial basis. The present appeal concerned the damages payable for the loss of her ability to have her own child. The High Court had dismissed the claimant’s claim for commercial surrogacy in California as contrary to public policy, and held that surrogacy using donor eggs was not restorative of the claimant’s fertility but allowed damags for own-egg surrogacies in the UK. The Court of Appeal found in favour of the claimant. The hospital appealed to the Supreme Court.’
UKSC Blog, 1st April 2020
Source: ukscblog.com
‘In this appeal, the Supreme Court is asked to decide whether Barclays Bank is vicariously liable for sexual assaults allegedly committed between 1968 and about 1984 by the late Dr Gordon Bates. Dr Bates was a self-employed medical practitioner with a portfolio practice. His work included conducting medical assessments and examinations of prospective Barclays employees. Barclays required job applicants to pass a pre-employment medical examination as part of its recruitment and employment procedures.’
UKSC Blog, 1st April 2020
Source: ukscblog.com
‘In R (DN – Rwanda) v Secretary of State for the Home Department [2020] UKSC 7, the Supreme Court held that the Claimant was entitled to purse a claim for unlawful detention on the basis that the decision to detain for the purposes of deportation could not be separated from the decision to deport. Accordingly, if the decision to deport was unlawful, then so inevitably was the decision to detain.
UK Human Rights Blog, 3rd April 2020
Source: ukhumanrightsblog.com
‘The High Court of England and Wales does not have jurisdiction to hear claims to recover sums paid under a settlement agreement relating to the loss of an insured vessel.’
UKSC Blog, 1st April 2020
Source: ukscblog.com
‘The case concerned whether Zipvit, a trader selling vitamins and minerals by mail order, is entitled when accounting for VAT on its sales to make deductions of input VAT (the tax paid by the trader on goods and services purchased in connection with its business, as opposed to output VAT, which is the tax charged to the consumer by the trader on its goods or services) in respect of the price of postal services supplied to it by Royal Mail.’
UKSC Blog, 1 April 2020
Source: ukscblog.com
‘Case note on the Supreme Court’s judgment in Elgizouli (appellant) v Secretary of State for the Home Department (respondent) [2020] UKSC 10.’
The 36 Group, 30th March 2020
Source: 36group.co.uk
‘Barclays is not liable for the alleged sexual assault of more than 100 patients by a doctor carrying out medicals on the bank’s behalf, the supreme court has ruled.’
The Guardian, 1st April 2020
Source: www.theguardian.com
‘The UK’s highest court has ruled that Morrisons should not be held liable for the criminal act of an employee with a grudge who leaked the payroll data of about 100,000 members of staff.’
The Guardian, 1st April 2020
Source: www.theguardian.com
‘The UK Supreme Court today ruled that the British Government acted unlawfully in a case where it departed from the UK’s longstanding policy on opposing the death penalty in all circumstances.’
Garden Court Chambers, 25th March 2020
Source: www.gardencourtchambers.co.uk
‘Foreign fighters. Law enforcement cooperation with the US. The death penalty. A seven judge bench in the Supreme Court. Despite showing all the signs of a landmark public law decision, Elgizouli v Secretary of the State for the Home Department [2020] UKSC 10 was a bit of a fizzer on that front. In the end, the real meat was in the DPA 2018’s regulation of law enforcement processing and international data transfers.’
Panopticon, 30th March 2020
Source: panopticonblog.com
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