‘The Supreme Court has confirmed that insurers can be liable for accidents on private land even where the driver is not covered – but the long-running issue may not be over yet.’
Law Society's Gazette, 20th February 2020
Source: www.lawgazette.co.uk
‘The EAT has given permission to appeal directly to the Supreme Court for the first time, on the issue of scope of diplomatic immunity.’
3PB, 7th February 2020
Source: www.3pb.co.uk
‘There are a number of ways in which this judgment opens the door to arguments about its wider impact.’
UKSC Blog, 17th February 2020
Source: ukscblog.com
‘If an employee is dismissed on bogus grounds invented by someone more senior than her in the business, that person’s true reason for acting as they did will be the real reason for the dismissal, even if the decision to dismiss was made by another person acting in good faith in reliance on the bogus grounds.’
UKSC Blog, 17th February 2020
Source: ukscblog.com
‘Inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances (NPPF paragraph 143).’
Exchange Chambers, 12th February 2020
Source: www.exchangechambers.co.uk
‘This appeal was about the law on damages for false imprisonment. It required the Supreme Court to consider the meaning of imprisonment at common law and whether this should be aligned with the concept of deprivation of liberty under the European Convention on Human Rights.’
UKSC Blog, 12th February 2020
Source: ukscblog.com
‘The Appellant was a firm of solicitors against whom the Respondent, on behalf of the late Mr Watkins’ estate, continued Mr Watkins’ claim in professional negligence following his death in 2014.’
Hardwicke Chambers, 10th February 2020
Source: hardwicke.co.uk
‘This case concerns the standard of proof applicable in inquest proceedings in cases of alleged suicide. It raises important and fundamental questions concerning the conduct of inquests, and will be of particular significance to bereaved families where the deceased is alleged to have committed suicide while in the care or custody of the state. The Supreme Court may also consider the position in relation to findings of unlawful killing.’
UKSC Blog, 7th February 2020
Source: ukscblog.com
‘This appeal arose as a result of an application made by the Attorney General for Northern Ireland under the Northern Ireland Act 1998, Schedule 10 paragraph 34. Paragraph 34 provides that the Attorney General may refer to the Supreme Court any devolution issue which is not the subject of proceedings. A devolution issue includes a question whether a purported exercise of a function by a Northern Ireland Department is or would be invalid by reason the 1998 Act, s.24. S. 24(1)(a) provides that a Department of Northern Ireland has no power to make, confirm or approve any subordinate legislation, or to do any act, so far as the legislation or act is incompatible with any of the rights guaranteed by the European Convention on Human Rights.’
UKSC Blog, 5th February 2020
Source: ukscblog.com
‘This issue in this appeal was whether the local planning authority, properly understood the meaning of the word “openness” in the national planning policies applying to mineral working in the Green Belt, as expressed in the National Planning Policy Framework.’
UKSC Blog, 5th February 2020
Source: ukscblog.com
‘Bill Hanbury, Head of the Property Department at Exchange Chambers, explains the importance of the recent Supreme Court decision in R (on the application of Lancashire County Council) (Appellant) v Secretary of State for the Environment, Food and Rural Affairs and another (Respondents) and R (on the application of NHS Property Services Ltd) (Appellant) v Surrey County Council and another (Respondents) [2019] UKSC 58. In this article, he explains why it is important to those clients who are public bodies facing hostile town and village green (TVG) applications.’
Exchange Chambers, 28th January 2020
Source: www.exchangechambers.co.uk
‘The EAT has handed down its judgment in Basfar v Wong UKEAT/0223/19/BA, holding that the defence of diplomatic immunity applied in circumstances where the Claimant alleged she had been trafficked by her diplomat employer. However, it also granted the Claimant the first ever ‘leapfrog’ certificate direct from the EAT to the Supreme Court, and the matter looks set to continue.’
Littleton Chambers, 4th February 2020
Source: www.littletonchambers.com
‘The Supreme Court will next week hand down its ruling on whether a county council misapplied a key provision in the National Planning Policy Framework on the preservation of “the openness of the Green Belt”.’
Local Government Lawyer, 31st January 2020
Source: www.localgovernmentlawyer.co.uk
‘Wind turbines can evoke strong feelings. To some they are vital and eye-catching sources of renewable energy. To others they are simply bird- and insect-destroying eyesores. But in granting planning consent, can a local authority have regard to a proposed annual donation to a local community fund? Would this be a material planning consideration? No, said the Supreme Court on 20 November in R (Wright) v Resilient Energy Severndale Ltd and Forest of Dean District Council [2019] UKSC 53. Lord Sales gave the judgment with which Lady Hale, Lord Reed, Lord Lloyd-Jones and Lord Thomas agreed.’
Law Society's Gazette, 3rd January 2020
Source: www.lawgazette.co.uk
‘It is still relatively uncontroversial to suggest that, as a matter of public law, public authorities must comply with legislation. But what should public authorities do where such compliance would actually result in a breach of a right under the European Convention on Human Rights? In RR v Secretary of State for Work and Pensions [2019] UKSC 52, the Supreme Court held that it is not unconstitutional for a public authority to disapply a provision of subordinate legislation to avoid breaching a convention right. This is necessary under the Human Rights Act 1998. Public authorities will be looking to the horizon to see what impact this decision may have more widely.’
Law Society's Gazette, January 2020
Source: www.lawgazette.co.uk
‘In the Winter edition of our Family Under 10’s Newsletter, Simon Wilkinson provides a case update with regards to the Matter of D, Giorgia Sessi studies the guidance published by the Courts and Tribunals Judiciary, whilst Charlotte Wilce lays out a case study regarding the role of CAFCASS in relation to non-subject children.’
Parklane Plowden, 7th January 2020
Source: www.parklaneplowden.co.uk
‘An insight into what it’s like being a young defendant in a gang-related murder trial. Did Jogee change the ‘odds’? Is the doctrine still a stark reality?’
Counsel, January 2020
Source: www.counselmagazine.co.uk
‘The Supreme Court delivered its long anticipated judgment on Zambrano carers in Patel v Secretary of State for the Home Department [2019] UKSC 59 on 16 December 2019.’
Richmond Chambers, 1st January
Source: immigrationbarrister.co.uk
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