Supreme Court – Page 40 – Current Awareness

10 cases that defined 2019 – UK Human Rights Blog

Posted December 20th, 2019 in appeals, asylum, benefits, birth certificates, brexit, Chagos Islands, citizenship, colonies, constitutional law, data protection, detention, EC law, equality, facial mapping, families, gender, housing, human rights, immigration, international law, investigatory powers, jurisdiction, news, parental rights, parliament, police, prerogative powers, privacy, prorogation, rent, Supreme Court, terrorism, transgender persons by sally

‘And so, we reach the end of another year. And what a year it has been. As well perhaps the most tumultuous period in British politics for decades, this year saw the first ever image taken of a black hole, a victory for the England men’s cricket team at the World Cup, the discovery of a new species of prehistoric small-bodied human in the Philippines and signs that humpback whale numbers in the South Atlantic have bounced back thanks to intensive conservation efforts. And the law? Well, rather a lot has happened really. As the festive season draws near, what better way is there to celebrate than to rewind the clock and relive the 10 cases which have defined 2019?’

UK Human Rights Blog, 19th December 2019

Source: ukhumanrightsblog.com

Lady Hale warns UK not to select judges on basis of political views – The Guardian

Posted December 19th, 2019 in brexit, constitutional law, judges, judicial appointments commission, judiciary, news, political opinion discrimination, political parties, Supreme Court by sally

‘The government should not select judges on the basis of their political views as they do in the US, the outgoing president of the supreme court, Lady Hale, has warned.’

The Guardian, 18th December 2019

Source: www.theguardian.com

Case Preview: XX v Whittington Hospital NHS Trust – UKSC Blog

Posted December 17th, 2019 in cancer, damages, hospitals, negligence, news, Supreme Court, surrogacy by sally

‘Will Lady Hale change her mind, 17 years on? On 16 and 17 December 2019 a panel presided over by Lady Hale will decide whether or not the Court of Appeal were correct last year in not following an earlier judgment of Lady Hale in a 2002 case concerning recovery of damages for the costs of surrogacy.’

UKSC Blog, 16th December 2019

Source: ukscblog.com

Housing benefits, human rights and possession claims – Local Government Lawyer

Posted December 17th, 2019 in benefits, housing, landlord & tenant, news, repossession, Supreme Court by sally

‘Public sector and private sector landlords need to know about a recent housing benefit ruling from the Supreme Court, write Karl Anders and Deborah Brown.’

Local Government Lawyer, 17th December 2019

Source: www.localgovernmentlawyer.co.uk

Supreme Court allows appeal over part-time judges’ pensions – Law Society’s Gazette

Posted December 17th, 2019 in contract of employment, judiciary, news, part-time work, pensions, Supreme Court by sally

‘Four judges with “portfolio” careers in full-time and part-time roles and without formal contracts of employment have been backed by the Supreme Court in their campaign for equal pensions treatment. Giving judgment today in Miller and others v Ministry of Justice, Lord Carnwath ruled that ‘the common sense of the matter’ as well as case law holds that part-timers should not suffer less favourable treatment.’

Law Society's Gazette, 16th December 2019

Source: www.lawgazette.co.uk

‘ “Village green” ’ land at risk after ruling by supreme court – The Guardian

Posted December 16th, 2019 in appeals, commons, local government, news, planning, Supreme Court by sally

‘Decision on Moorside Fields in Lancaster makes it harder to stop public space being developed.’

The Guardian, 14th December 2019

Source: www.theguardian.com

Supreme Court to decide if NHS should pay for woman’s surrogacy abroad in historic ruling – The Independent

Posted December 16th, 2019 in appeals, cancer, compensation, hospitals, negligence, news, pregnancy, Supreme Court, surrogacy by sally

‘Britain’s highest court will hear the case of a woman who is asking the NHS to pay for her to have surrogates birth her child in the US after the health service’s failure to spot her cervical cancer left her infertile.’

The Independent, 16th December 2019

Source: www.independent.co.uk

Supreme Court allows appeals by land-owning public bodies in dispute over statutory incompatibility and village green registration – Local Government Lawyer

Posted December 12th, 2019 in commons, education, health, land registration, local government, news, Supreme Court by sally

‘The Supreme Court has by a 3-2 majority allowed appeals by Lancashire County Council and NHS Property Services over whether statutory incompatibility defeats an application to register land as a town or village green where the land is held by the public authority for statutory purposes.’

Local Government Lawyer, 11th December 2019

Source: www.localgovernmentlawyer.co.uk

s.103A and concealed reasons; Royal Mail v. Jhuti [2019] UKSC 55 – Parklane Plowden Chambers

Posted December 10th, 2019 in disciplinary procedures, employment tribunals, news, reasons, Supreme Court, unfair dismissal, whistleblowers by sally

‘The Supreme Court has confirmed that a Tribunal may find that the reason for the dismissal is something other than that given to the employee by the decision-maker – even where that reason is genuinely held by the decision maker; Royal Mail Group Ltd v. Jhuti [2019] UKSC 55 (“Jhuti”).’

Parklane Plowden, 9th December 2019

Source: www.parklaneplowden.co.uk

Automatic Unfair Dismissal: Can the reason for the dismissal be other than that given to the employee by the decision-maker? – Pallant Chambers

Posted December 10th, 2019 in disciplinary procedures, employment tribunals, news, reasons, Supreme Court, unfair dismissal, whistleblowers by sally

‘The question for the Supreme Court in Royal Mail Group Limited v Jhuti [2019] UKSC 55 was whether in a claim for unfair dismissal can the reason for the dismissal be other than that given to the employee by the decision-maker?’

Pallant Chambers, 5th December 2019

Source: www.pallantchambers.co.uk

Supreme Court to hear appeal over arrangements by housing association to allocate properties only to members of religious community – Local Government Lawyer

Posted December 10th, 2019 in charities, equality, housing, Judaism, news, Supreme Court by sally

‘The Supreme Court has agreed to hear an appeal over whether a charitable housing association’s arrangements for allocating housing, which amount to direct discrimination on the ground of religion, were lawful.’

Local Government Lawyer, 9th December 2019

Source: www.localgovernmentlawyer.co.uk

Dispute over empty properties and £10m+ in business rates to go to Supreme Court – Local Government Lawyer

Posted December 9th, 2019 in appeals, interpretation, leases, local government, news, rates, Supreme Court by sally

‘The Supreme Court has agreed to hear a dispute over empty commercial properties and whether councils are owed more than £10m in business rates arrears.’

Local Government Lawyer, 6th December 2019

Source: www.localgovernmentlawyer.co.uk

Supreme Court to review equitable lien ruling – Litigation Futures

Posted December 6th, 2019 in airlines, compensation, delay, equity, fees, news, Supreme Court by sally

‘The Supreme Court is to review a controversial ruling that a law firm handling uncontested flight delay claims was not conducting litigation and so did not have an equitable lien over the compensation.’

Litigation Futures, 5th December 2019

Source: www.litigationfutures.com

Adam Perry: Enforcing Principles, Enforcing Conventions – UK Constitutional Law Association

Posted December 5th, 2019 in appeals, constitutional law, judicial review, news, parliament, prerogative powers, prorogation, Supreme Court by sally

‘Did the UK Supreme Court enforce a constitutional convention in Miller (No 2)? Most writers say no. I say yes.’

UK Constitutional Law Association, 3rd December 2019

Source: ukconstitutionallaw.org

Supreme Court holds that Dublin III Detention between January 2014 and March 2017 was unlawful – Garden Court Chambers

Posted December 4th, 2019 in asylum, detention, EC law, false imprisonment, immigration, judicial review, news, Supreme Court by sally

‘The Supreme Court has dismissed the appeal of the Secretary of State for the Home Department from the Court of Appeal decision in R(Hemmati and others) v SSHD [2018] EWCA Civ 2122 in which it was held that the Home Office was not entitled to detain asylum seekers for removal under the Dublin III Regulation because of the failure until 15 March 2017, to set out in law the requirements for detention.’

Garden Court Chambers, 27th November 2019

Source: www.gardencourtchambers.co.uk

The Reason Behind the Reason Behind the Decision to Dismiss – Littleton Chambers

Posted December 4th, 2019 in disciplinary procedures, employment tribunals, news, reasons, Supreme Court, unfair dismissal, whistleblowers by sally

‘The Supreme Court has allowed the appeal in Royal Mail Group Ltd -v- Jhuti [2019] UKSC 55 and has held unanimously that when deciding what was the reason for dismissal in unfair dismissal, it may not be enough simply to consider what was subjectively in the mind of the decision-maker. In a unanimous decision delivered by Lord Wilson (Lady Hale (President), Lord Carnwath, Lord Hodge and Lady Arden concurring) the Supreme Court has held that where the real reason is hidden from the decision-maker behind an invented reason, the court must penetrate through the invention and decide upon the basis of the real reason [paragraphs 60-62 of the Judgment]. ‘

Littleton Chambers, 27th November 2019

Source: www.littletonchambers.com

Supreme Court unanimously rules detention of asylum seekers pending removal was unlawful – UK Human Rights Blog

Posted December 4th, 2019 in asylum, detention, EC law, false imprisonment, immigration, judicial review, news, Supreme Court by sally

‘R (Hemmati and others) v Secretary of State for the Home Department [2019] UKSC 56. In a significant public law decision, the Supreme Court dismissed the Secretary of State’s appeal and held that the policy governing detention pending removal fails to comply with the Dublin III Regulation as it lacks adequate certainty and predictability.’

UK Human Rights Blog, 3rd December 2019

Source: ukhumanrightsblog.com

Landmarks in law: the Brexit court ruling that thwarted Boris Johnson – The Guardian

Posted November 29th, 2019 in appeals, brexit, constitutional law, elections, judicial review, news, parliament, prerogative powers, prorogation, royal prerogative, Supreme Court by sally

‘By declaring the prorogation of parliament to be unlawful, the Supreme Court made a decision with huge legal consequences.’

The Guardian, 29th November 2019

Source: www.theguardian.com

Former model must lose £2.2m inheritance from Swiss banker boyfriend, court rules – Daily Telegraph

Posted November 29th, 2019 in bereavement, children, costs, families, financial dispute resolution, news, Supreme Court by sally

‘Aformer model must lose the £2.2m inheritance from her Swiss banker boyfriend, the Court of Appeal has ruled, and instead give it back to his children.’

Daily Telegraph, 28th November 2019

Source: www.telegraph.co.uk

Supreme Court delivers Judgment in Thomas Arthur Watkins (Respondent) v Hugh James Ford Simey Solicitors (Appellant) [2019] UKSC 54 on appeal from [2018] EWCA Civ 1299 – Parklane Plowden Chambers

Posted November 28th, 2019 in appeals, compensation, industrial injuries, law firms, miners, negligence, news, personal injuries, professional conduct, Supreme Court by sally

‘The Supreme Court has delivered another significant Judgment arising from the handling of the VWF litigation against British Coal.’

Parklane Plowden Chambers, 20th November 2019

Source: www.parklaneplowden.co.uk

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