‘In this article, UKSC Blog editor, Emma Boffey, an associate at CMS based in Scotland, writes on the Scottish legal challenge to the proroguing of the UK Parliament: a case widely expected to head to the UK Supreme Court in the coming weeks.’
UKSC Blog, 2nd September 2019
Source: ukscblog.com
‘In this case, the UKSC held that courts have an inherent jurisdiction independent of the CPR to order non-party access to court documents under the constitutional principle of open justice. This, however, is to be balanced against both any countervailing interests in refusing access, and the principle of practicality and proportionality.’
Hardwicke Chambers, 28th August 2019
Source: hardwicke.co.uk
‘Mass legal claims on behalf of teachers and doctors alleging that changes to their pensions in 2015 were discriminatory are being launched against the government.’
The Guardian, 27th August 2019
Source: www.theguardian.com
‘On 29 July 2019, the Supreme Court handed down its decision in Akçil and others v Koza Ltd and another [2019] UKSC 40 (see Supreme Court judgment) unanimously overturning the decision of the Court of Appeal ([2017] EWCA Civ 1609) regarding the interpretation of the the exclusive company law jurisdictional provisions in Article 24(2) of the Brussels I (Recast) Regulation (1215/2012).’
39 Essex Chambers, 2nd August 2019
Source: www.39essex.com
‘In Robinson v. Chief Constable of West Yorkshire Police [2014] EWCA Civ 15 the Court of Appeal held that “the Caparo test applies to all claims in the modern law of negligence”. By the time the case reached the Supreme Court that well-known three-stage test had been held to be of no practical application. How and why did this volte-face occur? And where does that leave lawyers and judges when deciding whether a duty of care is owed or not? Mark Cannon QC and Joshua Folkard discuss.’
4 New Square, 13th August 2019
Source: www.4newsquare.com
‘The Supreme Court has ruled in the case of Cape Intermediate Holdings Ltd v Dring (Asbestos Victims Support Groups Forum UK) [2019] that all courts and tribunals that exercise the judicial power of the state are subject to the ‘open justice’ principle.’
4 KBW, 6th August 2019
Source: www.4kbw.net
‘The former lord chancellor Chris Grayling “never believed access to social justice” was important while Liz Truss was a “disaster” in the same role, according to a highly revealing memoir by one of the country’s most senior, recently retired judges.’
The Guardian, 21st August 2019
Source: www.theguardian.com
‘An attempt to prosecute Boris Johnson over the claim that Britain gave the EU £350m a week has been thrown out by a judge.’
The Independent, 14th August 2019
Source: www.independent.co.uk
‘The Court of Appeal has ruled that there is no home for discrimination claims in section 204 appeals, write Dean Underwood and Riccardo Calzavara.’
Local Government Lawyer, 13th August 2019
Source: www.localgovernmentlawyer.co.uk
‘In a decision described as a “victory for open justice”, the Supreme Court has held that non-parties to litigation are entitled to access certain documents from a trial to which it was not a party.’
UKSC Blog, 5th August 2019
Source: ukscblog.com
‘Babies are living with abusive parents under 24-hour CCTV surveillance, The Telegraph can reveal, as the Children’s Commissioner calls for a review into the ‘Big Brother-style’ accommodation.
However “disturbing” cases – which have remained unreported until now – where children have been physically injured and sexually abused while living in the units have prompted the Children’s Commissioner to call for a review into the controversial scheme.’
Daily Telegraph, 4th August 2019
Source: www.telegraph.co.uk
‘Campaigners, the media and others who are not parties to court proceedings should be permitted to access court documents as “the default position”, the UK’s highest court has ruled.’
OUT-LAW.com, 1st August 2019
Source: www.pinsentmasons.com
‘Non-parties to litigation should generally have access to all written submissions and documents which have been placed before the court and referred to during the hearing, the Supreme Court has ruled.’
Litigation Futures, 29th July 2019
Source: www.litigationfutures.com
‘The Right Hon Lord Reed will succeed Baroness Hale of Richmond as President of the Supreme Court of the United Kingdom..’
Courts and Tribunals Judiciary, 25th July 2019
Source: www.judiciary.uk
‘This appeal considered whether the respondent is liable to the appellant for breach of contract and/or under the Package Travel, Package Holidays and Package Tours Regulations, reg 15.’
UKSC Blog, 24th July 2019
Source: ukscblog.com
‘The treatment of ouster clauses in R (Privacy International) v Investigatory Powers Tribunal has been said to violate parliamentary sovereignty. This post disagrees. That assertion, it argues, misapprehends the rule of law as founded upon the sovereignty of “Parliament” by “the High Court of Parlyament” as recognised in the Crown and Parliament Recognition Act 1689. The separation of the supreme court from the legislature in O’Connell v R, and the creation of the Supreme Court by the Constitutional Reform Act 2005, undo neither the parliamentary character of the Court nor its participation in the sovereignty of Parliament. This view supports the dicta of Lord Carnwath in Privacy International, with whom Lady Hale and Lord Kerr agreed, that courts may refuse to recognise or enforce ouster clauses.’
UK Constitutional Law Association, 18th July 2019
Source: ukconstitutionallaw.org
‘John Butler is a senior associate in the insurance and reinsurance group at CMS, specialising in maritime disputes. John is dual-qualified in Hong Kong and England & Wales, and regularly acts for international clients in Hong Kong litigation and international arbitration, particularly in international trade disputes under charterparties, bills of lading, letters of credit and contracts of affreightment.’
UKSC Blog, 10th July 2019
Source: ukscblog.com
‘The Supreme Court’s recent clarification of the ‘serious harm’ threshold for defamation claims has been welcomed by newspapers as a victory for free speech. In fact, it is more likely to mean escalating costs and uncertainty for claimants and defendants alike.’
Law Society's Gazette, 8th July 2019
Source: www.lawgazette.co.uk
‘Ministers have asked the courts to set aside a landmark ruling that British arms sales to Saudi Arabia are unlawful, a legal manoeuvre that prompted Jeremy Corbyn to accuse the Conservatives of prioritising military exports over civilian lives.’
The Guardian, 8th July 2019
Source: www.theguardian.com
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