‘The Supreme Court has ruled in favour of Westminster City Council in a dispute over whether a completion notice in relation to a redevelopment was validly served on a ratepayer.’
Local Government Lawyer, December 2018
Source: www.localgovernmentlawyer.co.uk
‘The claimant appealed against a decision that the calculation of an enhancement under the ill-health early retirement provisions of his pension was not unfavourable treatment that constituted discrimination arising from disability.’
UKSC Blog, 17th December 2018
Source: ukscblog.com
‘Alexander Bastin discusses the Supreme Court’s decision in S Franses Ltd v The Cavendish Hotel (London) Ltd [2018] UKSC 62 on whether a landlord can oppose the grant of a new tenancy by relying on section 30 (1)(f) of the Landlord and Tenant Act 1954, if the works which it says it intends to do have no purpose other than to get rid of the tenant.’
Hardwicke Chambers, 7th December 2018
Source: hardwicke.co.uk
‘The Supreme Court will next week (17 December) hand down its ruling in a case on the service of a completion notice by a billing authority.’
Local Government Lawyer, 12th December 2018
Source: www.localgovernmentlawyer.co.uk
‘This appeal considered whether the effect of a Transfer Order, which transferred to Transport for London certain roads in London, was only to transfer the surface of the highway and sufficient sub-soil (normally called the two top spits) as is necessary for the maintenance of the surface, or whether it was to transfer to TfL the entire interest held by the council in the land on which the highway ran.’
UKSC Blog, 5th December 2018
Source: ukscblog.com
‘The case concerns discrimination against part-time judges in the calculation of pensions. The issue is whether periods of service as a part-time judge prior the coming into effect of Part Time Workers Directive (97/81/EC) should be taken into account in calculating the amount of pension to be paid upon retirement.’
Cloisters, 7th November 2018
Source: www.cloisters.com
‘This appeal considered the construction of the Landlord and Tenant Act 1954. It specifically considered whether a landlord which intends to carry out works if, and only if, those works are necessary to satisfy s 30(1)(f), and which offers an undertaking to carry out those works in the form of the undertaking given by the respondent in the present case, has the requisite intention for the purposes of ground (f). It also considered whether a landlord whose sole or predominant commercial objective is to undertake works in order to fulfil ground (f) and thereby avoid the grant of a new lease to the tenant, and which offers an undertaking to carry out those works in the form of an undertaking given in the present case, has the requisite intention for the purposes of ground (f).’
UKSC Blog, 5th December 2018
Source: ukscblog.com
‘This was an appeal from the decision of the Court of Appeal in Warner-Lambert Company LLC v Generics (UK) Ltd (t/a Mylan) and Others [2016] EWCA Civ 1006 which I discussed in The Pregabalin Appeal: Generics v Warner-Lambert 17 Oct 2016. In that appeal, the Court of Appeal upheld the decision of Mr Justice Arnold in Generics (UK) Ltd (t/a Mylan) v Warner-Lambert Company LLC [2016] RPC 3, [2015] EWHC 2548 (Pat), [2015] CN 1499 which I blogged in The Pregabalin Trial: Generics (UK) Ltd v Warner-Lambert Company LLC 18 Sept 2015 and his refusal to allow the patent to be amended in Generics (UK) Ltd (t/a Mylan) v Warner-Lambert Company LLC [2016] RPC 16, [2015] EWHC 3370 (Pat).’
NIPC Law, 6th December 2018
Source: nipclaw.blogspot.com
‘The legal burden of disproving a claim for negligence when cargo is lost or damaged at sea rests with the carrier of the goods, the UK’s highest court has ruled.’
OUT-LAW.com, 10th December 2018
Source: www.out-law.com
‘ECHR, art 8 prevents someone from being removed from the UK where doing so would have a disproportionate impact on their private life and/or family life. Where a migrant seeks to rely on art 8, it is accordingly necessary for the Home Office, or on appeal the First-tier Tribunal, to conduct a balancing exercise between the individual’s private and family life rights on the one hand and the ‘public interest’ on the other.’
UKSC Blog, 4th December 2018
Source: ukscblog.com
‘Southwark Council and the City of London Corporation have lost a Supreme Court case with Transport for London over the vesting of highways.’
Local Government Lawyer, 5th December 2018
Source: www.localgovernmentlawyer.co.uk
‘A former postman who was wrongly convicted of attempted rape is suing West Mercia police after it emerged that the force had failed to detect another man’s DNA on the victim’s clothing.’
The Independent, 28th November 2018
Source: www.telegraph.co.uk
‘Should the Law Lords have left the House of Lords?’
Supreme Court, 14th November 2018
Source: www.supremecourt.uk
‘A terminally ill man has lost a legal battle at the UK’s highest court over his right to die.’
BBC News, 27th November 2018
Source: www.bbc.co.uk
‘Sapan Maini-Thompson is an LLM Candidate at University College London. On 14th November 2018 the Divisional Court gave judgment in a claim against the Criminal Cases Review Commission (CCRC) in Regina (Anthony Davies) v The Criminal Cases Review Commission . This case was brought on behalf of a prisoner who contended that his conviction had become unsafe following the decision of the Supreme Court in R v Jogee [2016] UKSC 8 which recast the mens rea requirements in joint enterprise cases. The court dismissed the claim in a judgment which involved analysis of how the principles in Jogee are applied, and the circumstances in which the CCRC should re-open an old conviction. Jim Duffy of 1 Crown Office Row was the Junior Counsel for the Claimant.’
UK Human Rights Blog, 27th November 2018
Source: ukhumanrightsblog.com
‘In June 2018 the Supreme Court ruled in favour of a heterosexual couple who had argued that their inability to formalise their relationship through a civil partnership was incompatible with the European Convention on Human Rights. The Prime Minister indicated in October that she would legislate to give all couples the same choices as to how to achieve legal recognition of their relationship for the first time, writes Ashford’s family solicitor Emma Mackay.’
Family Law, 22nd November 2018
Source: www.familylaw.co.uk
‘The supreme court has dismissed an attempt by the Brexit secretary to derail a European court hearing into whether article 50 – which triggered the UK’s departure from the EU – could be reversed.’
The Guardian, 20th November 2018
Source: www.theguardian.com
‘It must be a rare moment in legal history, when cakes are at the centre of Supreme Court Knights_S_146668decisions in the same year on both sides of the pond.’
UKSC Blog, 12th November 2018
Source: ukscblog.com
‘The Supreme Court today dismissed an appeal by pharmaceutical company Pfizer, in a case that should provide clarity on patent law surrounding claims for new medical uses for a protected drug. In judgment handed down this morning the court allowed an appeal by generic drug makers Actavis and Mylan. The decision means Pfizer’s patent covering a second medical use for its product is invalid.’
Law Society's Gazette, 14th November 2018
Source: www.lawgazette.co.uk
‘Relationships have been in the news in 2018. Not only did we see two Royal weddings, but at the opposite end of the romance spectrum, in June the UK Supreme Court ruled that it was discriminatory not to allow opposite-sex couples to form civil partnerships. Dianne Millen, an associate at Morton Fraser in Edinburgh, looks at relationships as seen in the eyes of the law.’
Family Law, 13th November 2018
Source: www.familylaw.co.uk
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