Interest rate rigging appeal must go to top court, say politicians – BBC News

Posted April 3rd, 2024 in appeals, banking, imprisonment, interest, news, rates, sentencing, Supreme Court by sally

‘Two former bankers jailed for rigging interest rates must have their appeal heard by the Supreme Court, senior politicians have said.’

Full Story

BBC News, 3rd April 2024

Source: www.bbc.co.uk

Clear as mud: Proprietary Estoppel after Guest v Guest – Trusts & Trustees

Posted March 27th, 2024 in appeals, equity, estoppel, news, Supreme Court by sally

‘The dust should now have settled since the Supreme Court’s landmark decision in Guest v Guest (2022). However, in exploring recent case law, this article exposes that the rules applied to decide proprietary estoppel cases remain as uncertain as ever. Some commonality can be identified, but only in the persistent favouring of promisors over promisees. This article criticises the practical and theoretical underpinnings of proprietary estoppel and proposes further reform. In particular, the article draws new links from the doctrine of secret trusts to suggest a more just and certain basis for proprietary estoppel’s future application.’

Full Story

Trusts & Trustess, 19th March 2024

Source: academic.oup.com

Case Comment: Byers and others v Saudi National Bank [2023] – UKSC Blog

Posted March 27th, 2024 in appeals, breach of trust, Cayman Islands, equity, insolvency, news, Supreme Court, trusts by sally

‘In this post, Adam Ferris (Senior Associate) in the Finance Disputes Team at CMS and Henry Powell (Associate) in the Real Estate Disputes Team at CMS comment on the judgment of the Supreme Court in Byers and Ors v Saudi National Bank [2023] UKSC 51, which was handed down on 20 December 2023.’

Full Story

UKSC Blog, 26th March 2024

Source: ukscblog.com

Shamima Begum loses bid to challenge removal of her British citizenship – The Independent

‘Shamima Begum has lost her initial bid to challenge the removal of her British citizenship by taking her case to the Supreme Court.’

Full Story

The Independent, 25th March 2024

Source: www.independent.co.uk

Rwanda bill could become law without independent scrutiny, says ex-watchdog – The Guardian

‘Rishi Sunak’s Rwanda deportation bill could be forced on to the statute books without fulfilling the government’s legal commitment to independent scrutiny, the former borders watchdog has told peers.’

Full Story

The Guardian, 19th March 2024

Source: www.theguardian.com

Madeline Gleeson & Theodore Konstadinides: The UK’s Rwanda policy and Lessons from Australia- UK Constitutional Law Association

‘In November 2023, the Supreme Court of the UK dealt a critical blow to the government’s proposal to send certain asylum seekers to the Republic of Rwanda. In AAA and Others v the Home Secretary, the Court ruled that removal to Rwanda would be unlawful because that country was not, at the time, a ‘safe country’.’

Full Story

UK Constitutional Law Association, 14th March 2024

Source: ukconstitutionallaw.org

Case Comment: Target Group Ltd v Commissioners for His Majesty’s Revenue and Customs [2023] UKSC 35 – UKSC Blog

Posted March 14th, 2024 in banking, news, Supreme Court, VAT by sally

‘In this post, Mark Whiteside, Partner at CMS, and Johanna Dodgson, Associate at CMS, comment on the Supreme Court’s judgment in Target Group Ltd v Commissions for His Majesty’s Revenue and Customs [2023] UKSC 35.’

Full Story

UKSC Blog, 12th March 2024

Source: ukscblog.com

When Treaties are Forbidden – EIN Blog

‘Safe Third Country (STC) agreements involve the transfer of protection-seekers from one State to another. They take different forms, including bilateral treaties (the UK-Rwanda Treaty), political agreements (the Italy-Albania MoU) and regional mechanisms (Dublin III). They are usually justified as a means of sharing responsibility for protecting refugees and ‘managing’ access to asylum determination processes, as is the case for the Canada-US Safe Third Country Agreement. In other contexts their explicit purpose is to deter and to punish.

Full Story

EIN Blog, 29th February 2024

Source: www.ein.org.uk

The Sordid Controversies of Litigants? Why and When Facts Matter – Supreme Court

Posted February 27th, 2024 in contracts, interpretation, judiciary, news, Privy Council, Supreme Court by sally

‘Lady Rose – The Sordid Controversies of Litigants? Why and When Facts Matter. The Neill Law Lecture 2024.’

Full speech

Full Story

Supreme Court, 23rd February 2024

Source: www.supremecourt.uk

An Evolving Institution: The work of the Judicial Committee of the Privy Council – Supreme Court

‘Lady Rose – An Evolving Institution: The work of the Judicial Committee of the Privy Council. The Queen’s Distinguished Lecture in Law.’

Full speech

Full Story

Supreme Court, 21st February 2024

Source: www.supremecourt.uk

Supreme Court to hear appeal by Welsh council next week in Japanese knotweed case – Local Government Lawyer

Posted February 21st, 2024 in appeals, damages, housing, local government, news, nuisance, Supreme Court, Wales by sally

‘The Supreme Court will next week hear a council’s appeal of a Court of Appeal judgment which overturned lower court rulings that found diminution in value in Japanese knotweed cases was irrecoverable economic loss and ordered the council to pay damages to a property owner.’

Full Story

Local Government Lawyer, 20th February 2024

Source: www.localgovernmentlawyer.co.uk

Raffael N. Fasel: Ouster Clauses and the Silent Constitutional Crisis – UK Constitutional Law Association

Posted February 20th, 2024 in constitutional law, judicial review, judiciary, news, parliament, Supreme Court by sally

‘In a recent comment on the Government’s Rwanda Bill and on speculations about an unprecedented strike down by the Supreme Court, Professor Mark Elliott asked a question that has been on many UK public lawyers’ minds lately: “Are we headed for a constitutional crisis?” This question, to be sure, is not new. However, with a Government and Parliament increasingly willing to act with disregard for cardinal constitutional principles such as the rule of law and with certain judges’ growing outspokenness about their intention to resist further attacks on the country’s constitutional fundamentals, determining whether we are indeed in a constitutional crisis has gained great urgency. For if we are already in a crisis, then it may be necessary to take action to prevent the situation from spiralling out of control.’

Full Story

UK Constitutional Law Association, 20th February 2024

Source: ukconstitutionallaw.org

PI world turns its attention to Supreme Court for mixed-injuries case – Legal Futures

Posted February 19th, 2024 in accidents, appeals, compensation, damages, insurance, news, personal injuries, Supreme Court by sally

‘Whiplash claimants, insurers and their lawyers will be watching the Supreme Court closely tomorrow when it hears the appeal on how to value so-called mixed injury claims.’

Full Story

Legal Futures, 19th February 2024

Source: www.legalfutures.co.uk

Supreme Court rules that insurer should pay victim’s car hire losses – Law Society’s Gazette

Posted February 19th, 2024 in accidents, appeals, compensation, damages, insurance, news, road traffic, Supreme Court by sally

‘An at-fault driver is liable for losses agreed in advance between a claimant and her hire car company, the Supreme Court has ruled.’

Full Story

Law Society's Gazette, 15th February 2024

Source: www.lawgazette.co.uk

Case Comment – Wolverhampton City Council and others v London Gypsies and Travellers and others – UKSC Blog

Posted February 14th, 2024 in appeals, injunctions, local government, news, Supreme Court, travellers by sally

‘In this post, Emma Pinkerton, a Partner in the Real Estate Disputes team at CMS, comments on the Supreme Court’s decision in Wolverhampton City Council and others v London Gypsies and Travellers and others [2023] UKSC 47, which was handed down on 29 November 2023.’

Full Story

UKSC Blog, 12th February 2024

Source: ukscblog.com

UK’s Rwanda bill ‘incompatible with human rights obligations’ – The Guardian

‘The UK government’s controversial Rwanda legislation that deems the African country as a safe place to deport people to is fundamentally incompatible with Britain’s human rights obligations and places it in breach of international law, according to a damning parliamentary report.’

Full Story

The Guardian, 12th February 2024

Source: www.theguardian.com

Even many critics of the Rwanda deportation policy are missing the point of why it’s wrong – EIN Blog

‘The UK government’s proposals to send asylum seekers arriving to the UK onto Rwanda continue to spark intense opposition.’

Full Story

EIN Blog, 6th February 2024

Source: www.ein.org.uk

Popular Conservatives: Rees-Mogg attacks Lady Hale and calls for neutering of Supreme Court – Law Society’s Gazette

‘Baroness Hale revealed her “true colours” by voting against the Rwanda Bill, according to former leader of the Commons Jacob-Rees-Mogg, who yesterday called for the “politicised” Supreme Court to be emasculated.’

Full Story

Law Society's Gazette, 7th February 2024

Source: www.lawgazette.co.uk

Supreme Court to hear appeal in challenge concerning standing orders and committee voting – Local Government Lawyer

Posted February 5th, 2024 in appeals, local government, news, Supreme Court by sally

‘The Supreme Court has granted permission for an appeal against the Court of Appeal’s dismissal of a challenge concerning the lawfulness of Tower Hamlets Council’s standing orders requiring councillors to be present for the whole of a committee’s consideration of an item to vote on it.’

Full Story

Local Government Lawyer, February 2024

Source: www.localgovernmentlawyer.co.uk

Supreme Court rules on “shock” in clinical negligence cases – Law Pod UK

‘The Supreme Court has ruled out claims for physicatric harm suffered by family members witnessing death or serious injury as a result of medical negligence. Rosalind English talks to Judith Rogerson of 1 Crown Office Row about the implication of this ruling.’

Full Story

Law Pod UK, 1st February 2024

Source: audioboom.com