Supreme Court – Page 74 – Current Awareness

Aspect Contracts (Asbestos) Ltd v Higgins Construction plc – WLR Daily

Posted June 22nd, 2015 in appeals, asbestos, construction industry, contracts, damages, dispute resolution, interest, law reports, limitations, Supreme Court by sally

Aspect Contracts (Asbestos) Ltd v Higgins Construction plc: [2015] UKSC 38; [2015] WLR (D) 261

‘An unsuccessful party in a construction contract adjudication was entitled to be repaid any money paid pursuant to the adjudication if the underlying dispute was finally determined in his favour, and the cause of action for the recovery of such money accrued on the date on which the money was paid. However, the cause of action of a party who wished to bring proceedings for more than the amount which he had been awarded under an adjudication accrued on the date of the relevant breach of contract or duty.’

WLR Daily, 17th June 2015

Source: www.iclr.co.uk

Chagos islanders go to supreme court in battle to be allowed home – The Guardian

Posted June 22nd, 2015 in appeals, armed forces, Chagos Islands, disclosure, documents, news, royal prerogative, Supreme Court by sally

‘Former residents of the Chagos Islands who were forcibly removed from their homeland more than 40 years ago will take their long legal battle to the UK’s highest court on Monday.’

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The Guardian, 22nd June 2015

Source: www.guardian.co.uk

The Supreme Court interprets fixed service charges – 36 Bedford Row Property Blog

Posted June 16th, 2015 in appeals, covenants, leases, news, service charges, Supreme Court by sally

‘The Supreme Court has handed down judgment in Arnold v. Britton & Ors. [2015] U. K. S. C. 36, concerning the construction of service charge clauses for holiday chalets in Oxwich Bay, South Wales (pictured). In so doing, it has taken the opportunity to reiterate and re-emphasise some fundamental principles of contractual interpretation.’

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36 Bedford Row Property Blog, 11th June 2015

Source: www.36property.co.uk

Contract entitled landlord to raise service charge irrespective of increase in costs, says UK Supreme Court – OUT-LAW.com

Posted June 12th, 2015 in contracts, landlord & tenant, leases, news, service charges, Supreme Court by sally

‘Lease provisions that would ultimately increase service charges payable by the tenants of a number of holiday homes near Swansea to more than £1 million a year should be allowed to stand, the UK’s highest court has ruled.’
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OUT-LAW.com, 11th June 2015

Source: www.out-law.com

Surge in number of prisoners killing themselves in solitary confinement revealed by report – The Independent

Posted June 10th, 2015 in appeals, codes of practice, disciplinary procedures, human rights, learning difficulties, news, ombudsmen, prisons, statistics, suicide, Supreme Court by sally

‘The number of prisoners who take their own lives in solitary confinement has reached a nine-year high with the death toll including a man who hanged himself after officers refused to give him a book, a report has disclosed today.’

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The Independent, 9th June 2015

Source: www.independent.co.uk

Keep Calm and Read B-S – Family Law Week

Posted June 3rd, 2015 in adoption, appeals, care orders, children, families, local government, news, Supreme Court by sally

‘Cyrus Larizadeh of 4 Paper Buildings and Senate House Chambers recently spoke at the NAGALRO Conference on Re B-S, its aftermath and some of the misconceptions arising from it.’
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Family Law Week, 2nd June 2015

Source: www.familylawweek.co.uk

International Energy Group Ltd v Zurich Insurance plc (Association of British Insurers and another intervening) – WLR Daily

Posted June 3rd, 2015 in appeals, asbestos, cancer, compensation, costs, employment, Guernsey, health & safety, insurance, law reports, proportionality, Supreme Court by sally

International Energy Group Ltd v Zurich Insurance plc (Association of British Insurers and another intervening) [2015] UKSC 33; [2015] WLR (D) 233

‘At common law, an employer who had compensated an employee for exposing him to mesothelioma was only entitled to an indemnity under his liability insurance to the extent of the proportion which the policy period bore to the whole period of the employee’s exposure by the employer but could recover 100% per cent of the defence costs incurred in defending the employee’s claim.

WLR Daily, 20th May 2015

Source: www.iclr.co.uk

Hotak v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Kanu v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Johnson v Solihull Metropolitan Borough Council (Equality and Human Rights Commission and others intervening) – WLR Daily

Posted June 3rd, 2015 in appeals, homelessness, housing, law reports, local government, mental health, Supreme Court by sally

Hotak v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Kanu v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Johnson v Solihull Metropolitan Borough Council (Equality and Human Rights Commission and others intervening) [2015] UKSC 30; [2015] WLR (D) 224

‘When considering whether a homeless person had priority need for housing as a “vulnerable” person under section 189(1)(c) of the Housing Act 1996 the correct comparator for assessing vulnerability was an ordinary person if made homeless rather than an ordinary actual homeless person and, in making that assessment, account could be taken of third party support, including support from family members.’

WLR Daily, 13th May 2015

Source: www.iclr.co.uk

Retrospectively Validating Steps Taken by a Claimant as Good Alternative Service Under CPR 6.15(2) – if a court finds that there is a single good reason to do so, there is no further discretion not to deem the service good – Zenith PI Blog

Posted June 3rd, 2015 in appeals, civil procedure rules, news, service out of jurisdiction, Supreme Court, time limits by sally

‘CPR r.6.15(1) provides that where it appears to the court that there is a good reason to authorise service by a method or at a place not otherwise permitted by Part 6, the court may make an order permitting service by an alternative method or at an alternative place.’
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Zenith PI Blog, 2nd June 2015

Source: www.zenithpi.wordpress.com

‘Black Spiders’ case shows need for guidance on FOI veto powers – OUT-LAW.com

Posted June 2nd, 2015 in appeals, documents, freedom of information, ministers' powers and duties, news, royal family, Supreme Court, veto by sally

‘The UK government must give new guidance to public authorities on when government ministers can exercise powers of veto to prevent the disclosure of information under freedom of information (FOI) laws.’
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OUT-LAW.com, 2nd June 2015

Source: www.out-law.com

The UNCRC in the Supreme Court – the impact of SG v Secretary of State for Work and Pensions – Family Law Week

Posted May 28th, 2015 in appeals, children, human rights, news, Supreme Court, treaties, United Nations by sally

‘Deirdre Fotttrell QC of 1 Garden Court Family Law Chambers considers the Supreme Court’s latest deliberations on when and how the provisions of the UN Convention on the Rights of the Child are directly enforceable in English law.’
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Family Law Week, 21st May 2015

Source: www.familylawweek.co.uk

UK Supreme Court judges show little appetite for extending ‘Fairchild’ exception to other scenarios, says expert – OUT-LAW.com

Posted May 27th, 2015 in appeals, asbestos, compensation, damages, employment, health & safety, news, personal injuries, proportionality, Supreme Court by sally

‘Comments made by some of the UK’s top judges during a recent ruling appear to signal their reluctance to extend the so-called ‘Fairchild’ exception to the normal rules of causation to cover any more types of damage or injury, an expert has said.’

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OUT-LAW.com, 26th May 2015

Source: www.out-law.co.com

Banks face bigger PPI mis-selling bill as regulator considers compensation rules – The Guardian

Posted May 27th, 2015 in banking, compensation, complaints, consumer credit, consumer protection, financial regulation, financial services ombudsman, news, Supreme Court by sally

‘Banks could face a bigger bill for mis-selling payment protection insurance after the City regulator said it was considering new rules on how customers should be compensated.’

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The Guardian, 27th May 2015

Source: www.guardian.co.uk

Je suis James: Pianist finally allowed to tell his story of sexual abuse – UK Human Rights Blog

Posted May 26th, 2015 in appeals, child abuse, children, injunctions, news, publishing, Supreme Court by sally

‘The case considered whether Mr Rhodes could be prevented from publishing his memoir on the basis that to do so would constitute the tort of intentionally causing harm. Those acting on behalf of Mr Rhodes’ son were particularly concerned about the effect upon him of learning of details of his father’s sexual abuse as a child.’
Full story

UK Human Rights Blog, 22nd May 2015

Source: www.ukhumanrightsblog.com

What’s the Din? The Supremes’ Cut – Nearly Legal

Posted May 22nd, 2015 in homelessness, housing, news, Supreme Court by sally

‘Haile v Waltham Forest LBC [2015] UKSC 34 is the second of the triptych of cases which are before the UKSC (We have yet to have the outcome of the third one, the eligibility appeals in Samin/Mirga). The first, Johnson/Hotak/Kanu, as NL wrote, is particularly significant because of its reworking of the vulnerability test, overwriting encrusted CA decisions. Haile, on the other hand, attempts to steer a line between accepting the jurisprudence on intentionality but distinguishing it on a narrow basis (Lord Reed, with whom Lord Neuberger, Lady Hale and Lord Clarke agreed – Lord Neuberger, in the majority, doing so with hesitation, at [79]; Lord Carnwath dissenting). Johnson/Hotak/Kanu will involve reworking vulnerability decisions and will undoubtedly provoke further litigation on the SC test. In theory, at least, Haile should not involve any great difference or require reworking; but, as I will try to explain, its consequences may well reverberate just as much as Johnson et al. Indeed, despite the best intentions of the majority, I think further litigation is almost inevitably the outcome.’

Full story

Nearly Legal, 21st May 2015

Source: www.nearlylegal.co.uk

Supreme Court backs “broad equitable approach” to insurers’ liability in mesothelioma cases – Litigation Futures

Posted May 21st, 2015 in appeals, asbestos, compensation, insurance, news, Supreme Court by sally

‘Insurers liable to pay compensation to mesothelioma victims have rights to pro rata contributions from other insurers and/or employers covering some of the time of exposure, the Supreme Court has ruled.’
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Litigation Futures, 20th May 2015

Source: www.litigationfutures.co.uk

Supreme Court upholds challenge to council decision on intentional homelessness – Local Government Lawyer

Posted May 21st, 2015 in appeals, homelessness, local government, news, Supreme Court by sally

‘Local authorities have been advised to review urgently their intentional homelessness decision making after the Supreme Court – by a 4-1 majority – today upheld an appellant’s challenge.’

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Local Government Lawyer, 21st May 2015

Source: www.localgovernmentlawyer.co.uk

Attorney General Dominic Grieve questions what Tories trying to achieve by replacing Human Rights Act with British Bill of Rights – The Independent

Posted May 18th, 2015 in attorney general, constitutional law, consultations, devolution, human rights, news, political parties, Supreme Court by sally

‘The former Attorney General Dominic Grieve has questioned what the Conservative Party is trying to achieve through its plan to replace the Human Rights Act with a new British Bill of Rights.’
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The Independent, 17th May 2015

Source: www.independent.co.uk

Business claiming ‘passing off’ must have UK customers before it can sue in UK, says Supreme Court – OUT-LAw.com

Posted May 15th, 2015 in foreign jurisdictions, media, news, Supreme Court, trade marks, trade names by sally

‘The Hong Kong-based provider of internet TV subscription service NOW TV could not prevent Sky using the same name for a similar service in the UK because it did not have a UK customer base, the UK’s highest court has ruled.’

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OUT-LAW.com, 14th May 2015

Source: www.out-law.com