Category: Supreme Court

The Supreme Court’s Rwanda Judgment: What Now for the Government? – Oxford Human Rights Hub

Posted November 22nd, 2023 in appeals, asylum, deportation, government departments, human rights, immigration, news, refugees, Rwanda, Supreme Court by sally

‘All eyes were on the Supreme Court last Wednesday when it handed down its ruling on the lawfulness of the government’s much-criticised Rwanda scheme. The judgment featured a number of important issues (including issues relating to retained EU law) but the key question for the Court was simple: would sending individuals making asylum claims in the UK to Rwanda – to make asylum claims there instead – subject them to a real risk of ill-treatment? The Supreme Court’s answer was that it would. The government’s policy was therefore unlawful.’

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Oxford Human Rights Hub, 22nd November 2023

Source: ohrh.law.ox.ac.uk

Theodore Konstadinides: Reassessing the UK’s Rwanda Asylum Policy: Tinkering with International Law and the Constitution – UK Constitutional Law Association

Posted November 22nd, 2023 in appeals, asylum, constitutional law, deportation, government departments, human rights, immigration, international law, news, Rwanda, Supreme Court by sally

‘On 15 November, the Supreme Court issued its much-awaited judgment in the case of AAA and others v the Home Secretary, commonly referred to as the Rwanda asylum policy case. The decision came notably quickly, almost a month after the case was heard, indicating the Court’s responsiveness to the urgency and the wider public interest surrounding the case. Despite the swift turnaround, the judgment was meticulously formulated, reflecting the serious implications of the case.’

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UK Constitutional Law Association, 21st November 2023

Source: ukconstitutionallaw.org

Adam Tucker: The Rwanda Policy, Legal Fiction(s), and Parliament’s Legislative Authority – UK Constitutional Law Association

Posted November 22nd, 2023 in appeals, asylum, constitutional law, deportation, government departments, human rights, immigration, news, Rwanda, Supreme Court by sally

‘Last week the Supreme Court (in R (AAA) v Home Secretary) found the UK government’s policy to send asylum applicants to Rwanda unlawful on the grounds that “removal … to Rwanda would expose them to a real risk of ill-treatment by reason of refoulement” [149]. In response, the Prime Minister announced that the government intends to “take the extraordinary step of introducing emergency legislation” which “will enable Parliament to confirm that… Rwanda is safe”.’

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UK Constitutional Law Association, 22nd November 2023

Source: ukconstitutionallaw.org

Draft reforms to UK holiday pay rules leave room for future changes – OUT-LAW.com

Posted November 20th, 2023 in brexit, consultations, employment, government departments, holiday pay, news, Supreme Court by sally

‘The UK government’s response to two post-Brexit consultations on reforming holiday pay leaves the door open for more reforms in the future, according to two legal experts.’

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OUT-LAW.com, 17th November 2023

Source: www.pinsentmasons.com

Unanimous Supreme Court: Rwanda removals are unlawful – UK Human Rights Blog

Posted November 17th, 2023 in appeals, asylum, deportation, government departments, human rights, immigration, news, refugees, Rwanda, Supreme Court by sally

‘R ((AAA) Syria and Ors) v Secretary of State for the Home Department [2023] UKSC 42. The Government’s flagship policy of removing individual asylum seekers to Rwanda for their claims to be decided under the Rwandan asylum system that was announced on 14th April 2022 has been found to be unlawful by a unanimous Supreme Court.’

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UK Human Rights Blog, 15th November 2023

Source: ukhumanrightsblog.com

Supreme Court dismisses commercial lender’s appeal over PPI claim – Law Society’s Gazette

Posted November 17th, 2023 in appeals, disclosure, insurance, news, Supreme Court, time limits by sally

‘The Supreme Court has ruled that a claim over the misselling of a payment protection insurance policy was not time-barred as the commercial lender failed to disclose that it was charging a “substantial commission” on the policy.’

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Law Society's Gazette, 16th November 2023

Source: www.lawgazette.co.uk

Rishi Sunak to bring in emergency law after supreme court’s Rwanda ruling – The Guardian

Posted November 16th, 2023 in appeals, asylum, deportation, government departments, human rights, immigration, news, refugees, Rwanda, Supreme Court by sally

‘Rishi Sunak has staked his political credibility on pushing through emergency legislation to resurrect his high-profile plan to deport asylum seekers to Rwanda, after the supreme court ruled it was unlawful.’

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The Guardian, 15th November 2023

Source: www.theguardian.com

Supreme court rules Rwanda plan unlawful: a legal expert explains the judgment, and what happens next – EIN Blog

Posted November 16th, 2023 in appeals, asylum, deportation, government departments, human rights, immigration, news, refugees, Rwanda, Supreme Court by sally

‘The UK supreme court has unanimously ruled that the government’s plan to send asylum seekers to Rwanda is unlawful.’

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EIN Blog, 15th November 2023

Source: www.ein.org.uk

What is the ECHR and how does it relate to the Rwanda migrants policy? – The Independent

Posted November 16th, 2023 in appeals, asylum, deportation, government departments, human rights, immigration, news, refugees, Rwanda, Supreme Court by sally

‘In a bid to appease the Tory right, Conservative leaders have for years flirted with taking the nuclear option of leaving the European Convention on Human Rights.’

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The Independent, 15th November 2023

Source: www.independent.co.uk

How the UK government’s Rwanda asylum plan came unstuck – The Guardian

Posted November 16th, 2023 in appeals, asylum, deportation, government departments, human rights, immigration, news, refugees, Rwanda, Supreme Court by sally

‘The supreme court has ruled that the government’s plan to deport asylum seekers to Rwanda is unlawful. Peter Walker explains what happens next.’

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The Guardian, 16th November 2023

Source: www.theguardian.com

Supreme Court rules Rwanda asylum policy unlawful – BBC News

Posted November 15th, 2023 in appeals, asylum, deportation, government departments, human rights, immigration, news, refugees, Rwanda, Supreme Court by sally

‘The UK’s highest court has ruled the Rwanda asylum policy is unlawful.’

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BBC News, 15th November 2023

Source: www.bbc.co.uk

UK supreme court to rule on legality of plan to send asylum seekers to Rwanda – The Guardian

Posted November 10th, 2023 in appeals, asylum, deportation, government departments, immigration, news, refugees, Rwanda, Supreme Court by sally

‘Rishi Sunak’s government will discover next Wednesday whether its flagship immigration policy of sending asylum seekers to Rwanda is lawful.’

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The Guardian, 9th November 2023

Source: www.theguardian.com

Alerter by George Mallet & William Moody – Supreme Court Judgment on unfair relationships and PPI claims: Smith v RBS [2023] UKSC 34 – Henderson Chambers

Posted November 9th, 2023 in appeals, banking, chambers articles, compensation, insurance, limitations, news, Supreme Court, time limits by sally

‘The Supreme Court has given judgment in Smith and Burrell v Royal Bank of Scotland Plc [2023] UKSC 34, overturning the Court of Appeal and disagreeing with the bank’s limitation argument.’

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Henderson Chambers, 5th October 2023

Source: www.hendersonchambers.co.uk

Supreme Court decision represents seismic shift in law on holiday pay – Exchange Chambers

Posted November 9th, 2023 in appeals, chambers articles, employment, holiday pay, news, Northern Ireland, police, Supreme Court by sally

‘October 2023’s Supreme Court decision in the case of Chief Constable of the Police Service of Northern Ireland and another v Agnew and others (‘Agnew’) represents a seismic shift in the law on holiday pay. The decision makes it much easier for Claimants to make historic underpayment of holiday pay claims in circumstances where they seek to demonstrate a chain of unlawful deductions. The case concerns Northern Irish workers and Northern Irish laws however the decision has wider implications for workers and employers in England and Wales.’

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Exchange Chambers, 31st October 2023

Source: www.exchangechambers.co.uk

Amazon online marketplace trade mark case comes before UK Supreme Court – OUT-LAW.com

Posted November 9th, 2023 in appeals, intellectual property, internet, news, Supreme Court, trade marks by sally

‘The extent to which holders of UK and EU trade mark rights can object to others using their marks to promote products listed for sale in online global marketplaces is to be considered by the UK Supreme Court in an upcoming case involving e-commerce giant Amazon.’

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OUT-LAW.com, 8th November 2023

Source: www.pinsentmasons.com

First post-PACCAR bid to invalidate litigation funding agreement fails – Legal Futures

Posted October 23rd, 2023 in arbitration, damages, law firms, news, Supreme Court by sally

‘The High Court has rejected the first bid to use the Supreme Court’s PACCAR ruling by a company looking to invalidate a litigation funding agreement (LFA) it had signed up to.’

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Legal Futures, 23rd October 2023

Source: www.legalfutures.co.uk

Invitation to treat? Supreme Court clarifies the professional practice test – Gatehouse Chambers

Posted October 19th, 2023 in appeals, chambers articles, doctors, medical treatment, news, professional conduct, Supreme Court by sally

‘In McCulloch and others (Appellants) v Forth Valley Health Board (Respondent) (Scotland) [2023] UKSC 26, the Supreme Court considered which legal test should be applied to the assessment of whether an alternative treatment was reasonable and should be discussed with a patient.’

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Gatehouse Chambers, 22nd September 2023

Source: gatehouselaw.co.uk

New appointment to the UK Supreme Court – Supreme Court

Posted October 17th, 2023 in judges, judiciary, news, Supreme Court by sally

‘Dame Ingrid Simler, Lady Justice of Appeal, is appointed as a Justice of the Supreme Court to fill the vacancy created by Lord Kitchin’s retirement, it was announced today.’

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Supreme Court, 17th October 2023

Source: www.supremecourt.uk

Just Stop Oil pair jailed over bridge protest lose Supreme Court appeal bid – The Independent

Posted October 12th, 2023 in appeals, demonstrations, news, nuisance, road traffic, sentencing, Supreme Court by sally

‘Two Just Stop Oil protesters jailed after scaling a bridge at the Dartford Crossing have lost a bid to challenge their sentences at the Supreme Court.’

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The Independent, 11th October 2023

Source: www.independent.co.uk

UK Supreme Court backs worker-friendly underpayment ruling – OUT-LAW.com

Posted October 12th, 2023 in holiday pay, news, Northern Ireland, police, remuneration, Supreme Court by sally

‘The UK’s Supreme Court has backed a Northern Ireland court’s earlier ruling that makes it easier for workers to raise claims for unpaid holiday pay that stretch back over a period of time.’

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OUT-LAW.com, 11th October 2023

Source: www.pinsentmasons.com