“A taxpayer must perform a calculation of the amount of tax due itself, rather than leave that calculation to HM Revenue and Customs (HMRC), in order to retain possession of funds under dispute, the Supreme Court has ruled.”
OUT-LAW.com, 8th November 2013
Source: www.out-law.com
“When an application was made for an order that it would be lawful, as being in the patient’s best interests pursuant to section 1(5) of the Mental Capacity Act 2005, for life sustaining medical treatment to be withheld, the focus had to be on whether it would be in the patient’s best interests to give the treatment, rather than on whether it would be in his best interests to withhold or withdraw it.”
WLR Daily, 30th October 2013
Source: www.iclr.co.uk
“Where a statute required that something be prescribed in delegated legislation, it envisaged that the latter would add something to what was contained in the primary legislation. Therefore the Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011, purportedly made under section 17A of the Jobseekers Act 1995 which provided for the making of regulations to require claimants in receipt of jobseeker’s allowance to participate in schemes of a ‘prescribed description’, were unlawful because they set up a named scheme without any description over and above what was already in section 17A.”
WLR Daily, 30th October 2013
Source: www.iclr.co.uk
“TV cameras are recording Court of Appeal hearings from today. The BBC, ITN, Sky News and the Press Association are cooperating on the project, and have hired an in-court video-journalist who will recommend the most interesting cases.”
UK Human Rights Blog, 31st October 2013
Source: www.ukhumanrightsblog.com
Supreme Court, 30th October 2013
“The government has lost a Supreme Court appeal over a ruling its flagship ‘back to work’ schemes were legally flawed.”
BBC News, 30th October 2013
Source: www.bbc.co.uk
“Kate Mckinlay considers the impact of the recent Supreme Court decision in Woodland v Essex County Council UKSC 2013.”
Full story (PDF)
Zenith Chambers, 25th October 2013
Source: www.zenithchambers.co.uk
“On 23 October 2013, the Supreme Court gave judgment in Szepietowski v. the National Crime Agency (formerly the Serious Organised Crime Agency, ‘SOCA’). The case is now the leading authority on the marshalling of securities and will be of interest to those advising banks and other businesses involved in secured lending. The case, however, will also be of general interest in light of the Court’s consideration of the principles applicable to the construction of settlement agreements which involved the Court distinguishing the decision of the House of Lords in Bank of Credit and Commerce International v. Ali [2002] 1 AC 251.”
Full story (PDF)
11 Stone Buildings, 23rd October 2013
Source: www.11sb.com
“The UK supreme court will hand down judgment on Wednesday morning in what is expected to be the final chapter in a long-running dispute between the Department of Work and Pensions and former jobseeker Cait Reilly over the legality of so-called workfare schemes.”
The Guardian, 30th October 2013
Source: www.guardian.co.uk
“Earlier this week the Supreme Court gave judgment in Woodland v Essex County Council [2013] UKSC 66. The case is important because it extends the circumstances in which schools and local authorities will be liable for injuries to the children in their care that are caused by negligence.”
Education Law Blog, 26th October 2013
Source: www.education11kbw.com
Woodland (Appellant) v Essex County Council (Respondent) [2013] UKSC 66 | UKSC 2012/0093 (YouTube)
Supreme Court, 23rd October 2013
Supreme Court, 23rd October 2013
R v Gul (Appellant) 2013] UKSC 64 | UKSC 2012/0124 (YouTube)
Supreme Court, 23rd October 2013
Woodland v Swimming Teachers Association and others [2013] UKSC 66; [2013] WLR (D) 403
“The essential feature of a non-delegable duty of reasonable care was that a defendant had control over a vulnerable claimant for the purpose of performing a function for which the defendant had assumed responsibility.”
WLR Daily, 23rd October 2013
Source: www.iclr.co.uk
“The relationship between public bodies and independent contractors has been thrown into sharp relief by yesterday’s Supreme Court judgment in the Woodland case. Local Government Lawyer looks at the reaction to the ruling.”
Local Government Lawyer, 24th October 2013
Source: www.localgovernmentlawyer.co.uk
“R v Gul (Appellant) [2013] UKSC 64, 23 October 2013 – It is a platitude that one man’s terrorist is another man’s freedom fighter. It is for precisely this reason that the international community has not been able to agree on a definition of terrorism to be embedded in international law. The issue in this appeal was whether the definition of ‘terrorism’ in the UK Terrorism Act 2000 includes military attacks by non-state armed groups against national or international armed forces in a non-international armed conflict.”
UK Human Rights Blog, 23rd October 2013
Source: www.ukhumanrightsblog.com
“A woman who almost drowned in a school swimming lesson 13 years ago has won a landmark case at the Supreme Court.”
BBC News, 23rd October 2013
Source: www.bbc.co.uk
“As part of a recent EU project, Marc Willers has produced this rough guide to the Civil Appeal System in England and Wales.”
Garden Court Chambers Blog, 22nd October 2013
Source: www.gclaw.wordpress.com
“The statutory blanket ban on convicted prisoners voting was incompatible with article 3 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms. However, where a declaration of incompatibility had already been made in other proceedings and the matter was under active consideration by Parliament, a further declaration of incompatibility, being a discretionary remedy, was not appropriate.”
WLR Daily, 16th October 2013
Source: www.iclr.co.uk
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