Supreme court Brexit hearing: 10 things we learned – The Guardian

‘From the royal prerogative and Henry VIII clause to what makes lawyers laugh – and how to interpret a judge’s choice of tie.’

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The Guardian, 8th December 2016

Source: www.guardian.co.uk

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Lawyer urges supreme court to throw out Brexit case after article 50 vote – The Guardian

Posted December 9th, 2016 in constitutional law, news, parliament, prerogative powers, Supreme Court, trials by sally

‘The supreme court has been urged to throw out a momentous legal challenge to the government’s powers to trigger Brexit, with Downing Street lawyers claiming parliament’s support for exiting the EU was conclusively demonstrated this week.’

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The Guardian, 8th December 2016

Source: www.guardian.co.uk

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Robert Craig: Miller: The Statutory Basis Argument – A Primer – UK Constitutional Law Association

Posted December 6th, 2016 in appeals, constitutional law, EC law, news, royal prerogative, Supreme Court, treaties by sally

‘This is a brief (1200 words brief) summary of the ‘statutory basis’ argument. This post responds directly to the fact that, in the Supreme Court case being heard today, Lord Mance directly asked Mr Eadie QC whether Article 50 had been incorporated. Mr Eadie said that it was not because it did not have ‘direct effect’. It is suggested that the failure to claim Article 50 is in fact part of domestic law was mistaken. A strong argument can be made that triggering Article 50 could be done under an existing statutory power.’

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UK Constitutional Law Association, 5th December 2016

Source: www.ukconstitutionallaw.org

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Profile: the 11 justices of the UK supreme court – The Guardian

Posted December 6th, 2016 in judges, judiciary, news, Supreme Court by sally

‘The justices deciding on the appeal by the government against the high court’s ruling on article 50.’

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The Guardian, 5th December 2016

Source: www.guardian.co.uk

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Royal prerogative takes centre stage as supreme court Brexit case opens – The Guardian

‘Theresa May’s plan to implement Brexit without the authorisation of a vote in parliament would be “a contemporary necessity” rather than a misuse of outdated ancient royal powers, the attorney general said at the start of the most keenly awaited constitutional law case in recent memory.’

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The Guardian, 5th December 2016

Source: www.guardian.co.uk

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Gina Miller: supreme court judges on Brexit case are being vilified – The Guardian

Posted December 5th, 2016 in judiciary, media, news, Supreme Court by sally

‘The supreme court judges who will decide whether the government has the right to trigger article 50 without a parliamentary vote have been disgracefully vilified, according to the lead claimant in the case.’

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The Guardian, 4th December 2016

Source: www.guardian.co.uk

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Everything you need to know about the Supreme Court judgment on Brexit – The Independent

Posted December 5th, 2016 in EC law, news, parliament, prerogative powers, referendums, Supreme Court, treaties by sally

‘The Government’s challenge against the High Court ruling that parliamentary approval is required to start the process of leaving the European Union will be hard tomorrow.’

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The Independent, 4th December 2016

Source: www.independent.co.uk

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The judges protect us. It’s time to stand up for them – The Guardian

‘Brexiteers and their media allies have declared war on our judiciary. On behalf of the people, the supreme court must push back.’

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The Guardian, 5th December 2016

Source: www.guardian.co.uk

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Senior judges prepare to hear Brexit supreme court appeal – The Guardian

Posted December 5th, 2016 in EC law, news, parliament, prerogative powers, referendums, Supreme Court, treaties by sally

‘All 11 of the UK’s most senior judges will take their seats on the supreme court bench on Monday to decide whether parliament or the government has the authority to trigger Brexit.’

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The Guardian, 5th December 2016

Source: www.guardian.co.uk

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Not just any contract… – New Law Journal

Posted November 29th, 2016 in appeals, contracts, drafting, news, rent, Supreme Court by sally

‘Andrew Burns QC & Ishaani Shrivastava examine the implication & construction of contract terms following Marks & Spencer.’

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New Law Journal, 25th November 2016

Source: www.newlawjournal.co.uk

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Brexit: Legal battle over UK’s single market membership – BBC News

Posted November 29th, 2016 in appeals, EC law, export controls, news, referendums, Supreme Court, treaties by sally

‘The government is facing a legal battle over whether the UK stays inside the single market after it has left the EU, the BBC has learned.’

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BBC News, 28th November 2016

Source: www.bbc.co.uk

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UK’s top judge unveils plan to make supreme court more diverse – The Guardian

Posted November 22nd, 2016 in courts, diversity, judges, judiciary, news, Supreme Court by sally

‘The UK’s most senior judge, Lord Neuberger, has announced he will retire next summer and signalled the launch of a judicial appointments process that could – through offering flexible working practices – improve diversity on the supreme court bench.’

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The Guardian, 21st November 2016

Source: www.guardian.co.uk

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Supreme Court’s most senior judge urged to stand down from Article 50 legal hearing over wife’s anti-Brexit Twitter posts – Daily Telegraph

Posted November 21st, 2016 in conflict of interest, EC law, judges, news, recusal, referendums, Supreme Court, treaties by sally

‘The Supreme Court’s most senior judge has been urged to stand down from a crucial legal hearing on Britain’s withdrawal from the European Union after it emerged his wife had posted a series of anti-Brexit tweets.’

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Daily Telegraph, 18th November 2016

Source: www.telegraph.co.uk

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Theresa May refuses to say she will defend judges from press attacks ahead of Brexit judgment

Posted November 17th, 2016 in appeals, EC law, judiciary, media, news, parliament, referendums, Supreme Court by sally

‘Theresa May has refused to say she will defend judges from attacks in the press ahead of a vital judgment on the legal details of of Brexit.’

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The Independent, 16th November 2016

Source: www.independent.co.uk

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Unelected judges decline to prevent deportation of foreign criminal – UK Human Rights Blog

Posted November 17th, 2016 in appeals, deportation, human rights, news, Supreme Court, treaties by sally

‘Amid a level of scrutiny unprecedented in the Supreme Court’s seven-year history, that is a headline unlikely to make it into tomorrow’s tabloids.’

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UK Human Rights Blog, 16th November 2016

Source: www.ukhumanrightsblog.com

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The Brexit Article 50 Ruling In Plain English – RightsInfo

Posted November 16th, 2016 in appeals, EC law, news, parliament, royal prerogative, Supreme Court, treaties by sally

‘The High Court has ruled that the UK Government cannot legally begin the process of leaving the EU without first consulting Parliament. What does the decision mean for our rights and what happens next?’

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RightsInfo, 11th November 2016

Source: www.rightsinfo.org

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With and without foundation – Bedroom tax in Supreme Court – Nearly Legal

‘The Supreme Court has handed down its judgment in the culmination of years of cases on the discriminatory impact of the ‘removal of the spare room subsidy’ – the bedroom tax. The outcome was mixed, even including a split judgment on one case, but in at least one respect, the bedroom tax regulations were held to unlawfully and unjustifiably discriminate against households with disabled members.’

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Nearly Legal, 9th November 2016

Source: www.nearlylegal.co.uk

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Families win supreme court appeals over ‘unfair’ bedroom tax – The Guardian

‘Two families who claimed that the bedroom tax, which restricts housing subsidies, was unfair have won their appeals against the UK government at the supreme court.’

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The Guardian, 9th November 2016

Source: www.guardian.co.uk

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Richard Lang: The Article 50 Litigation and the Court of Justice: Why the Supreme Court Must Refer – UK Constitutional Law Association

‘I’m glad if it was the Lord Chief Justice’s concern about the reversibility or otherwise of the Article 50 procedure which catalyzed the current debate on whether the Article 50 litigation needs a reference to the Court of Justice, as has been rumoured, but on the face of last week’s judgment it seems that the parties at least were in agreement on the point after all: it is not (they say) reversible: R (Miller) v Secretary of State for Exiting the EU, para 10 (hereinafter “Miller”). However, I believe that there is a far simpler, and so far as I can see compulsory, route from the Supreme Court to Luxembourg in this matter, assuming that the Crown does indeed appeal today’s ruling to that court, and that is that (a) the case turns on the interpretation of the phrase “in accordance with its own constitutional requirements” from Article 50(1) of the Treaty on European Union (“Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements”), and (b) interpretation of the Treaty, or indeed any EU Law, is the exclusive competence of the Court of Justice of the EU (“CJEU”).’

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UK Constitutional Law Association, 8th November 2016

Source: www.ukconstitutionallaw.org

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Supreme Court to hear trio of cases on continuing success fee and ATE recoverability – Litigation Futures

Posted October 28th, 2016 in costs, fees, insurance, news, precedent, Supreme Court by sally

‘The Supreme Court has consolidated three cases on whether the continuing recoverability of additional liabilities in publication and privacy cases are incompatible with publishers’ rights to freedom of expression.’

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Litigation Futures, 27th October 2016

Source: www.litigationfutures.com

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