Ordinary Residence: Can the ‘Shah test’ survive after Re A and the Cornwall Council case? – Family Law Week

Posted August 12th, 2014 in appeals, children, mental health, news, residence orders, Supreme Court by sally

‘Jennifer Perrins, barrister of 1 King’s Bench Walk, and Amy Rowe, associate solicitor with Bindmans LLP, consider whether the test of ordinary residence is distinctive from that of habitual residence.’

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Family Law Week, 12th August 2014

Source: www.familylawweek.co.uk

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£300,000 on Supreme Court constitutional cases – BBC News

Posted August 11th, 2014 in bills, costs, devolution, ministers' powers and duties, news, Supreme Court, Wales by sally

‘More than £300,000 has been spent by the Welsh and UK governments on three Supreme Court cases about assembly powers, the BBC has learned.’

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BBC News, 10th August 2014

Source: www.bbc.co.uk

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Appeal court backs publication of arrest names – Law Society’s Gazette

‘A man arrested but never charged over sexual offences has failed to persuade the Court of Appeal that newspapers should be barred from identifying him.’

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Law Society’s Gazette, 5th August 2014

Source: www.lawgazette.co.uk

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Supreme Court agrees to hear case on eviction and disability discrimination – Local Government Lawyer

‘The Supreme Court has issued a last-minute order to prevent the eviction of a disabled social housing tenant.’

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Local Government Lawyer, 6th August 2014

Source: www.localgovernmentlawyer.co.uk

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Should children give evidence in family proceedings? – Halsbury’s Law Exchange

‘The case concerned a five-year-old boy. The appellant, his father, had applied for contact. The mother had opposed, alleging violence and so a fact finding hearing was ordered. The mother wanted her 13-year-old daughter, from a different relationship, to give evidence about some of the alleged incidents. That child had never been asked about the incidents and had to date given no account, whether by an Achieving Best Evidence (ABE) interview or otherwise. The judge ordered Cafcass to meet with this child to explore matters further – in particular, whether that child should answer questions put to her in writing and/or give live evidence at the hearing. The father appealed that decision. After the hearing and before the father obtained a stay, Cafcass met the child. Cafcass recommended that the questions should be reworded and reduced in number and also that the child “should not be compelled to provide live evidence” and/or “subjected to live cross-examination”.’

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Halsbury’s Law Exchange, 6th August 2014

Source: www.halsburyslawexchange.co.uk

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Arguably Serious – Aster Communities Ltd v Akerman-Livingstone – NearlyLegal

‘Aster Communities Ltd (formerly Flourish homes Ltd) v Akerman-Livingstone [2014] EWCA Civ 1081 (30 July 2014) is an extraordinary decision that will – if allowed to stand – have a significant impact on the day-to-day management of possession claims in the county court.’

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NearlyLegal, 5th August 2014

Source: www.nearlylegal.co.uk

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The quasi-trust – The Barristers’ Hub

‘As every student of equity knows well, a trust is a type of property ownership in which one or more people (the trustee(s)) hold property on behalf of one or more other people (the beneficiary/ies), exercise all the powers of an owner of property in relation to third parties, but are bound to do so for the exclusive interests of the beneficiaries. A trust can be express, made by a formal written implement, or implied, either by transfer of property without explanation (a resulting trust) or in circumstances where the common intention of the parties is or is deemed to be for the property to be held on trust (a constructive trust). Both express and implied trusts are genuine trusts: the property is owned by the trustee, subject to the interest of the beneficiaries.’

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The Barristers’ Hub, 1st August 2014

Source: www.barristershub.co.uk

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Spencer v Taylor- Some Analysis – NearlyLegal

Posted August 4th, 2014 in appeals, landlord & tenant, news, notification, repossession, Supreme Court by sally

‘We have already reported briefly on the Supreme Court decision to refuse permission to appeal to the tenant in the case of a Spencer v Taylor on the grounds that no new points of law were raised.’

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NearlyLegal, 3rd August 2014

Source: www.nearlylegal.co.uk

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Supreme Court calls time on Greek yoghurt food fight – The Lawyer

Posted July 31st, 2014 in appeals, costs, food, injunctions, intellectual property, news, Supreme Court by michael

‘The Supreme Court has sided with the makers of Total yoghurt, Fage, in refusing US rival Chobani permission to appeal the definition of Greek yoghurt.’

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The Lawyer, 30th July 2014

Source: www.thelawyer.com

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Illegal immigrant Mary Hounga can claim discrimination, says landmark Supreme Court ruling – Daily Telegraph

‘Illegal immigrants are entitled to bring court actions against their employers for discrimination, the Supreme Court has said in a landmark judgment.’

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Daily Telegraph, 30th July 2014

Source: www.telegraph.co.uk

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Ann Sherlock: Supreme Court ruling on Welsh legislation – UK Constitutional Law Association

‘On 9 July 2014, the Supreme Court delivered its unanimous ruling that the Agricultural Sector (Wales) Bill was within the legislative competence of the National Assembly for Wales.’

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UK Constitutional Law Association, 30th July 2014

Source: www.ukconstitutionallaw.org

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Coventry and others (Respondents) v Lawrence and another (Appellants) – Supreme Court

Coventry and others (Respondents) v Lawrence and another (Appellants) [2014] UKSC 46 (YouTube)

Supreme Court, 23rd July 2014

Source: www.youtube.com/user/UKSupremeCourt

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Joanna Michael family in Supreme Court in negligence fight – BBC News

‘The family of a mother-of-two stabbed to death will take its negligence claim against two police forces to the Supreme Court.’

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BBC News, 28th July 2014

Source: www.bbc.co.uk

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Supreme Court set to rule on rights of trafficked Nigerian girl – The Independent

‘The UK’s highest court will rule on a landmark decision of whether illegal immigrants should be deprived of fundamental workers’ rights, following the appeal of a Nigerian national who was trafficked into the UK. Judges from the Supreme Court, including Britain’s most senior female judge Lady Hale, will deliver the verdict on Wednesday in a case which could set an important precedent for the rights of workers found to be treated as modern-day slaves.’

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The Independent, 27th July 2014

Source: www.independent.co.uk

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More women judges will improve law’: Britain’s only female Supreme Court judge calls for more diversity – The Independent

Posted July 28th, 2014 in diversity, judiciary, legal profession, news, statistics, Supreme Court, women by sally

‘Britain’s only female Supreme Court judge says there needs to be more gender equality shown across Britain’s legal system and that by appointing more female judges the quality of justice could be greatly improved.’

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The Independent, 27th July 2014

Source: www.independent.co.uk

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Lawrence and another v Fen Tigers Ltd and others (No 2) – WLR Daily

Posted July 24th, 2014 in appeals, landlord & tenant, law reports, noise, nuisance, sport, Supreme Court by sally

Lawrence and another v Fen Tigers Ltd and others (No 2) [2014] UKSC 46; [2014] WLR (D) 332

‘In order for the landlord to be liable for nuisance caused by the tenant of a property the circumstances had to be such that the landlord either (i) could be said to have authorised the nuisance by letting the property in question or (ii) had participated directly in the commission of the nuisance, and it was not enough that the landlord was aware of the nuisance but took no steps to prevent it.’

WLR Daily, 23rd July 2014

Source: www.iclr.co.uk

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Supreme Court: recoverability “may have breached article 6″ and could spark compensation claims – Litigation Futures

Posted July 24th, 2014 in appeals, fees, human rights, insurance, news, Supreme Court by sally

‘The pre-Jackson regime of recoverable success fees and after-the-event (ATE) insurance may breach the European Convention on Human Rights, with “very serious consequences for the government”, the Supreme Court suggested yesterday.’

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Litigation Futures, 24th July 2014

Source: www.litigationfutures.com

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R (on the application of Sandiford) (Appellant) v The Secretary of State for Foreign and Commonwealth Affairs (Respondent) – Supreme Court

R (on the application of Sandiford) (Appellant) v The Secretary of State for Foreign and Commonwealth Affairs (Respondent) [2014] UKSC 44 (YouTube)

Supreme Court, 16th July 2014

Source: www.youtube.com/user/UKSupremeCourt

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FHR European Ventures LLP and others (Respondents) v Cedar Capital Partners LLC (Appellant) – Supreme Court

Posted July 22nd, 2014 in agency, appeals, fiduciary duty, law reports, Supreme Court by sally

FHR European Ventures LLP and others (Respondents) v Cedar Capital Partners LLC (Appellant) (YouTube)

Supreme Court, 9th July 2014

Source: www.youtube.com/user/UKSupremeCourt

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Where does Lindsay Sandiford’s appeal leave the funding of lawyers abroad? – Halsbury’s Law Exchange

‘The appellant is a British national who was convicted of drug trafficking offences in Indonesia and sentenced to death. She is currently awaiting execution in prison in Bali. The respondent claimed to have a strict “bright line” policy never to provide legal funding in criminal proceedings abroad, even where the death penalty may apply. The Supreme Court granted permission to appeal from the judgment of the Court of Appeal only on the issue of whether the respondent’s policy was irrational or incompatible with the European Convention on Human Rights (ECHR).’

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Halsbury’s Law Exchange, 21st July 2014

Source: www.halsburyslawexchange.co.uk

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