‘In this post, Lisa Fox, a senior associate in the litigation team at CMS, previews the decision awaited from the Supreme Court in London Borough of Merton v Nuffield Health Ltd.’
UKSC Blog, 24th February 2023
Source: ukscblog.com
‘The Supreme Court will next week (1 March) hand down its ruling in a dispute over whether a rent repayment order can only be made against an immediate landlord or whether a superior landlord can also be liable.’
Local Government Lawyer, 24th February 2023
Source: www.localgovernmentlawyer.co.uk
‘Under the Value Added Tax Act 1994 (the “VAT Act“), “newspapers” are “zero-rated”, meaning Value Added Tax (“VAT“) is not charged on them. The question in this case is whether, between 30 August 2010 – 4 December 2016 (the “relevant period“), zero-rating extended beyond print newspapers to digital editions of newspapers, such as editions for e-readers, tablets, smartphones and websites.’
UKSC Blog, 22nd February 2023
Source: ukscblog.com
‘It will come as a surprise to most lawyers to learn that a term may be implied into a contract that is inconsistent with an express term of that contract. Frankly, this proposition would probably surprise even the justices of the Supreme Court, who recently reaffirmed in Barton v Morris [2023] UKSC 3 (at [24], [25], [107], [165]-[167], and [221]) that the implication of such a term is prohibited.’
UK Labour Law, 22nd February 2023
Source: uklabourlawblog.com
‘Shamima Begum, who left Britain as a schoolgirl to join Islamic State (IS), has lost an appeal against the decision to remove her British citizenship.’
The Guardian, 22nd February 2023
Source: www.theguardian.com
‘The pumping of raw, untreated sewage into Britain’s waterways is one of the defining political issues of the day. Its potency as a legal issue, however, is limited. That, at least, is the outcome of R (Wild Justice) v OFWAT [2023] EWCA Civ 28.’
UK Human Rights Blog, 21st February 2023
Source: ukhumanrightsblog.com
‘A decision expected from the Court of Appeal in London could re-open the door for the courts to consider the scope of self-invested personal pension scheme (SIPP) operators’ due diligence obligations under Financial Conduct Authority (FCA) rules, and on their obligations to compensate customers where there have been failings, legal experts have said.’
OUT-LAW.com, 17th February 2023
Source: www.pinsentmasons.com
‘I can’t say that I recall Dyson LJ’s judgment in Connex South Eastern Ltd v MJ Building Services Group being handed down back in 2005 but I do know it is the case that told us that the phrase “at any time” means exactly that. It’s like Ronseal’s famous phrase, “Does exactly what it says on the tin”. With the Court of Appeal giving the words their literal and ordinary meaning, it was plain speaking at its best! It has also meant that for as long as I can remember, we have all assumed that there is no time limit on when a party can start an adjudication. (In Connex, the court was dealing with a situation where the notice of adjudication was issued after practical completion and after repudiation of the contract.) Consequently, the only limitations (if there are any) are the ones we find in the Limitation Act 1980, which doesn’t prevent a party from starting an adjudication but may provide the responding party with a defence (if taken), which means the adjudicator’s decision will be in their favour. (The same applies in court proceedings and, if the defence is successful, the claim may be struck out.) If this is all so well-established, you might wonder why I’m bothering to mention it. The answer is, because of HHJ Russen KC’s judgment in LJR Interiors Ltd v Cooper Construction Ltd, which he handed down last month.’
Practical Law: Construction Blog , 14th February 2023
‘A significant legal victory in a case brought by a householder affected by Japanese knotweed has raised the prospect of an increase in claims from people stricken by the hazardous plant.’
The Guardian, 14th February 2023
Source: www.theguardian.com
‘Anjali Patel looks at the lessons to be learned from the Supreme Court’s ruling in the Tate Modern viewing platform dispute.’
Local Government Lawyer, 10th February 2023
Source: www.localgovernmentlawyer.co.uk
‘A local authority recently conceded that Children Act 1989 duties take precedence over residual and discretionary Immigration Act 1999 powers. Amanda Weston KC and Maria Moodie explain why.’
Local Government Lawyer, 10th February 2023
Source: www.localgovernmentlawyer.co.uk
‘In this post, Jack Prytherch, Of Counsel in the Tax team at CMS, previews the decision awaited from the Supreme Court in Commissioners for His Majesty’s Revenue and Customs v Vermilion Holdings Limited. The appeal was heard by the Supreme Court on 7 February 2023.’
UKSC Blog, 9th February 2023
Source: ukscblog.com
‘The Northern Ireland Protocol is lawful, the UK Supreme Court has ruled.’
BBC News, 8th February 2023
Source: www.bbc.co.uk
‘The Supreme Court’s ruling in a nuisance dispute involving a viewing platform at the Tate Modern gallery in London could “open a new front of litigation”, according to two legal experts.’
OUT-LAW.com, 6th February 2023
Source: www.pinsentmasons.com
‘A land owner has won a legal fight after complaining about Japanese knotweed encroaching from council land.’
BBC News, 5th February 2023
Source: www.bbc.co.uk
‘A land owner has won a damages fight after complaining about Japanese knotweed encroaching from neighbouring land.’
The Independent, 3rd February 2023
Source: www.independent.co.uk%20
‘A man who was jailed for 13 rapes is due to be released despite an appeal from the justice secretary.’
BBC News, 3rd February 2023
Source: www.bbc.co.uk
‘The owners of four flats overlooked by the Tate Modern in London have won a Supreme Court privacy bid over the use of the gallery’s viewing platform.’
The Independent, 1st February 2023
Source: www.independent.co.uk
‘A Court of Appeal judge has dismissed a mother’s appeal in care proceedings, despite expressing a number of concerns “about the prolonged and tortuous process that followed the fact-finding hearing”.’
Local Government Lawyer, 31st January 2023
Source: www.localgovernmentlawyer.co.uk
© Inner Temple Library 2024