‘This case is concerned with the extent to which a doctor is required, under the duty of care owed to a patient, to inform the patient about alternative possible treatments to the one that is being recommended.’
UKSC Blog, 12th July 2023
Source: ukscblog.com
‘In this post, Anna Walsh (Partner) and Nicole Ellerby (Associate) in CMS’ defendant medical malpractice team consider the awaited decision from the Supreme Court in the Scottish case of McCulloch and Ors v Forth Valley Health Board [2021] CSIH 21.’
UKSC Blog, 3rd July 2023
Source: ukscblog.com
‘Law and Technology Conference Online lecture, Wednesday 14 June 2023.’
Courts & Tribunals Judiciary, 14th June 2023
Source: www.judiciary.uk
‘In this age of drives to digital, we need, written into law, a right for every citizen in the United Kingdom to access Government and local authority services offline (on paper and over the counter)’
Journal of the Law Society Scotland , 15th May 2023
Source: www.lawscot.org.uk
‘Police have been told to investigate whether the Scottish Prison Service should be prosecuted over the death of a remand prisoner, the BBC can reveal.’
BBC News, 7th March 2023
Source: www.bbc.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
‘With the publication of Labour’s Commission on the UK’s Future it is worth contrasting the approach that Gordon Brown and his colleagues have taken with the very successful devolutionary legacy of Donald Dewar.’
UK Constitutional Law Association, 8th February 2023
Source: ukconstitutionallaw.org
‘In this post, Erin Crawley, a trainee solicitor in the Infrastructure, Construction and Energy Disputes team at CMS, comments on the case of McCue (as guardian for Andrew McCue) v Glasgow City Council [2023] UKSC 1.’
UKSC Blog, 2nd February 2023
Source: ukscblog.com
‘In this post, Neal Chandru, an Associate in the Tax team at CMS, comments on the case of DCM (Optical Holdings) Ltd (“DCM”) v Commissioners for his Majesty’s Revenue and Customs (“HMRC”) [2022] UKSC 26 – handed down on 12 October 2022.’
UKSC Blog, 23rd January 2023
Source: ukscblog.com
‘The Scottish government’s chances of winning a legal challenge over the gender reform row are “very low”, a former Supreme Court judge has said.’
BBC News, 18th January 2023
Source: www.bbc.co.uk
‘Rishi Sunak’s government has blocked legislation passed by the Scottish parliament that would make Scotland the first part of the UK to introduce a self-identification system for people who want to change gender.’
The Guardian, 16th January 2023
Source: www.theguardian.com
‘This appeal is concerned with the provision of community care services to disabled persons pursuant to the Social Work (Scotland) Act 1968 (the “1968 Act”) and the charges made for such provision.’
UKSC Blog, 11th January 2023
Source: ukscblog.com
‘Rishi Sunak has been told he risks “re-toxifying” his government’s record on LGBTQ+ rights and introducing “an effective trans travel ban” after the equalities minister announced a review of countries whose process for changing gender on legal documents is recognised by the UK.’
The Guardian, 10th January 2023
Source: www.theguardian.com
‘The UK Supreme Court (UKSC) recently issued its unanimous judgment which found the draft Scottish Independence Referendum Bill to be outside the legislative competence of the Scottish Parliament. While the facts of this case are distinctively different from previous Scottish cases, a common theme remains in the Court’s insistence on ‘ordinary meaning of words’ as its ‘general approach to the interpretation of the Scotland Act’. According to such an approach, the Court prioritises ‘the language carefully chosen by the Parliamentary drafter and enacted by Parliament’ as ‘[t]he best way of ensuring a coherent, stable and workable outcome’. The purpose of this blog post is not to explore the facts of this particular case. Rather, it focuses on the UKSC’s repeated stress of textualism. A similarity is found in the Court’s textual interpretation of Section 28(7), which was understood to affirm the doctrine of parliamentary sovereignty and served as the crux of its previous cases on devolution. The aim of the post is to show the questionable nature of the Court’s textual fidelity and highlight that it runs counter to foundational canons of interpretation. For space constraints, my argument focuses mainly on Section 21 from the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill Reference (UNCRC Incorporation Bill case) after briefly discussing section 17 of the Scottish Legal Continuity Bill.’
UK Constitutional Law Association, 20th December 2022
Source: ukconstitutionallaw.org
‘At paras 56-57 of their judgment, the court in Reference by the Lord Advocate of devolution issues ([2022] UKSC 31) declared: “The central issue is whether legislation for a referendum on Scottish independence would relate to a reserved matter…. The critical question is accordingly whether the proposed Bill would relate to the Union of the Kingdoms of Scotland and England or the Parliament of the United Kingdom”.’
UK Constitutional Law Association, 29th November 2022
Source: ukconstitutionallaw.org
Footballer Rico Quitongo has described losing his race discrimination claim against his former club as a “bitter blow”.
The Independent, 24th November 2022
Source: www.independent.co.uk
‘The Scottish Government drafted a Scottish Independence Referendum Bill which makes provision for a referendum on the question, “Should Scotland be an independent country?”. Under the Scotland Act 1998 (“the Scotland Act”), the power of the Scottish Parliament to make legislation (or its “legislative competence”) is limited. A provision of a Bill will be outside the legislative competence of the Scottish Parliament and therefore not law if it relates to the matters which have been reserved to the United Kingdom Parliament in Westminster (sections 29(1) and (2)(b)). These reserved matters include “the Union of the Kingdoms of Scotland and England” and “the Parliament of the United Kingdom” (Schedule 5, paragraphs 1(b) and (c)).’
UKSC Blog, 23rd November 2022
Source: ukscblog.com
‘The Scottish parliament cannot hold a second independence referendum without Westminster approval, the UK supreme court has ruled, in a unanimous judgment likely to anger Scottish nationalists who say the country’s future is for Scottish voters to decide.’
The Guardian, 23rd November 2022
Source: www.theguardian.com
‘All you need to know about decision on whether Scotland can hold new referendum without Westminster approval.’
The Guardian, 23rd November 2022
Source: www.theguardian.com
‘The Supreme Court will deliver its judgement next Wednesday on whether the Scottish Parliament can hold a second independence referendum without Westminster’s approval.’
BBC News, 16th November 2022
Source: www.bbc.co.uk
© Inner Temple Library 2023