How far will the Supreme Court go as it tackles Owens v Owens? – Family Law

Posted June 22nd, 2018 in divorce, marriage, news, statutory interpretation, Supreme Court by tracey

‘On 17 May, the Supreme Court heard the case of Owens v Owens. It is the first time that the ‘fault based’ divorce provisions in the Matrimonial Causes Act 1973 (MCA 1973) have been considered by the highest court.’

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Family Law, 21st June 2018

Source: www.familylaw.co.uk

Supreme Court rules on true employment status of a contractor in Pimlico Plumbers case – UK Human Rights Blog

Posted June 19th, 2018 in appeals, employment, news, self-employment, substitution, Supreme Court by sally

‘The Supreme Court has unanimously dismissed Pimlico Plumbers Ltd’s appeal and upheld the Employment Tribunal’s ruling that the Respondent – Mr Smith – a plumbing and heating engineer had been:

(a) a “worker” within the meaning of section 230(3) of the Employment Rights Act 1996;

(b) a “worker” within the meaning of regulation 2(1) of the Working Time Regulations 1998 (SI 1998/1833)

(c) in Pimlico’s “employment” within the meaning of section 83(2)(a) of the Equality Act.’

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UK Human Rights Blog, 18th June 2018

Source: ukhumanrightsblog.com

Owens: unreasonable behaviour on trial – New Law Journal

Posted June 18th, 2018 in divorce, marriage, news, statutory interpretation, Supreme Court by sally

‘On 17 May, the Supreme Court heard the case of Owens v Owens . It is the first time that the ‘fault based’ divorce provisions in the Matrimonial Causes Act 1973 (MCA 1973) have been considered by the highest court.’

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New Law Journal, 15th June 2018

Source: www.newlawjournal.co.uk

The Pimlico Plumbers Case Matters for Workers’ Rights: Here’s Why – Rights Info

Posted June 18th, 2018 in contract of employment, news, self-employment, Supreme Court by sally

‘In a landmark decision this week, the UK’s Supreme Court held that a plumber was entitled to employment rights during his time working for Pimlico Plumbers – despite the company saying he was only a freelance contractor. RightsInfo takes a look at what impact this ruling might have on others working in the so-called ‘gig-economy’?’

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Rights Info, 15th June 2018

Source: rightsinfo.org

Landmark Judgment for Women’s Rights – Oxford Human Rights Hub

Posted June 18th, 2018 in abortion, human rights, news, Northern Ireland, Supreme Court by sally

‘The Supreme Court of the United Kingdom concluded on the 7th June 2018 that Northern Ireland’s laws on termination of pregnancy are incompatible with human rights. More specifically, in situations of rape, incest and fatal foetal abnormality a majority of the judges concluded that the law breaches the right to private life protected by article 8 of the European Convention on Human Rights. The Court highlighted the disproportionate nature of the interference, which stresses and humiliates women and girls experiencing a time of crisis. It further recognised the possibility that individual cases, in the three circumstances, may fall within the scope of article 3 and reach the threshold of severity required to be considered inhuman and degrading.’

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Oxford Human Rights Hub, 14th June 2018

Source: ohrh.law.ox.ac.uk

Supreme Court restores avoidance finding in Project Blue SDLT case – OUT-LAW.com

Posted June 15th, 2018 in news, sale of land, stamp duty, Supreme Court, tax avoidance by tracey

‘A stamp duty land tax (SDLT) claim by HM Revenue and Customs (HMRC) in connection with the purchase of the former Chelsea Barracks in London, worth a potential £50 million, has been restored by the UK Supreme Court.’

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OUT-LAW.com, 14th June 2018

Source: www.out-law.com

Website blocking order costs not for ISPs to meet, rules UK court – OUT-LAW.com

Posted June 14th, 2018 in appeals, costs, intellectual property, internet, news, Supreme Court by tracey

‘Internet service providers (ISPs) will not generally be responsible for picking up the costs of implementing court orders to block customers’ access to websites that infringe intellectual property (IP) rights, according to the UK’s highest court.’

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OUT-LAW.com, 13th June 2018

Source: www.out-law.com

UK Supreme Court rejects appeal from Pimlico Plumbers in landmark gig economy case – The Independent

‘The Supreme Court has ruled that a plumber classed as self-employed was in fact a worker in a landmark case for the gig economy.’

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The Independent, 13th June 2018

Source: www.independent.co.uk

Shona Wilson Stark: In Re Northern Ireland Human Rights Commission’s Application for Judicial Review [2018] UKSC 27: A Declaration in All but Name? – UK Constitutional Law Association

‘All eyes were on the UK Supreme Court (UKSC) last week as it gave judgment in In Re Northern Ireland Human Rights Commission’s Application for Judicial Review [2018] UKSC 27, the case challenging the European Convention on Human Rights (ECHR) compatibility of Northern Ireland’s abortion legislation. Such a case is always bound to be headline-grabbing and controversial. But even more heat than usual was generated by this case. For starters, it followed swiftly after the Republic of Ireland’s referendum vote to repeal the Eighth Amendment of its Constitution, which acknowledges the equal right to life of the unborn child. That led to public and political pressure for change on the other side of the border too. But the Northern Ireland Assembly has been suspended since January 2017 and Westminster legislating in this area in its absence – particularly if prompted by the UKSC – would provoke controversy. The Conservative Government’s Confidence and Supply Agreement with the traditionally pro-life Democratic Unionist Party (DUP) further complicates the possibility of reform on this side of the Irish Sea. The outcome of a challenge to the compatibility of the Northern Ireland legislation was therefore keenly anticipated by many. In the event, a Court of seven declined (by a majority) to make the declaration of incompatibility due to a lack of standing. Given the Court’s conclusions, however, the judgment may effectively be a declaration in all but name.’

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UK Constitutional Law Association, 12th June 2018

Source: ukconstitutionallaw.org

Northern Ireland’s abortion law violates human rights but challenge rejected on technical grounds, Supreme Court rules – The Independent

‘Supreme Court judges have said Northern Ireland’s abortion law violates human rights, but rejected a challenge brought by the Northern Ireland Human Rights Commission (NIIHRC) on technical grounds.’

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The Independent, 7th June 2018

Source: www.independent.co.uk

Supreme Court to hear Darnley appeal in A&E receptionist case – Law Society’s Gazette

Posted June 6th, 2018 in appeals, hospitals, negligence, news, Supreme Court by tracey

‘The Supreme Court will look again this week at a case that split the Court of Appeal and was widely felt to have serious implications for clinical negligence law. Justices will hear the appeal in Darnley v Croydon Health Services NHS Trust after a challenge from the paralysed claimant was dismissed by majority in the Court of Appeal last year.’

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Law Society's Gazette, 6th June 2018

Source: www.lawgazette.co.uk

Erika Rackley and Rosemary Hunter: Judicial Leadership, Lady Hale and the UK Supreme Court – UL

Posted May 31st, 2018 in judges, judiciary, news, Supreme Court by sally

‘It has been a busy nine months since Lady Hale assumed formal leadership of the UK Supreme Court. During this time she has sworn-in three new colleagues, lead the court on a historic sitting in Northern Ireland, delivered or contributed to judgments in relation to police investigations of violent crime, cohabitee’s pension rights, the treatment of Alfie Evans and smoking bans, spoken to university students, school pupils and west London law clinic volunteers, travelled overseas, delivered speeches on marriage reform, legal aid, religious dress, and the upcoming anniversary of women’s entry into the legal profession, overseen a senior appointments round, and – of course – made an appearance on BBC’s Masterchef.’

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UK Constitutional Law Association, 30th May 2018

Source: ukconstitutionallaw.org

Case Comment: Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24 – Supreme Court Blog

Posted May 23rd, 2018 in agreements, appeals, contracts, news, Supreme Court by tracey

‘Mitchell Abbott, trainee in the dispute resolution team at CMS, offers comment on the decision of the Supreme Court in the matter of Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24.’

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Supreme Court Blog, 18th May 2018

Source: ukscblog.com

Should it be easier to get a divorce in England and Wales? – BBC News

Posted May 17th, 2018 in appeals, divorce, news, Supreme Court by tracey

‘Tini Owens desperately wants to divorce her husband. She says she’s been unhappy for many years and she feels locked in a loveless marriage. For her, after four decades together and with their children now grown up, it’s time to formally end the relationship. But her husband, Hugh Owens, does not feel the same way. He says they still have a few years to enjoy together. He’s fighting hard to stop her getting her way and has been successful so far. Their divorce battle goes to the highest court in the UK on Thursday.’

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BBC News, 17th May 2018

Source: www.bbc.co.uk

Supreme Court to hear case on community benefit fund as material consideration – Local Government Lawyer

Posted May 16th, 2018 in local government, news, planning, Supreme Court by sally

‘The Supreme Court has agreed to hear an appeal over whether a local planning authority was entitled to take into account as a material consideration the offer of a community benefit fund donation, it has been reported.’

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Local Government Lawyer, 14th May 2018

Source: www.localgovernmentlawyer.co.uk

Jacob Eisler: Robinson v. Chief Constable of West Yorkshire Police, 2018 UKSC 4 – UK Constitutional Law Association

Posted May 15th, 2018 in appeals, duty of care, news, police, Supreme Court by sally

‘When, in the performance of their roles, do public authorities owe a private law duty of care to those harmed by their actions, and thus face common law tort liability if they discharge their state functions carelessly? The latest case on duties for public authorities, Robinson v. Chief Constable of West Yorkshire, indicates that the private duties owed in tort by public entities are the same as any other party under the common law. Robinson involved a positive act by police which harmed an innocent bystander; the UKSC was unanimous that the police owed a private duty of care to the victim. The leading opinion by Lord Reed was unequivocal that public authorities face the same test for common law duty of care as any other entity, rather than enduring higher, enjoying more lenient, standards. While Lord Reed’s analysis offers a compelling synthesis of legal precedent, the alternative approach advanced by Lord Hughes and Lord Mance raises questions regarding the durability of Lord Reed’s reasoning.’

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UK Constitutional Law Association, 14th May 2018

Source: ukconstitutionallaw.org

Miscarriage of justice victims are cast aside in the UK. The details are shocking – The Guardian

Posted May 10th, 2018 in appeals, compensation, miscarriage of justice, news, Supreme Court, victims by sally

‘The wrongly convicted are abandoned by the state. This week, the supreme court has a chance to change that.’

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The Guardian, 9th May 2018

Source: www.theguardian.com

A terrible muddle: the issue of no-fault divorce – Family Law

Posted May 4th, 2018 in divorce, news, Supreme Court by tracey

‘On 17 May this year, the Supreme Court will hear the case of Owens v Owens. Never before has it had to consider what is meant by s 1(2)(b) of the Matrimonial Causes Act 1973 (MCA 1973) “that the Respondent has behaved in such a way that the Petition cannot reasonably be expected to live with the Respondent”, or (for short), “unreasonable behaviour”.’

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Family Law, 3rd May 2018

Source: www.familylaw.co.uk

Cohabitees’ inheritance rights – courts will decide each case on its facts – Family Law

Posted May 4th, 2018 in cohabitation, intestacy, news, Supreme Court by tracey

‘Private Client analysis: In Thompson v Ragget and others [2018] EWHC 688 (Ch), [2018] All ER (D) 18 (Apr), the claimant claimed reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 out of the estate of her late partner, who had left her nothing. Paul King, CEO and head of legal practice, and Jen Wiss-Carline, chartered legal executive at April King Legal, comment on the case.’

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Family Law, 3rd May 2018

Source: www.familylaw.co.uk

Supreme Court to hear NI woman’s widow benefit case – BBC News

Posted April 25th, 2018 in benefits, news, Northern Ireland, Supreme Court, widows by sally

‘An unmarried mother from Northern Ireland who is fighting for access to a widowed parent’s allowance is to have her case heard by the Supreme Court.’

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BBC News, 25th April 2018

Source: www.bbc.co.uk