John Major’s lawyer attacks No 10 prorogation claims as ‘misleading’ – The Guardian

‘Downing Street put out “misleading” statements about the prorogation of parliament and published excuses for Boris Johnson’s five-week suspension of the Commons that are “not the true reasons”, the supreme court has been told by a lawyer for the former prime minister John Major.’

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The Guardian, 19th September 2019

Source: www.theguardian.com

Supreme Court: What happened in the suspension of Parliament case? – BBC News

‘This was no ordinary court case. The battle in the Supreme Court over the shutdown of Parliament is a historic test of the powers of the prime minister, MPs and the courts.’

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BBC News, 19th September 2019

Source: www.bbc.co.uk

Jeff King: Miller/Cherry and Remedies for Ultra Vires Delegated Legislation – UK Constitutional Law Association

‘The issue of remedies for any finding that the 2019 prorogation of the UK Parliament is unlawful is presently under discussion in pleadings in the joined appeals of Miller No.2 and Joanna Cherry MP (and others) in the Supreme Court. Essentially, the question concerns what must occur if the minister’s advice is found unlawful, and what is the effect of ‘declaring’ the Order in Council which authorized the prorogation of Parliament to be ultra vires. Does it mean prorogation never legally happened? Should Parliament have been in session all along? How is any summoning or recall to take effect?’

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UK Constitutional Law Association, 19th September 2019

Source: ukconstitutionallaw.org

Open justice ‘victory’ revisited – Family Law

‘Laws governing the release of court material to non-parties in civil cases post Cape Intermediate are clear, but has the decision moved transparency laws forward for family proceedings? David Burrows reports.’

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Family Law, 19th September 2019

Source: www.familylaw.co.uk

A Tale of Two Judgments: Scottish Court of Session rules prorogation of Parliament unlawful, but High Court of England and Wales begs to differ – UK Human Rights Blog

‘The Scottish Court of Session (Inner House) today ruled that the Prime Minister’s advice to the Queen to prorogue Parliament was unlawful. The High Court of England and Wales today handed down its judgment on the same issue – and came to the opposite conclusion.’

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UK Human Rights Blog, 11th September 2019

Source: ukhumanrightsblog.com

Alan Greene: Miller 2, Non-justiciability and the Danger of Legal Black Holes – UK Constitutional Law Association

‘In R (Miller) and Others v The Prime Minister (hereinafter Miller No.2), the High Court of England and Wales found that the decision of the Prime Minister to advise the Queen to prorogue parliament was non-justiciable. In doing so, the judgment reveals the propensity of the judiciary to be much more protective of its own empire than that of the legislature. Ultimately, however, it is an approach that undermines both due to the creation of a legal black hole.’

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UK Constitutional Law Association, 13th September 2019

Source: ukconstitutionallaw.org

Article: The legal challenge to proroguing Parliament – what is happening in the Scottish Courts? – UKSC Blog

‘In this article, UKSC Blog editor, Emma Boffey, an associate at CMS based in Scotland, writes on the Scottish legal challenge to the proroguing of the UK Parliament: a case widely expected to head to the UK Supreme Court in the coming weeks.’

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UKSC Blog, 2nd September 2019

Source: ukscblog.com

Cape Intermediate Holdings Ltd v Dring (Asbestos Victims Support Groups Forum UK) [2019] UKSC 38 – Hardwicke Chambers

‘In this case, the UKSC held that courts have an inherent jurisdiction independent of the CPR to order non-party access to court documents under the constitutional principle of open justice. This, however, is to be balanced against both any countervailing interests in refusing access, and the principle of practicality and proportionality.’

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Hardwicke Chambers, 28th August 2019

Source: hardwicke.co.uk

Public sector to launch ‘mass legal battle’ over pension reforms – The Guardian

‘Mass legal claims on behalf of teachers and doctors alleging that changes to their pensions in 2015 were discriminatory are being launched against the government.’

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The Guardian, 27th August 2019

Source: www.theguardian.com

Exclusive Jurisdiction for Company Law Claims Under Article 24 (2) of the Brussels I (Recast) Regulation: Akçil and Others v Koza Ltd and Another [2019] UKSC 40 – 39 Essex Chambers

‘On 29 July 2019, the Supreme Court handed down its decision in Akçil and others v Koza Ltd and another [2019] UKSC 40 (see Supreme Court judgment) unanimously overturning the decision of the Court of Appeal ([2017] EWCA Civ 1609) regarding the interpretation of the the exclusive company law jurisdictional provisions in Article 24(2) of the Brussels I (Recast) Regulation (1215/2012).’

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39 Essex Chambers, 2nd August 2019

Source: www.39essex.com

The Caparo Illusion: The Three-Stage Test Has Gone. What Happens Next? – 4 New Square

Posted August 23rd, 2019 in appeals, duty of care, negligence, news, Supreme Court by sally

‘In Robinson v. Chief Constable of West Yorkshire Police [2014] EWCA Civ 15 the Court of Appeal held that “the Caparo test applies to all claims in the modern law of negligence”. By the time the case reached the Supreme Court that well-known three-stage test had been held to be of no practical application. How and why did this volte-face occur? And where does that leave lawyers and judges when deciding whether a duty of care is owed or not? Mark Cannon QC and Joshua Folkard discuss.’

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4 New Square, 13th August 2019

Source: www.4newsquare.com

Supreme Court rules that all courts and tribunals are subject to the open justice principle – 4 KBW

‘The Supreme Court has ruled in the case of Cape Intermediate Holdings Ltd v Dring (Asbestos Victims Support Groups Forum UK) [2019] that all courts and tribunals that exercise the judicial power of the state are subject to the ‘open justice’ principle.’

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4 KBW, 6th August 2019

Source: www.4kbw.net

Former top judge lambasts Grayling and Truss in memoir – The Guardian

‘The former lord chancellor Chris Grayling “never believed access to social justice” was important while Liz Truss was a “disaster” in the same role, according to a highly revealing memoir by one of the country’s most senior, recently retired judges.’

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The Guardian, 21st August 2019

Source: www.theguardian.com

Boris Johnson: Court quashes attempt to prosecute prime minister over Brexit bus ‘lies’ – The Independent

‘An attempt to prosecute Boris Johnson over the claim that Britain gave the EU £350m a week has been thrown out by a judge.’

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The Independent, 14th August 2019

Source: www.independent.co.uk

Discrimination claims and s204 appeal – Local Government Lawyer

‘The Court of Appeal has ruled that there is no home for discrimination claims in section 204 appeals, write Dean Underwood and Riccardo Calzavara.’

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Local Government Lawyer, 13th August 2019

Source: www.localgovernmentlawyer.co.uk

Wise counsel: Lady Black – Counsel

Posted August 9th, 2019 in barristers, family courts, judges, news, Supreme Court by tracey

‘Running from the Bar (and back again), the dynamics between bench and counsel, and why family law is no poor relation. Sagacious yet self-effacing, the second-ever female Supreme Court judge agrees to a rare interview.’

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Counsel, August 2019

Source: www.counselmagazine.co.uk

Case Comment: Cape Intermediate Holdings Ltd v Dring (for and on behalf of Asbestos Victims Support Groups Forum UK) [2019] UKSC 38 – UKSC Blog

Posted August 8th, 2019 in civil procedure rules, documents, news, Supreme Court, third parties by tracey

‘In a decision described as a “victory for open justice”, the Supreme Court has held that non-parties to litigation are entitled to access certain documents from a trial to which it was not a party.’

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UKSC Blog, 5th August 2019

Source: ukscblog.com

‘Babies living with abusive parents under 24-hour CCTV, as Children’s Commissioner calls for review into the ‘Big Brother-style’ centres – Daily Telegraph

‘Babies are living with abusive parents under 24-hour CCTV surveillance, The Telegraph can reveal, as the Children’s Commissioner calls for a review into the ‘Big Brother-style’ accommodation.

However “disturbing” cases – which have remained unreported until now – where children have been physically injured and sexually abused while living in the units have prompted the Children’s Commissioner to call for a review into the controversial scheme.’

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Daily Telegraph, 4th August 2019

Source: www.telegraph.co.uk

Supreme Court backs third party access to court documents – OUT-LAW.com

Posted August 2nd, 2019 in civil procedure rules, courts, documents, news, Supreme Court, third parties by tracey

‘Campaigners, the media and others who are not parties to court proceedings should be permitted to access court documents as “the default position”, the UK’s highest court has ruled.’

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OUT-LAW.com, 1st August 2019

Source: www.pinsentmasons.com

Supreme Court backs public access to court documents – Litigation Futures

‘Non-parties to litigation should generally have access to all written submissions and documents which have been placed before the court and referred to during the hearing, the Supreme Court has ruled.’

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Litigation Futures, 29th July 2019

Source: www.litigationfutures.com