Councils face rise in claims after Supreme Court rules on foster abuse liability – Local Government Lawyer

Posted October 19th, 2017 in appeals, fostering, local government, news, Supreme Court, vicarious liability by tracey

‘Local authorities face a significant increase in claims after a majority of the Supreme Court ruled that councils can be held vicariously liable for wrongful actions of foster parents to a child in foster care.’

Full Story

Local Government Lawyer, 18th October 2017

Source: localgovernmentlawyer.co.uk

Domestic workers win supreme court case against Saudi diplomat – The Guardian

Posted October 19th, 2017 in appeals, diplomats, immunity, news, Supreme Court, trafficking in human beings by tracey

‘Two domestic workers who say they were exploited by a Saudi diplomat in London have won a major victory in the supreme court after judges ruled that their employer was no longer protected by diplomatic immunity.’

Full Story

The Guardian, 18th October 2017

Source: www.theguardian.com

Foster care abuse victim in ‘landmark’ win against council – BBC News

‘A woman who was abused as a child by her foster parents has won a Supreme Court battle against the local authority responsible for her care.’

Full Story

BBC News, 18th October 2017

Source: www.bbc.co.uk

Supreme Court to consider if NHS in breach over man who left A&E before triage – Local Government Lawyer

Posted October 12th, 2017 in appeals, duty of care, health, hospitals, medical treatment, news, Supreme Court by sally

‘The Supreme Court has agreed to hear an appeal over a Court of Appeal ruling that the NHS was not in breach of its duty when a man left an accident and emergency department and subsequently suffered brain damage.’

Full Story

Local Government Lawyer, 10th October 2017

Source: www.localgovernmentlawyer.co.uk

Brenda Hale sworn in as first female president of UK’s supreme court – The Guardian

Posted October 3rd, 2017 in diversity, judiciary, news, Supreme Court, women by sally

‘Brenda Hale, the first female president of the supreme court, and Sir Ian Burnett, the youngest lord chief justice for 50 years, have been sworn in at the opening of the legal year.’

Full Story

The Guardian, 2nd October 2017

Source: www.theguardian.com

Supreme Court to consider legal standard on adequacy of reasons in planning – Local Government Lawyer

Posted October 2nd, 2017 in judicial review, local government, news, planning, reasons, standards, Supreme Court by sally

‘The Supreme Court will next month consider the correct legal standard to be applied in assessing the adequacy of reasons provided by local planning authorities when granting planning permission.’

Full Story

Local Government Lawyer, 29th September 2017

Source: www.localgovernmentlawyer.co.uk

Fee change: all change? – New Law Journal

‘Alex Hawley reflects on the rise in anti-austerity sentiment & the possible impact of the Unison judgment on civil court fees.’

Full Story

New Law Journal, 15th September 2017

Source: www.newlawjournal.co.uk

Family: Undertakings and variations – Law Society’s Gazette

Posted October 2nd, 2017 in covenants, jurisdiction, mortgages, news, Supreme Court, undertakings by sally

‘While the Supreme Court’s decision in Birch v Birch [2017] UKSC 53 is ostensibly about the court’s power to vary undertakings, it provides useful broader guidance on the variation of family orders generally.’

Full Story

Law Society's Gazette, 2nd October 2017

Source: www.lawgazette.co.uk

Supreme Court to hear appeal against defective service ruling in law firm negligence case – Litigation Futures

‘The Supreme Court will hear an appeal in November by a litigant in person over the defective service of a negligence claim against a Midlands law firm, it has been confirmed.’

Full Story

Litigation Futures, 29th September 2017

Source: www.litigationfutures.com

Thomas Fairclough: What’s New About the Rule of Law? A Reply to Michal Hain – UK Constitutional Law Association

‘This blog recently published a detailed piece by Michal Hain. He made some very interesting claims that this note will examine. I start by explaining Hain’s arguments and ordering them roughly according to the way they come out in his piece. I then examine each in greater detail giving my own views. Finally, I will conclude with some general points about constitutionalism and individual cases.’

Full Story

UK Constitutional Law Association, 18th September 2017

Source: ukconstitutionallaw.org

Finance and Divorce Update September 2017 – Family Law Week

Posted September 7th, 2017 in agreements, appeals, divorce, financial provision, news, Supreme Court by tracey

‘Sue Brookes, Principal Associate with Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during August 2017.’

Full Story

Family Law Week, 1st September 2017

Source: www.familylawweek.co.uk

‘Administrative’ solution to employment tribunal fee issues imminent – OUT-LAW.com

‘A short stay on employment tribunal claims brought “in reliance upon” the Supreme Court’s recent finding that the fee regime introduced in 2013 was unlawful has been lifted by the tribunal service.’

Full Story

OUT-LAW.com, 24th August 2017

Source: www.out-law.com

R (UNISON) v Lord Chancellor – Blackstone Chambers

Posted August 22nd, 2017 in appeals, employment tribunals, equality, fees, news, Supreme Court, trade unions by sally

‘The Supreme Court today [30 July] allowed UNISON’s appeal and held that fees imposed in respect of proceedings in employment tribunals and the Employment Appeal Tribunal are unlawful because of their effects on access to justice.’

Full Story

Blackstone Chambers, 30th July 2017

Source: www.blackstonechambers.com

Supreme Court to hear appeal on opposite-sex civil partnerships – Law & Religion UK

Posted August 22nd, 2017 in appeals, civil partnerships, equality, news, Supreme Court by sally

‘S 1(1) Civil Partnership Act 2004 stipulates that only a same-sex couple may conclude a civil partnership: “A civil partnership is a relationship between two people of the same sex…”. Rebecca Steinfeld and Charles Keidan have sought judicial review of that provision and have been unsuccessful both at first instance and in the Court of Appeal.’

Full Story

Law & Religion UK, 22nd August 2017

Source: www.lawandreligionuk.com

Swynson Ltd v Lowick Rose LLP: bending the law on damages to the point of breaking? – Hardwicke Chambers

Posted August 22nd, 2017 in appeals, damages, loans, news, Supreme Court by sally

‘In 2006, Swynson Ltd proposed to lend £15m to finance a management buy-out. It instructed Lowick Rose LLP (then called Hurst, Morrison Thomson (HMT)) to carry out due diligence on the target company. HMT did so negligently. But for its negligence, the loan would not have been made.’

Full Story

Hardwicke Chambers, 28th July 2017

Source: www.hardwicke.co.uk

Revisiting reasonable skill and care: have construction professionals lost Bolam protection without even noticing? – Hardwicke Chambers

Posted August 22nd, 2017 in appeals, construction industry, negligence, news, Supreme Court by sally

‘In recent years there has been increasing interest as to whether construction professionals need to produce an end design that is fit for purpose or simply to show that they exercised reasonable skill and care. The Court of Appeal’s decision to overturn the first instance judgment in MT Hojgaard v Eon (and the first instance decision of Coulson J in MW High Tech v Haase), dampened the excitement somewhat by emphasising the orthodox position that, absent something really quite categorical in the terms, it is the standard of reasonable skill and care that applies.’

Full Story

Hardwicke Chambers, 31st July 2017

Source: www.hardwicke.co.uk

The Supreme Court, ET fees and access to justice: Stopping the government in its tracks – Cloisters

Posted August 22nd, 2017 in appeals, employment tribunals, equality, fees, news, regulations, Supreme Court by sally

‘Caspar Glyn QC, Schona Jolly QC and Sian McKinley consider the implications of today’s seismic decision from the Supreme Court which ruled that ET fees are unlawful: R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51.’

Full Story

Cloisters, 26th July 2017

Source: www.cloisters.com

The most famous case on the rule of law for a generation? Employment tribunal fees declared unlawful – Hardwicke Chambers

‘The Supreme Court have, this morning, handed down Judgment in the case of R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51, more commonly known as ‘the appeal against Employment Tribunal fees’.’

Full Story

Hardwicke Chambers, 26th July 2017

Source: www.hardwicke.co.uk

Heterosexual couple take civil partnership case to Supreme Court – BBC News

Posted August 22nd, 2017 in appeals, civil partnerships, equality, news, Supreme Court by sally

‘A heterosexual couple who want to enter a civil partnership instead of getting married have been granted the right to take their case to the Supreme Court.’

Full Story

BBC News, 22nd August 2017

Source: www.bbc.co.uk

Woman refused divorce will tell Supreme Court she should not have to prove ‘unreasonable’ behaviour – Daily Telegraph

Posted August 15th, 2017 in appeals, divorce, news, Supreme Court by sally

‘A woman refused a divorce from her millionaire husband will argue that she should not have to prove “unreasonable” behaviour as she takes her fight to the Supreme Court.’

Full Story

Daily Telegraph, 14th August 2017

Source: www.telegraph.co.uk