Guidance on libel for the social media age – Law Society’s Gazette

‘”He tried to strangle me” – hardly innocuous words. But when Nicola Stocker posted them on Facebook in 2012 she could not have known it was the start of a 76-month libel dispute over two simple questions – questions that would reach the Supreme Court as Stocker v Stocker [2019] UKSC 17.’

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Law Society's Gazette, 20th May 2019

Source: www.lawgazette.co.uk

UK government security decisions can be challenged in court, judges rule – The Guardian

‘Government security decisions will in future be open to challenge in the courts after judges ruled that a secretive intelligence tribunal could not be exempt from legal action.’

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The Guardian, 15th May 2019

Source: www.theguardian.com

New Judgment: Telereal Trillium v Hewitt (Valuation Officer) [2019] UKSC 23 – UKSC Blog

Posted May 16th, 2019 in appeals, housing, local government, news, Supreme Court, valuation by sally

‘This appeal considered whether regard should be given, when ascertaining the rateable value of a property under the statutory hypothesis in the Local Government Finance Act 1988, Sch 6, para 2(1), to general demand for comparable properties in the market. It also considered what the relevance is, if any, to the ascertainment of rateable value under the statutory hypothesis, of the absence of an actual prospective tenant who would pay a positive price in order to occupy the property at the valuation date.’

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UKSC Blog, 15th May 2019

Source: ukscblog.com

Anisminic 2.0 – UK Human Rights Blog

‘The Supreme Court has ruled in R (Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22 that the Investigatory Powers Tribunal’s decisions are nevertheless amenable to judicial review, despite the existence of a powerfully-drawn ‘ouster clause’ preventing its decisions from being questioned by a court.’

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UK Human Rights Blog, 15th May 2019

Source: ukhumanrightsblog.com

Lone parents lose benefits cap challenge at supreme court – The Guardian

‘The UK’s highest court has rejected a legal challenge to the benefit cap made by campaigners who argued that it discriminated against single parents with young children.’

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The Guardian, 15th May 2019

Source: www.theguardian.com

New Judgment: R (Privacy International) v Investigatory Powers Tribunal & Ors [2019] UKSC 22 – UKSC Blog

‘Inter alia, The Supreme Court held, by a majority, that the Regulation of Investigatory Powers Act 2000, s 67(8) did not “oust” the supervisory jurisdiction of the High Court to quash a decision of the IPT for error of law. Following authority, it was clear that the drafter of s 67(8) would have had no doubt that a determination vitiated by any error of law, jurisdictional or not, was to be treated as no determination at all, and so could not be ousted. The plain words of the subsection must yield to the principle that such a clause will not protect a decision that is legally invalid, as there is a common law presumption against ousting the High Court’s jurisdiction.’

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UKSC Blog, 15th May 2019

Source: ukscblog.com

New Judgment: R (DA & Ors) v Secretary of State for Work and Pensions; R (DS & Ors) v Secretary of State for Work and Pensions [2019] UKSC 21 – UKSC Blog

Posted May 15th, 2019 in appeals, benefits, children, equality, families, news, proportionality, Supreme Court by sally

‘This appeal considered whether the application of the revised benefit cap, introduced by the Welfare Reform and Work Act 2016, s 8, to lone parents with children under two years old (i) unlawfully discriminates against parents and/or the children, contrary to ECHR, art 14 with art 8, and/or art 2 of the First Protocol and in breach of the UK’s international obligations under the UN Convention on the Rights of the Child, art 3, and/or (ii) is irrelevant.’

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UKSC Blog, 15th May 2019

Source: ukscblog.com

Assisted suicide: Paul Lamb renews bid for right to die – BBC News

‘A man who lives with chronic and excruciating pain has begun a fresh legal challenge to the law that criminalises assisted suicide.’

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BBC News, 7th May 2019

Source: www.bbc.co.uk

Case Comment: Wells v Devani [2019] UKSC 4 – UKSC Blog

Posted April 24th, 2019 in appeals, contracts, estate agents, housing, news, Supreme Court by sally

‘Robert Jones and Joseph Marsden, who work within the insurance and reinsurance group at CMS, comment on the decision handed down in the matter of Wells v Devani [2019] UKSC 4.’

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UKSC Blog, 24th April 2019

Source: ukscblog.com

Clean air zones: Where will UK drivers pay for polluting? – BBC News

‘Drivers of the most polluting vehicles now have to pay to drive into central London – and soon other towns and cities across the UK will follow suit.’

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BBC News. 12th April 2019

Source: www.bbc.co.uk

New Judgment: R (Derry) v Commissioners for HMRC [2019] UKSC 19 – UKSC Blog

Posted April 11th, 2019 in income tax, news, shareholders, statutory interpretation, Supreme Court by sally

‘This appeal considered the correct procedure HMRC is required to follow under the Taxes Management Act 1970, where it wishes to enquire into a claim for carry-back share loss relief made in a self-assessed and calculated tax return.’

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UKSC Blog, 10th April 2019

Source: ukscblog.com

New Judgment: Vedanta Resources PLC & Anor v Lungowe & Ors [2019] UKSC 20 – UKSC Blog

‘1826 Zambian citizens issued proceedings against Zambian company KCM and Vedanta (KCM’s ultimate parent company) for personal injury, damage to property and loss of income, amenity and enjoyment of land as a result of pollution and environmental damage caused by discharges of harmful effluent from the Nchanga mine since 2005. Vedanta was served within the jurisdiction, while KCM was served out of the jurisdiction, with permission obtained on a without notice application. In September and October 2015 Vedanta and KCM respectively applied for declarations that the court lacked jurisdiction to try the claims or, alternatively, that it should not exercise such jurisdiction that it might have. Coulson J dismissed those applications. The Court of Appeal upheld the dismissal of those applications.’

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UKSC Blog, 10th April 2019

Source: ukscblog.com

Facebook ‘strangle’ post: Woman wins libel battle against ex-husband – BBC News

Posted April 4th, 2019 in appeals, defamation, domestic violence, internet, news, Supreme Court by sally

‘A woman has won a libel battle against her ex-husband over comments she made on Facebook about him trying to strangle her.’

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BBC News, 3rd April 2019

Source: www.bbc.co.uk

In the matter of an application by Geraldine Finucane for Judicial Review (NI) [2019] UKSC 7 Part Two – UKSC Blog

Posted March 28th, 2019 in human rights, inquiries, murder, news, Northern Ireland, police, Supreme Court, terrorism by sally

‘The appellant argued that all the relevant evidence pointed to the decision not to hold the inquiry being a sham. The basis on which it had been suggested that this was a decision taken in the public interest was, Mrs Finucane argued, spurious. Moreover, the process of consultation and discussions was entirely cosmetic. The outcome had been predetermined. (See Lord Kerr’s summary of the grounds of challenge at paras 50-52)’

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UKSC Blog, 26th March 2019

Source: ukscblog.com

In the matter of an application by Geraldine Finucane for Judicial Revewi (NI) [2019] UKSC 7 Part One – UKSC Blog

Posted March 28th, 2019 in human rights, inquiries, murder, news, Northern Ireland, police, Supreme Court, terrorism by sally

‘On 27 February 2019 the Supreme Court gave judgment in the appeal brought by the widow of the Belfast solicitor, Pat Finucane, against the refusal of the Secretary for State for Northern Ireland to hold a public inquiry into her husband’s death. Giving the leading judgment, Lord Kerr (with whom Lady Hale, Lord Hodge and Lady Black agreed) allowed the appeal on the basis that there had been a breach of the investigative obligation under ECHR, art 2. The Supreme Court found that although Mrs Finucane had a legitimate expectation that there would be a public inquiry into Mr Finucane’s death she had not shown that the government’s decision not to fulfil this promise was made in bad faith or that it was not based on genuine policy grounds. Lord Carnwarth gave a concurring judgment in which he commented on the criticism that had been made of obiter remarks he had made in United Policyholders Group v Attorney General of Trinidad and Tobago [2016] UKPC 17 in relation in relation to the necessity for a detriment to have been suffered before a claim for substantive legitimate expectation could be made.’

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UKSC Blog, 26th March 2019

Source: ukscblog.com

Supreme Court allows ‘reasonable diligence’ appeal in fraud claim – Law Society’s Gazette

Posted March 21st, 2019 in appeals, fraud, news, setting aside, Supreme Court by tracey

‘A person who applies to set aside a judgment on the basis of fraud does not have to demonstrate that the fraud could not have been spotted with reasonable diligence, the Supreme Court has ruled. The judgment in Takhar v Gracefield Developments Limited and others seeks to resolve a ‘bare-knuckle’ conflict between two long-standing principles of public law: that fraud unravels all and that there must come an end to litigation.’

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Law Society's Gazette, 20th March 2019

Source: www.lawgazette.co.uk

The end of the line for Kennedy v Charity Commission – Panopticon

‘The background, as you may recall, is that Mr Kennedy, a Times journalist, was trying to get information out of the Charity Commission in connection with the ‘Mariam Appeal’, a fund set up by George Galloway MP for the purposes of supporting Iraqi children suffering from leukaemia. Mr Kennedy wanted to get hold of the information in connection with an investigation he was conducting into whether monies collected under the name of Mariam’s Appeal had been misused. Mr Kennedy made a FOIA request to the Charity Commission, which had conducted an investigation into Mariam’s Appeal. Mr Kennedy’s request was refused on the basis that the information requested fell within the scope of s. 32 FOIA (absolute exemption concerning court records).’

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Panopticon, 18th March 2019

Source: panopticonblog.com

Supreme Court: income tax must be deducted from creditor interest – OUT-LAW.com

‘Income tax must be deducted before administrators can pay out statutory interest to the creditors of an insolvent company, the UK’s highest court has confirmed.’

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OUT-LAW.com, 14th March 2019

Source: www.out-law.com

Cameron (Respondent) v Liverpool Victoria Insurance Co Limited (Appellant) – 39 Essex Chambers

‘The Supreme Court has unanimously held in Cameron v Liverpool Victoria Insurance Co Ltd that the driver of a car, who was not anonymous but could not just be identified, cannot be sued under a pseudonym or description.’

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39 Essex Chambers, 21st February 2019

Source: www.39essex.com

Pat Finucane murder inquiry fell below human rights standards, judges rule – The Guardian

Posted February 28th, 2019 in human rights, inquiries, murder, news, Northern Ireland, Supreme Court by tracey

‘The official investigation into the 1989 murder of the Belfast solicitor Patrick Finucane, one of the most notorious killings of the Troubles, was ineffective and failed to meet the standards required under human rights law, the supreme court has ruled.’

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The Guardian, 27th February 2019

Source: www.theguardian.com