Case Comment: R (Black) v Secretary of State for Justice [2017] UKSC 81 – UKSC Blog

‘Is the Crown is bound by the prohibition of smoking in most enclosed public places and workplaces, contained in Chapter 1 of Part 1 of the Health Act 2006?’

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UKSC Blog, 15th August 2018

Source: ukscblog.com

The Intricacies of Proportionality – Katherine Barnes – UK Human Rights Blog

Posted August 13th, 2018 in criminal records, human rights, news, proportionality, Supreme Court by sally

‘The Supreme Court has given important guidance on the correct approach of the appellate courts to assessing proportionality under the ECHR. The main issue before the court was whether an Enhanced Criminal Record Certificate (“ECRC”) issued in respect of the appellant, AR, under s.113B of the Police Act 1997 is compatible with Article 8 of the Convention on Human Rights.’

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UK Human Rights Blog, 12th August 2018

Source: ukhumanrightsblog.com

The Divorce Trap: Life After Owens v Owens – Family Law Week

Posted August 8th, 2018 in consent, divorce, news, statutory interpretation, Supreme Court by tracey

‘Georgina Rushworth, Family Law Barrister at Coram Chambers, where she specialises in divorce and its financial consequences, considers the implications of the recent Supreme Court decision.’

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Family Law Week, 3rd August 2018

Source: www.familylawweek.co.uk

Mills v Mills Spousal Maintenance – A Meal Ticket for Life? – No. 5 Chambers

Posted August 7th, 2018 in divorce, financial provision, news, periodical payments, Supreme Court by sally

‘On the 18th July, 2018, the Supreme Court determined that the Court of Appeal erred in increasing Ms Mills’ (hereafter ‘W’) periodical payments from £13,200 to £17,292 – the increase of £4,092 being the deficit in W’s ‘Needs Budget’ prepared for the substantive application to vary her periodical payments upwards; her ‘needs’ including her costs of renting a property when capital provision had been settled to meet her housing need.’

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No. 5 Chambers, 24th August 2018

Source: www.no5.com

The Supreme Court ruling on ending life – No. 5 Chambers

Posted August 7th, 2018 in food, human rights, medical treatment, news, Supreme Court by sally

‘After the Anthony Bland case in 1993, it became the practice to get the courts to decide whether a patient in a persistent vegetative state could be allowed to die. Following a Supreme Court decision on 30 July 2018 in a land mark case called NHS Trust v Y [2018] UKSC 46, the law in future will allow doctors and families to make the decision to allow a patient to die to withdraw sustenance where they all agree to it, without needing to go to a court.’

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No. 5 Chambers, 2nd August 2018

Source: www.no5.com

Supreme Court decision in Steinfeld and Keidan v Secretary of State for International Development: The Civil Partnership Act is incompatible with Articles 14 and 8 of the ECHR – Zenith Chambers

‘The Supreme Court issued a unanimous landmark judgement declaring that the provisions in the Civil Partnership Act 2004 preventing opposite sex couples from entering into a civil partnership is incompatible with the European Convention on Human Rights.’

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Zenith Chambers, 29th June 2018

Source: www.zenithchambers.co.uk

Supreme Court considers when court approval is needed to end life-sustaining treatment – Family Law

Posted August 6th, 2018 in food, human rights, medical treatment, news, Supreme Court by sally

‘Alex Ruck Keene, barrister at 39 Essex Chambers, examines the Supreme Court’s confirmation in An NHS Trust and others v Y (by his litigation friend, the Official Solicitor) [2018] UKSC 46, [2018] All ER (D) 167 (Jul) that it was not mandatory to seek court approval for withdrawal of clinically assisted nutrition and hydration (CANH) from a patient suffering from a prolonged disorder of consciousness (PDOC) where the patient’s clinical team and family agreed that continued treatment was not in his best interests.’

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Family Law, 3rd August 2018

Source: www.familylaw.co.uk

No need for court order for withdrawal of nutrition in case of PVS patients – Supreme Court – UK Human Rights Blog

Posted August 3rd, 2018 in food, human rights, medical treatment, news, Supreme Court by tracey

‘NHS Trust v Y (by his litigation friend, the Official Solicitor) and Others, Supreme Court 30 July 2018. The question for the Court was a simple but important one: whether the permission of a court was always required by law before doctors could withdraw feeding from a person in a persistent vegetative state.’

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UK Human Rights Blog, 2nd August 2018

Source: ukhumanrightsblog.com

Including acquitted allegations in an Enhanced Criminal Record Certificate – UK Police Law Blog

Posted August 2nd, 2018 in appeals, criminal records, disclosure, news, police, proportionality, Supreme Court, taxis by tracey

‘The Supreme Court in R (AR) v CC Greater Manchester Police [2018] UKSC 47 upheld the inclusion of information in an enhanced criminal record certificate (ECRC) that a person had been acquitted of rape. The judgment shows the importance of chief officers considering with great care the various factors in order to strike a fair balance between the rights of the individual applying for the ECRC as opposed to the wider rights of the community, including vulnerable persons.’

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UK Police Law Blog, 1st August 2018

Source: ukpolicelawblog.com

Court allows police to reveal acquittals during record checks – The Guardian

Posted July 31st, 2018 in appeals, criminal records, employment, news, police, Supreme Court by sally

‘Police forces can reveal whether individuals have been acquitted of criminal charges when issuing information for enhanced record checks, the supreme court has ruled.’

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The Guardian, 30th July 2018

Source: www.theguardian.com

Byron Karemba: Brexit, the Reference Jurisdiction of the UKSC and the New Separation of Powers – UK Constitutional Law Association

‘When the UKSC was created, there was great emphasis by the architects of the Court that it would largely assume the same constitutional position and functions as the Appellate Committee of the House of Lords.’

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UK Constitutional Law Association, 30th July 2018

Source: ukconstitutionallaw.org

UK judges will no longer have to rule in vegetative state decisions – The Guardian

Posted July 30th, 2018 in food, human rights, medical treatment, news, Supreme Court by sally

‘Judges will no longer need to be consulted when doctors and relatives of patients in a vegetative state agree that life-supporting treatment should be ended.’

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The Guardian, 30th July 2018

Source: www.theguardian.com

Court dismisses claim duty of care is owed to employees in litigation – OUT-LAW.com

Posted July 30th, 2018 in duty of care, employment, news, police, Supreme Court, vicarious liability by sally

‘Employers do not owe their employees a duty of care in the way they defend claims that they are vicariously liable for actions of those employees, the UK Supreme Court has ruled.’

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OUT-LAW.com, 27th July 2018

Source: www.out-law.com

Supreme Court to rule on vegetative state case – BBC News

‘The Supreme Court is due to rule on whether it should be easier to withdraw food and liquid to allow people in long-term vegetative states to die.’

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BBC News, 30th July 2018

Source: www.bbc.co.uk

UK ruling offers lesson for banks on credit referencing – OUT-LAW.com

Posted July 27th, 2018 in agency, banking, economic loss, gambling, misrepresentation, news, Supreme Court by sally

‘Banks can learn a lesson from a new ruling issued by the UK Supreme Court on practices to adopt when providing credit references, according to a banking and finance litigation expert.’

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OUT-LAW.com, 27th July 2018

Source: www.out-law.com

Tini Owens loses Supreme Court divorce fight – BBC News

Posted July 25th, 2018 in appeals, consent, divorce, news, Supreme Court by tracey

‘A woman who wants to divorce her husband on the grounds she is unhappy has lost her Supreme Court appeal. Tini Owens, 68, from Worcestershire, wanted the court to grant her a divorce from her husband of 40 years Hugh, who is refusing the split.’

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BBC News, 25th July 2018

Source: www.bbc.co.uk

There’s still no end in sight, says ‘winning’ husband in Mills v Mills – Law Society’s Gazette

Posted July 20th, 2018 in divorce, news, periodical payments, Supreme Court by tracey

‘The “meal ticket” phrase has long been loathed by family law specialists who see it as lazy journalism to describe a complex and nuanced area of their practice. But there was little comfort from this week’s Supreme Court ruling in Mills v Mills, trailed as the case that might do away with periodical payments for good.’

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Law Society's Gazette, 20th July 2018

Source: www.lawgazette.co.uk

Council “had lawful basis” for accommodating children under s.20 CA: Supreme Court – Local Government Lawyer

Posted July 19th, 2018 in appeals, care orders, children, local government, news, Supreme Court by tracey

‘A London borough had a lawful basis for continuing to accommodate children under s.20 of the Children Act 1989, the Supreme Court has unanimously ruled.’

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Local Government Lawyer, 18th July 2018

Source: www.localgovernmentlawyer.co.uk

Landmark court ruling finds against ex-wife who sought higher maintenance payments – Daily Telegraph

Posted July 19th, 2018 in appeals, financial provision, news, Supreme Court by tracey

‘A divorced husband should not be forced to pay increased maintenance payments because of his ex-wife’s poor financial decisions, the Supreme Court has ruled in a landmark case.’

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Daily Telegraph, 18th July 2018

Source: www.telegraph.co.uk

A question of authority – settled accommodation – Nearly Legal

Posted July 12th, 2018 in homelessness, housing, local government, news, Supreme Court by sally

‘Doka v Southwark concerned what could amount to ‘settled accommodation’ for homelessness matters, and specifically for ‘breaking the chain’ of intentional homelessness.’

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Nearly Legal, 11th July 2018

Source: nearlylegal.co.uk