Supreme Court allows government appeal over asylum seeker’s ‘limbo status’ – Law Society’s Gazette

Posted April 25th, 2024 in asylum, deportation, identity fraud, news, Supreme Court by tracey

‘Five Supreme Court justices today [24th April] unanimously allowed the home secretary’s appeal over a claim for leave to remain by an asylum seeker currently in “limbo status.” ‘

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Law Society's Gazette, 25th April 2024

Source: www.lawgazette.co.uk

The Supreme Court sets the tone for Section 20 Extradition Act 2003 – 5SAH

Posted April 24th, 2024 in appeals, chambers articles, extradition, news, Supreme Court by sally

‘On 6 March 2024, the Supreme Court handed down two important decisions that related to issues under section 20 Extradition Act 2003:

– Bertino v Public Prosecutor’s Office Italy [2024] UKSC 9
– Merticariu v Judecatoria Arad, Romania [2024] UKSC 10

Notably, these two cases had the same constitution of the Court, with Stephens and Burnett LJJ giving a joint judgment in both cases, with which the rest of the Court agreed.’

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5SAH, 22nd April 2024

Source: www.5sah.co.uk

Does the Court have the power to grant newcomer injunctions? – Becket Chambers

‘Wolverhampton City Council and others v London Gypsies and Travellers and other [2023] UKSC 47 is an appeal concerning a number of conjoined cases in which injunctions had been sought by Local Authorities to prevent unauthorised encampments by Gypsies and Travellers. Such injunctions had generally been sought against ‘persons unknown’ as the members of a group of Gypsies or Travellers who might in future camp in a certain location were not known in advance. In some cases, the Defendants to the injunction sought had been described by reference to the conduct the injunction had sought to prohibit, for example ‘persons unknown forming unauthorised encampments within the Borough of Nuneaton and Bedworth’.’

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Becket Chambers, 2nd April 2024

Source: becket-chambers.co.uk

Government faces JR claim over litigation funding legislation – Legal Futures

‘The Ministry of Justice is being threatened with judicial review over the draft legislation that aims to reverse the impact of the Supreme Court’s PACCAR ruling.’

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Legal Futures, 19th April 2024

Source: www.legalfutures.co.uk

Case Preview: Davies v Bridgend County Borough Council – UKSC Blog

Posted April 19th, 2024 in appeals, causation, damages, local government, news, nuisance, Supreme Court by sally

‘In this post, Sarah Coates-Madden, Senior Associate at CMS, and Fiona Dalling, Associate at CMS, preview the decision awaited from the Supreme Court in Davies v Bridgend County Borough Council.’

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UKSC Blog, 17th April 2024

Source: ukscblog.com

Human rights protections inhibit employer sanctions over lawful strike action, rules Supreme Court – OUT-LAW.com

‘UK legislation allowing employers to take disciplinary action against employees for their participation in lawful strike action is in breach of those employees’ human rights, according to a new Supreme Court ruling.’

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OUT-LAW.com, 17th April 2024

Source: www.pinsentmasons.com

Supreme Court hears appeals over reporting restriction orders in withdrawal of treatment cases – Local Government Lawyer

‘The Supreme Court is this week hearing an appeal over the discharge of reporting restriction orders (RROs) protecting the identity of medical professionals involved in the care of patients in respect of whom an application to withdraw treatment had been made.’

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Local Government Lawyer, 16th April 2024

Source: www.localgovernmentlawyer.co.uk

Fourth former UK supreme court judge signs letter over Israeli actions in Gaza – The Guardian

‘Lord Carnwath joins Lady Hale, who was president of the UK’s highest court, and lords Sumption and Wilson, in urging ministers to act to prevent the “plausible risk” of genocide in Gaza.’

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The Guardian, 4th April 2024

Source: www.theguardian.com

Double Feature: Article 6 and extradition in Bertino and Merticariu – UK Human Rights Blog

Posted April 4th, 2024 in EC law, extradition, human rights, news, retrials, Supreme Court, warrants by tracey

‘On 6 March 2024 the Supreme Court handed down two separate judgments in the cases of Bertino v Public Prosecutor’s Office, Italy [2024] UKSC 9 and Merticariu v Judecatoria Arad, Romania [2024] UKSC 10. The constitution of the Court for both cases was the same with the judgments written by Lord Stephens and Lord Burnett. Lords Hodge, Sales and Burrows completed the panel.’

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UK Human Rights Blog, 4th April 2024

Source: ukhumanrightsblog.com

Interest rate rigging appeal must go to top court, say politicians – BBC News

Posted April 3rd, 2024 in appeals, banking, imprisonment, interest, news, rates, sentencing, Supreme Court by tracey

‘Two former bankers jailed for rigging interest rates must have their appeal heard by the Supreme Court, senior politicians have said.’

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BBC News, 3rd April 2024

Source: www.bbc.co.uk

Clear as mud: Proprietary Estoppel after Guest v Guest – Trusts & Trustees

Posted March 27th, 2024 in appeals, equity, estoppel, news, Supreme Court by sally

‘The dust should now have settled since the Supreme Court’s landmark decision in Guest v Guest (2022). However, in exploring recent case law, this article exposes that the rules applied to decide proprietary estoppel cases remain as uncertain as ever. Some commonality can be identified, but only in the persistent favouring of promisors over promisees. This article criticises the practical and theoretical underpinnings of proprietary estoppel and proposes further reform. In particular, the article draws new links from the doctrine of secret trusts to suggest a more just and certain basis for proprietary estoppel’s future application.’

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Trusts & Trustess, 19th March 2024

Source: academic.oup.com

Case Comment: Byers and others v Saudi National Bank [2023] – UKSC Blog

Posted March 27th, 2024 in appeals, breach of trust, Cayman Islands, equity, insolvency, news, Supreme Court, trusts by sally

‘In this post, Adam Ferris (Senior Associate) in the Finance Disputes Team at CMS and Henry Powell (Associate) in the Real Estate Disputes Team at CMS comment on the judgment of the Supreme Court in Byers and Ors v Saudi National Bank [2023] UKSC 51, which was handed down on 20 December 2023.’

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UKSC Blog, 26th March 2024

Source: ukscblog.com

Shamima Begum loses bid to challenge removal of her British citizenship – The Independent

‘Shamima Begum has lost her initial bid to challenge the removal of her British citizenship by taking her case to the Supreme Court.’

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The Independent, 25th March 2024

Source: www.independent.co.uk

Rwanda bill could become law without independent scrutiny, says ex-watchdog – The Guardian

‘Rishi Sunak’s Rwanda deportation bill could be forced on to the statute books without fulfilling the government’s legal commitment to independent scrutiny, the former borders watchdog has told peers.’

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The Guardian, 19th March 2024

Source: www.theguardian.com

Madeline Gleeson & Theodore Konstadinides: The UK’s Rwanda policy and Lessons from Australia- UK Constitutional Law Association

‘In November 2023, the Supreme Court of the UK dealt a critical blow to the government’s proposal to send certain asylum seekers to the Republic of Rwanda. In AAA and Others v the Home Secretary, the Court ruled that removal to Rwanda would be unlawful because that country was not, at the time, a ‘safe country’.’

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UK Constitutional Law Association, 14th March 2024

Source: ukconstitutionallaw.org

Case Comment: Target Group Ltd v Commissioners for His Majesty’s Revenue and Customs [2023] UKSC 35 – UKSC Blog

Posted March 14th, 2024 in banking, news, Supreme Court, VAT by sally

‘In this post, Mark Whiteside, Partner at CMS, and Johanna Dodgson, Associate at CMS, comment on the Supreme Court’s judgment in Target Group Ltd v Commissions for His Majesty’s Revenue and Customs [2023] UKSC 35.’

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UKSC Blog, 12th March 2024

Source: ukscblog.com

When Treaties are Forbidden – EIN Blog

‘Safe Third Country (STC) agreements involve the transfer of protection-seekers from one State to another. They take different forms, including bilateral treaties (the UK-Rwanda Treaty), political agreements (the Italy-Albania MoU) and regional mechanisms (Dublin III). They are usually justified as a means of sharing responsibility for protecting refugees and ‘managing’ access to asylum determination processes, as is the case for the Canada-US Safe Third Country Agreement. In other contexts their explicit purpose is to deter and to punish.

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EIN Blog, 29th February 2024

Source: www.ein.org.uk

The Sordid Controversies of Litigants? Why and When Facts Matter – Supreme Court

Posted February 27th, 2024 in contracts, interpretation, judiciary, news, Privy Council, Supreme Court by tracey

‘Lady Rose – The Sordid Controversies of Litigants? Why and When Facts Matter. The Neill Law Lecture 2024.’

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Supreme Court, 23rd February 2024

Source: www.supremecourt.uk

An Evolving Institution: The work of the Judicial Committee of the Privy Council – Supreme Court

‘Lady Rose – An Evolving Institution: The work of the Judicial Committee of the Privy Council. The Queen’s Distinguished Lecture in Law.’

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Supreme Court, 21st February 2024

Source: www.supremecourt.uk

Supreme Court to hear appeal by Welsh council next week in Japanese knotweed case – Local Government Lawyer

Posted February 21st, 2024 in appeals, damages, housing, local government, news, nuisance, Supreme Court, Wales by sally

‘The Supreme Court will next week hear a council’s appeal of a Court of Appeal judgment which overturned lower court rulings that found diminution in value in Japanese knotweed cases was irrecoverable economic loss and ordered the council to pay damages to a property owner.’

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Local Government Lawyer, 20th February 2024

Source: www.localgovernmentlawyer.co.uk