Key gig economy case reaches Supreme Court – BBC News

Posted February 20th, 2018 in appeals, employment, news, self-employment, Supreme Court by sally

‘A plumber’s legal battle for working rights will be closely watched by “gig economy” workers when it reaches the Supreme Court on Tuesday.’

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BBC News, 20th February 2018

Source: www.bbc.co.uk

Supreme Court: Environment Agency must compensate fisherman for ‘disproportionate’ fishing restrictions – OUT-LAW.com

‘The Environment Agency (EA) must compensate a fisherman for the “severe and disproportionate” effect of conditions imposed on his fishing license limiting the number of fish he can catch in one year, the UK Supreme Court has ruled.’

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OUT-LAW.com, 16th February 2018

Source: www.out-law.com

Law Pod UK Ep.23: Lawsuits against the police for arrest operations – 1 COR

Posted February 15th, 2018 in appeals, duty of care, emergency services, news, police, Supreme Court by sally

‘The Supreme Court’s ruling on police tactics may have implications for other emergency services, as Isabel McArdle explains to Rosalind English.’

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Law Pod UK, 14th February 2018

Source: audioboom.com

No power to grant immigration bail if no power to detain – UK Human Rights Blog

Posted February 13th, 2018 in appeals, bail, detention, immigration, news, Supreme Court by sally

‘On 8th February 2018, the Supreme Court held that the power to grant bail and impose bail conditions in respect of a person pending deportation ceases to be lawful if there is no legal basis for detaining that person. The power to impose bail conditions is inextricably linked to the power of detention. Once the Home Secretary ceases to have the power to detain a person under immigration law, she can’t then impose conditions on that person’s freedom through bail conditions.’

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UK Human Rights Blog, 13th February 2018

Source: ukhumanrightsblog.com

It’s a fair cop: Supreme Court clarifies scope of duties of care owed by police – UK Human Rights Blog

Posted February 12th, 2018 in appeals, duty of care, negligence, news, personal injuries, police, Supreme Court by tracey

‘Robinson (Appellant) v Chief Constable of the West Yorkshire Police (Respondent) [2018] UKSC 4. The Supreme Court has made a significant decision on the question of the scope of the common law duty of care owed by police when their activities lead to injuries being sustained by members of the public. It has long been the case that a claim cannot be brought in negligence against the police, where the danger is created by someone else, except in certain unusual circumstances such as where there has been an assumption of responsibility.’

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UK Human Rights Blog, 12th February 2018

Source: ukhumanrightsblog.com

Supreme Court backs Chevron over use of new evidence in appeal over HSE prohibition notice – OUT-LAW.com

Posted February 9th, 2018 in evidence, health & safety, news, offshore installations, Scotland, Supreme Court by tracey

‘Tribunals are entitled to take into account additional evidence that was not available to the health and safety inspector when considering an appeal against a prohibition notice, the UK’s highest court has confirmed.’

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OUT-LAW.com, 8th February 2018

Source: www.out-law.com

An assault on Hill? Police liability in negligence positively narrowed – UK Police Law Blog

Posted February 8th, 2018 in appeals, negligence, news, police, Supreme Court by tracey

‘In Robinson v Chief Constable of West Yorkshire Police [2018] UKSC 4, the Supreme Court made significant inroads into the principle that the police cannot be sued in negligence save in exceptional circumstances as a result of alleged failures in their core operational duties. Now, where a third party such as a pedestrian is injured as a result of a negligent arrest on the street by a police officer, the police are liable in negligence where that injury was a reasonably foreseeable consequence of the police’s actions.’

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UK Police Law Blog, 8th February 2018

Source: ukpolicelawblog.com

Getting out of jail interest-free – UK Police Law Blog

Posted February 8th, 2018 in appeals, confiscation, enforcement, news, sentencing, Supreme Court by tracey

‘When a person convicted in the Crown Court has an additional prison term enforced by the Magistrates for having only part paid of a confiscation order, he is entitled to a reduction in that term proportionate to the money that has been paid. R (Gibson) v Secretary of State for Justice [2018] UKSC 2; [2018] 1 WLR 629 confirmed that the starting point for calculating this reduction is the original sum ordered by the Crown Court, and not the larger sum including interest that had accrued by the date of the Magistrates’ enforcement.’

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UK Police Law Blog, 6th February 2018

Source: ukpolicelawblog.com

Case Comment: R (Haralambous) v Crown Court at St Albans [2018] UKSC 1 – UKSC Blog

Posted February 5th, 2018 in appeals, closed material, disclosure, news, Supreme Court, warrants by sally

‘In its judgment, the Supreme Court confirmed that it is implicit in statutory schemes that ex parte hearings, that is court hearings without notice held in the absence of interested parties, (in this case a Magistrates Court warrant granted under the Police and Criminal Evidence Act (“PACE”), s 8), that the court may rely on information that is not disclosed to any interested party after the event, even if that information is vital to explain how and why the court made its order.’

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UKSC Blog, 2nd February 2018

Source: ukscblog.com

Four Reasons for Retaining the Charter: Part 2 – Remedies – Oxford Human Rights Hub

‘The previous blog post drew attention to the way in which the scope of rights protected in the UK may be diminished post Brexit if the Charter is not retained as part of domestic law. The second reason for retaining the Charter draws attention to the remedy provided when rights are breached. Individuals relying on the Charter at the moment can use the Charter to disapply legislation which breaches Charter rights. This is a legally binding remedy which invalidates the relevant legislation. This is not the case for those relying on common law rights, or their Convention rights under the Human Rights Act.’

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Oxford Human Rights Hub, 4th February 2018

Source: ohrh.law.ox.ac.uk

Supreme Court begins to hear arguments regarding website blocking for trade mark infringements – OUT-LAW.com

Posted January 31st, 2018 in internet, news, Supreme Court, trade marks by sally

‘A case before the UK’s Supreme Court is set to provide guidance on whether and to what extent internet service providers (ISPs) will be expected to pick up the cost of blocking customers’ access to websites that facilitate the sale of fake goods, an intellectual property law expert has said.’

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OUT-LAW.com, 30th January 2018

Source: www.out-law.com

New judgment: R (Gibson) v Secretary of State for Justice [2018] UKSC 2 – UKSC Blog

Posted January 30th, 2018 in confiscation, interest, magistrates, news, Supreme Court by sally

‘The issue in the appeal is whether interest is included in the starting point under the Magistrates’ Courts Act 1980, s 79(2) for the giving of proportionate credit for part payment of a confiscation order.’

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UKSC Blog, 24th January 2018

Source: ukscblog.com

‘Someone has to make a stand’: widow’s battle for cohabiting couples – The Guardian

‘Siobhan McLaughlin’s case goes before supreme court as pressure grows to end legal inequality.’

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The Guardian, 27th January 2018

Source: www.theguardian.com

Joanna Bell: Dover DC v CPRE Kent: Legal Complexity and Reason-Giving in Planning Law – UK Constitutional Law Association

Posted January 23rd, 2018 in appeals, local government, news, planning, Supreme Court by sally

‘Where a public authority determines an application for planning permission in what form, and in what level of detail, must the authority set out the reasons for their decision? What, furthermore, are the consequences of failing to provide reasons which meet the requisite standard? The Supreme Court’s recent decision in Dover DC v Campaign to Protect Rural England (CPRE), Kent is a clear reminder that there is no singular, straightforward answer to these questions. Thus reason-giving requirements vary in planning law according to, at least, the decision-maker under review (local authority, officer exercising delegated powers or the Secretary of State), whether planning permission is refused or granted, the nature of the development for which permission is sought and the type of land to which the application relates.’

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UK Constitutional Law Association, 22nd January 2018

Source: ukconstitutionallaw.org

Smoking ban cannot be enforced in jails, UK supreme court rules – The Guardian

Posted December 20th, 2017 in Crown, health & safety, news, prisons, smoking, Supreme Court by sally

‘A prisoner suffering from poor health has lost his attempt to enforce the smoking ban in English and Welsh jails after the supreme court ruled that crown premises are effectively exempt from the enforcement of health regulations.’

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The Guardian, 19th December 2017

Source: www.theguardian.com

Supreme court vacancies lead to hopes for greater diversity – The Guardian

Posted December 14th, 2017 in diversity, judiciary, news, Supreme Court by sally

‘The supreme court has advertised for several more justices in a recruitment process that could boost diversity on the UK’s highest court.’

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The Guardian, 14th December 2017

Source: www.theguardian.com

Exclusive: “The impact has been devastating but I have to stand up to discrimination,” says barrister suing BSB – Legal Futures

‘The barrister who won the first stage of her battle with the Bar Standards Board (BSB) at the Supreme Court last week said the impact of almost five years of litigation had been “completely devastating” for her law firm.’

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Legal Futures, 13th December 2017

Source: www.legalfutures.co.uk

Tiuta International Limited (in liquidation) v De Villiers Surveyor s Limited [2017] UKSC 77 – Hailsham Chambers

Posted December 8th, 2017 in loans, negligence, news, Supreme Court, valuation by sally

‘The decision in Tiuta continues the series of recent Supreme Court decisions that make for essential reading among professional liability practitioners.’

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Hailsham Chambers, 29th November 2017

Source: www.hailshamchambers.com

Reinforcing the Veil – Defending Cases Where the Corporate Veil is Threatened – Drystone Chambers

Posted December 8th, 2017 in company directors, company law, confiscation, news, Supreme Court by sally

‘“The corporate veil” is a much discussed, but much misunderstood phrase. When Lord Halsbury LC stated in Salomon v A Salomon and Co Ltd [1897] AC 22 that a limited liability company was to be viewed ‘like any other independent person with its rights and liabilities appropriate to itself’ he imbedded in law the idea of corporations having a separate legal identity from their directors. That principle is agreed. What has been in dispute, and is still uncertain to a degree, is when that separation can be made. ‘

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Drystone Chambers, 4th December 2017

Source: drystone.com

Time Limits under the Human Rights Act 1998: what is a “course of conduct”? – Cloisters

‘Anna Beale discusses the Supreme Court’s interpretation of the time limit provisions contained in the Human Rights Act 1998 in O’Connor v Bar Standards Board [2017] UKSC 78.’

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Cloisters, 7th December 2017

Source: www.cloisters.com