Supreme Court allows appeals by land-owning public bodies in dispute over statutory incompatibility and village green registration – Local Government Lawyer

Posted December 12th, 2019 in commons, education, health, land registration, local government, news, Supreme Court by tracey

‘The Supreme Court has by a 3-2 majority allowed appeals by Lancashire County Council and NHS Property Services over whether statutory incompatibility defeats an application to register land as a town or village green where the land is held by the public authority for statutory purposes.’

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Local Government Lawyer, 11th December 2019

Source: www.localgovernmentlawyer.co.uk

s.103A and concealed reasons; Royal Mail v. Jhuti [2019] UKSC 55 – Parklane Plowden Chambers

‘The Supreme Court has confirmed that a Tribunal may find that the reason for the dismissal is something other than that given to the employee by the decision-maker – even where that reason is genuinely held by the decision maker; Royal Mail Group Ltd v. Jhuti [2019] UKSC 55 (“Jhuti”).’

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Parklane Plowden, 9th December 2019

Source: www.parklaneplowden.co.uk

Automatic Unfair Dismissal: Can the reason for the dismissal be other than that given to the employee by the decision-maker? – Pallant Chambers

‘The question for the Supreme Court in Royal Mail Group Limited v Jhuti [2019] UKSC 55 was whether in a claim for unfair dismissal can the reason for the dismissal be other than that given to the employee by the decision-maker?’

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Pallant Chambers, 5th December 2019

Source: www.pallantchambers.co.uk

Supreme Court to hear appeal over arrangements by housing association to allocate properties only to members of religious community – Local Government Lawyer

Posted December 10th, 2019 in charities, equality, housing, Judaism, news, Supreme Court by sally

‘The Supreme Court has agreed to hear an appeal over whether a charitable housing association’s arrangements for allocating housing, which amount to direct discrimination on the ground of religion, were lawful.’

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Local Government Lawyer, 9th December 2019

Source: www.localgovernmentlawyer.co.uk

Dispute over empty properties and £10m+ in business rates to go to Supreme Court – Local Government Lawyer

Posted December 9th, 2019 in appeals, interpretation, leases, local government, news, rates, Supreme Court by sally

‘The Supreme Court has agreed to hear a dispute over empty commercial properties and whether councils are owed more than £10m in business rates arrears.’

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Local Government Lawyer, 6th December 2019

Source: www.localgovernmentlawyer.co.uk

Supreme Court to review equitable lien ruling – Litigation Futures

Posted December 6th, 2019 in airlines, compensation, delay, equity, fees, news, Supreme Court by sally

‘The Supreme Court is to review a controversial ruling that a law firm handling uncontested flight delay claims was not conducting litigation and so did not have an equitable lien over the compensation.’

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Litigation Futures, 5th December 2019

Source: www.litigationfutures.com

Adam Perry: Enforcing Principles, Enforcing Conventions – UK Constitutional Law Association

‘Did the UK Supreme Court enforce a constitutional convention in Miller (No 2)? Most writers say no. I say yes.’

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UK Constitutional Law Association, 3rd December 2019

Source: ukconstitutionallaw.org

Supreme Court holds that Dublin III Detention between January 2014 and March 2017 was unlawful – Garden Court Chambers

‘The Supreme Court has dismissed the appeal of the Secretary of State for the Home Department from the Court of Appeal decision in R(Hemmati and others) v SSHD [2018] EWCA Civ 2122 in which it was held that the Home Office was not entitled to detain asylum seekers for removal under the Dublin III Regulation because of the failure until 15 March 2017, to set out in law the requirements for detention.’

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Garden Court Chambers, 27th November 2019

Source: www.gardencourtchambers.co.uk

The Reason Behind the Reason Behind the Decision to Dismiss – Littleton Chambers

‘The Supreme Court has allowed the appeal in Royal Mail Group Ltd -v- Jhuti [2019] UKSC 55 and has held unanimously that when deciding what was the reason for dismissal in unfair dismissal, it may not be enough simply to consider what was subjectively in the mind of the decision-maker. In a unanimous decision delivered by Lord Wilson (Lady Hale (President), Lord Carnwath, Lord Hodge and Lady Arden concurring) the Supreme Court has held that where the real reason is hidden from the decision-maker behind an invented reason, the court must penetrate through the invention and decide upon the basis of the real reason [paragraphs 60-62 of the Judgment]. ‘

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Littleton Chambers, 27th November 2019

Source: www.littletonchambers.com

Supreme Court unanimously rules detention of asylum seekers pending removal was unlawful – UK Human Rights Blog

‘R (Hemmati and others) v Secretary of State for the Home Department [2019] UKSC 56. In a significant public law decision, the Supreme Court dismissed the Secretary of State’s appeal and held that the policy governing detention pending removal fails to comply with the Dublin III Regulation as it lacks adequate certainty and predictability.’

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UK Human Rights Blog, 3rd December 2019

Source: ukhumanrightsblog.com

Landmarks in law: the Brexit court ruling that thwarted Boris Johnson – The Guardian

‘By declaring the prorogation of parliament to be unlawful, the Supreme Court made a decision with huge legal consequences.’

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The Guardian, 29th November 2019

Source: www.theguardian.com

Former model must lose £2.2m inheritance from Swiss banker boyfriend, court rules – Daily Telegraph

Posted November 29th, 2019 in bereavement, children, costs, families, financial dispute resolution, news, Supreme Court by tracey

‘Aformer model must lose the £2.2m inheritance from her Swiss banker boyfriend, the Court of Appeal has ruled, and instead give it back to his children.’

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Daily Telegraph, 28th November 2019

Source: www.telegraph.co.uk

Supreme Court delivers Judgment in Thomas Arthur Watkins (Respondent) v Hugh James Ford Simey Solicitors (Appellant) [2019] UKSC 54 on appeal from [2018] EWCA Civ 1299 – Parklane Plowden Chambers

‘The Supreme Court has delivered another significant Judgment arising from the handling of the VWF litigation against British Coal.’

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Parklane Plowden Chambers, 20th November 2019

Source: www.parklaneplowden.co.uk

‘I still suffer trauma’: Home Office’s unlawful detentions – case study – The Guardian

‘Mohamed, an asylum seeker from Sudan, tells how he has been imprisoned many times since arriving in Britain in 2012.’

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The Guardian, 27th November 2019

Source: www.theguardian.com

New Judgment: R (Hemmati & Ors) (AP) v Secretary of State for the Home Department [2019] UKSC 56 – UKSC Blog

‘The five respondents arrived in the United Kingdom illegally and claimed asylum. Each of the respondents was detained for a period of time pending his or her removal from the United Kingdom pursuant to the Immigration Act 1971 of Schedule 2 paragraph 16(2). The respondents challenged the lawfulness of their detention by bringing claims against the Secretary of State for the Home Department.’

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UKSC Blog, 27th November 2019

Source: ukscblog.com

Home Office unlawfully imprisoned asylum seekers, supreme court rules – The Guardian

‘The Home Office “falsely imprisoned” many asylum seekers who are now entitled to damages for their loss of liberty at the hands of the government, five supreme court judges have ruled.’

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The Guardian, 27th November 2019

Source: www.theguardian.com

New Judgment: Royal Mail Group Ltd v Jhuti [2019] UKSC 55 – UKSC Blog

‘The appeal concerned the dismissal of Ms Jhuti from her employment by Royal Mail Group Ltd. The key question of law that it raised was whether in a claim for unfair dismissal under Part X of the Employment Rights Act 1996, the reason for the dismissal can be other than that given to the employee by the employer’s appointed decision-maker.’

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UKSC Blog, 27th November 2019

Source: ukscblog.com

Case Comment: Edwards on behalf of the Estate of the late Thomas Arthur Watkins v Hugh James Ford Simey Solicitors [2019] UKSC 54 – UKSC Blog

‘In a unanimous judgment, the Supreme Court has dismissed an appeal by a firm of solicitors in relation to a professional negligence claim concerning alleged under-settlement of a coal miner’s personal injury claim in 2003. The Supreme Court found that, since medical evidence of the nature subsequently obtained in the context of the professional negligence claim would not have been obtained in 2003, it should not be admissible when assessing the extent of the Claimant’s loss in the professional negligence claim. In reaching its decision, and unlike the Court of Appeal, it did not give its general views on the admissibility of evidence that would not have been available at the time of the original underlying claim.’

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UKSC Blog, 26th November 2019

Source: ukscblog.com

Supreme Court: community benefits not planning ‘material consideration’ – OUT-LAW.com

Posted November 21st, 2019 in appeals, interpretation, local government, news, planning, Supreme Court by tracey

‘Proposed donations to a community benefit fund from the proceeds of a new wind turbine could not be taken into account by a local authority when deciding whether to grant planning permission for the development, the Supreme Court has confirmed.’

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OUT-LAW.com, 20th November 2019

Source: www.pinsentmasons.com

Miller 2, the Supreme Court and the politics of constitutional interpretation – Counsel

Posted November 20th, 2019 in brexit, constitutional law, news, parliament, prorogation, Supreme Court by sally

‘In the aftermath of the Miller 2/Cherry judgment, delivered on 24 September 2019, the Supreme Court has come under attack for making a ‘political’ intervention. This had led to some calls for political supervision of judicial appointments on the basis that the Supreme Court is now a ‘political player’. In reality these arguments do not seem to have gained much traction but these criticisms, nevertheless, raise some important questions about the boundaries between law and politics in the UK.’

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Counsel, November 2019

Source: www.counselmagazine.co.uk