Supreme Court clarifies law on tax ‘discovery’ assessments – OUT-LAW.com

Posted June 2nd, 2021 in appeals, HM Revenue & Customs, news, Supreme Court, taxation, time limits by sally

‘The UK Supreme Court has decided that disclosing information in the wrong box on a tax return but explaining it in the white space was not an inaccuracy, as the return had to be considered as a whole.’

Full Story

OUT-LAW.com, 1st June 2021

Source: www.pinsentmasons.com

UK supreme court to take on paid interns from underrepresented groups – The Guardian

‘The supreme court has announced its first paid internships for aspiring lawyers from underrepresented communities as it seeks to increase diversity in the judiciary. The initiative by the UK’s highest court, in collaboration with the charity Bridging the Bar, comes as the supreme court, judiciary and legal profession more widely face scrutiny over accessibility.’

Full Story

The Guardian, 27th May 2021

Source: www.theguardian.com

Case Preview: Harcus Sinclair LLP v Your Lawyers Ltd – UKSC Blog

‘In this post, Sarah Day, a senior associate with CMS, previews the decision awaited from the UK Supreme Court in the matter of Harcus Sinclair LLP v Your Lawyers Limited. This case centres around a non-compete clause contained within a non-disclosure agreement between two firms of solicitors. It is an important case in the sphere of solicitors’ professional indemnity insurance as it sees the issues of (i) the Court’s inherent jurisdiction over solicitors as officers of the Court, (ii) the interaction of that jurisdiction with the restraint of trade doctrine and (ii) the interpretation and enforcement of solicitors’ undertakings, to be considered at the highest level since 1940.’

Full Story

UKSC Blog, 25th May 2021

Source: ukscblog.com

Case Comment: Burnett or Grant v International Insurance Company of Hanover Limited [2021] UKSC 12 – UKSC Blog

‘In this post, Harriet Munro and Rowena Williams, members of the insurance disputes team at CMS, discuss the decision of the UK Supreme Court in the matter Burnett or Grant v International Insurance Company of Hanover Limited [2021] UKSC 12, which concerns the application of a ‘deliberate acts’ exclusion in insurance policies.’

Full Story

UKSC Blog, 21st May 2021

Source: ukscblog.com

Legal Challenges to neighbourhood plans and orders: the Supreme Court has the final word – Local Government Lawyer

Posted May 21st, 2021 in appeals, local government, news, planning, Supreme Court by tracey

‘Estelle Dehon and John Fitzsimons set out the lessons that those involved in neighbourhood plan and neighbourhood development order litigation should learn from a key Supreme Court ruling.’

Full Story

Local Government Lawyer, 21st May 2021

Source: www.localgovernmentlawyer.co.uk

High Court boosts flight delay claims as Supreme Court hears Bott case – Litigation Futures

Posted May 21st, 2021 in airlines, appeals, compensation, delay, EC law, law firms, news, Supreme Court by tracey

‘The High Court has given yet another boost to flight delay practices after ruling that a passenger who boarded in London but suffered a delay on the connecting leg of her flight in Canada was entitled to compensation.’

Full Story

Litigation Futures, 20th May 2021

Source: www.litigationfutures.com

New Judgment: Hurstwood Properties (A) Ltd and Ors v Rossendale Borough Council and Anor [2021] UKSC 16 – UKSC Blog

Posted May 17th, 2021 in appeals, local government, news, rates, Supreme Court by sally

‘The Supreme Court has unanimously allowed this appeal concerning liability to pay non-domestic rates for periods when unoccupied properties have been leased to special purpose vehicle companies (“SPVs”).’

Full Story

UKSC Blog, 14th May 2021

Source: ukscblog.com

New Judgment: Commissioners for Her Majesty’s Revenue and Customs v Tooth [2021] UKSC 17 – UKSC Blog

‘The Supreme Court has unanimously dismissed this appeal concerning issues surrounding the Taxes Management Act 1970.’

Full Story

UKSC Blog, 14th May 2021

Source: ukscblog.com

New Judgment: R (on the application of Fylde Coast Farms Ltd (formerly Oyston Estates Ltd)) v Fylde Borough Council [2021] UKSC 18 – UKSC Blog

‘The Supreme Court has unanimously dismissed this appeal concerning the interpretation of section 61N of the Town and Country Planning Act 1990.’

Full Story

UKSC Blog, 14th May 2021

Source: ukscblog.com

Lawyer found guilty of criminal contempt of court, fined £7k for disclosing result of Supreme Court appeal prior to judgment being handed down – Local Government Lawyer

‘The Supreme Court has fined an environmental lawyer £5,000 after finding him in criminal contempt of court for deliberately disclosing the result of an appeal prior to hand down of the judgment.’

Full Story

Local Government Lawyer, 11th May 2021

Source: www.localgovernmentlawyer.co.uk

Environment lawyer fined £5k for contempt in Heathrow case – The Guardian

‘Environmental lawyer Tim Crosland has been fined £5,000 for criminal contempt of court after deliberately making public a supreme court ruling related to Heathrow airport before the result was officially announced. The judges could have jailed him for two years.’

Full Story

The Guardian, 10th May 2021

Source: www.theguardian.com

Supreme Court gives permission to appeal in capacity to consent to sexual relations case – Local Government Lawyer

Posted May 6th, 2021 in appeals, autism, consent, Court of Protection, news, Supreme Court by sally

‘The Supreme Court has agreed to hear a case on whether, to have capacity to decide to have sexual relations with another person, a person needs to understand that the other person must have the capacity to consent to the sexual activity and must in fact consent before and throughout the sexual activity.’

Full Story

Local Government Lawyer, 5th May 2021

Source: www.localgovernmentlawyer.co.uk

Tomlinson-Blake in the Supreme Court – by Kate Ewing – UK Labour Law

Posted April 29th, 2021 in care workers, minimum wage, news, remuneration, Supreme Court, working time by sally

‘The Supreme Court decision in Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad & Another (T/A Clifton House Residential Home) [2021] UKSC 8 (“Mencap”) can only be described as a bitter blow to low paid, hard-working care workers who have been at the forefront of the most essential work during the ongoing global pandemic. In emotional terms it is hard to comprehend how such workers can feel anything other than betrayed and devalued as a result. The decision is, in the context of the great efforts by these workers, quite simply crushing. In legal terms, the decision also generates real concerns about the fragmentation of a basic minimum labour standard – the wage floor. One difficulty is the legal framework that workers have to rely on in relation to minimum wage protection in the UK. Further concerns also relate to the approach taken by the Supreme Court to the concept of time to be considered working (“work time”) in relation to the National Minimum Wage (“NMW”).’

Full Story

UK Labour Law, 28th April 2021

Source: uklabourlawblog.com

Case Preview: Lloyd v Google LLC – UKSC Blog

‘In this post, Kenny Henderson and Alex Askew of CMS preview the appeal being heard over the next two days in the matter of Lloyd v Google LLC, which concerns a claim alleging that the appellant (“Google”) breached its duties as a data controller to over 4m Apple iPhone users during a period of some months in 2011- 2012, when Google was able to collect and use their browser generated information.’

Full Story

UKSC Blog, 28th April 2021

Source: ukscblog.com

Supreme Court agrees to hear battle over termination of fixed term secure flexible tenancies – Local Government Lawyer

‘The Supreme Court has granted Croydon Council permission to appeal in a dispute over the termination of fixed term secure flexible tenancies.’

Full Story

Local Government Lawyer, 28th April 2021

Source: www.localgovernmentlawyer.co.uk

Council wins Supreme Court appeal over claim of £1.2m from heirs of school benefactor – Local Government Lawyer

‘The Supreme Court has allowed Oxfordshire County Council’s appeal in a case in which a family said the sale of school land worth £1.2m, which was gifted to the council by their late family member, was unlawful.’

Full Story

Local Government Lawyer, 23rd April 2021

Source: www.localgovernmentlawyer.co.uk

Tim Sayer: Preserving Judicial Oversight: An Appeal to Self-Interest – UK Constitutional Law Association

‘Boris Johnson’s government takes the view that ours is a time of judicial overreach, necessitating redress in terms of the balance of judicial and executive power. This seems to have been driven by a number of high-profile cases, certain vocal thinktanks which appear to have the ear of government, and a wider constitutional prospectus of enhancing executive power to the detriment of the other branches of state. An endless series of projects and proposals have emerged, designed to remedy the perception of an overmighty judiciary. The Independent Review of Administrative Law, established with a view to curbing the perceived excesses of judicial review, reported recently in relatively tame terms, only to be swiftly followed by a further set of proposals. The Independent Human Rights Act Review potentially paves the way for satiation of long-held Conservative fantasies of amending the Human Rights Act. There are also, if leaks are to be believed, proposals to reform the UK Supreme Court.’

Full Story

UK Constitutional Law Association, 21st April 2021

Source: ukconstitutionallaw.org

UK supreme court gets second female judge as Lady Justice Rose joins – The Guardian

Posted April 20th, 2021 in diversity, judges, judiciary, news, Supreme Court, women by sally

‘Lady Justice Rose has joined the supreme court, doubling the number of female justices in the UK’s highest court in an appointment that has failed to quell concerns about lack of diversity.’

Full Story

The Guardian, 19th April 2021

Source: www.theguardian.com

Female juniors head towards equality before top court – Litigation Futures

Posted April 16th, 2021 in barristers, diversity, equality, gender, news, statistics, Supreme Court, women by tracey

‘The ratio of women to men appearing before the Supreme Court has improved hugely in recent years at junior levels, although less so at senior levels, a comprehensive survey has shown.’

Full Story

Litigation Futures, 15th April 2021

Source: www.litigationfutures.com

Keeping it Simple … A blog by Daphne Romney QC on the Asda Stores v Brierley UKSC decision – Cloisters

‘The Supreme Court has finally handed down judgment in Asda Stores Ltd v Brierley. But although it clarified and simplified the law concerning comparators at different establishments under s.79 EqA, it left other questions unresolved. Daphne Romney QC considers the judgment.’

Full Story

Cloisters, 26th March 2021

Source: www.cloisters.com