UK government submits indyref2 argument to Supreme Court – BBC News

‘The UK government has submitted its argument in a case that could allow the Scottish Parliament to legislate for another independence referendum.’

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BBC News, 9th August 2022

Source: www.bbc.co.uk

Holiday pay and pensions – Local Government Lawyer

‘Doug Mullen and Billy Richards consider the pensions implications of a recent Supreme Court holiday pay case.’

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Local Government Lawyer, 5th August 2022

Source: www.localgovernmentlawyer.co.uk

Deportation: Supreme Court revisits Unduly Harsh and Very Compelling Circumstances Tests – EIN Blog

‘On 20 July 2022, the UK Supreme Court gave its judgment in the three joined appeals of HA (Iraq), RA (Iraq) and AA (Nigeria) [2022] UKSC 22. The full judgment can be found here. These were all deportation appeals decided by the Court of Appeal. The Court of Appeal found in favour of the three individuals and the Secretary of State, through the Home Office, appealed to the Supreme Court.’

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EIN Blog, 3rd August 2022

Source: www.ein.org.uk

Case Comment: Hastings v Finsbury Orthopaedics Ltd and Anor [2022] UKSC 19 – UKSC Blog

‘In this post, Sophie Malley, a trainee solicitor at CMS, comments on the decision in Hastings v Finsbury Orthopaedics Ltd and Anor [2022] UKSC 19, the first product liability case to reach the UK Supreme Court.’

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UKSC Blog, 1st August 2022

Source: ukscblog.com

Archie Battersbee’s life support ‘ending at 11am’ after Supreme Court appeal fails – The Independent

‘The mother of 12-year-old Archie Battersbee said that his life support will be withdrawn at 11am on Wednesday after the family lost a Supreme Court bid to continue his treatment.’

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The Independent, 2nd August 2022

Source: www.independent.co.uk

Archie Battersbee’s parents fail in life support bid at supreme court – The Guardian

‘The parents of 12-year-old Archie Battersbee, who was left in a comatose state after suffering brain damage, have failed to persuade the supreme court to intervene in a life support treatment battle.’

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The Guardian, 28th July 2022

Source: www.theguardian.com

Supreme Court date for indyref2 case set for 11 October – BBC News

Posted July 21st, 2022 in devolution, news, referendums, Scotland, Supreme Court by sally

‘A key court case that could allow the Scottish Parliament to legislate for another independence referendum will hear arguments in October, the Supreme Court has said.’

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BBC News, 21st July 2022

Source: www.bbc.co.uk

New Judgment: HA (Iraq) (Respondent) v Secretary of State for the Home Department (Appellant) RA (Iraq) (Respondent) v Secretary of State for the Home Department (Appellant) AA (Nigeria) (Respondent) v Secretary of State for the Home Department (Appellant) [2022] UKSC 22 – UKSC Blog

‘These three conjoined appeals concern the statutory regime governing the deportation of foreign criminals under section 117C of the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”). A “foreign criminal” for the purposes of these appeals is a person who is not a British citizen, is convicted in the UK of an offence, and who is sentenced to a period of imprisonment of at least 12 months. The 2002 Act divides foreign criminals who have been sentenced to terms of imprisonment into two categories. Those sentenced to at least 12 months, but less than four years (“medium offenders”), can avoid deportation if they can establish that its effect on a qualifying child or partner would be “unduly harsh” (“the unduly harsh test”). This is known as Exception 2. Exception 1, which relates to length of lawful residence and integration, is not in issue in this appeal. Those sentenced to at least four years (“serious offenders”) can avoid deportation if they establish that there are “very compelling circumstances, over and above those described in Exceptions 1 and 2” (“the very compelling circumstances test”). Whether deportation would produce unduly harsh effects for a qualifying partner/child is relevant there too.’

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UKSC Blog, 20th July 2022

Source: ukscblog.com

New Judgment: Harpur Trust v Brazel [2022] UKSC 21 – UKSC Blog

Posted July 21st, 2022 in appeals, employment, flexible working, holiday pay, news, Supreme Court by sally

‘This appeal concerned the calculation of annual leave and holiday pay entitlements for workers who work for varying hours during only certain weeks of the year but have a contract throughout that year (“part–year workers”).’

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UKSC Blog, 20th July 2022

Source: ukscblog.com

New Judgment: R v Luckhurst [2020] UKSC 23 – UKSC Blog

‘This case concerns whether the Proceeds of Crime Act 2002 (POCA) permits a variation to a restraint order to cover reasonable legal expenses in respect of civil proceedings founded on the same or similar allegations or facts as those giving rise to the making of the restraint order.’

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UKSC Blog, 20th July 2022

Source: ukscblog.com

No diplomatic immunity for actions grounded in modern slavery allegations – UK Human Rights Blog

‘Basfar v Wong [2022] UKSC 20. Judgment here, links to hearings here. The landmark decision handed down on 6 July 2022 by a majority of 3 to 2 in the Supreme Court held that a serving diplomat does not enjoy immunity in an employment tribunal claim grounded in allegations of modern slavery.’

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UK Human Rights Blog, 18th July 2022

Source: ukhumanrightsblog.com

UK government asks Supreme Court to dismiss indyref2 case – BBC News

‘The UK government has urged judges to dismiss the Scottish government’s request for a ruling on whether it has the power to hold indyref2.’

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BBC News, 13th July 2022

Source: www.bbc.co.uk

Case Preview: Hillside Parks Limited v Snowdonia National Park Authority – UKSC Blog

Posted July 8th, 2022 in appeals, housing, local government, news, planning, Supreme Court by sally

‘In this post, Sam Porter, an Associate in the Planning team at CMS, previews the upcoming Supreme Court decision in the case of Hillside Parks Limited v Snowdonia National Park Authority UKSC 2020/0211. The case was heard on 4 July 2022.’

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UKSC Blog, 7th July 2022

Source: ukscblog.com

No diplomatic immunity in modern slavery cases, Supreme Court rules – BBC News

‘The UK Supreme Court has ruled that diplomats cannot hide behind immunity to exploit workers, in a victory for campaigners against modern slavery.’

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BBC News, 7th July 2022

Source: www.bbc.co.uk

New Judgment: Basfar v Wong [2022] UKSC 20 – UKSC Blog

‘The Appellant (a national of the Philippines) is a migrant domestic worker who worked in the household of the Respondent, a diplomat representing the Kingdom of Saudi Arabia in the United Kingdom. Ms Wong claims to be a victim of human trafficking who was forced to work for Mr Basfar and his family in circumstances of modern slavery after they brought her with them to the UK in August 2016.’

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UKSC Blog, 6th July 2022

Source: ukscblog.com

Supreme Court to consider next week principle on planning conditions, dedication of highways and compensation – Local Government Lawyer

Posted July 5th, 2022 in compensation, news, planning, roads, Supreme Court by sally

‘The Supreme Court will next week (12 July) consider whether the principle enunciated by the Court of Appeal that a planning condition could not lawfully require the developer to dedicate land for public purposes without the payment of compensation, is correct in law.’

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Local Government Lawyer, 4th July 2022

Source: www.localgovernmentlawyer.co.uk

What happens when a devolved bill is referred to the UK Supreme Court? – House of Commons Library

Posted July 5th, 2022 in abortion, bills, devolution issues, news, Northern Ireland, Supreme Court by tracey

‘The Abortion Services (Safe Access Zones) Bill (Northern Ireland) has been referred to the UK Supreme Court. We explain why, and how a bill reference works.’

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House of Commons Library , 4th July 2022

Source: commonslibrary.parliament.uk

Non-Binary Passports: R (on the application of Elan-Cane) (Appellant) v Secretary of State for the Home Department (Respondent) [2021] UKSC 56 – UK Human Rights Blog

‘The Appellant in R (on the application of Elan-Cane) (Appellant) v Secretary of State for the Home Department (Respondent) [2021] UKSC 56 was assigned female at birth, however during and after puberty they felt revulsion at their body and underwent surgery in 1989 and 1990 to alleviate those feelings. The Appellant who identifies as non-gendered, is a campaigner for the legal and social recognition of this category. The provision of “X passports” are a focal point of the Appellant’s campaign.’

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UK Human Rights Blog, 4th July 2022

Source: ukhumanrightsblog.com

FTH v Varis Developments – adjudication and insolvency meet head on again – Practical Law: Construction Blog

‘In its decision in Bresco v Lonsdale, the Supreme Court confirmed that insolvent companies have the statutory and contractual right to adjudicate construction disputes, even if that claim is affected by insolvency set-off.’

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Practical Law: Construction Blog , 29th June 2022

Source: constructionblog.practicallaw.com

UK Supreme Court backs telecoms firms in Electronic Communications Code dispute – OUT-LAW.com

Posted June 24th, 2022 in appeals, news, Supreme Court, telecommunications by tracey

‘The UK Supreme Court has largely backed providers of telecommunications infrastructure in three cases to do with the extent of their rights under the revised Electronic Communications Code (“the Code”) to acquire additional Code rights over land that they do not own.’

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OUT-LAW.com, 23rd June 2022

Source: www.pinsentmasons.com