‘When local authorities dispose of land, there are several important legal issues for them to consider. A recent case considered by the Supreme Court showed the importance of considering one such issue – the duties associated with disposing of land consisting of open space, write Paul Hilsdon and Matthew Holtam.’
Local Government Lawyer, 26th May 2023
Source: www.localgovernmentlawyer.co.uk
‘SSE Generation Ltd, the respondent, claimed capital allowances on expenditure incurred when constructing a hydro-electric power station at Glendoe, Fort Augustus in Scotland. Such allowances may be deducted from income for the purpose of calculating a company’s trading profits subject to corporation tax. Commissioners for His Majesty’s Revenue and Customs (“HMRC”) disputed certain allowances claimed by SSE for tax years 31 March 2006 to 31 March 2012 on the basis that in their view certain relevant assets did not give rise to allowable expenditure under the Capital Allowances Act 2001 (the “Act”).’
UKSC Blog, 17th May 2023
Source: ukscblog.com
‘A ruling by the UK Supreme Court provides some clarifications on when the law of nuisance can be relied upon for raising environmental claims, but it has also left open some important questions, experts have said.’
OUT-LAW.com, 16th May 2023
Source: www.pinsentmasons.com
‘The claimant was a member of the defendant’s church. She and her husband had formed a close friendship with an elder in the church. During a visit to the elder’s house in 1990, the elder raped the claimant while they were together in a room. She reported the crime to the police in 2014 and her assailant was convicted and imprisoned. She then brought a claim against the defendant alleging that it was vicariously liable for the elder’s attack on her. At first instance, the trial judge held that the defendant was vicariously liable and that decision was upheld by the Court of Appeal. The defendant then appealed to the Supreme Court.’
Law Society's Gazette, 12th May 2023
Source: www.lawgazette.co.uk
‘This appeal concerns the tort of private nuisance (a civil wrong) in the context of a major oil spill. The question at issue is whether there is a continuing private nuisance and hence a continuing cause of action. This is an important question because it affects when the limitation period for the bringing of claims (which in English law for torts is normally six years) starts to run.’
UKSC Blog, 10th May 2023
Source: ukscblog.com
‘”Deeper pockets” is not sufficient justification for extending vicarious liability “beyond its principled boundaries” the Supreme Court has found, as it ruled a congregation cannot be liable for a rape committed by one of its elders.’
Law Society's Gazette, 2nd May 2023
Source: www.lawgazette.co.uk
‘A Supreme Court judge has said the trend of courts working largely outside public view could change through documents being made more widely available.’
Law Society's Gazette, 27th April 2023
Source: www.lawgazette.co.uk
‘In this appeal, the Supreme Court is asked to decide whether the Jehovah’s Witness organisation is vicariously liable for a rape committed by Mark Sewell, a former elder.’
UKSC Blog, 26th April 2023
Source: ukscblog.com
‘Mr and Mrs B began attending the religious services of the Barry Congregation of Jehovah’s Witnesses in 1984. They made lots of friends in the congregation, among whom were Mark Sewell, his wife Mary and their children. Mark Sewell was an elder; however, he began drinking heavily and behaving inappropriately towards female members of the congregation, for example by kissing them on the lips when he greeted them. In 1990, he raped Mrs B after they had been out evangelising together and in 2014 he was convicted of her rape and of indecently assaulting two other people.’
Law & Religion UK, 26th April 2023
Source: lawandreligionuk.com
‘The respondents in this appeal were convicted of terrorism offences. On 13 November 2020, they were sentenced to determinate custodial sentences by Colton J. In accordance with the Criminal Justice (Northern Ireland) Order 2008 (the ‘2008 Order’), the judge specified a “custodial period” of half of the term of their sentences which gave rise to an obligation on the part of the Department of Justice to release the respondents on licence (e.g. living in the community while complying with set rules) when they had served half their sentences.’
UKSC Blog, 19th April 2023
Source: ukscblog.com
‘In this post, Jack Prytherch, Of Counsel in the Tax team at CMS, comments on the Supreme Court’s decision in Moulsdale t/a Moulsdale Properties v Commissioners for His Majesty’s Revenue and Customs [2023] UKSC 12, which was handed down on 22 March 2023. The issue before the Supreme Court was broadly whether a sale of property by the appellant (“Moulsdale”) should be treated as exempt from VAT under the Value Added Tax Act 1994 (“VATA”), Sch 10.’
UKSC Blog, 19th April 2023
Source: ukscblog.com
‘The Supreme Court will next week (27 April) hear a high-profile case over the responsibility of local authorities for the aftercare of a service-user who had been detained under the Mental Health Act 1983.’
Local Government Lawyer, 17th April 2023
Source: www.localgovernmentlawyer.co.uk
‘A few yards from the Tate Modern lies the Neo-Bankside block. It contains glass fronted flats constructed not long before the gallery’s viewing platform (known as the Blatvanik Building) opened. The trial took place in 2019, shortly before coronavirus struck in 2020 ([2019] EWHC 246) and took an inordinately long time to get to the Supreme Court.’
Exchange Chambers, 23rd March 2023
Source: www.exchangechambers.co.uk
‘Last week [8 March], the Supreme Court handed down its decision in VIP Communications (In Liquidation) v Secretary of State for the Home Department [2023] UKSC 10, upholding the Secretary of States’ appeal. The Supreme Court has confirmed that the Secretary of State can rely on section 5 of the Communications Act 2003 to direct Ofcom, on national security grounds, not to make regulations exempting commercial multi-user GSM gateways (COMUGs) from licensing.’
Devereux Chambers, 8th March 2023
Source: www.devereuxchambers.co.uk
‘The High Court has sharply criticised two litigants in person for making “baseless accusations” that impugned the integrity of their opponent’s legal team.’
Legal Futures, 14th April 2023
Source: www.legalfutures.co.uk
‘The recent Supreme Court decision of Fearn v Board of Trustees of the Tate Gallery [2023] will, no doubt, become the leading case in relation to the law on private nuisance, and one might, understandably, overlook the case in terms of what it said about human rights. The Supreme Court said that Article 8, the right to respect for private and family life, was an “unnecessary complication and distraction in this case”.’
Mills & Reeve, 6th April 2023
Source: www.mills-reeve.com
‘Gordon Wignall explores a nuisance case in the Supreme Court about the Tate Modern and Richard Roger’s glass dwellers’ lack of privacy.’
Solicitors' Journal, 27th March 2023
Source: www.solicitorsjournal.com
‘On 1 March 2023, the Supreme Court handed down its judgment in Rakusen v Jepsen [2023] UKSC 9. In a unanimous decision delivered by Lord Briggs and Lord Burrows in a joint judgment, the court held that the Court of Appeal had been correct in its interpretation that a Rent Repayment Order (RRO) could only be made against the immediate landlord of a tenancy that generates the relevant rent.’
Tanfield Chambers, 3rd March 2023
Source: www.tanfieldchambers.co.uk
‘In this post, David McKie and Dany Bitar, partner and associate respectively in the litigation team at CMS, preview the decision awaited from the Supreme Court in JTI POLSKA Sp. Z.o.o. and Ors v Jakubowski and Ors.’
UKSC Blog, 27th March 2023
Source: ukscblog.com
‘2023 has already been a landmark year for nuisance, with the Supreme Court handing down its controversial decision in Fearn v Tate Gallery (as discussed on this blog). The good news for those with a particular interest in the bothersome behaviour of neighbours is that Fearn is only the start.’
UK Human Rights Blog, 24th March 2023
Source: ukhumanrightsblog.com
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