‘Planning law in England should be updated to avoid a situation where the original planning permission granted to a site is invalidated by departures from the original approved plans because subsequent planning permissions granted for development within that site have made compliance with the original scheme physically impossible, an expert has said.’
OUT-LAW.com, 3rd November 2022
Source: www.pinsentmasons.com
‘The Supreme Court has unanimously dismissed an appeal by a developer in a dispute with a national park authority over the implementation of successive planning permissions.’
Local Government Lawyer, 3rd November 2022
Source: www.localgovernmentlawyer.co.uk
‘In this post, Jack Prytherch, Of Counsel in the Tax team at CMS, previews the case of News Corp UK & Ireland Limited v Commissioners for His Majesty’s Revenue and Customs, which is scheduled to be heard on 22 and 23 November 2022.’
UKSC Blog, 31st October 2022
Source: ukscblog.com
‘English law has, to put it mildly, a fractious relationship with the concept of good faith. There is a deep-rooted scepticism towards it that has often manifested as outright hostility: Lord Ackner famously described the duty to negotiate in good faith as “inherently repugnant to the adversarial position of the parties” (Walford v Miles). Indeed, the Supreme Court has recently confirmed that there is no general principle of good faith in English law (Times Travel (UK) Ltd and another v Pakistan International Airlines Corp).’
Practical Law: Construction Blog , 19th October 2022
‘This appeal concerns the correct approach to evidence and the burden and standard of proof in the context of historic claims for the recovery of input Value Added Tax (“VAT”). Input tax is the VAT incurred when the taxpayer buys in supplies which it uses for the purpose of a business activity.’
UKSC Blog, 19th October 2022
Source: ukscblog.com
‘This appeal concerns the proper basis for awarding remedies in cases of proprietary estoppel. Proprietary estoppel arises when a person gives a promise or assurance to another person that they have or will be given an interest in property and that other person reasonably relies on the promise or assurance to their detriment.’
UKSC Blog, 19th October 2022
Source: ukscblog.com
‘In this post, Grant Arnold, a paralegal in the litigation team at CMS, previews the decision awaited from the Supreme Court in Unger and Anor (in substitution for Hasan) v Ul-Hasan (deceased) and Anor.’
UKSC Blog, 17th October 2022
Source: ukscblog.com
“The Supreme Court has handed down a significant judgment in BTI 2014 LLC v Sequana SA. It addresses the existence, substance and circumstances of the ‘creditor duty’ – the duty of company directors to consider or act in accordance with the interests of companies’ creditors in the context of prospective insolvency.”
Law Society's Gazette, 14th October 2022
Source: www.lawgazette.co.uk
‘Company directors need to remain wary of their duty to consider the interests of creditors in certain circumstances, despite a new UK Supreme Court ruling that they are likely to welcome, experts have said.’
OUT-LAW.com, 10th October 2022
Source: www.pinsentmasons.com
‘The Supreme Court’s judgment on the legality of a Scottish independence referendum could be provided within six to eight weeks, its former deputy president has said.’
The Independent, 9th October 2022
Source: www.independent.co.uk
‘Lord Hodge, Guildhall Lecture – The Rule of Law, the Courts and the British Economy.’
Supreme Court, 4th October 2022
Source: www.supremecourt.uk
‘This appeal raised questions of considerable importance for company law. It provides the first opportunity for the Supreme Court to consider the existence, content and engagement of the so-called “creditor duty”: the alleged duty of company directors to consider, or to act in accordance with, the interests of the company’s creditors when the company becomes insolvent, or when it approaches, or is at real risk of, insolvency.’
UKSC Blog, 5th October 2022
Source: ukscblog.com
‘On 28 June 2022, the Lord Advocate referred to the UK Supreme Court (“UKSC”) the question of whether the Scottish Parliament has the power to legislate for a second independence referendum (“Indyref 2”) without an Order enabling it do so under section 30 of the Scotland Act 1998 (a “section 30 Order”). Assuming the UKSC will accept the reference, we argue that it should rule that the Scottish Parliament has no legal power to pass legislation facilitating an independence referendum without a section 30 Order. However, we propose that this does not prevent the UKSC from attempting to break the deadlock by declaring that the UK Government is acting unconstitutionally in a political sense if it does not make a section 30 Order. Of course, there is no guarantee that a section 30 Order would be issued – we consider alternative pathways to an Indyref 2, including possible invocations of constituent power, in a forthcoming article – but we argue that this would be a constitutionally proper and desirable approach for the UKSC to take.’
UK Constitutional Law Association, 3rd October 2022
Source: ukconstitutionallaw.org
‘In Secretary of State for the Home Department v HA (Iraq) [2022] UKSC 22, the Supreme Court has confirmed that the Court of Appeal was right to reject the idea that, when assessing whether it would be unduly harsh (and therefore disproportionate) for a person to be deported from the UK, the degree of harshness that would arise from this should be assessed by reference to a comparison with that which would ‘necessarily’ be involved for any child faced with the deportation of a parent. The Court also provided useful guidance concerning the application of the test for whether there are very compelling circumstances rendering deportation disproportionate in a given case.’
UK Human Rights Blog, 6th September 2022
Source: ukhumanrightsblog.com
‘Lisa Edmunds summarises four decisions about proportionality in adoption cases and sets out the takeaway points for everyday practice.’
Local Government Lawyer, 26th August 2022
Source: www.localgovernmentlawyer.co.uk
‘A fake NHS boss who made £1m by lying about his qualifications to secure senior jobs will have to pay £96,000 after Supreme Court hearing.’
The Independent, 20th August 2022
Source: www.independent.co.uk
‘Lord Burrows, Sir Christopher Staughton Memorial Lecture 2022’
Supreme Court, 15th August 2022
Source: www.supremecourt.uk
‘The Supreme Court has appointed two recently-retired judges as justices, which critics have pointed out means that men called David now outnumber women by three to one on the UK’s highest court.’
Law Society’s Gazette, 18th August 2022
Source: www.lawgazette.co.uk
‘A fraudster jailed for falsifying qualifications to secure a top NHS job should have to pay back some of the wages he unlawfully received, the Supreme Court has ruled.’
Law Society's Gazette, 18th August 2022
Source: www.lawgazette.co.uk
‘A recent UK Supreme Court decision is a reminder of some of the issues that need to be considered when calculating UK corporation tax profits whilst also highlighting the complexity of the UK’s tax system.’
OUT-LAW.com, 15th August 2022
Source: www.pinsentmasons.com
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