‘In 2018 Mrs Fiona Philipp and her husband, Dr Robin Philipp, fell victim to a fraud. They were deceived by criminals into instructing Barclays Bank (the Bank) to transfer £700,000 in two payments from Mrs Philipp’s current account with the Bank to bank accounts in the United Arab Emirates. The instructions were carried out and the money was lost.’
UKSC Blog, 12th July 2023
Source: ukscblog.com
‘This case is concerned with the extent to which a doctor is required, under the duty of care owed to a patient, to inform the patient about alternative possible treatments to the one that is being recommended.’
UKSC Blog, 12th July 2023
Source: ukscblog.com
‘The long running case of Maguire has finally been concluded in a Supreme Court judgment handed down last week. The bottom line is and remains that the threshold for Article 2 remains high in cases involving health and social care. The case is particularly helpful for its detailed and comprehensive analysis of the authorities and the relevant legal principles in relation to the application of Article 2 and is a must read for those practising in the coronial area.’
2 Hare Court, 30th June 2023
Source: www.2harecourt.com
‘W80, an armed police officer, shot Jermaine Baker dead in a police operation. Mr Baker was implicated in a plot to snatch two individuals from custody. The police had intelligence that the plotters would be in possession of firearms. W80’s account was that during the intervention, Mr Baker’s hands moved quickly up to a shoulder bag on his chest. Fearing for his life and those of his colleagues, W80 fired one shot. No firearm was found in the bag, but an imitation firearm was in the rear of the car.’
UKSC Blog, 5th July 2023
Source: ukscblog.com
‘The Supreme Court has ruled that the civil law test should be applied in police disciplinary proceedings and that public confidence is better served in doing so.’
Law Society's Gazette, 5th July 2023
Source: www.lawgazette.co.uk
‘A police officer who shot a man dead in 2015 could face professional misconduct proceedings after supreme court judges dismissed an appeal, in a landmark ruling that provides significant clarity over holding officers who use force to account.’
The Guardian, 5th July 2023
Source: www.theguardian.com
‘In this post, Anna Walsh (Partner) and Nicole Ellerby (Associate) in CMS’ defendant medical malpractice team consider the awaited decision from the Supreme Court in the Scottish case of McCulloch and Ors v Forth Valley Health Board [2021] CSIH 21.’
UKSC Blog, 3rd July 2023
Source: ukscblog.com
‘The public sector equality duty (“PSED”) imposed by section 149 of the Equality Act 2010 is a procedural obligation that requires public bodies to have due regard to the equality needs listed in that section when exercising their functions. This appeal concerns the territorial scope of the PSED. It raises the issue of whether a public body is required under the PSED to have due regard to people living outside the United Kingdom when exercising its functions.’
UKSC Blog, 28th June 2023
Source: ukscblog.com
‘The Supreme Court has unanimously dismissed a wife’s appeal for financial relief against her husband’s estate after he died before the final determination of her application.’
Law Society's Gazette, 30th June 2023
Source: www.lawgazette.co.uk
‘Court of appeal judges have ruled that it is unlawful to send asylum seekers to Rwanda to have their claims processed, in a judgment that delivers a potential hammer blow to government policy.’
The Guardian, 29th June 2023
Source: www.theguardian.com
‘The advent of the Human Rights Act 1998, and the incorporation into domestic law of the Article 2 right to life, has transformed coronial investigations and inquests over the last two decades. Lord Bingham’s magisterial creation of the “enhanced” investigation and conclusion in R (Middleton) v West Somerset Coroner [2004] UKHL 10, [2004] 2 AC 182 (later adopted by Parliament) gave coroners greater responsibility to hold the state to account for deaths. That, in turn, has significantly improved the ways in which all inquests are conducted, not just those where Article 2 is found to be engaged. Inquests are no longer haphazard affairs. They are (ordinarily) carefully planned and structured processes; and their participants, the “interested persons”, are far more involved in assisting coroners with the task of identifying the proper scope of their investigations and the lawful ambit of their conclusions.’
UK Human Rights Blog, 28th June 2023
Source: ukhumanrightsblog.com
‘In this post, Jack Prytherch, Of Counsel in the Tax Disputes & Investigations team at CMS, comments on the Supreme Court’s decision in HMRC v SSE Generation Ltd [2023] UKSC 17, which was handed down on 17 May 2023. The issue before the Supreme Court was the extent to which SSE Generation Ltd (“SSE”) was entitled to claim capital allowances on expenditure incurred when constructing the hydro-electric power station at Glendoe, Fort Augustus in Scotland (the “Glendoe Scheme”). The CMS Tax Disputes & Investigations team was pleased to have advised SSE on this case. Counsel for SSE were Jonathan Peacock KC and Michael Ripley.’
UKSC Blog, 27th June 2023
Source: ukscblog.com
‘The Supreme Court has granted permission to appeal the decision in Davies v Bridgend County Borough Council [2023] EWCA Civ 80, which overturned lower court rulings that found diminution in value in Japanese knotweed cases was irrecoverable economic loss and ordered the council to pay damages to a property owner.’
Local Government Lawyer, 23rd June 2023
Source: www.localgovernmentlawyer.co.uk
‘This appeal relates to the interpretation of the Immigration Rules, in particular the Tier 1 (Investor) Migrant regime (as in force in December 2017 – it has since been closed). This regime was designed to grant leave to remain to high-net-worth individuals making a substantial financial contribution to the UK. To qualify individuals were required to have £1 million (of either their own money or money borrowed from a UK-regulated financial institution) under their control in the UK. They must also have invested at least £750,000 of such sum in the UK through UK Government bonds or in shares in or loans to active and trading UK-registered companies (subject to certain further restrictions and exclusions).’
EIN Blog, 21st June 2023
Source: www.ein.org.uk
‘The appellants are road hauliers based in Poland. The respondents are part of a group of companies that buy and sell tobacco products internationally. The respondents contracted the appellants to transport a consignment of cigarettes from Poland to England. The road carriage was undertaken subject to the Convention on the Contract for the International Carriage of Goods by Road 1956 (the “CMR”), an international treaty which widely governs international transport by road and has the force of law in the UK under domestic legislation. Under a European excise duty suspension arrangement, excise duty on the cigarettes was suspended until such time as the consignment was released for commercial consumption, or was deemed to have been released for commercial consumption, as in the case of non-delivery or partial delivery due to theft.’
UKSC Blog, 14th June 2023
Source: ukscblog.com
‘The Supreme Court will next week (21-22 June) hear a case brought against Surrey County Council over whether the local authority acted unlawfully by not requiring an impact assessment of a proposed oil well’s impact on downstream greenhouse gas (GHG) emissions before granting planning permission.’
Local Government Lawyer, 13th June 2023
Source: www.localgovernmentlawyer.co.uk
‘The Supreme Court has refused mining giant BHP permission to appeal the Court of Appeal’s decision allowing the largest group action ever to go ahead.’
Legal Futures, 12th June 2023
Source: www.legalfutures.co.uk
‘Lord Sales: The Developing Jurisprudence of the Supreme Court on Convention Rights’
Supreme Court, 5th June 2023
Source: www.supremecourt.uk
‘The Supreme Court has refused to hear a case that alleged Herefordshire Council failed to carry out the proper habitat regulations assessments before giving planning permission for farm buildings bordering the River Wye catchment area.’
Local Government Lawyer, 2nd June 2023
Source: www.localgovernmentlawyer.co.uk
‘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
© Inner Temple Library 2023