Supreme Court – Page 20 – Current Awareness

Inevitability as the New Discrimination Defence: UK Supreme Court Mangles Indirect Discrimination Analysis While Finding the Two-Child Limit Lawful – Oxford Human Rights Hub

Posted July 27th, 2021 in appeals, benefits, children, equality, families, government departments, human rights, limitations, news, sex discrimination, Supreme Court by sally

‘The UK Supreme Court has delivered its long-awaited judgment in R (on the application of SC, CB and 8 children) (Appellants) v Secretary of State for Work and Pensions and others (Respondents) on the two-child rule (in the Welfare Reform and Work Act 2016) limiting key subsistence benefits to two children per household, and it wastes no opportunity to disappoint.’

Oxford Human Rights Hub, 26th July 2021

Source: ohrh.law.ox.ac.uk

New Judgment: Harcus Sinclair LLP and Anor v Your Lawyers Ltd [2021] UKSC 32 – UKSC Blog

Posted July 26th, 2021 in appeals, class actions, contracts, injunctions, law firms, news, non-disclosure agreements, restraint of trade, Supreme Court by sally

‘The Supreme Court has unanimously allowed this appeal concerning whether a non-compete clause, by which one law firm agreed with another law firm not to take part in the emissions litigation without the latter’s permission, is enforceable or not.’

UKSC Blog, 23rd July 2021

Source: ukscblog.com

New Judgment: Royal Mail Group Ltd v Efobi [2021] UKSC 33 – UKSC Blog

Posted July 26th, 2021 in appeals, burden of proof, employment, employment tribunals, equality, news, race discrimination, statutory interpretation, Supreme Court by sally

‘The Supreme Court has unanimously dismissed this appeal concerning two questions of law: (i) whether a change in the wording of equality legislation has altered the burden of proof in employment discrimination cases and (ii) when a tribunal may draw adverse inferences from the absence of a potential witness.’

UKSC Blog, 23rd July 2021

Source: ukscblog.com

Supreme Court upholds six-year non-compete clause signed by law firm – Legal Futures

Posted July 26th, 2021 in appeals, contracts, injunctions, law firms, news, non-disclosure agreements, restraint of trade, Supreme Court by sally

‘A non-compete undertaking given by one law firm to another ahead of them working together was reasonable and not a restraint of trade, the Supreme Court ruled today.’

Legal Futures, 23rd July 2021

Source: www.legalfutures.co.uk

New Judgment: Test Claimants in the Franked Investment Income Group Litigation & Ors v Revenue and Customs [2020] UKSC 47 – UKSC Blog

Posted July 23rd, 2021 in appeals, children, corporation tax, EC law, HM Revenue & Customs, limitations, news, restitution, Supreme Court, time limits by sally

‘The Supreme Court has unanimously allowed this appeal concerning the law of limitation.’

UKSC Blog, 23rd July 2021

Source: ukscblog.com

Supreme Court dismisses solitary confinement appeal – UK Human Rights Blog

Posted July 23rd, 2021 in appeals, children, custody, detention, human rights, news, sexual offences, Supreme Court, young offenders by sally

‘The Supreme Court has unanimously dismissed an appeal which considered whether treatment throughout a 55 day period in solitary confinement of a then 15-year-old appellant in Feltham Young Offenders’ Institution constituted a violation of Article 3 of the European Convention on Human Rights.’

UK Human Rights Blog, 22nd July 2021

Source: ukhumanrightsblog.com

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

Posted July 22nd, 2021 in judicial review, news, planning, statutory interpretation, Supreme Court, time limits by sally

‘In this post, Angus Maudslay, an associate in the litigation and arbitration team at CMS, comments on the decision of the UK Supreme Court in the matter of R (on the application of Fylde Coast Farms Ltd (formerly Oyston Estates Ltd)) v Fylde Borough Council [2021] UKSC 18, which concerns whether section 61N of the Town and Country Planning Act 1990 should be interpreted to mean that an application for judicial review was made out of time.’

UKSC Blog, 21st July 2021

Source: ukscblog.com

Mothers lose landmark case against ‘desperately unfair’ two-child benefit limit – The Independent

Posted July 9th, 2021 in benefits, budgets, children, human rights, news, sex discrimination, Supreme Court, women by michael

‘Two campaigners have lost a challenge against the government’s “two-child limit” for welfare payments – an austerity measure brought in by former Tory chancellor George Osborne and one which critics have described as “desperately unfair”.’

The Independent, 9th July 2021

Source: www.independent.co.uk

Supreme Court grasps the nettle(bed) and gives lesson on sale of school land – Hardwicke Chambers

Posted July 2nd, 2021 in appeals, chambers articles, land registration, local government, news, statutory interpretation, Supreme Court by sally

‘John Clargo discusses the recent Supreme Court decision in Rittson-Thomas & Ors v Oxfordshire County Council [2021] UKSC 13 and its implications for “statutory reverters” under section 2 of the School Sites Act 1841.’

Hardwicke Chambers, 1st July 2021

Source: hardwicke.co.uk

Supreme Court to hear UK challenge to two Holyrood bills – BBC News

Posted June 28th, 2021 in bills, children, devolution issues, government departments, local government, news, Scotland, Supreme Court, treaties by tracey

‘The Scottish and UK governments are to face off at the Supreme Court over whether two bills passed by MSPs are within Holyrood’s powers.’

BBC News, 28th June 2021

Source: www.bbc.co.uk

Meadows v Khan in the Supreme Court: Scope of Duty in Clinical Negligence Claims – Ropewalk Clinical Negligence Blog

Posted June 28th, 2021 in appeals, autism, birth, causation, chambers articles, damages, doctors, duty of care, negligence, news, Supreme Court by tracey

‘In Meadows v Khan [2021] UKSC 21, the Supreme Court unanimously dismissed Ms Meadows’ appeal, finding that there was no principled basis for excluding a clinical negligence claim from the ambit of the ‘scope of duty principle’ in the tort of negligence. The judgment can be read here. This short blog looks at the majority’s reasoning.’

Ropewalk Clinical Negligence Blog, 24th June 20201

Source: www.ropewalk.co.uk

Supreme Court backs protesters and rules blocking roads can be ‘lawful’ way to demonstrate – The Independent

Posted June 28th, 2021 in appeals, demonstrations, freedom of expression, human rights, news, public order, roads, Supreme Court, weapons by tracey

‘The Supreme Court has ruled that protests can be a “lawful excuse” to block roads, as the government pushes for new laws to limit peaceful demonstrations. Britain’s most senior judges said it was right to acquit a group of protesters who blockaded the Defence and Security Equipment International (DSEI) arms fair in London in 2017.’

The Independent, 26th June 2021

Source: www.independent.co.uk

Supreme Court Revisits Wrongful Birth Claims: an extended look — Robert Kellar QC and Owain Thomas QC – UK Human Rights Blog

Posted June 25th, 2021 in appeals, autism, birth, causation, children, damages, doctors, duty of care, negligence, news, Supreme Court by tracey

‘In Khan v. Meadows [2021] UKSC 21 the Supreme Court has revisited the principles to be applied in “wrongful birth” claims: claims for the cost of bringing up a disabled child who would not have been born but for a doctor’s negligent medical advice/treatment. However, the judgment has implications beyond the world of clinical negligence litigation. The Supreme Court has taken the opportunity to clarify the components or ingredients of the tort negligence more generally. In particular, the Court has affirmed the importance of the “scope of duty” principle: a principle which limits the recoverability of damages wherever it applies. In particular, it is not sufficient for a claimant to establish that – with competent advice – they would have made a different decision about their treatment or care. They must also demonstrate that the particular harm that they have suffered fell within the scope of the defendant’s duty of care.’

UK Human Rights Blog, 24th June 2021

Source: ukhumanrightsblog.com

Supreme Court lays out “new legal roadmap” for professional negligence – Legal Futures

Posted June 22nd, 2021 in costs, economic loss, negligence, news, Supreme Court by sally

‘The Supreme Court has provided a “wholly new legal roadmap” for professional negligence after its ruling last week in two linked cases, the Professional Negligence Lawyers Association (PNLA) has said.’

Legal Futures, 22nd June 2021

Source: www.legalfutures.co.uk

Supreme Court clarifies duty test in Grant Thornton ruling – Law Society’s Gazette

Posted June 21st, 2021 in appeals, auditors, building societies, damages, duty of care, negligence, news, Supreme Court by tracey

‘The Supreme Court has backed a building society’s claim against its former auditor, in a ruling that provides a “more generous” test for the duty of care owed by professional advisers.’

Law Society's Gazette, 18th June 2021

Source: www.lawgazette.co.uk

Employment status following the Uber Supreme Court case – Mills & Reeve

Posted June 17th, 2021 in contracts, employment, holiday pay, minimum wage, news, self-employment, Supreme Court, taxis by sally

Establishing an individual’s employment rights can feel like a minefield, with varying degrees of obligations on the employer depending on the employment status. Earlier this year the Supreme Court upheld earlier decisions in the Employment Tribunal, Employment Appeal Tribunal and Court of Appeal that Uber drivers are “workers” of Uber for the purposes of employment rights, and not, as Uber argued, self-employed contractors each operating their own minicab business.

Mills & Reeve, 14th June 2021

Source: www.mills-reeve.com

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.’

OUT-LAW.com, 1st June 2021

Source: www.pinsentmasons.com

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

Posted May 27th, 2021 in barristers, diversity, legal education, minorities, news, Supreme Court, young persons by tracey

‘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.’

The Guardian, 27th May 2021

Source: www.theguardian.com

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

Posted May 26th, 2021 in appeals, indemnities, interpretation, jurisdiction, law firms, news, non-disclosure agreements, restraint of trade, solicitors, Supreme Court by sally

‘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.’

UKSC Blog, 25th May 2021

Source: ukscblog.com

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