‘In the first appeal in which the Supreme Court has been required to deal with s. 84 of the Law of Property Act 1925, it has delivered a strong warning to developers who may contemplate building on land in breach of a restrictive covenant: Ignore at your Peril.’
St Ives Chambers, 8th November 2020
Source: www.stiveschambers.co.uk
‘The Supreme Court has unanimously dismissed this appeal concerning the correct approach to the ‘public interest’ requirement on an application for the modification or discharge of restrictive covenants under section 84 of the Law of Property Act 1925 (the “1925 Act”).’
UKSC Blog, 6th November 2020
Source: ukscblog.com
‘The Supreme Court has unanimously dismissed this appeal addressing whether findings of fact made by the General Court of the European Union (“the General Court”) are binding in subsequent domestic proceedings, under the EU principle of absolute res judicata.’
UKSC Blog, 6th November 2020
Source: ukscblog.com
‘Progress towards gender diversity on the UK’s highest court is in danger of being thrown into reverse, following the announcement that another female justice will retire shortly.’
The Guardian, 8th November 2020
Source: www.theguardian.com
‘In Ecila Henderson v. Dorset Healthcare University NHS Trust Foundation [2020] UKSC 43 the Supreme Court has revisited the defence of illegality (“ex turpi causa”) in the context of a claim for clinical negligence.’
UK Human Rights Law Blog, 3rd November 2020
Source: ukhumanrightsblog.com
‘Lawyers have stressed that the illegality principle in civil claims remains intact despite the Supreme Court finding in favour of a mortgage fraudster in a dispute with a law firm.’
Law Society's Gazette, 4th November 2020
Source: www.lawgazette.co.uk
“John Tughan QC of 4PB considers the latest judgments that Public law child lawyers need to know about.”
Family Law Week, 28th October 2020
Source: www.familylawweek.co.uk
‘Where the law governing a contract containing an arbitration agreement differs from the law of the nominated “seat” of the arbitration, which law – absent any express choice – governs the arbitration agreement itself? That was the question that the Supreme Court had to grapple with in Enka Insaat Ve Sanayi AS v. OOO Insurance Company Chubb [2020] UKSC 38, in which judgment was handed down on 9 October 2020. George Spalton and Ian McDonald of 4 New Square consider the decision.’
4 New Square, 14th October 2020
Source: www.4newsquare.com
‘The main issue was how to determine the governing law of an arbitration agreement when the law applicable to the contract containing it was not the law of the seat of the arbitration.’
Littleton Chambers, 9th October 2020
Source: littletonchambers.com
‘The Supreme Court allowed this appeal addressing whether notice to an applicant of revocation of a sponsor’s licence in respect of his or her Tier 2 (General) Migrant application is required as a matter of procedural fairness.’
UKSC Blog, 23rd October 2020
Source: ukscblog.com
‘This article considers some of the particular aspects in the recent Supreme Court decision of Enka Insaat Ve Sanayi v OOO Insurance Company Chubb & Others [2020] UKSC 38. In particular it looks at the significance of the distinction between implication of agreement through application of ordinary contractual principles and imputation of terms by the application of conflict of law provisions contained in the Rome I Regulation or as established by the common law.’
Six Pump Court, 20th October 2020
Source: www.6pumpcourt.co.uk
‘The Supreme Court unanimously dismissed this appeal addressing whether proof of an offence contrary to Regulation 30(1)(g) of the Welfare of Animals at the Time of Killing (England) Regulations 2015, brought against a business operator as defined in Regulation (EC) No. 1099/2009 on the protection of animals at the time of killing, requires proof of mens rea and/or some culpable act or omission on the part of the business operator.’
UKSC Blog, 16th October 2020
Source: ukscblog.com
‘The Supreme Court has unanimously dismissed an appeal over the lawfulness and proportionality of a housing charity’s policy of allocating social housing primarily to members of the Orthodox Jewish community in Hackney and in particular the Haredi community.’
Local Government Lawyer, 16th October 2020
Source: www.localgovernmentlawyer.co.uk
‘The Supreme Court unanimously dismissed this appeal about the application of anti-discrimination law to charities, where they are established to provide benefits (in this case, social housing) for particular groups which are the subject of their charitable objectives. The relevant anti-discrimination laws are contained in the Equality Act 2010 and Council Directive 2000/43/EC of 29 June 2000 (the “Race Directive”).’
UKSC Blog, 16th October 2020
Source: ukscblog.com
‘It helped thousands of students across the country to have “discriminatory” computer-calculated exam grades scrapped this summer. It enabled health workers on the Covid frontlines to challenge the government over personal protective equipment shortages. It helped Gurkha veterans, who have been part of the British Army for centuries, challenge a policy which denied them settlement in the UK. And it kept a “dangerous” rapist behind bars.’
Each Other, 16th October 2020
Source: eachother.org.uk
‘The global outpouring of grief upon the death of Justice Ruth Bader Ginsburg in September showed how complete her transfer from justice of the Supreme Court to international icon was. Notorious enough to just be known by her initials, RBG was a judge celebrated in popular culture like no other. Hollywood A-lister Felicity Jones portrayed her in the Hollywood biopic, On the Basis of Sex, the antihero Deadpool considered drafting her for the X-Force, a team of superhero mutants, in Deadpool 2, and even Lego got in on the act, creating a mini-figure of her after the release of The Lego Movie 2.’
UK Constitutional Law Association, 14th October 2020
Source: ukconstitutionallaw.org
‘A woman seeking housing in east London who alleged racial discrimination when a housing charity reserved its properties for Orthodox Jewish people has lost her case at the supreme court.’
The Guardian, 16th October 2020
Source: www.theguardian.com
‘The Ministry of Justice (MoJ) is to allow the Court of Appeal as well as the Supreme Court to depart from European Union case law from next year, despite the opposition of a majority of respondents to a consultation.’
Litigation Futures, 19th October 2020
Source: www.litigationfutures.com
‘The central issue on this appeal is how the governing law of an arbitration agreement is to be determined when the law applicable to the contract containing it differs from the law of the “seat” of the arbitration, the place chosen for the arbitration in the arbitration agreement.’
UKSC Blog, 9th October 2020
Source: ukscblog.com
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