Fairness Trumps All: Supreme Court Reverses the Decision of the Court of Appeal in TUI UK Ltd v Griffiths – Ropewalk Chambers

‘The Supreme Court has handed down its highly anticipated decision in TUI UK Ltd v Griffiths [2023] UKSC 48. The Supreme Court unanimously allowed the appeal of the Claimant, reversing the decision of the Court of Appeal.’

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Ropewalk Chambers, 30th November 2023

Source: ropewalk.co.uk

A newcomer to the world of injunctions – UK Human Rights Blog

Posted December 20th, 2023 in appeals, human rights, injunctions, local government, news, Supreme Court, travellers by sally

‘The appeal in Wolverhampton City Council and others v London Gypsies and Travellers and others [2023] UKSC 47 concerned injunctions obtained by over 38 different local authorities between 2015 and 2020 to prevent unauthorised encampments by Gypsies and Travellers. These “newcomer injunctions” as they are known, are a wholly new form of injunction, granted without prior notice, against persons unidentified at time of the grant of the injunction and who have not yet performed, or even threatened to perform the acts which the injunction prohibits. They therefore apply “to potentially anyone in the world”.’

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UK Human Rights Blog, 19th December 2023

Source: ukhumanrightsblog.com

Canada Square Operations Ltd v Potter [2023] UKSC 41 – New Square Chambers

‘In 2006 Mrs Potter entered into a credit agreement (under the Consumer Credit Act 1974) with Canada Square. She borrowed c.£21K, being a loan of £17K and a PPI premium of £4K (arranged for her by Canada Square). c.£200 was paid to the insurer, with 95% of the premium going to Canada Square, who did not tell Mrs Potter about the commission.’

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New Square Chambers, 16th November 2023

Source: www.newsquarechambers.co.uk

Case Preview: Argentum Exploration Ltd v Republic of South Africa – UKSC Blog

Posted December 20th, 2023 in appeals, news, shipping law, Supreme Court by sally

‘In this post, David McKie, Partner, and Dany Bitar, Associate in the litigation team at CMS, preview the decision awaited from the Supreme Court in Argentum Exploration Ltd (Respondent) v Republic of South Africa (Appellant).’

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UKSC Blog, 19th December 2023

Source: ukscblog.com

Deliberating about deliberate concealment and recklessness – Hailsham Chambers

Posted December 20th, 2023 in appeals, chambers articles, disclosure, limitations, news, Supreme Court, time limits by sally

‘The Supreme Court’s decision in Canada Square Operations Ltd v Potter [2023] UKSC 41 is a major landmark, which should be welcomed for its restoration of reasonable simplicity to what had become an unduly complex subject. In doing so, it has established that in a limitation context, “deliberate” means “deliberate” and does not mean “reckless”.’

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Hailsham Chambers, 16th November 2023

Source: www.hailshamchambers.com

Legal action planned over UK’s ‘cruel’ income threshold visa rules – The Guardian

‘Multinational families threatened with division or exile by tough new income thresholds for living together in the UK are planning legal action to overturn the “cruel and inhumane” policy.’

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The Guardian, 17th December 2023

Source: www.theguardian.com

Government offers hope of full PACCAR solution in the future – Legal Futures

‘The government has acknowledged concerns that its legislative proposal to address the Supreme Court’s PACCAR ruling does not go far enough – but further change is not imminent.’

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Legal Futures, 15th December 2023

Source: www.legalfutures.co.uk

Case preview: George v Cannell and Anor – UKSC Blog

Posted December 13th, 2023 in appeals, damages, defamation, malicious falsehood, news, Supreme Court by sally

‘This case is concerned with what a respondent needs to demonstrate to take advantage of the Defamation Act 1952 (the “1952 Act”), s 3(1), in a claim for malicious falsehood and avoid the need to prove special damage.’

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UKSC Blog, 11th December 2023

Source: ukscblog.com

Legal Implications of Doubling the Family Visa Income Requirement – EIN Blog

‘As many readers will be aware, part of the Home Secretary’s recently announced “five-point plan” on immigration included a significant increase to the minimum income threshold for family visas under Appendix FM of the Immigration Rules.’

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EIN Blog, 12th December 2023

Source: www.ein.org.uk

UK Supreme Court ruling clarifies fair treatment of expert evidence at trial – OUT-LAW.com

Posted December 7th, 2023 in contracts, evidence, expert witnesses, holidays, news, Supreme Court by michael

‘A decision by the UK Supreme Court has made it clear that the principle of fairness in relation to expert evidence means a party should not entirely reserve its criticisms of an expert’s evidence for closing submissions.’

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OUT-LAW.com, 6th December 2023

Source: www.pinsentmasons.com

Can the new Rwanda bill work and what could stop it? – BBC News

Posted December 7th, 2023 in asylum, bills, human rights, immigration, international law, news, Rwanda, Supreme Court, treaties by michael

‘Expert lawyers who have been involved in the Rwanda case – or supported the challenge to the policy – have described new legislation as potentially setting up a politically explosive fight with both the Supreme Court and European Court of Human Rights.’

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BBC News, 6th December 2023

Source: www.bbc.co.uk

Sunak’s bill aims to block UK human rights law to save Rwanda scheme – The Guardian

Posted December 7th, 2023 in asylum, bills, human rights, immigration, international law, news, Rwanda, Supreme Court, treaties by michael

‘An emergency bill published on Wednesday will assert that ministers have the power to ignore judgments that come from Strasbourg while stopping short of leaving or “disapplying” the European convention on human rights.’

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The Guardian, 6th October 2023

Source: www.theguardian.com

Case Preview: Secretary of State for Business and Trade v Mercer – UKSC Blog

‘Under the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”), s. 146, workers are protected against detriments falling short of dismissal related to taking part in the activities of an independent trade union at an appropriate time. The scope of “trade union activities” in that provision has been interpreted as not including industrial action.’

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UKSC Blog, 5th December 2023

Source: ukscblog.com

Supreme Court puts conditions on injunctions against travellers – OUT-LAW.com

Posted December 4th, 2023 in appeals, disclosure, injunctions, local government, news, Supreme Court, travellers by tracey

‘Local authorities in England seeking court injunctions to prohibit unauthorised encampments on land they own must disclose to the courts any arguments gypsies and travellers might raise in opposition to their applications, the UK Supreme Court has ruled.’

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OUT-LAW.com, 4th December 2023

Source: www.pinsentmasons.com

Lord Sales, Exploring the Interface Between the Common Law of Tort and Statute Law – Supreme Court

Posted December 4th, 2023 in duty of care, judges, news, personal injuries, Supreme Court by tracey

‘Annual Richard Davies Lecture for the Personal Injuries Bar Association, 29 November 2023.’

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Supreme Court, 29th November 2023

Source: www.supremecourt.uk

Lord Reed, Oral Hearings in the United Kingdom Courts: Past, Present and Future – Supreme Court

Posted December 4th, 2023 in judges, news, oral hearings, Supreme Court by tracey

‘The Rt Hon The Lord Reed of Allermuir, President of the Supreme Court of the United Kingdom – Oral Hearings in the United Kingdom Courts: Past, Present and Future
Legal Training and Research Institute of Japan, 29 November 2023’

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Supreme Court, 29th November 2023

Source: www.supremecourt.uk

Homelessness – Local Government Law

Posted November 29th, 2023 in appeals, homelessness, housing, local government, news, statutory duty, Supreme Court by sally

‘The central issue before the Supreme Court is R (Imam) v London Borough of Croydon (2023) UKSC 45, in which Judgment was given on 28 November 2023, was whether, and, if so, in what way, a local authority’s lack of financial or other resources should be taken into consideration when a Court is deciding whether to grant a Mandatory Order against the authority in order to enforce its undoubted statutory duty (paragraph 37) towards a homeless individual under Section 193(2) of the Housing Act 1996.’

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Local Government Law, 29th November 2023

Source: local-government-law.11kbw.com

Erosion of state immunity in spotlight as £37m salvage case reaches Supreme Court – Law Society’s Gazette

Posted November 28th, 2023 in foreign jurisdictions, news, ships, state immunity, Supreme Court by tracey

‘A Supreme Court case brought over silver salvaged from a wartime ship sinking could have consequences for the UK’s position as a global commercial hub, a specialist lawyer has warned. In Argentum v Republic of South Africa, five Supreme Court judges will consider the case for overturning a 2022 Court of Appeal judgment which critics say erodes the principle of state immunity from interference from foreign courts.’

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Law Society's Gazette, 27th November 2023

Source: www.lawgazette.co.uk

Blow to gig economy workers after UK supreme court rules against collective bargaining rights – The Guardian

‘Deliveroo riders do not have the right to collective negotiations on pay and conditions, the UK’s top court has ruled, in a blow to gig economy campaigners and the unions that represent them.’

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The Guardian, 21st November 2023

Source: www.theguardian.com

The Supreme Court’s Rwanda Judgment: What Now for the Government? – Oxford Human Rights Hub

‘All eyes were on the Supreme Court last Wednesday when it handed down its ruling on the lawfulness of the government’s much-criticised Rwanda scheme. The judgment featured a number of important issues (including issues relating to retained EU law) but the key question for the Court was simple: would sending individuals making asylum claims in the UK to Rwanda – to make asylum claims there instead – subject them to a real risk of ill-treatment? The Supreme Court’s answer was that it would. The government’s policy was therefore unlawful.’

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Oxford Human Rights Hub, 22nd November 2023

Source: ohrh.law.ox.ac.uk