Supreme Court – Page 49 – Current Awareness

Should it be easier to get a divorce in England and Wales? – BBC News

Posted May 17th, 2018 in appeals, divorce, news, Supreme Court by tracey

‘Tini Owens desperately wants to divorce her husband. She says she’s been unhappy for many years and she feels locked in a loveless marriage. For her, after four decades together and with their children now grown up, it’s time to formally end the relationship. But her husband, Hugh Owens, does not feel the same way. He says they still have a few years to enjoy together. He’s fighting hard to stop her getting her way and has been successful so far. Their divorce battle goes to the highest court in the UK on Thursday.’

BBC News, 17th May 2018

Source: www.bbc.co.uk

Supreme Court to hear case on community benefit fund as material consideration – Local Government Lawyer

Posted May 16th, 2018 in local government, news, planning, Supreme Court by sally

‘The Supreme Court has agreed to hear an appeal over whether a local planning authority was entitled to take into account as a material consideration the offer of a community benefit fund donation, it has been reported.’

Local Government Lawyer, 14th May 2018

Source: www.localgovernmentlawyer.co.uk

Jacob Eisler: Robinson v. Chief Constable of West Yorkshire Police, 2018 UKSC 4 – UK Constitutional Law Association

Posted May 15th, 2018 in appeals, duty of care, news, police, Supreme Court by sally

‘When, in the performance of their roles, do public authorities owe a private law duty of care to those harmed by their actions, and thus face common law tort liability if they discharge their state functions carelessly? The latest case on duties for public authorities, Robinson v. Chief Constable of West Yorkshire, indicates that the private duties owed in tort by public entities are the same as any other party under the common law. Robinson involved a positive act by police which harmed an innocent bystander; the UKSC was unanimous that the police owed a private duty of care to the victim. The leading opinion by Lord Reed was unequivocal that public authorities face the same test for common law duty of care as any other entity, rather than enduring higher, enjoying more lenient, standards. While Lord Reed’s analysis offers a compelling synthesis of legal precedent, the alternative approach advanced by Lord Hughes and Lord Mance raises questions regarding the durability of Lord Reed’s reasoning.’

UK Constitutional Law Association, 14th May 2018

Source: ukconstitutionallaw.org

Miscarriage of justice victims are cast aside in the UK. The details are shocking – The Guardian

Posted May 10th, 2018 in appeals, compensation, miscarriage of justice, news, Supreme Court, victims by sally

‘The wrongly convicted are abandoned by the state. This week, the supreme court has a chance to change that.’

The Guardian, 9th May 2018

Source: www.theguardian.com

A terrible muddle: the issue of no-fault divorce – Family Law

Posted May 4th, 2018 in divorce, news, Supreme Court by tracey

‘On 17 May this year, the Supreme Court will hear the case of Owens v Owens. Never before has it had to consider what is meant by s 1(2)(b) of the Matrimonial Causes Act 1973 (MCA 1973) “that the Respondent has behaved in such a way that the Petition cannot reasonably be expected to live with the Respondent”, or (for short), “unreasonable behaviour”.’

Family Law, 3rd May 2018

Source: www.familylaw.co.uk

Cohabitees’ inheritance rights – courts will decide each case on its facts – Family Law

Posted May 4th, 2018 in cohabitation, intestacy, news, Supreme Court by tracey

‘Private Client analysis: In Thompson v Ragget and others [2018] EWHC 688 (Ch), [2018] All ER (D) 18 (Apr), the claimant claimed reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 out of the estate of her late partner, who had left her nothing. Paul King, CEO and head of legal practice, and Jen Wiss-Carline, chartered legal executive at April King Legal, comment on the case.’

Family Law, 3rd May 2018

Source: www.familylaw.co.uk

Supreme Court to hear NI woman’s widow benefit case – BBC News

Posted April 25th, 2018 in benefits, news, Northern Ireland, Supreme Court, widows by sally

‘An unmarried mother from Northern Ireland who is fighting for access to a widowed parent’s allowance is to have her case heard by the Supreme Court.’

BBC News, 25th April 2018

Source: www.bbc.co.uk

Supreme Court limits ‘negotiating damages’ for restrictive covenant breaches – OUT-LAW.com

Posted April 23rd, 2018 in damages, economic loss, news, restrictive covenants, Supreme Court by tracey

‘Damages awarded to the owners of a care business for the breach by their former business partners of a non-compete clause and other restrictive covenants should be calculated based on their actual financial loss, rather than hypothetical “negotiating damages”, the UK’s highest court has ruled.’

OUT-LAW.com, 20th April 2018

Source: www.out-law.com

Case Comment: R (Gibson) v Secretary of State for Justice [2018] UKSC 2 – Supreme Court Blog

Posted April 23rd, 2018 in confiscation, enforcement, news, statutory interpretation, Supreme Court by tracey

‘On one view this is perhaps the most esoteric of the 28 appeals regarding the confiscation or civil recovery legislation which have been determined by the House of Lords, Privy Council or Supreme Court over the past 24 years.’

Supreme Court Blog, 20th April 2018

Source: ukscblog.com

Legal challenge to devolved Brexit bills – BBC News

Posted April 17th, 2018 in bills, constitutional reform, devolution issues, news, Supreme Court, treaties by tracey

‘The UK government has launched a legal challenge to the Scottish and Welsh governments’ Brexit bills. The two devolved parliaments passed legislation last month that is intended to act as an alternative to Westminster’s EU Withdrawal Bill. But the UK government has asked the Supreme Court to rule whether the legislation is constitutional and within devolved powers.’

BBC News, 17th April 2018

Source: www.bbc.co.uk

Case Comment: JSC BTA Bank v Khrapunov [2018] UKSC 19 – UK Supreme Court Blog

Posted April 16th, 2018 in freezing injunctions, jurisdiction, news, Supreme Court, unlawful means conspiracy by tracey

‘Jessica Joel, trainee solicitor at CMS, considers the case of JSC BTA Bank v Khrapunov.;

UK Supreme Court Blog, 13th April 2018

Source: ukscblog.com

Case Preview: James-Bowen & Ors v Commissioner of the Police for the Metropolis – UK Supreme Court Blog

Posted April 9th, 2018 in duty of care, economic loss, misfeasance in public office, news, police, Supreme Court, vicarious liability by tracey

‘Does a person who is sued in civil litigation for the alleged misconduct of her employees (or others for whom she is vicariously liable) owe a duty of care to avoid causing those employees or “quasi-employees” financial loss arising from the conduct of the person’s defence?.’

UK Supreme Court Blog, 3rd April 2018

Source: ukscblog.com

Sensitisation to allergy is physical injury – Supreme Court – UK Human Rights Blog

Posted March 27th, 2018 in appeals, health, health & safety, industrial injuries, negligence, news, personal injuries, Supreme Court by tracey

‘Dryden and Others v Johnson Matthey [2018] UKSC 18. We are all made of stuff, and that stuff is not inert because it’s organic matter. Changes at the molecular level happen all the time, through cell death and replenishment, growth and the constant attrition caused by cosmic radiation on our DNA. Other changes are wrought by the environment or other organisms. Some changes are beneficial, even life saving, such as the removal of an appendix or the insertion of a pacemaker. The production of antibodies by vaccination have eradicated many diseases. Most of the time the body manages this itself. Every time certain cells in the blood encounter a foreign invader, they recruit the immune system to come up with a focussed weapon. This is an antibody, which lies dormant until the threat (the antigen) arises again. Antibodies are good things to have around until they’re provoked by enemies akin to the ones that created them, whereupon the body produces an allergic reaction to get rid of the toxin/allergen.’

UK Human Rights Blog, 23rd March 2018

Source: ukhumanrightsblog.com

Supreme Court: use of corporate vehicles did not avoid limitation exception – OUT-LAW.com

Posted March 23rd, 2018 in company directors, fiduciary duty, insolvency, limitations, news, Supreme Court, third parties, trusts by tracey

‘Company directors were said to be responsible for assets despite their use of corporate vehicles, the Supreme Court has ruled (12-page / 157KB PDF). The ruling means that a six year limitation period stopping liquidators taking legal action against the directors does not apply. This case will impact future misfeasance actions. Director and officer indemnity insurers should take note of this decision as it confirms that the English courts are unwilling to accept the six-year limitation defence for actions against directors following the disposal of company assets in breach of fiduciary duty for economic gain.’

OUT-LAW.com, 23rd March 2018

Source: www.out-law.com

Take the blame out of divorce to help those trapped in ‘loveless’ marriages, says top family judge – Daily Telegraph

Posted March 22nd, 2018 in appeals, divorce, judges, news, speeches, Supreme Court, women by sally

‘No-fault divorce should be introduced to help women who are “trapped in a loveless marriage”, Britain’s top family judge has suggested.’

Daily Telegraph, 22nd March 2018

Source: www.telegraph.co.uk

Supreme Court decision today: salt sensitisation is an actionable injury – Zenith PI

Posted March 21st, 2018 in industrial injuries, news, personal injuries, Supreme Court by tracey

‘In the judgment today in Dryden and others (Appellants) v Johnson Matthey Plc (Respondent) [2018] UKSC 18 the Supreme Court held, unanimously, that exposure to platinum salts that led the claimants to develop platinum salt sensitisation did give rise to a cause of action.’

Zenith PI, 21st March 2018

Source: zenithpi.wordpress.com

Head teacher fails in Supreme Court challenge to dismissal over failure to disclose – Local Government Lawyer

Posted March 16th, 2018 in disclosure, indecent photographs of children, news, Supreme Court, unfair dismissal by tracey

‘The Supreme Court has unanimously dismissed an appeal brought by a head teacher who was sacked after she failed to disclose her friendship with a convicted sex offender to a local authority.’

Local Government Lawyer, 15th March 2018

Source: www.localgovernmentlawyer.co.uk

«
1
…
44
45
46
47
48
49
50
51
52
53
54
…
110
»

Categories

Archives