Supreme Court backs Iceland in refrigeration rates appeal – OUT-LAW.com

Posted March 9th, 2018 in news, rates, Supreme Court, valuation by tracey

‘An air handling system used in connection with frozen foods retailer Iceland’s refrigerated storage is part of a ‘trade process’, and therefore exempt from business rates, the UK’s highest court has ruled.’

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OUT-LAW.com, 8th March 2018

Source: www.out-law.com

Law firm that should have warned property investor clients of “Mafia risk” fails in Supreme Court bid – Legal Futures

‘A law firm with offices in Italy and England has reached the end of the line in challenging a ruling that it was under a duty to warn British and Irish property investors of the risks of investing in a part of Italy associated with organised crime.’

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Legal Futures, 9th March 2018

Source: www.legalfutures.co.uk

Worboys and Ullah: Do UK Courts have to follow Strasbourg to the letter? – UK Human Rights Blog

Posted March 5th, 2018 in appeals, duty of care, human rights, judgments, news, Supreme Court, treaties by tracey

‘Commissioner of Police of the Metropolis v DSD and Anor [2018] UKSC 11. I focus on one point of disagreement between the judges, which is whether a court, before holding that the state owes an investigative duty for the actions of private parties, would require the clearest statement in consistent decisions of the European Court of Human Rights.’

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UK Human Rights Blog, 2nd March 2018

Source: ukhumanrightsblog.com

Supreme Court urges rule committee to clarify status of law firm LLP acting for itself – Litigation Futures

‘The rule committee should look at clarifying whether a law firm LLP which acts for itself in legal proceedings is a litigant in person for the purposes of the CPR, the Supreme Court has said.’

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Litigation Futures, 1st March 2018

Source: www.litigationfutures.com

Borrower’s solicitor not liable for bank’s loss because it should have realised her error – Legal Futures

Posted March 1st, 2018 in appeals, banking, mistake, negligence, news, Scotland, solicitors, Supreme Court by sally

‘A bank that relied on inaccurate information supplied by its borrower’s solicitor should not have won a negligence claim against her, because it failed to carry out its own checks, the Supreme Court has ruled.’

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Legal Futures, 1st March 2018

Source: www.legalfutures.co.uk

Court to hear case of banker kept alive against family’s wishes – The Guardian

Posted February 26th, 2018 in consent, families, hospitals, medical treatment, news, Supreme Court by tracey

‘The case of an investment banker who suffered severe brain damage following a heart attack will be heard by the supreme court on Monday in a test of whether judges need to authorise the withdrawal of life support treatment.’

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The Guardian, 25th February 2018

Source: www.theguardian.com

Supreme Court: No dispensation for LiPs in complying with rules and orders – Litigation Futures

‘A lack of representation may mean that litigants in person (LiPs) are afforded some latitude in case management decisions and in hearings, but it will “not usually justify” applying a lower standard of compliance with rules or court orders, the Supreme Court said today.’

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Litigation Futures, 21st February 2018

Source: www.litigationfutures.com

Supreme Court: no indulgence for litigants in person – Family Law

‘Mr Barton is a seasoned litigator. He first sued, and eventually settled with, lawyers who had dealt with financial relief proceedings for him. The defendants in the later Barton v Wright Hassall LLP [2018] UKSC 12 acted for him in his claim against those original lawyers after Wright Hassall (WH) had come of the court record in a dispute over fees. WH sued him for their fees and obtained a summary judgment. Mr Barton, acting in person (a litigant in person (LiP)) claimed against WH in professional negligence.’

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Family Law, 22nd February 2018

Source: www.familylaw.co.uk

Breaking: Supreme Court rules against treating LiP as a special case – Law Society’s Gazette

‘The Supreme Court today narrowly rejected a plea from a litigant in person for special dispensation in navigating civil procedure rules. Justices ruled by a majority of 3-2 in Barton v Wright Hassall that unrepresented claimant Mark Barton should have checked whether he could email a claim form and that without such permission his claim was invalid.’

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Law Society's Gazette, 21st February 2018

Source: www.lawgazette.co.uk

MPs publish full unredacted report into RBS small business scandal – The Guardian

Posted February 21st, 2018 in banking, financial regulation, news, Supreme Court by tracey

‘The Treasury committee has published the full unredacted report into Royal Bank of Scotland’s “disgraceful” treatment of struggling small businesses that came to it for financial assistance in the wake of the banking crisis.’

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The Guardian, 20th February 2018

Source: www.theguardian.com

John Worboys’ victims win human rights case against police – The Guardian

Posted February 21st, 2018 in compensation, human rights, news, parole, police, rape, Supreme Court, victims by tracey

‘Two victims of John Worboys have won their claim for compensation from the Metropolitan police after the supreme court ruled that the force had failed to carry out an effective investigation into the serial sex attacker.’

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The Guardian, 21st February 2018

Source: www.theguardian.com

Key gig economy case reaches Supreme Court – BBC News

Posted February 20th, 2018 in appeals, employment, news, self-employment, Supreme Court by sally

‘A plumber’s legal battle for working rights will be closely watched by “gig economy” workers when it reaches the Supreme Court on Tuesday.’

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BBC News, 20th February 2018

Source: www.bbc.co.uk

Supreme Court: Environment Agency must compensate fisherman for ‘disproportionate’ fishing restrictions – OUT-LAW.com

‘The Environment Agency (EA) must compensate a fisherman for the “severe and disproportionate” effect of conditions imposed on his fishing license limiting the number of fish he can catch in one year, the UK Supreme Court has ruled.’

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OUT-LAW.com, 16th February 2018

Source: www.out-law.com

Law Pod UK Ep.23: Lawsuits against the police for arrest operations – 1 COR

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

‘The Supreme Court’s ruling on police tactics may have implications for other emergency services, as Isabel McArdle explains to Rosalind English.’

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Law Pod UK, 14th February 2018

Source: audioboom.com

No power to grant immigration bail if no power to detain – UK Human Rights Blog

Posted February 13th, 2018 in appeals, bail, detention, immigration, news, Supreme Court by sally

‘On 8th February 2018, the Supreme Court held that the power to grant bail and impose bail conditions in respect of a person pending deportation ceases to be lawful if there is no legal basis for detaining that person. The power to impose bail conditions is inextricably linked to the power of detention. Once the Home Secretary ceases to have the power to detain a person under immigration law, she can’t then impose conditions on that person’s freedom through bail conditions.’

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UK Human Rights Blog, 13th February 2018

Source: ukhumanrightsblog.com

It’s a fair cop: Supreme Court clarifies scope of duties of care owed by police – UK Human Rights Blog

Posted February 12th, 2018 in appeals, duty of care, negligence, news, personal injuries, police, Supreme Court by tracey

‘Robinson (Appellant) v Chief Constable of the West Yorkshire Police (Respondent) [2018] UKSC 4. The Supreme Court has made a significant decision on the question of the scope of the common law duty of care owed by police when their activities lead to injuries being sustained by members of the public. It has long been the case that a claim cannot be brought in negligence against the police, where the danger is created by someone else, except in certain unusual circumstances such as where there has been an assumption of responsibility.’

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UK Human Rights Blog, 12th February 2018

Source: ukhumanrightsblog.com

Supreme Court backs Chevron over use of new evidence in appeal over HSE prohibition notice – OUT-LAW.com

Posted February 9th, 2018 in evidence, health & safety, news, offshore installations, Scotland, Supreme Court by tracey

‘Tribunals are entitled to take into account additional evidence that was not available to the health and safety inspector when considering an appeal against a prohibition notice, the UK’s highest court has confirmed.’

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OUT-LAW.com, 8th February 2018

Source: www.out-law.com

An assault on Hill? Police liability in negligence positively narrowed – UK Police Law Blog

Posted February 8th, 2018 in appeals, negligence, news, police, Supreme Court by tracey

‘In Robinson v Chief Constable of West Yorkshire Police [2018] UKSC 4, the Supreme Court made significant inroads into the principle that the police cannot be sued in negligence save in exceptional circumstances as a result of alleged failures in their core operational duties. Now, where a third party such as a pedestrian is injured as a result of a negligent arrest on the street by a police officer, the police are liable in negligence where that injury was a reasonably foreseeable consequence of the police’s actions.’

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UK Police Law Blog, 8th February 2018

Source: ukpolicelawblog.com

Getting out of jail interest-free – UK Police Law Blog

Posted February 8th, 2018 in appeals, confiscation, enforcement, news, sentencing, Supreme Court by tracey

‘When a person convicted in the Crown Court has an additional prison term enforced by the Magistrates for having only part paid of a confiscation order, he is entitled to a reduction in that term proportionate to the money that has been paid. R (Gibson) v Secretary of State for Justice [2018] UKSC 2; [2018] 1 WLR 629 confirmed that the starting point for calculating this reduction is the original sum ordered by the Crown Court, and not the larger sum including interest that had accrued by the date of the Magistrates’ enforcement.’

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UK Police Law Blog, 6th February 2018

Source: ukpolicelawblog.com

Case Comment: R (Haralambous) v Crown Court at St Albans [2018] UKSC 1 – UKSC Blog

Posted February 5th, 2018 in appeals, closed material, disclosure, news, Supreme Court, warrants by sally

‘In its judgment, the Supreme Court confirmed that it is implicit in statutory schemes that ex parte hearings, that is court hearings without notice held in the absence of interested parties, (in this case a Magistrates Court warrant granted under the Police and Criminal Evidence Act (“PACE”), s 8), that the court may rely on information that is not disclosed to any interested party after the event, even if that information is vital to explain how and why the court made its order.’

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UKSC Blog, 2nd February 2018

Source: ukscblog.com