Revisiting reasonable skill and care: have construction professionals lost Bolam protection without even noticing? – Hardwicke Chambers

Posted August 22nd, 2017 in appeals, construction industry, negligence, news, Supreme Court by sally

‘In recent years there has been increasing interest as to whether construction professionals need to produce an end design that is fit for purpose or simply to show that they exercised reasonable skill and care. The Court of Appeal’s decision to overturn the first instance judgment in MT Hojgaard v Eon (and the first instance decision of Coulson J in MW High Tech v Haase), dampened the excitement somewhat by emphasising the orthodox position that, absent something really quite categorical in the terms, it is the standard of reasonable skill and care that applies.’

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Hardwicke Chambers, 31st July 2017

Source: www.hardwicke.co.uk

The Supreme Court, ET fees and access to justice: Stopping the government in its tracks – Cloisters

Posted August 22nd, 2017 in appeals, employment tribunals, equality, fees, news, regulations, Supreme Court by sally

‘Caspar Glyn QC, Schona Jolly QC and Sian McKinley consider the implications of today’s seismic decision from the Supreme Court which ruled that ET fees are unlawful: R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51.’

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Cloisters, 26th July 2017

Source: www.cloisters.com

The most famous case on the rule of law for a generation? Employment tribunal fees declared unlawful – Hardwicke Chambers

‘The Supreme Court have, this morning, handed down Judgment in the case of R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51, more commonly known as ‘the appeal against Employment Tribunal fees’.’

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Hardwicke Chambers, 26th July 2017

Source: www.hardwicke.co.uk

Heterosexual couple take civil partnership case to Supreme Court – BBC News

Posted August 22nd, 2017 in appeals, civil partnerships, equality, news, Supreme Court by sally

‘A heterosexual couple who want to enter a civil partnership instead of getting married have been granted the right to take their case to the Supreme Court.’

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BBC News, 22nd August 2017

Source: www.bbc.co.uk

Woman refused divorce will tell Supreme Court she should not have to prove ‘unreasonable’ behaviour – Daily Telegraph

Posted August 15th, 2017 in appeals, divorce, news, Supreme Court by sally

‘A woman refused a divorce from her millionaire husband will argue that she should not have to prove “unreasonable” behaviour as she takes her fight to the Supreme Court.’

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Daily Telegraph, 14th August 2017

Source: www.telegraph.co.uk

Best Interests and Transfers of Proceedings under Article 15 Brussels II Revised in a Public Law Context – Where are we now? – Family Law Week

Posted August 10th, 2017 in children, custody, EC law, news, Supreme Court, transfer of proceedings, treaties by tracey

‘Maria Wright, PhD Student at the University of Bristol, addresses how courts must now approach Article 15 transfers of public law proceedings in the light of CJEU and Supreme Court judgments.’

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Family Law Week, 9th August 2017

Source: www.familylawweek.co.uk

Woman seeking divorce over ‘loveless marriage’ takes her case to the Supreme Court – The Independent

Posted August 10th, 2017 in appeals, divorce, news, Supreme Court by tracey

‘A woman who was refused permission to divorce her husband is to take her case to the Supreme Court. Tini Owens, 66, has so far failed to persuade judges in the High Court and Court of Appeal to allow her to divorce Hugh Owens, 78, by claiming their 39-year marriage had broken down following an affair she had several years ago.’

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The Independent, 9th August 2017

Source: www.independent.co.uk

Supreme Court clarifies test for imposing conditions on grant of permission to appeal – OUT-LAW.com

Posted August 7th, 2017 in appeals, company law, news, shareholders, Supreme Court, third parties by sally

‘A recent decision by the Supreme Court has clarified the circumstances in which the court will be able to impose a financial requirement as a condition of the grant of permission to appeal, an expert has said.’

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OUT-LAW.com, 4th August 2017

Source: www.out-law.com

Government threatened with new court action for ‘failing to act’ on harsh impact of immigration rules on children – The Independent

‘Campaigners have threatened a fresh court challenge after accusing the Government of failing to act on the Supreme Court’s ruling that harsh immigration rules unfairly punish children.’

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The Independent, 31st July 2017

Source: www.independent.co.uk

The price of Justice – UK Human Rights Blog

Posted July 28th, 2017 in constitutional law, employment tribunals, fees, news, Supreme Court by tracey

‘In R(on the application of UNISON) v Lord Chancellor [2017] UKSC 51, the Supreme Court gave an important judgment regarding the importance of access of justice. The Supreme Court held that the fees imposed by the Lord Chancellor in employment tribunal and employment appeal tribunal cases were unlawful.’

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UK Human Rights Blog, 27th July 2017

Source: ukhumanrightsblog.com

Unison v Lord Chancellor: the things that landmark constitutional cases are made of – UCL Constitution Unit

Posted July 28th, 2017 in constitutional law, employment tribunals, fees, news, Supreme Court by tracey

‘On Wednesday the UK Supreme Court ruled court fees for claims before employment tribunals, introduced by the coalition government in 2013, to be illegal. Christina Lienen argues that this judgement is likely to join the ranks of landmark constitutional decisions, given its characterisation of the UK constitution as founded in common law and therefore in the hands of judges rather than politicians.’

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UCL Constitution Unit, 28th July 2017

Source: constitution-unit.com

Supreme Court rules employment tribunal fees are unlawful – The Independent

Posted July 26th, 2017 in employment tribunals, fees, news, Supreme Court by sally

‘The Supreme Court has ruled that workplace tribunal fees are unlawful, forcing the Government to repay more than £27m paid by employees for cases around unfair dismal, discrimination and other workplace issues since July 2013.’

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The Independent, 26th July 2017

Source: www.independent.co.uk

Council victorious in appeal over sex shop licensing fees – OUT-LAW.com

‘Westminster City Council can recover “reasonable” licensing fees and enforcement costs charged to various sex shops in Soho, London, even though these fees were later found to be in breach of an EU directive, the UK’s highest court has ruled.’

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OUT-LAW.com, 21st July 2017

Source: www.out-law.com

Celebrate Lady Hale – then make the senior judiciary more diverse – The Guardian

Posted July 24th, 2017 in diversity, judges, judiciary, news, Supreme Court, women by sally

‘Brenda Hale’s appointment as president of the UK supreme court is a landmark. But the highest echelons of the legal profession still need change.’

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The Guardian, 23rd July 2017

Source: www.theguardian.com

Lady Hale appointed next President of Supreme Court, alongside three new Justices – Supreme Court

Posted July 21st, 2017 in diversity, judiciary, news, press releases, Supreme Court by tracey

‘Baroness Hale of Richmond will succeed Lord Neuberger of Abbotsbury as President of the UK Supreme Court, it was announced today, alongside three additional appointments to the UK’s top appeal court.’

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Supreme Court, 21st July 2017

Source: www.supremecourt.uk

Oxford child sex abuse suspect loses five-year battle for anonymity – The Guardian

Posted July 20th, 2017 in anonymity, appeals, child abuse, news, privacy, sexual offences, Supreme Court by tracey

‘A man suspected of child sex abuse who was arrested but faced no charge can be named after losing a long legal battle to keep his identity secret.’

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The Guardian, 19th July 2017

Source: www.theguardian.com

EU Law provides Pension Equality – UK Human Rights Blog

‘EU Equality law had its moment in the sun in the week after London Pride with the UK Supreme Court Judgment in the case of Walker v Innospec.’

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UK Human Rights Blog, 18th July 2017

Source: ukhumanrightsblog.com

The Supreme Court’s Judgment in Eli Lilly v Actavis UK Ltd and Others: how to understand it and why it is important – NIPC Law

Posted July 14th, 2017 in cancer, competition, medicines, news, patents, Supreme Court by tracey

‘Supreme Court (Lords Neuberger, Mance, Clarke, Sumption and Hodge) Eli Lilly v Actavis UK Ltd and others [2017] UKSC 48 (12 July 2017)

What the Appeal was about
The pharmaceutical company Eli Lilly and Co (“Lilly”) has developed a drug called pemetrexed which it markets under the brand name Alimta for the treatment of various types of cancer. Used on its own, pemetrexed has unpleasant side effects that can sometimes be fatal but these can be avoided when it is administered as a compound called pemetrexed disodium in combination with vitamin B12.’

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NIPC Law, 13th July 2017

Source: nipclaw.blogspot.co.uk

Supreme Court to hear gambling ‘cheat’ case – OUT-LAW.com

Posted July 13th, 2017 in appeals, contracts, gambling, news, Supreme Court by tracey

‘The UK Supreme Court is to hear a legal argument in a case that will ultimately determine whether a casino must pay out more than £7.7 million in winnings to a professional gambler it has accused of cheating.’

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OUT-LAW.com, 12th July 2017

Source: www.out-law.com

Supreme Court rules against the Home Secretary on ‘Deport First, Appeal Later’ – No. 5 Chambers

‘The Supreme Court has allowed appeals in R (Kiarie) and R (Byndloss) v Secretary of State for the Home Department [2017] UKSC 42 by persons whom the Home Secretary wished to deport even before they had had a chance to appeal to a tribunal on human rights grounds against the deportation decision. It has concluded that the very system of appealing from abroad in such cases simply does not provide an effective right of appeal.’

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No. 5 Chambers, 14th June 2017

Source: www.no5.com