Vicarious liability – what does the latest Supreme Court decision mean for employers? – Mills & Reeve

Posted July 25th, 2023 in negligence, news, rape, Supreme Court, vicarious liability by sally

‘The recent case of Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB confirmed the boundaries set by the Supreme Court, providing further clarity on the circumstances where an employer may be held vicariously liable.’

Full Story

Mills & Reeve, 24th July 2023

Source: www.mills-reeve.com

R (on the application of Maguire) v HM Senior Coroner for Blackpool & Fylde and another – Inquests and Inquiries Law Blog

‘In this post, Alex Carington considers the Supreme Court’s decision in an appeal by the family of the Deceased who sought to challenge the Coroner’s decision that Art. 2 of the Human Rights Act 1998 did not require an expanded conclusion having heard all of the evidence at the inquest such that the jury were requested to return a short form conclusion only. The appeal also raised issues about the boundary of the systems duty and operational duty (and the content of both) as well as the boundary between the enhanced procedural obligation on one hand and basic procedural obligation together with the redress procedural obligation on the other.’

Full Story

Inquests and Inquiries Law Blog, 18th July 2023

Source: inquestsandinquirieslawblog.com

UK Supreme Court limits application of the public sector equality duty overseas – EIN Blog

Posted July 19th, 2023 in appeals, asylum, equality, limitations, news, refugees, Supreme Court by tracey

‘The UK Supreme Court unanimously decided that the public sector equality duty in the Equality Act 2010 does not apply directly to persons outside of the UK. However, the equalities objectives may remain indirectly relevant to decision-makers.’

Full Story

EIN Blog, 18th July 2023

Source: www.ein.org.uk

Former Uber driver wins payout of £20,000 owed for more than seven years – The Guardian

‘A former Uber driver has won a payout of more than £20,000 owed to him for more than seven years after a tribunal ruled the gig economy firm failed to respect minimum wage and holiday entitlement laws.’

Full Story

The Guardian, 12th July 2023

Source: www.theguardian.com

New Judgment: Philipp (Respondent) v Barclays Bank UK PLC (Appellant) [2023] UKSC 25 – UKSC Blog

Posted July 14th, 2023 in appeals, banking, fraud, news, Supreme Court by sally

‘In 2018 Mrs Fiona Philipp and her husband, Dr Robin Philipp, fell victim to a fraud. They were deceived by criminals into instructing Barclays Bank (the Bank) to transfer £700,000 in two payments from Mrs Philipp’s current account with the Bank to bank accounts in the United Arab Emirates. The instructions were carried out and the money was lost.’

Full Story

UKSC Blog, 12th July 2023

Source: ukscblog.com

New Judgment: McCulloch and others (Appellants) v Forth Valley Health Board (Respondent) (Scotland) – UKSC Blog

Posted July 13th, 2023 in causation, medical treatment, medicines, negligence, news, Scotland, Supreme Court by sally

‘This case is concerned with the extent to which a doctor is required, under the duty of care owed to a patient, to inform the patient about alternative possible treatments to the one that is being recommended.’

Full Story

UKSC Blog, 12th July 2023

Source: ukscblog.com

Case Note on the Supreme Court case of R (Maguire) v The Coroner for Blackpool & Fylde [2023] UKSC 20 – 2 Hare Court

‘The long running case of Maguire has finally been concluded in a Supreme Court judgment handed down last week. The bottom line is and remains that the threshold for Article 2 remains high in cases involving health and social care. The case is particularly helpful for its detailed and comprehensive analysis of the authorities and the relevant legal principles in relation to the application of Article 2 and is a must read for those practising in the coronial area.’

Full Story

2 Hare Court, 30th June 2023

Source: www.2harecourt.com

New Judgment: R (on the application of Officer W80) v Director General of the Independent Office for Police Conduct and others [2023] UKSC 24 – UKSC Blog

‘W80, an armed police officer, shot Jermaine Baker dead in a police operation. Mr Baker was implicated in a plot to snatch two individuals from custody. The police had intelligence that the plotters would be in possession of firearms. W80’s account was that during the intervention, Mr Baker’s hands moved quickly up to a shoulder bag on his chest. Fearing for his life and those of his colleagues, W80 fired one shot. No firearm was found in the bag, but an imitation firearm was in the rear of the car.’

Full Story

UKSC Blog, 5th July 2023

Source: ukscblog.com

Supreme Court backs civil law test for police disciplinary proceedings – Law Society’s Gazette

‘The Supreme Court has ruled that the civil law test should be applied in police disciplinary proceedings and that public confidence is better served in doing so.’

Full Story

Law Society's Gazette, 5th July 2023

Source: www.lawgazette.co.uk

Jermaine Baker shooting: officer may face misconduct case after court ruling – The Guardian

Posted July 6th, 2023 in firearms, London, misfeasance in public office, news, police, Supreme Court by sally

‘A police officer who shot a man dead in 2015 could face professional misconduct proceedings after supreme court judges dismissed an appeal, in a landmark ruling that provides significant clarity over holding officers who use force to account.’

Full Story

The Guardian, 5th July 2023

Source: www.theguardian.com

Case Preview: McCulloch and Ors v Forth Valley Health Board – UKSC Blog

‘In this post, Anna Walsh (Partner) and Nicole Ellerby (Associate) in CMS’ defendant medical malpractice team consider the awaited decision from the Supreme Court in the Scottish case of McCulloch and Ors v Forth Valley Health Board [2021] CSIH 21.’

Full Story

UKSC Blog, 3rd July 2023

Source: ukscblog.com

New Judgment: R (on the application of Toraane and another) v Secretary of State for the Home Department [2023] UKSC 23 – UKSC Blog

‘The public sector equality duty (“PSED”) imposed by section 149 of the Equality Act 2010 is a procedural obligation that requires public bodies to have due regard to the equality needs listed in that section when exercising their functions. This appeal concerns the territorial scope of the PSED. It raises the issue of whether a public body is required under the PSED to have due regard to people living outside the United Kingdom when exercising its functions.’

Full Story

UKSC Blog, 28th June 2023

Source: ukscblog.com

Supreme Court rules in ‘death ends everything’ divorce case – Law Society’s Gazette

Posted June 30th, 2023 in appeals, bereavement, divorce, families, financial provision, news, Supreme Court by tracey

‘The Supreme Court has unanimously dismissed a wife’s appeal for financial relief against her husband’s estate after he died before the final determination of her application.’

Full Story

Law Society's Gazette, 30th June 2023

Source: www.lawgazette.co.uk

Braverman plan to send asylum seekers to Rwanda unlawful, appeal court rules – The Guardian

‘Court of appeal judges have ruled that it is unlawful to send asylum seekers to Rwanda to have their claims processed, in a judgment that delivers a potential hammer blow to government policy.’

Full Story

The Guardian, 29th June 2023

Source: www.theguardian.com

The Supreme Court Provides Authoritative Guidance on the Application of Article 2 to Coronial Investigations and Inquests – UK Human Rights Blog

‘The advent of the Human Rights Act 1998, and the incorporation into domestic law of the Article 2 right to life, has transformed coronial investigations and inquests over the last two decades. Lord Bingham’s magisterial creation of the “enhanced” investigation and conclusion in R (Middleton) v West Somerset Coroner [2004] UKHL 10, [2004] 2 AC 182 (later adopted by Parliament) gave coroners greater responsibility to hold the state to account for deaths. That, in turn, has significantly improved the ways in which all inquests are conducted, not just those where Article 2 is found to be engaged. Inquests are no longer haphazard affairs. They are (ordinarily) carefully planned and structured processes; and their participants, the “interested persons”, are far more involved in assisting coroners with the task of identifying the proper scope of their investigations and the lawful ambit of their conclusions.’

Full Story

UK Human Rights Blog, 28th June 2023

Source: ukhumanrightsblog.com

New Judgment: Commissioners for His Majesty’s Revenue and Customs v SSE Generation Ltd [2023] UKSC 17 – UKSC Blog

Posted June 27th, 2023 in corporation tax, energy, news, statutory interpretation, Supreme Court, water by sally

‘In this post, Jack Prytherch, Of Counsel in the Tax Disputes & Investigations team at CMS, comments on the Supreme Court’s decision in HMRC v SSE Generation Ltd [2023] UKSC 17, which was handed down on 17 May 2023. The issue before the Supreme Court was the extent to which SSE Generation Ltd (“SSE”) was entitled to claim capital allowances on expenditure incurred when constructing the hydro-electric power station at Glendoe, Fort Augustus in Scotland (the “Glendoe Scheme”). The CMS Tax Disputes & Investigations team was pleased to have advised SSE on this case. Counsel for SSE were Jonathan Peacock KC and Michael Ripley.’

Full Story

UKSC Blog, 27th June 2023

Source: ukscblog.com

Supreme Court to hear appeal of ruling that council must pay Japanese knotweed damages – Local Government Lawyer

Posted June 26th, 2023 in appeals, damages, housing, local government, news, nuisance, Supreme Court by tracey

‘The Supreme Court has granted permission to appeal the decision in Davies v Bridgend County Borough Council [2023] EWCA Civ 80, which overturned lower court rulings that found diminution in value in Japanese knotweed cases was irrecoverable economic loss and ordered the council to pay damages to a property owner.’

Full Story

Local Government Lawyer, 23rd June 2023

Source: www.localgovernmentlawyer.co.uk

R (on the application of Wang and another) v Secretary of State for the Home Department [2023] UKSC 21 – EIN Blog

‘This appeal relates to the interpretation of the Immigration Rules, in particular the Tier 1 (Investor) Migrant regime (as in force in December 2017 – it has since been closed). This regime was designed to grant leave to remain to high-net-worth individuals making a substantial financial contribution to the UK. To qualify individuals were required to have £1 million (of either their own money or money borrowed from a UK-regulated financial institution) under their control in the UK. They must also have invested at least £750,000 of such sum in the UK through UK Government bonds or in shares in or loans to active and trading UK-registered companies (subject to certain further restrictions and exclusions).’

Full Story

EIN Blog, 21st June 2023

Source: www.ein.org.uk

New Judgment: JTI POLSKA Sp. Z o.o. and others v Jakubowski and others [2023] UKSC 19 – UKSC Blog

‘The appellants are road hauliers based in Poland. The respondents are part of a group of companies that buy and sell tobacco products internationally. The respondents contracted the appellants to transport a consignment of cigarettes from Poland to England. The road carriage was undertaken subject to the Convention on the Contract for the International Carriage of Goods by Road 1956 (the “CMR”), an international treaty which widely governs international transport by road and has the force of law in the UK under domestic legislation. Under a European excise duty suspension arrangement, excise duty on the cigarettes was suspended until such time as the consignment was released for commercial consumption, or was deemed to have been released for commercial consumption, as in the case of non-delivery or partial delivery due to theft.’

Full Story

UKSC Blog, 14th June 2023

Source: ukscblog.com

Supreme Court to hear case on environmental impact assessments and downstream greenhouse gas emissions next week – Local Government Lawyer

‘The Supreme Court will next week (21-22 June) hear a case brought against Surrey County Council over whether the local authority acted unlawfully by not requiring an impact assessment of a proposed oil well’s impact on downstream greenhouse gas (GHG) emissions before granting planning permission.’

Full Story

Local Government Lawyer, 13th June 2023

Source: www.localgovernmentlawyer.co.uk