Brexit: Legal battle over UK’s single market membership – BBC News

Posted November 29th, 2016 in appeals, brexit, EC law, export controls, news, referendums, Supreme Court, treaties by sally

‘The government is facing a legal battle over whether the UK stays inside the single market after it has left the EU, the BBC has learned.’

Full story

BBC News, 28th November 2016

Source: www.bbc.co.uk

UK’s top judge unveils plan to make supreme court more diverse – The Guardian

Posted November 22nd, 2016 in courts, diversity, judges, judiciary, news, Supreme Court by sally

‘The UK’s most senior judge, Lord Neuberger, has announced he will retire next summer and signalled the launch of a judicial appointments process that could – through offering flexible working practices – improve diversity on the supreme court bench.’

Full story

The Guardian, 21st November 2016

Source: www.guardian.co.uk

Supreme Court’s most senior judge urged to stand down from Article 50 legal hearing over wife’s anti-Brexit Twitter posts – Daily Telegraph

Posted November 21st, 2016 in brexit, conflict of interest, EC law, judges, news, recusal, referendums, Supreme Court, treaties by sally

‘The Supreme Court’s most senior judge has been urged to stand down from a crucial legal hearing on Britain’s withdrawal from the European Union after it emerged his wife had posted a series of anti-Brexit tweets.’

Full story

Daily Telegraph, 18th November 2016

Source: www.telegraph.co.uk

Theresa May refuses to say she will defend judges from press attacks ahead of Brexit judgment

Posted November 17th, 2016 in appeals, brexit, EC law, judiciary, media, news, parliament, referendums, Supreme Court by sally

‘Theresa May has refused to say she will defend judges from attacks in the press ahead of a vital judgment on the legal details of of Brexit.’

Full story

The Independent, 16th November 2016

Source: www.independent.co.uk

Unelected judges decline to prevent deportation of foreign criminal – UK Human Rights Blog

Posted November 17th, 2016 in appeals, deportation, human rights, news, Supreme Court, treaties by sally

‘Amid a level of scrutiny unprecedented in the Supreme Court’s seven-year history, that is a headline unlikely to make it into tomorrow’s tabloids.’

Full story

UK Human Rights Blog, 16th November 2016

Source: www.ukhumanrightsblog.com

The Brexit Article 50 Ruling In Plain English – RightsInfo

Posted November 16th, 2016 in appeals, brexit, EC law, news, parliament, royal prerogative, Supreme Court, treaties by sally

‘The High Court has ruled that the UK Government cannot legally begin the process of leaving the EU without first consulting Parliament. What does the decision mean for our rights and what happens next?’

Full story

RightsInfo, 11th November 2016

Source: www.rightsinfo.org

With and without foundation – Bedroom tax in Supreme Court – Nearly Legal

‘The Supreme Court has handed down its judgment in the culmination of years of cases on the discriminatory impact of the ‘removal of the spare room subsidy’ – the bedroom tax. The outcome was mixed, even including a split judgment on one case, but in at least one respect, the bedroom tax regulations were held to unlawfully and unjustifiably discriminate against households with disabled members.’

Full story

Nearly Legal, 9th November 2016

Source: www.nearlylegal.co.uk

Families win supreme court appeals over ‘unfair’ bedroom tax – The Guardian

‘Two families who claimed that the bedroom tax, which restricts housing subsidies, was unfair have won their appeals against the UK government at the supreme court.’

Full story

The Guardian, 9th November 2016

Source: www.guardian.co.uk

Richard Lang: The Article 50 Litigation and the Court of Justice: Why the Supreme Court Must Refer – UK Constitutional Law Association

‘I’m glad if it was the Lord Chief Justice’s concern about the reversibility or otherwise of the Article 50 procedure which catalyzed the current debate on whether the Article 50 litigation needs a reference to the Court of Justice, as has been rumoured, but on the face of last week’s judgment it seems that the parties at least were in agreement on the point after all: it is not (they say) reversible: R (Miller) v Secretary of State for Exiting the EU, para 10 (hereinafter “Miller”). However, I believe that there is a far simpler, and so far as I can see compulsory, route from the Supreme Court to Luxembourg in this matter, assuming that the Crown does indeed appeal today’s ruling to that court, and that is that (a) the case turns on the interpretation of the phrase “in accordance with its own constitutional requirements” from Article 50(1) of the Treaty on European Union (“Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements”), and (b) interpretation of the Treaty, or indeed any EU Law, is the exclusive competence of the Court of Justice of the EU (“CJEU”).’

Full story

UK Constitutional Law Association, 8th November 2016

Source: www.ukconstitutionallaw.org

Supreme Court to hear trio of cases on continuing success fee and ATE recoverability – Litigation Futures

Posted October 28th, 2016 in costs, fees, insurance, news, precedent, Supreme Court by sally

‘The Supreme Court has consolidated three cases on whether the continuing recoverability of additional liabilities in publication and privacy cases are incompatible with publishers’ rights to freedom of expression.’

Full story

Litigation Futures, 27th October 2016

Source: www.litigationfutures.com

Supreme Court upholds clause excluding professional indemnity cover for commercial arrangements – OUT-LAW.com

Posted October 27th, 2016 in appeals, contracts, insurance, law firms, legal services, news, solicitors, Supreme Court by sally

‘Loans provided to the clients of a firm of solicitors by a third party funder were not ‘legal services’, and so were not covered by the terms of the firm’s professional indemnity (PI) policy, the UK’s highest court has ruled.’

Full story

OUT-LAW.com, 26th October 2016

Source: www.out-law.com

Supreme court case reopens debate over battlefield human rights – The Guardian

Posted October 25th, 2016 in Afghanistan, appeals, armed forces, bills, detention, human rights, news, Supreme Court, torture by michael

‘The political row over whether human rights law can be extended to the battlefield will be reopened this week in a supreme court case over the legality of detaining a Taliban suspect in Afghanistan.’

Full story

The Guardian, 25th October 2016

Source: www.guardian.co.uk

Speech by Lord Justice McFarlane – ‘Nothing Else Will Do’ – Courts and Tribunals Judiciary

Posted October 25th, 2016 in appeals, children, judges, proportionality, speeches, Supreme Court by michael

‘Over the past 3 years family lawyers, social workers, judges and magistrates have got themselves into a fair old spin over four short words. The words are “Nothing else will do” and they appeared, for the first time, in three of the judgments of the five Supreme Court Justices who presided over the case of Re B in 2013…’

Full text

FLBA National Conference, Keynote Address, 22nd October 2016

Source: www.judiciary.gov.uk

Criminal with unmarried parents avoids ‘discriminatory’ deportation – BBC News

Posted October 20th, 2016 in appeals, citizenship, marital status discrimination, news, Supreme Court by tracey

‘A man jailed for manslaughter has won his battle against deportation after judges ruled he was being discriminated against because his parents were unmarried.’

Full story

BBC News, 19th October 2016

Source: www.bbc.co.uk

Fraud – several bites of the cherry? – Zenith PI

Posted September 20th, 2016 in appeals, fraud, insurance, news, personal injuries, Supreme Court by tracey

‘The recent case of Zurich Insurance Co v Hayward [2016] 3WLR 637 undoubtedly strengthens the hand of insurance companies. It resolves certain issues of uncertainty, but, as I shall indicate, appears to create further problems.’

Full story

Zenith PI, 15th September 2016

Source: www.zenithpi.wordpress.com

Supreme Court to hear recoverability appeal alongside dispute over who ‘won’ libel case – Litigation Futures

Posted September 13th, 2016 in appeals, costs, defamation, news, Supreme Court by sally

‘The Supreme Court has joined an appeal over the recoverability of additional liabilities in defamation cases to a long-running libel case where it is to consider which party won for the purposes of costs.’

Full story

Litigation Futures, 12th September 2016

Source: www.litigationfutures.com

Accident abroad but claim commenced here against MIB – damages are to be assessed in accordance with the law of the state where accident occurred – Zenith PI Blog

‘Miss Moreno was injured in an RTA in Greece by an uninsured driver. Liability was admitted. Miss Moreno brought a claim against the MIB in the UK as is permissible under the various Council Directives of the EU (culminating in the Sixth Directive 2009/103/EC) and consequent Regulations that implement those directives in the UK.’

Full story

Zenith PI Blog, 12th September 2016

Source: www.zenithpi.wordpress.com

Insurance surgery: English drama or Greek tragedy? – New Law Journal

‘Peter Allchorne translates the message from Moreno v Motor Insurers’ Bureau for motor accident victims.’

Full story

New Law Journal, 17th August 2016

Source: www.newlawjournal.co.uk

Privacy at all costs? – New Law Journal

Posted September 1st, 2016 in appeals, costs, financial provision, media, news, privacy, public interest, Supreme Court by sally

‘Wyatt v Vince illustrates the growing trend towards openness of family proceedings, says Sarah Hughes.’

Full story

New Law Journal, 17th August 2016

Source: www.newlawjournal.co.uk

Supreme Court refuses to hear appeal over transport to regeneration site – Local Government Lawyer

Posted August 31st, 2016 in appeals, government departments, news, railways, Supreme Court, transport by sally

‘The Supreme Court has refused to give the London Borough of Enfield permission to appeal in a dispute with the Government over the number of trains stopping near a major regeneration scheme.’

Full story

Local Government Lawyer, 31st August 2016

Source: www.localgovernmentlawyer.co.uk