Right to light appeal: bad conduct ‘key factor’ in grant of injunction, experts say – OUT-LAW.com

‘The Court of Appeal has upheld an injunction over what was a relatively minor breach of a right to light, primarily because of the developer’s poor conduct throughout the dispute.’

Full story

OUT-LAW.com, 12th July 2016

Source: www.out-law.com

Avoid/evade – Counsel

‘Recent news analysis of the Panama Papers, and high-profile-personality stakes in offshore funds, have turned up the heat in the tax avoid v evade debate. Kevin Prosser QC sheds light on this greyest of areas.’

Full story

Counsel, July 2016

Source: www.counselmagazine.co.uk

McDonald (by her litigation friend) v McDonald and others [2016] UKSC 28 – Henderson Chambers

‘In this alerter Hannah Curtain & George Mallet consider the Supreme Court’s decision in McDonald (by her litigation friend) v McDonald and Ors [2016] UKSC 28.’

Full story

Henderson Chambers, June 2016

Source: www.hendersonchambers.co.uk

Female barristers report high level of sexual harassment at work – The Guardian

‘Female barristers are frequently subject to sexual harassment and discrimination but are reluctant to complain for fear it might damage their careers, research has revealed.’

Full story

The Guardian, 12th July 2016

Source: www.guardian.co.uk

How To Prevent Miscarriages Of Justice: Let Journalists Speak To Prisoners – RightsInfo

’17 years ago, the highest court in the UK declared that a policy prohibiting journalists from interviewing prisoners to uncover potential miscarriages of justice violated the right to free expression.’

Full story

RightsInfo, 8th July 2016

Source: www.rightsinfo.org

Benjamin Gray Discusses Taiwo v Olaigbe: Discrimination on Immigration Status is not Race Discrimination – Littleton Chambers

‘The Supreme Court has held that less favourable treatment on the grounds of or because of immigration status is not discrimination because of nationality in Taiwo v Olaigbe and another [2016] UKSC 31.’

Full story

Littleton Chambers, 23rd June 2016

Source: www.littletonchambers.com

Supreme Court to give reasons for allowing appeal over legal aid residence test – Local Government Lawyer

‘The Supreme Court will next week give its reasons as to why it concluded that the Ministry of Justice’s introduction of a residence test for civil legal aid via secondary legislation was unlawful.’

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Local Government Lawyer, 7th July 2016

Source: www.localgovernmentlawyer.co.uk

Another door closes for the Chagossians – UK Human Rights Blog

‘In R (on the application of Bancoult (No 2)) v Secretary of State for Foreign and Commonwealth Affairs [2016] UKSC 35, the Supreme Court last week dismissed the attempt to set aside the House of Lord’s controversial 2008 decision in R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) [2008] UKHL 61. The challenge was grounded in the disclosure of documents in the parallel proceedings of Bancoult No 3 relating to the reliability of a feasibility study into the long term viability of settlement in Chagos Islands.’

Full story

UK Human Rights Blog, 6th July 2016

Source: www.ukhumanrightsblog.com

In re D (A Child) (Recognition of Foreign Order) (Reunite Child Abduction Centre and another intervening) – WLR Daily

In re D (A Child) (Recognition of Foreign Order) (Reunite Child Abduction Centre and another intervening)

‘In litigation in Romania concerning the care and custody of a 10 year-old child born to Romanian parents who had lived most of his life with his mother in England, the Bucharest Court of Appeal awarded custody of the child to his father. The father obtained an order in the High Court for recognition and registration of that decision under article 21(2) of Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility. The mother appealed to a High Court judge pursuant to article 33 of the Regulation. The judge, allowing the appeal, refused recognition of the Romanian court order under article 23(b) on the ground that the order had been made without the child having been given an opportunity to be heard. The father, having unsuccessfully appealed to the Court of Appeal, obtained leave for a further appeal to the Supreme Court. Upon the mother challenging the father’s right to a further appeal, the Supreme Court convened a preliminary hearing to determine whether it had jurisdiction to proceed with the appeal.’

WLR Daily, 29th June 2015

Source: www.iclr.co.uk

Re D (A Child): a decision of its time? – Family Law Week

Posted July 1st, 2016 in children, custody, divorce, EC law, enforcement, jurisdiction, news, Supreme Court by tracey

‘Katy Chokowry and Nicholas Anderson, barristers of 1 King’s Bench Walk, explain the rationale of the Supreme Court’s judgment in Re D (A Child) and consider the lessons that survive form the Court of Appeal’s judgment.’

Full story

Family Law Week, 30th June 2016

Source: www.familylawweek.co.uk

Chagos islanders lose supreme court bid to return to homeland – The Guardian

‘Chagos islanders, forcibly removed from their homes in 1971, have lost a legal challenge at the supreme court that could have speeded up their return.’

Full story

The Guardian, 29th June 2016

Source: www.guardian.co.uk

Chagos Islanders’ fate to be decided by top court – The Guardian

‘A decades-long battle by the exiled people of the Chagos Islands to be allowed to return home will reach its conclusion on Wednesday.’

Full story

The Guardian, 26th June 2016

Source: www.guardian.co.uk

Supreme Court refuses to hear bid to reinstate dishonesty finding against solicitors – Legal Futures

Posted June 23rd, 2016 in appeals, fraud, mortgages, news, solicitors, Supreme Court by sally

‘The Supreme Court has refused to hear an appeal against a decision that cleared two solicitors of “dishonest assistance in a breach of trust”, in this case a mortgage fraud.’

Full story

Legal Futures, 23rd June 2016

Source: www.legalfutures.co.uk

Yes but No – Article 8 and the private sector – Nearly Legal

‘The Supreme Court has finally decided on the issue that has been hanging over private sector possession claims since Pinnock and Powell – whether article 8 proportionality of eviction defence might also apply to the private sector as well as to public body landlords. The Court of Appeal decision (our note here) was frankly unsatisfactory, so finality from the Supreme Court was desirable.’

Full story

Nearly Legal, 19th June 2016

Source: www.nearlylegal.co.uk

Neuberger urges debate over ethical implications of artificial intelligence – Legal Futures

‘The president of the Supreme Court last week called for a debate on the ethical implications of artificial intelligence (AI) and for “greater prominence” for ethics in legal training.’

Full story

Legal Futures, 20th June 2016

Source: www.legalfutures.co.uk

Supreme Court rejects HRA over private tenancy – Law Society’s Gazette

Posted June 17th, 2016 in compulsory purchase, housing, human rights, news, Supreme Court by tracey

‘The Supreme Court has ruled that private tenants cannot rely on the right to a private and family life under the European Convention on Human Rights to challenge a mandatory possession order.’

Full story

Law Society’s Gazette, 16th June 2016

Source: www.lawgazette.co.uk

Supreme Court to hear ‘wheelchair vs buggy’ bus case – BBC News

‘A case that will determine whether bus companies should make people with pushchairs and others move from buses’ disabled spaces will be heard at the Supreme Court later.’

Full story

BBC News, 15th June 2016

Source: www.bbc.co.uk

Supreme Court to hear appeal by council on compensation after pier closure – Local Government Lawyer

‘The Supreme Court will next week (23 June) hear a borough council’s appeal over an order that it should pay more than £2m in compensation plus legal costs to the operators of a business on a seaside pier it temporarily shut down.’

Full story

Local Government Lawyer, 13th June 2016

Source: www.localgovernment.co.uk

Family law at a distance – Speech by Lord Sumption

Family law at a distance (PDF)

Speech by Lord Sumption

At a Glance Conference 2016, Royal College of Surgeons, 8th June 2016

Source: www.supremecourt.uk

Sumption: Legal specialisations are “essentially bogus” – Legal Futures

‘Legal specialisations are “essentially bogus”, Supreme Court judge Lord Sumption declared today as he urged practitioners to break out of their core areas and learn from other parts of the profession.’

Full story

Legal Futures, 8th June 2016

Source: www.legalfutures.co.uk