‘Judges shouldn’t be frightened to set precedents. A list of those that have “gone too far” – including over a Guardian freedom of information request on the Prince of Wales’s letters – risks deterring justice.’
The Guardian, 12th May 2016
Source: www.guardian.co.uk
‘Claims by more than 600 Iraqi civilians alleging that they were unlawfully detained and physically mistreated by British soldiers have been dismissed by the supreme court in London.’
The Guardian, 12th May 2016
Source: www.guardian.co.uk
‘Marie Crawford, barrister, Becket Chambers considers the disconnection between theory and practice in making applications to adduce expert evidence.’
Family Law Week, 21st April 2016
Source: www.familylawweek.co.uk
‘Online dispute resolution (ODR) could be the only way of ensuring access to justice in moderate-sized claims in future – but the Bar Council is trying to find an alternative that retains hearings, according to the president of the Supreme Court.’
Legal Futures, 27th April 2016
Source: www.legalfutures.co.uk
‘A ‘land bank’ arrangement which sold small plots of land to investors at “hugely inflated prices” was an unauthorised collective investment scheme (CIS) which ought to have been regulated by the Financial Conduct Authority (FCA), the UK’s highest court has confirmed.’
OUT-LAW.com, 25th April 2016
Source: www.out-law.com
‘The question of whether recoverable success fees in privacy cases are incompatible with publishers’ rights to freedom of expression is set to go before the Supreme Court, following a High Court ruling.’
Litigation Futures, 21st April 2016
Source: www.litigationfutures.com
‘Asset Land’s appeal rejected by the supreme court but the City regulator says investors “are likely only to get a fraction of their money back”.’
The Guardian, 20th April 2016
Source: www.guardian.co.uk
‘Government attempts to introduce a discriminatory residence test for anyone claiming legal aid have been summarily thrown out in a unanimous supreme court ruling.’
The Guardian, 18th April 2016
Source: www.guardian.co.uk
‘Cheshire East and Suffolk Coastal Councils are looking to take a key case over what are ‘relevant policies for the supply of housing’ to the Supreme Court.’
Local Government Lawyer, 18th April 2016
Source: www.localgovernmentlawyer.co.uk
‘The government’s residence test that deprives those who have lived in the UK for less than 12 months of legal aid faces a major challenge at the supreme court.’
The Guardian, 17th April 2016
Source: www.guardian.co.uk
‘The Supreme Court has unanimously allowed an appeal brought by a Children’s Guardian in a case concerning whether the courts of England or Hungary should have jurisdiction to determine proceedings concerning the future welfare of two young girls.’
Local Government Lawyer, 13th April 2016
Source: www.localgovernmentlawyer.co.uk
‘A film partnership accused by HM Revenue & Customs of using industry exemptions to help its members avoid paying their fair share of tax will this week take its case to the supreme court.’
The Guardian, 13th April 2016
Source: www.guardian.co.uk
‘In English law there is a presumption in favour of freedom of contract. The penalty rule represents an exception to that principle. A properly drafted liquidated damages clause entitles the claimant to recover the amount stipulated in the clause even if the actual loss is less than the amount payable. The inclusion of the clause is intended to provide certainty, to make the recovery of damages easier and less costly and, from the opposite perspective, to limit liability.’
Littleton Chambers, 4th April 2016
Source: www.littletonchambers.com
‘In 2011, Marks and Spencer plc (“M&S”) operated a “break clause” in commercial leases of office premises. Following determination, M&S sought to recover from the landlord advance quarterly rent that it had paid for the period after the successful break. M&S relied, in part, on an implied term claim that post-break rent should be returned to it. The landlord denied the claim and litigation ensued. Morgan J in the High Court gave judgment for M&S on the claim. The Court of Appeal unanimously reversed the judgment. The Supreme Court unanimously dismissed M&S’ appeal and re-stated the principles for the implication of contract terms: Marks and Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd[2015] UKSC 72, [2015] 3 WLR 1843.’
New Square Chambers, 11th April 2016
Source: www.newsquarechambers.co.uk
Shergill and others v Khaira and others (No 2) [2016] EWHC 628 (Ch)
‘The judge dismissed the defendants’ application to strike out the claimants’ claim, a decision which was later reversed by the Court of Appeal. The Supreme Court allowed the claimants’ appeal from that decision and ordered that the defendants pay the claimants’ costs in the Supreme Court and the Court of Appeal. The costs judge subsequently refused the defendants’ application to stay the immediate detailed assessment of those costs. The defendants appealed from that decision on the ground that, by CPR r 47.1, the costs of proceedings could not be subject to detailed assessment until the proceedings were concluded, unless the appellate court had expressly ordered the costs to be assessed immediately, which it had not.’
WLR Daily, 23rd March 2016
Source: www.iclr.co.uk
‘Mirror Group Newspapers (MGN) has failed in its bid to overturn a landmark ruling in which it was ordered to pay approximately £1.2 million in damages for infringing the privacy of eight individuals through phone hacking.’
OUT-LAW.com, 23rd March 2016
Source: www.out-law.com
‘In Knauer (Widower and Administrator of the Estate of Sally Ann Knaur) v Ministry of Justice [2016] UKSC 9, the Supreme Court has held that the correct date as at which to assess the multiplier when fixing damages for future loss in claims under the Fatal Accidents Act 1976 should be the date of trial and not the date of death. In doing so it refused to follow two decisions of the House of Lords (Cookson v Knowles [1979] AC 556 and Graham v Dodds [1983] 1 WLR 808) pursuant to which the relevant date had been the date of death.’
Henderson Chambers, February 2016
Source: www.hendersonchambers.co.uk
‘Is an employer vicariously liable for the errant conduct of an employee who attacks a customer? Yes, according to the Supreme Court in unanimously giving judgment for the appellant in the case of Mr A M Mohamud (in substitution for Mr A Mohamud (deceased) v WM Morrison Supermarkets plc [2016] UKSC 11, handed down today.’
Park Square Barristers, 2nd March 2016
Source: www.parksquarebarristers.co.uk
‘TV cameras could be allowed into crown courts in England and Wales for the first time, as part of a pilot scheme proposed by the Ministry of Justice.’
BBC News, 20th March 2016
Source: www.bbc.co.uk
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