Category: Supreme Court

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

Posted July 3rd, 2023 in appeals, asylum, equality, foreign jurisdictions, government departments, immigration, judicial review, news, refugees, Supreme Court by tracey

‘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.’

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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.’

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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

Posted June 30th, 2023 in appeals, asylum, bills, deportation, government departments, immigration, news, refugees, Rwanda, Supreme Court by tracey

‘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.’

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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

Posted June 28th, 2023 in appeals, care homes, coroners, disabled persons, human rights, inquests, negligence, news, Supreme Court by sally

‘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.’

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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.’

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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.’

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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

Posted June 22nd, 2023 in immigration, loans, migrant workers, news, statutory interpretation, Supreme Court by tracey

‘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).’

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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

Posted June 15th, 2023 in carriage of goods, customs and excise, news, statutory interpretation, Supreme Court, theft, treaties by sally

‘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.’

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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

Posted June 14th, 2023 in appeals, environmental health, environmental protection, local government, news, planning, Supreme Court by sally

‘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.’

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Local Government Lawyer, 13th June 2023

Source: www.localgovernmentlawyer.co.uk

Supreme Court will not hear appeal on largest-ever group action – Legal Futures

Posted June 12th, 2023 in appeals, case management, class actions, environmental protection, news, pollution, Supreme Court by tracey

‘The Supreme Court has refused mining giant BHP permission to appeal the Court of Appeal’s decision allowing the largest group action ever to go ahead.’

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Legal Futures, 12th June 2023

Source: www.legalfutures.co.uk

Lord Sales, The Developing Jurisprudence of the Supreme Court on Convention Rights – Supreme Court

Posted June 8th, 2023 in human rights, speeches, statutory interpretation, Supreme Court, treaties by tracey

‘Lord Sales: The Developing Jurisprudence of the Supreme Court on Convention Rights’

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Supreme Court, 5th June 2023

Source: www.supremecourt.uk

Supreme Court refuses to hear claim that council should have conducted Habitat Regulations Assessment before green-lighting farm expansion – Local Government Lawyer

Posted June 2nd, 2023 in appeals, environmental health, environmental protection, judicial review, local government, news, planning, Supreme Court by sally

‘The Supreme Court has refused to hear a case that alleged Herefordshire Council failed to carry out the proper habitat regulations assessments before giving planning permission for farm buildings bordering the River Wye catchment area.’

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Local Government Lawyer, 2nd June 2023

Source: www.localgovernmentlawyer.co.uk

Key issues in land disposal – Local Government Lawyer

Posted May 26th, 2023 in appeals, local government, news, planning, Supreme Court by tracey

‘When local authorities dispose of land, there are several important legal issues for them to consider. A recent case considered by the Supreme Court showed the importance of considering one such issue – the duties associated with disposing of land consisting of open space, write Paul Hilsdon and Matthew Holtam.’

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Local Government Lawyer, 26th May 2023

Source: www.localgovernmentlawyer.co.uk

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

Posted May 18th, 2023 in corporation tax, energy, news, statutory interpretation, Supreme Court, water by sally

‘SSE Generation Ltd, the respondent, claimed capital allowances on expenditure incurred when constructing a hydro-electric power station at Glendoe, Fort Augustus in Scotland. Such allowances may be deducted from income for the purpose of calculating a company’s trading profits subject to corporation tax. Commissioners for His Majesty’s Revenue and Customs (“HMRC”) disputed certain allowances claimed by SSE for tax years 31 March 2006 to 31 March 2012 on the basis that in their view certain relevant assets did not give rise to allowable expenditure under the Capital Allowances Act 2001 (the “Act”).’

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UKSC Blog, 17th May 2023

Source: ukscblog.com

UK Supreme Court clarifies law on ‘continuing nuisance’ – OUT-LAW.com

Posted May 17th, 2023 in appeals, environmental health, news, nuisance, Supreme Court, time limits by sally

‘A ruling by the UK Supreme Court provides some clarifications on when the law of nuisance can be relied upon for raising environmental claims, but it has also left open some important questions, experts have said.’

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OUT-LAW.com, 16th May 2023

Source: www.pinsentmasons.com

The scope of vicarious liability – Law Society’s Gazette

Posted May 16th, 2023 in negligence, news, rape, Supreme Court, vicarious liability by sally

‘The claimant was a member of the defendant’s church. She and her husband had formed a close friendship with an elder in the church. During a visit to the elder’s house in 1990, the elder raped the claimant while they were together in a room. She reported the crime to the police in 2014 and her assailant was convicted and imprisoned. She then brought a claim against the defendant alleging that it was vicariously liable for the elder’s attack on her. At first instance, the trial judge held that the defendant was vicariously liable and that decision was upheld by the Court of Appeal. The defendant then appealed to the Supreme Court.’

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Law Society's Gazette, 12th May 2023

Source: www.lawgazette.co.uk

New Judgment: Jalla and another v Shell International Trading and Shipping Company and another [2023] UKSC 16 – UKSC Blog

Posted May 11th, 2023 in limitations, news, nuisance, shipping law, Supreme Court by sally

‘This appeal concerns the tort of private nuisance (a civil wrong) in the context of a major oil spill. The question at issue is whether there is a continuing private nuisance and hence a continuing cause of action. This is an important question because it affects when the limitation period for the bringing of claims (which in English law for torts is normally six years) starts to run.’

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UKSC Blog, 10th May 2023

Source: ukscblog.com

Supreme Court rules on liability in Jehovah’s Witness rape case – Law Society’s Gazette

Posted May 2nd, 2023 in negligence, news, rape, Supreme Court, vicarious liability by tracey

‘”Deeper pockets” is not sufficient justification for extending vicarious liability “beyond its principled boundaries” the Supreme Court has found, as it ruled a congregation cannot be liable for a rape committed by one of its elders.’

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Law Society's Gazette, 2nd May 2023

Source: www.lawgazette.co.uk

Supreme Court justice fears hearings now ‘invisible’ to public – Law Society’s Gazette

Posted April 28th, 2023 in case management, documents, judges, news, Supreme Court by tracey

‘A Supreme Court judge has said the trend of courts working largely outside public view could change through documents being made more widely available.’

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Law Society's Gazette, 27th April 2023

Source: www.lawgazette.co.uk

New Judgment: Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB [2023] UKSC 15 – UKSC Blog

Posted April 27th, 2023 in law reports, news, rape, Supreme Court, vicarious liability by sally

‘In this appeal, the Supreme Court is asked to decide whether the Jehovah’s Witness organisation is vicariously liable for a rape committed by Mark Sewell, a former elder.’

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UKSC Blog, 26th April 2023

Source: ukscblog.com