McDonald (Deceased) (Represented by Mrs Edna McDonald) (Appellant) v National Grid Electricity Transmission Plc (Respondent) – Supreme Court

Posted October 22nd, 2014 in asbestos, employment, law reports, negligence, regulations, Supreme Court by sally

McDonald (Deceased) (Represented by Mrs Edna McDonald) (Appellant) v National Grid Electricity Transmission Plc (Respondent) [2014] UKSC 53 (YouTube)

Supreme Court, 22nd October 2014

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of Barclay and another) (Respondents) v Secretary of State for Justice and Lord Chancellor and others (Appellants) – Supreme Court

R (on the application of Barclay and another) (Respondents) v Secretary of State for Justice and Lord Chancellor and others (Appellants) [2014] UKSC 54 (YouTube)

Supreme Court, 22nd October 2014

Source: www.youtube.com/user/UKSupremeCourt

Director of Public Prosecutions responds to Supreme Court on assisted suicide policy – Crown Prosecution Service

‘The Director of Public Prosecutions has today clarified the CPS Policy on cases of encouraging or assisting suicide in light of the recent comments of the Supreme Court in the case of Nicklinson and others.’

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Crown Prosecution Service, 16th October 2014

Source: www.cps.gov.uk

The Costs of Complexity: A Practical View from the Bar – Littleton Chambers

Posted October 15th, 2014 in appeals, costs, human rights, news, nuisance, Supreme Court by sally

‘In his monthly column, originally published by PLC, James Bickford Smith considers the Supreme Court’s judgments in Coventry v Lawrence (No 2) [2014] UKSC 46 and Marley v Rawlings [2014] UKSC 51, before commenting briefly on relief from sanctions disputes after Denton v White and other appeals [2014] EWCA Civ 906.’

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Littleton Chambers, 3rd October 2014

Source: www.littletonchambers.com

Rectification of Wills Following Marley v Rawlings – No. 5 Chambers

Posted October 15th, 2014 in appeals, documents, news, rectification, Supreme Court, wills by sally

‘David Mtichell, member of No5 Chambers Commercial & Chancery Group, recently gave a talk titled ‘Rectification of Wills Following Marley v Rawlings’ at the No5 Estates Seminar held on 25th September.’

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No. 5 Chambers, 15th October 2014

Source: www.no5.com

The Supreme Court and the Rule of Law – Speech by Lord Neuberger

The Supreme Court and the Rule of Law (PDF)

Lord Neuberger

The Conkerton Lecture 2014, Liverpool Law Society, 9th October 2014

Source: www.supremecourt.uk

Lord Neuberger on the Supreme Court: Five key cases from its first five years – The Independent

‘From euthanasia to high-speed rail, the highest in the land has an almost limitless remit.’

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The Independent, 12th October 2014

Source: www.independent.co.uk

The costs of rectification – Law Society’s Gazette

‘This case continues to generate interesting discussion in the Supreme Court – this time on the issue of costs.’

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Law Society’s Gazette, 6th October 2014

Source: www.lawgazette.co.uk

Proprietary remedies, fiduciary bribes, and dishonest assistants: FHR and Novoship – Employment Law Blog

Posted October 2nd, 2014 in appeals, bribery, constructive trusts, fiduciary duty, news, Supreme Court by tracey

‘Directors and senior employees will often have wide-ranging managerial power over their companies: the ability to commit or disburse company assets, with significant autonomy and limited detailed oversight. Those in such positions will not always act responsibly, and will be attractive targets to others seeking a share of the potential spoils. In two important judgments from July, the Court of Appeal and Supreme Court significantly increased the remedies available against both bribed fiduciaries and those who bribe them.’

Full story

Employment Law Blog, 2nd Ocotber 2014

Source: www.employment11kbw.com

Marley v Rawlings (No 2) – WLR Daily

Posted October 2nd, 2014 in appeals, costs, fees, law reports, mistake, rectification, solicitors, Supreme Court, wills by tracey

Marley v Rawlings (No 2); [2014] UKSC 51; [2014] WLR (D) 402

‘Where a mistake made by a solicitor in the execution of a will required its validity to be determined in litigation, funded in the High Court and the Court of Appeal on a traditional basis and in the Supreme Court under contingency fee agreements, the proper order for costs in the High Court and the Court of Appeal was that the solicitor’s insurers should pay the costs of both the successful claimant and the unsuccessful defendants, thereby short-circuiting the approach that, on a reasonable, but unsuccessful, challenge to the validity of a will, the costs should be borne by the estate.’

WLR Daily, 18th September 2014

Source: www.iclr.co.uk

Claimants apply to Court of Appeal over approach to deprivation of liberty cases – Local Government Lawyer

‘An application has been made to the Court of Appeal for leave to appeal two key parts of a ruling by the President of the Court of Protection that was intended to streamline the handling of deprivation of liberty cases after the Cheshire West judgment.’

Full source

Local Government Lawyer, 30th September 2014

Source: www.localgovernmentlawyer.co.uk

The Right to Die: A Moral or Legal question? Or Both? – No. 5 Chambers

Posted September 24th, 2014 in appeals, assisted suicide, bills, euthanasia, medical ethics, news, Supreme Court by sally

‘Late last month the Supreme Court of the UK handed down a judgment on the cases of two severely disabled men who want other people to help them to die.’

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No. 5 Chambers, 18th September 2014

Source: www.no5.com

Supreme Court forces barristers to waive success fees – Litigation Futures

Posted September 22nd, 2014 in appeals, barristers, costs, fees, news, solicitors, Supreme Court, wills by sally

‘The president of the Supreme Court has taken the “fairly remarkable” course of forcing two barristers into dropping their claims to success fees in a case which he said again highlighted the “many unsatisfactory aspects” of the pre-Jackson CFA regime.’

Full story

Litigation Futures, 18th September 2014

Source: www.litigationfutures.com

Supreme Court clarifies continuing police disclosure obligations – RPC Privacy Law

‘The recent Supreme Court judgment in the case of R (on the application of Nunn) v Chief Constable of Suffolk Constabulary and another sheds further light on the continuing duty of the police and the Crown Prosecution Service to disclose information in criminal cases post-conviction.’

Full story

RPC Privacy Law, 19th September 2014

Source: www.rpc.co.uk

Insurer to bear costs of mirror wills mix-up – Law Society’s Gazette

Posted September 19th, 2014 in appeals, costs, insurance, mistake, news, rectification, solicitors, Supreme Court, wills by tracey

‘The Supreme Court today ordered a solicitor’s insurer to pay the bulk of both parties’ costs over a wills dispute arising when a married couple each signed the wrong draft of a will.’

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Law Society’s Gazette, 18th September 2014

Source: www.lawgazette.co.uk

Swift (trading as A Swift Move) v Robertson – WLR Daily

Posted September 18th, 2014 in appeals, consumer protection, contracts, law reports, Supreme Court by tracey

Swift (trading as A Swift Move) v Robertson: [2014] UKSC 50; [2014] WLR (D) 396

‘A failure by a trader to give written notice of the right to cancel a contract for the supply of goods or services made during a visit to a consumer’s home did not deprive the consumer of his right to cancel the contract pursuant to regulation 7(1) of the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008.’

WLR Daily, 9th September 2014

Source: www.iclr.co.uk

Victims’ Rights, the EU Charter, and Passport Confiscation – the Human Rights Roundup – UK Human Rights Blog

‘In recent news, the government outlines proposals for increased rights for the victims of crime, as well as for the revocation and confiscation of passports for ISIS fighters returning to the UK. In other news, the legality of the EU Charter comes back to haunt Chris Grayling once again.’

Full story

UK Human Rights Blog, 15th September 2014

Source: www.ukhumanrightsblog.com

Fraud divorce case goes to Supreme Court – Law Society’s Gazette

‘The ex-wife of a businessman who claims her former husband cheated her out of millions in their divorce settlement has won the right to take her case to the Supreme Court.’

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Law Society’s Gazette, 5th September 2014

Source: www.lawgazette.co.uk

Supreme Court agrees to hear key case on intentional homelessness – Local Government Lawyer

Posted August 29th, 2014 in appeals, homelessness, housing, local government, news, Supreme Court by tracey

‘The Supreme Court has given an appellant permission to appeal a Court of Appeal ruling over the relevant time for a council to consider whether her homelessness was intentional.’

Full story

Local Government Lawyer, 28th August 2014

Source: www.localgovernmentlawyer.co.uk

Supreme Court refuses to hear litigant-in-person negligence appeal – Litigation Futures

Posted August 28th, 2014 in appeals, autism, litigants in person, negligence, news, solicitors, Supreme Court by sally

‘The Supreme Court has refused to hear an appeal from a litigant in person who sued her solicitors for negligence and whose claim included the grounds that she suffered from Asperger’s Syndrome.’

Full story

Litigation Futures, 28th August 2014

Source: www.litigationfutures.com