Category: Supreme Court

Vicarious liability: Trustees of the Barry Congregation in the Supreme Court – Law & Religion UK

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

‘Mr and Mrs B began attending the religious services of the Barry Congregation of Jehovah’s Witnesses in 1984. They made lots of friends in the congregation, among whom were Mark Sewell, his wife Mary and their children. Mark Sewell was an elder; however, he began drinking heavily and behaving inappropriately towards female members of the congregation, for example by kissing them on the lips when he greeted them. In 1990, he raped Mrs B after they had been out evangelising together and in 2014 he was convicted of her rape and of indecently assaulting two other people.’

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Law & Religion UK, 26th April 2023

Source: lawandreligionuk.com

New Judgment: Morgan and others v Ministry of Justice (Northern Ireland) [2023] UKSC 14 – UKSC Blog

Posted April 20th, 2023 in declarations of incompatibility, early release, human rights, news, Northern Ireland, sentencing, Supreme Court, terrorism by sally

‘The respondents in this appeal were convicted of terrorism offences. On 13 November 2020, they were sentenced to determinate custodial sentences by Colton J. In accordance with the Criminal Justice (Northern Ireland) Order 2008 (the ‘2008 Order’), the judge specified a “custodial period” of half of the term of their sentences which gave rise to an obligation on the part of the Department of Justice to release the respondents on licence (e.g. living in the community while complying with set rules) when they had served half their sentences.’

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UKSC Blog, 19th April 2023

Source: ukscblog.com

Case Comment: Moulsdale t/a Moulsdale Properties v Commissioners for His Majesty’s Revenue and Customs – UKSC Blog

Posted April 19th, 2023 in appeals, HM Revenue & Customs, news, Supreme Court, tax avoidance, taxation, VAT by sally

‘In this post, Jack Prytherch, Of Counsel in the Tax team at CMS, comments on the Supreme Court’s decision in Moulsdale t/a Moulsdale Properties v Commissioners for His Majesty’s Revenue and Customs [2023] UKSC 12, which was handed down on 22 March 2023. The issue before the Supreme Court was broadly whether a sale of property by the appellant (“Moulsdale”) should be treated as exempt from VAT under the Value Added Tax Act 1994 (“VATA”), Sch 10.’

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UKSC Blog, 19th April 2023

Source: ukscblog.com

Supreme Court to hear next week dispute over ‘ordinary residence’ and s117 aftercare services – Local Government Lawyer

Posted April 18th, 2023 in care homes, detention, domicile, hospitals, local government, mental health, news, Supreme Court by sally

‘The Supreme Court will next week (27 April) hear a high-profile case over the responsibility of local authorities for the aftercare of a service-user who had been detained under the Mental Health Act 1983.’

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Local Government Lawyer, 17th April 2023

Source: www.localgovernmentlawyer.co.uk

Living in a zoo – the Supreme Court’s decision in Fearn v Trustees of the Tate Gallery [2023] UKSC 4 – Exchange Chambers

Posted April 14th, 2023 in appeals, chambers articles, housing, news, nuisance, Supreme Court by sally

‘A few yards from the Tate Modern lies the Neo-Bankside block. It contains glass fronted flats constructed not long before the gallery’s viewing platform (known as the Blatvanik Building) opened. The trial took place in 2019, shortly before coronavirus struck in 2020 ([2019] EWHC 246) and took an inordinately long time to get to the Supreme Court.’

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Exchange Chambers, 23rd March 2023

Source: www.exchangechambers.co.uk

Rory Cochrane comments on Supreme Court’s latest telecommunications decision – Devereux Chambers

Posted April 14th, 2023 in appeals, chambers articles, government departments, licensing, news, Supreme Court, telecommunications by sally

‘Last week [8 March], the Supreme Court handed down its decision in VIP Communications (In Liquidation) v Secretary of State for the Home Department [2023] UKSC 10, upholding the Secretary of States’ appeal. The Supreme Court has confirmed that the Secretary of State can rely on section 5 of the Communications Act 2003 to direct Ofcom, on national security grounds, not to make regulations exempting commercial multi-user GSM gateways (COMUGs) from licensing.’

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Devereux Chambers, 8th March 2023

Source: www.devereuxchambers.co.uk

Judge deprecates LiPs for impugning opposing lawyers’ integrity – Legal Futures

Posted April 14th, 2023 in appeals, disciplinary procedures, litigants in person, misrepresentation, news, Supreme Court by tracey

‘The High Court has sharply criticised two litigants in person for making “baseless accusations” that impugned the integrity of their opponent’s legal team.’

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Legal Futures, 14th April 2023

Source: www.legalfutures.co.uk

The Tate Modern case: are human rights relevant to property law cases between private parties? – Mills & Reeve

Posted April 11th, 2023 in human rights, news, nuisance, privacy, Supreme Court by sally

‘The recent Supreme Court decision of Fearn v Board of Trustees of the Tate Gallery [2023] will, no doubt, become the leading case in relation to the law on private nuisance, and one might, understandably, overlook the case in terms of what it said about human rights. The Supreme Court said that Article 8, the right to respect for private and family life, was an “unnecessary complication and distraction in this case”.’

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Mills & Reeve, 6th April 2023

Source: www.mills-reeve.com

Nuisance law and a diverging of judgments – Solicitors’ Journal

Posted March 30th, 2023 in judgments, news, nuisance, privacy, Supreme Court by sally

‘Gordon Wignall explores a nuisance case in the Supreme Court about the Tate Modern and Richard Roger’s glass dwellers’ lack of privacy.’

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Solicitors' Journal, 27th March 2023

Source: www.solicitorsjournal.com

Rakusen v Jepsen: Sam Madge-Wyld comments on the decision – Tanfield Chambers

Posted March 30th, 2023 in houses in multiple occupation, landlord & tenant, news, rent, repayment, Supreme Court by sally

‘On 1 March 2023, the Supreme Court handed down its judgment in Rakusen v Jepsen [2023] UKSC 9. In a unanimous decision delivered by Lord Briggs and Lord Burrows in a joint judgment, the court held that the Court of Appeal had been correct in its interpretation that a Rent Repayment Order (RRO) could only be made against the immediate landlord of a tenancy that generates the relevant rent.’

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Tanfield Chambers, 3rd March 2023

Source: www.tanfieldchambers.co.uk

Case Preview: JTI POLSKA Sp. Z o.o. and Ors v Jakubowski and Ors – UKSC Blog

Posted March 28th, 2023 in carriage of goods, contracts, customs and excise, EC law, news, Poland, Supreme Court, theft by sally

‘In this post, David McKie and Dany Bitar, partner and associate respectively in the litigation team at CMS, preview the decision awaited from the Supreme Court in JTI POLSKA Sp. Z.o.o. and Ors v Jakubowski and Ors.’

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UKSC Blog, 27th March 2023

Source: ukscblog.com

2023: Year of the Nuisance? – UK Human Rights Blog

Posted March 27th, 2023 in appeals, damages, human rights, limitations, news, nuisance, Supreme Court by tracey

‘2023 has already been a landmark year for nuisance, with the Supreme Court handing down its controversial decision in Fearn v Tate Gallery (as discussed on this blog). The good news for those with a particular interest in the bothersome behaviour of neighbours is that Fearn is only the start.’

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UK Human Rights Blog, 24th March 2023

Source: ukhumanrightsblog.com

New Judgment: The Law Debenture Trust Corporation plc v Ukraine (acting upon the instructions of the Cabinet Ministers of Ukraine) [2023] UKSC 11 – UKSC Blog

Posted March 16th, 2023 in banking, contracts, duress, international law, loans, news, Russia, Supreme Court, Ukraine by sally

‘This appeal arises out of a contractual dispute between Ukraine and the Law Debenture Trust Corporation plc (“the Trustee””), acting on behalf of the Russian Federation (“Russia”).’

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UKSC Blog, 15th March 2023

Source: ukscblog.com

New Judgment: R (on the application of VIP Communications Ltd (In Liquidation)) v Secretary of State for the Home Department [2020] UKSC 10 – UKSC Blog

Posted March 9th, 2023 in licensing, ministers' powers and duties, news, statutory duty, statutory interpretation, Supreme Court, telecommunications, ultra vires by sally

‘This appeal raised an issue of statutory construction. It arises in the context of a type of equipment known as commercial multi-user GSM (Global Systems for Mobile Communications) gateway apparatus (“COMUGs”). GSM gateways are telecommunications equipment containing one or more SIM cards, as used in mobile phones. They enable phone calls and text messages from landlines to be routed directly on to mobile networks. When a call is routed through a GSM gateway, the only data transmitted over the network is the number and location of the SIM card in the GSM gateway. It does not transmit information such as the identity of the calling party and (in the case of a mobile phone) the user’s location, as would ordinarily be the case without a GSM gateway.’

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UKSC Blog, 8th March 2023

Source: ukscblog.com

Case Preview: Lifestyle Equities C.V. and Anor v Ahmed and Anor – UKSC Blog

Posted March 8th, 2023 in appeals, civil justice, company directors, company law, intellectual property, news, strict liability, Supreme Court, trade marks by sally

‘In this post, Mark Chapman and Alisha Young (both associates within the Insurance Group at CMS) preview the decision awaited from the Supreme Court in Lifestyle Equities C.V. and Anor v Ahmed and Anor. The appeal was heard by the Supreme Court on 20 & 21 February 2023 and judgment is presently awaited.’

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UKSC Blog, 8th March 2023

Source: ukscblog.com

New judgment: Rakusen v Jepsen and others [2023] UKSC 9 – UKSC Blog

Posted March 6th, 2023 in appeals, houses in multiple occupation, housing, landlord & tenant, local government, news, rent, statutory interpretation, Supreme Court by sally

‘This appeal is about Rent Repayment Orders. These are orders that can be made against landlords that have committed certain housing-related offences. They require a landlord to repay an amount of rent paid by a tenant (or pay to a local housing authority an amount of universal credit paid in respect of rent). The question which arises is whether they can only be made against a tenant’s immediate landlord, or whether they can be made against a landlord higher up in a chain of tenancies (e.g. the landlord of the tenant’s immediate landlord) – referred to as a “superior landlord”.’

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UKSC Blog, 1st March 2023

Source: ukscblog.com

Rent Repayment Orders – just the immediate landlord – Nearly Legal

Posted March 6th, 2023 in appeals, houses in multiple occupation, housing, landlord & tenant, local government, news, rent, statutory interpretation, Supreme Court by sally

‘The issue for the Supreme Court was whether the wording of section 40 and 41 Housing and Planning Act 2016 meant that a rent repayment order could be made against only a tenant’s immediate landlord, or also against a superior landlord (where the occupying tenant’s landlord themselves had a tenancy of the property) where that landlord had also committed a relevant offence.’

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Nearly Legal, 5th March 2023

Source: nearlylegal.co.uk

UK Supreme Court sits in Manchester for first time – BBC News

Posted March 6th, 2023 in news, Supreme Court by sally

‘The UK Supreme Court, the highest court in the country, will sit in Manchester this week.’

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BBC News, 6th March 2023

Source: www.bbc.co.uk

New Judgment: R (On the application of Day) v Shropshire Council [2023] UKSC 8 – UKSC Blog

Posted March 6th, 2023 in appeals, consultations, judicial review, local government, news, planning, Supreme Court by sally

‘Land which is subject to a statutory trust in favour of the public is held by a local authority for the purpose of the public’s enjoyment. In order for local authorities to dispose of this type of land they must comply with statutory consultation requirements. The issue raised by this appeal is what happens to the public’s rights to use this type of land when the local authority disposes of the land but fails to comply with the statutory requirements.’

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UKSC Blog, 1st March 2023

Source: ukscblog.com

Court bid to protect against ‘ghost landlords’ fails – BBC News

Posted March 3rd, 2023 in appeals, houses in multiple occupation, housing, landlord & tenant, news, rent, repairs, Supreme Court by sally

‘A legal bid to protect tenants from so called “ghost landlords” has failed, in a move that could have significant implications for people looking to claim their rent back if they live in bad conditions.’

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BBC News, 2nd March 2023

Source: www.bbc.co.uk