Case Preview: London Borough of Merton Council v Nuffield Health Ltd – UKSC Blog

Posted February 27th, 2023 in appeals, charities, local government, news, rates, Supreme Court by sally

‘In this post, Lisa Fox, a senior associate in the litigation team at CMS, previews the decision awaited from the Supreme Court in London Borough of Merton v Nuffield Health Ltd.’

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UKSC Blog, 24th February 2023

Source: ukscblog.com

Supreme Court to rule next week over rent repayment orders and superior landlord liability – Local Government Lawyer

‘The Supreme Court will next week (1 March) hand down its ruling in a dispute over whether a rent repayment order can only be made against an immediate landlord or whether a superior landlord can also be liable.’

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Local Government Lawyer, 24th February 2023

Source: www.localgovernmentlawyer.co.uk

Shamima Begum has shown up courts’ deference to this government. It’s a worrying new era – The Guardian

Posted February 24th, 2023 in citizenship, government departments, human rights, news, Supreme Court, terrorism by sally

‘Issues related to national security have always been hard to crack, but judges are unwilling to consider human rights.’

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The Guardian, 23rd February 2023

Source: www.theguardian.com

New Judgment: DCM (Optical Holdings) Ltd v Commissioners for His Majesty’s Revenue and Customs (Scotland) [2023] UKSC 7 – UKSC Blog

‘Under the Value Added Tax Act 1994 (the “VAT Act“), “newspapers” are “zero-rated”, meaning Value Added Tax (“VAT“) is not charged on them. The question in this case is whether, between 30 August 2010 – 4 December 2016 (the “relevant period“), zero-rating extended beyond print newspapers to digital editions of newspapers, such as editions for e-readers, tablets, smartphones and websites.’

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UKSC Blog, 22nd February 2023

Source: ukscblog.com

Limiting an employer’s right to dismiss on notice: Aspden v Webbs Poultry and USDAW v Tesco – by Oliver Jackson – UK Labour Law

Posted February 24th, 2023 in appeals, contract of employment, employment, news, Supreme Court, unfair dismissal by sally

‘It will come as a surprise to most lawyers to learn that a term may be implied into a contract that is inconsistent with an express term of that contract. Frankly, this proposition would probably surprise even the justices of the Supreme Court, who recently reaffirmed in Barton v Morris [2023] UKSC 3 (at [24], [25], [107], [165]-[167], and [221]) that the implication of such a term is prohibited.’

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UK Labour Law, 22nd February 2023

Source: uklabourlawblog.com

Kacper Majewski: Re Allister: The End of ‘Constitutional Statutes’? – UK Constitutional Law Association

‘On 8 February, the Supreme Court handed down its unanimous judgment in Re Allister [2023] UKSC 5. What follows is an attempt to clarify the judgment’s significance for the doctrine of constitutional statutes, as first canvassed by Laws LJ in Thoburn v Sunderland City Council [2002] EWHC 195 (Admin).’

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UK Constitutional Law Association, 21st February 2023

Source: ukconstitutionallaw.org

Insurers ask for Supreme Court to hear mixed injury cases – Law Society’s Gazette

Posted February 21st, 2023 in insurance, news, personal injuries, small claims, Supreme Court by tracey

‘Insurers are seeking to challenge a key ruling on damages for mixed injury cases in the Supreme Court, it emerged today. The Association of British Insurers (ABI) said it has sought permission to appeal the rulings in Briggs and Rabot that were handed down last month by the Court of Appeal. The trade body is understood to be heartened by the dissenting judgment of master of the rolls Sir Geoffrey Vos and believes there are wider policy grounds at stake that the Supreme Court should consider.’

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Law Society's Gazette, 20th February 2023

Source: www.lawgazette.co.uk

The chain of reasoning: Lady Rose of Colmworth – Counsel

Posted February 20th, 2023 in diversity, equality, judges, judiciary, news, Supreme Court, women by tracey

‘Currently the only female UK Supreme Court Justice, Lady Rose gives a rare insight into the subtext of judicial interventions, the process of deliberations and makes the case for a broader pool of advocates and judges.’

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Counsel, 13th February 2023

Source: www.counselmagazine.co.uk

Case Comment: Barton and Ors v Morris and Anor in place of Gwyn Jones (deceased) [2023] UKSC 3 – UKSC Blog

Posted February 14th, 2023 in contracts, estate agents, fees, news, sale of land, Supreme Court by sally

‘In this post, Henry Powell (Associate) and Antoni Hajdon (Of Counsel) in the Real Estate Disputes team at CMS, comment on the case of Barton & Ors v Morris & Anor in place of Gwyn Jones (deceased) [2023] UKSC 3 – handed down on 25 January 2023.’

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UKSC Blog, 13th February 2023

Source: ukscblog.com

Why an exceptional view might constitute a nuisance against your neighbours – Local Government Lawyer

Posted February 13th, 2023 in appeals, housing, injunctions, local government, news, nuisance, privacy, Supreme Court by tracey

‘Anjali Patel looks at the lessons to be learned from the Supreme Court’s ruling in the Tate Modern viewing platform dispute.’

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Local Government Lawyer, 10th February 2023

Source: www.localgovernmentlawyer.co.uk

Case Preview: Commissioners for His Majesty’s Revenue and Customs v Vermilion Holdings Limited – UKSC Blog

‘In this post, Jack Prytherch, Of Counsel in the Tax team at CMS, previews the decision awaited from the Supreme Court in Commissioners for His Majesty’s Revenue and Customs v Vermilion Holdings Limited. The appeal was heard by the Supreme Court on 7 February 2023.’

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UKSC Blog, 9th February 2023

Source: ukscblog.com

New Judgment: Aviva Investors Ground Rent GP Ltd and another v Williams and others [2023] UKSC 6 – UKSC Blog

Posted February 9th, 2023 in landlord & tenant, leases, news, service charges, Supreme Court by sally

‘This appeal concerned the validity of a provision in a lease which allows the landlord to revise the proportion of the overall costs of maintaining the wider estate that a leaseholder should pay by way of a service charge.’

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UKSC Blog, 8th February 2023

Source: ukscblog.com

Supreme Court clarifies law on leasehold service charges – Law Society’s Gazette

Posted February 9th, 2023 in landlord & tenant, leases, news, service charges, Supreme Court by sally

‘Landlords of a block of 38 flats in Swansea, Hampshire, are entitled to vary service charges levied on leaseholders, five Supreme Court justices ruled today in a clarification of part of the Landlord and Tenant Act 1985. The dismissal of the tenants’ appeal was the fourth ruling in a dispute which began when leaseholders objected to the re-apportioning of the charges above those stated on their leases.’

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Law Society's Gazette, 8th February 2023

Source: www.lawgazette.co.uk

Northern Ireland Protocol is lawful, Supreme Court rules – BBC News

Posted February 8th, 2023 in appeals, brexit, government departments, news, Northern Ireland, Supreme Court by sally

‘The Northern Ireland Protocol is lawful, the UK Supreme Court has ruled.’

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BBC News, 8th February 2023

Source: www.bbc.co.uk

Case Preview: Wolverhampton City Council and others v London Gypsies and Travellers and others – UKSC Blog

Posted February 7th, 2023 in injunctions, local government, news, Supreme Court, travellers, trespass by sally

‘In this post, Frankie McPeanne, a trainee solicitor, and Emma Pinkerton, a Partner, both in the Real Estate Disputes team at CMS, preview the decision awaited from the Supreme Court in Wolverhampton City Council and others (Respondents) v London Gypsies and Travellers and others (Appellants), which is due to be heard on 8 February 2023.’

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UKSC Blog, 6th February 2023

Source: ukscblog.com

Supreme Court ruling in Tate Modern privacy case could create ‘new front of litigation’ – OUT-LAW.com

Posted February 6th, 2023 in appeals, damages, housing, injunctions, London, news, nuisance, privacy, Supreme Court by tracey

‘The Supreme Court’s ruling in a nuisance dispute involving a viewing platform at the Tate Modern gallery in London could “open a new front of litigation”, according to two legal experts.’

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OUT-LAW.com, 6th February 2023

Source: www.pinsentmasons.com

Case Comment: McCue (as guardian for Andrew McCue) v Glasgow City Council [2023] UKSC 1 – UKSC Blog

Posted February 2nd, 2023 in community care, disabled persons, news, Scotland, social services, Supreme Court by sally

‘In this post, Erin Crawley, a trainee solicitor in the Infrastructure, Construction and Energy Disputes team at CMS, comments on the case of McCue (as guardian for Andrew McCue) v Glasgow City Council [2023] UKSC 1.’

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UKSC Blog, 2nd February 2023

Source: ukscblog.com

Flat owners win battle to stop Tate Modern visitors peering into their homes – The Independent

Posted February 1st, 2023 in appeals, housing, injunctions, news, privacy, Supreme Court by sally

‘The owners of four flats overlooked by the Tate Modern in London have won a Supreme Court privacy bid over the use of the gallery’s viewing platform.’

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The Independent, 1st February 2023

Source: www.independent.co.uk

Supreme Court agrees to hear housing case over failure to provide suitable accommodation, mandatory relief and budgetary constraints – Local Government Lawyer

Posted January 27th, 2023 in appeals, housing, local government, news, statutory duty, Supreme Court by sally

‘The Supreme Court has granted the London Borough of Croydon permission to appeal in a dispute over mandatory relief in cases where councils have failed to provide suitable accommodation for a person owed the main housing duty.’

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Local Government Lawyer, 26th January 2023

Source: www.localgovernmentlawyer.co.uk

Case Preview: Republic of Mozambique v Privinvest Shipbuilding SAL (Holding) and Ors – UKSC Blog

Posted January 27th, 2023 in appeals, arbitration, bribery, corruption, guarantees, news, Supreme Court by sally

‘In this post, Eilidh Douglas, Senior Associate in the ICE Disputes team at CMS, previews the case of Republic of Mozambique v Privinvest Shipbuilding SAL (Holding) and Ors, which was heard by the UK Supreme Court on 24 and 25 January 2023.’

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UKSC Blog, 26th January 2023

Source: ukscblog.com