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Agriculture and Fisheries Law
Case Comment: Bloomsbury Intl Ltd & Ors v Sea Fish Industry Authority & Anor [2011] UKSC 25
Bloomsbury International Ltd v Sea Fish Industry Authority and DEFRA [2011] UKSC 25 has its origins in a claim brought by importers unhappy with the imposition of a levy. For the purpose of financing its activities, the Authority has the power, pursuan…
Animals Law
Tail docking – the Animal Welfare Act 2006
The practice of tail docking is contentious. It involves the amputation of a puppy’s tail and is performed without…
Civil Procedure
Case Comment: AB v MoD [2012] UKSC 9
By Daniel West
On 14 March 2012, the Supreme Court handed down their long-awaited judgment in the case of AB v…
Company Law
Case Comment: Holland v HMRC [2010] UKSC 51
On 24 November 2010, the Supreme Court handed down judgment in Holland v The Commissioners for Her Majesty’s Revenue and Customs and another [2010] UKSC 51. The panel consisted of Lords Hope, Saville, Walker, Collins and Clarke.
The case concer…
Consumer Law
A charge for credit isn’t credit
Southern Pacific Securities 05-2 Plc v Walker & Anor [2010] UKSC 32 A brief note on this case, which concerned the enforceability of a credit agreement secured on the Walker’s property. Our report on the Court of Appeal decision is here, and there is little to add in this note, because the Supreme Court in [...]
Contract Law
Case Comment: Rainy Sky S.A. & Ors v Kookmin Bank [2011] UKSC 50
By Oliver Gayner and Cathryn Hopkins, Olswang
In Rainy Sky v Kookmin Bank, in which judgment was handed down on Wednesday, the…
Corporate Commercial Law
Case Comment: NML Capital Limited v Republic of Argentina [2011] UKSC 31
The Argentinian debt crisis of 2001 – 2003, and subsequent restructurings, have kept commercial lawyers busy all over the globe as investors have sought to recoup as much of their investments into the country as possible. In NML Capital v Argentina…
Criminal Law
Case comment: Phillips v Mulcaire [2012] UKSC 28
By Dan Tench
The Supreme Court has had its first (and perhaps last) look at an issue arising from the phone…
Discrimination Law
Case Comment: Humphreys v Commissioners for Her Majesty’s Revenue and Customs [2012] UKSC 18
By Stephen Smith and Sean Mackenzie, Olswang LLP
Summary
The Supreme Court handed down its judgment in the appeal of Humphreys v…
Dispute Resolution
Mediation: what is it all about?
Mediation and Alternative Dispute Resolution (ADR) have become buzz words used by litigators over the past few years. Sadly…
Education Law
Case Comment: R (G) v The Governors of X School [2011] UKSC 30
The Supreme Court (by a 4:1 majority) has allowed an appeal by The Governors of X School, overturning the Court of Appeal’s decision that a teaching assistant’s rights under Article 6 of the European Convention on Human Rights had been breached b…
Employment Law
Case Comment: Homer v Chief Constable of West Yorkshire Police [2012] UKSC 15 & Seldon v Clarkson Wright and Jakes [2012] UKSC 16.
This post was originally posted on the EUtopia Blog and is reposted here with thanks.
On 25 April 2012 the Supreme…
Equity
Case Comment: Re Kaupthing Singer & Friedlander Ltd and Re the Insolvency Act 1986 [2011] UKSC 48
In its recent decision in Re Kaupthing Singer & Friedlander Ltd and Re the Insolvency Act 1986 [2011] UKSC 48, the Supreme Court unanimously overturned the High Court’s decision in Mill & Ors v HSBC Trustee (C.I.) Ltd & Ors [2009] EW…
EU Law
Case Comment: FA (Iraq) v Secretary of State for the Home Department [2011] UKSC 22
The Supreme Court has decided that guidance is needed from the CJEU on a number of issues relating to the scope of the principle of equivalence.
This is the principle of EU law which requires that the procedural rules relating to the domestic enforceme…
Family and Child Law
Case Comment: Gow v Grant [2012] UKSC 29, the Supreme Court rules on cohabitation
By Marilyn Stowe
This piece was originally posted on the Marilyn Stowe Blog and is reposted here with thanks.
I first wrote…
Housing Law
Discharging leasehold covenants
Restrictive covenants are, in broad terms, contractual restrictions imposed on the current user/owner of land, often imposed by a former…
Human Rights Law
Case Comment: Humphreys v Commissioners for Her Majesty’s Revenue and Customs [2012] UKSC 18
By Stephen Smith and Sean Mackenzie, Olswang LLP
Summary
The Supreme Court handed down its judgment in the appeal of Humphreys v…
Immigration and Asylum Law
Case Comment: Fairness versus diplomacy: protecting witnesses in national security cases, W (Algeria) v SSHD [2012] UKSC 8
By Alison Macdonald, Matrix
On 7 March 2012, the Supreme Court gave judgment in seven linked cases, now known as W…
Information Law
Case Comment: Sugar (Deceased) v BBC & Anor [2012] UKSC 4
By Daniel West, Olswang LLP
On 15 February 2012, the Supreme Court handed down judgment in the case of Sugar (deceased)…
Insolvency and Bankruptcy Law
Case Comment: Belmont Park Investments v BNY Corporate Trustee and Lehman Brothers Special Financing [2011] UKSC 38
On 27 July, amidst the traditional flurry of judgments handed down at the end of the Trinity term, a 7 strong Supreme Court (Lords Phillips, Hope, Walker, Hale, Mance, Collins and Clarke) gave its ruling in the Belmont Park case, concerning the applic…
Insurance Law
What has been the most significant Supreme Court case to date and why?
Below is the second essay from our runners up in the UKSC Blog essay competition. Jamie Dunn from the University…
Intellectual Property Law
Case Comment: Human Genome Sciences v Eli Lilly [2011] UKSC 51
By Dr Stuart Baran
In order to be patented, an invention must be “susceptible of industrial application”; this is provided…
Legal History
A digression on equity and the Court of Chancery
Foundations of landlord and tenant law – part 3 I had thought of leaving this bit out, as it is not essential to landlord and tenant law. But it is an important part of our legal history and comes into all sorts of things, so I thought I had better just mention it. Anyway it…
Local Government Law
Case Comment: Brent LBC & Ors v Risk Management Partners Ltd [2011] UKSC 7
Court of Appeal decision overturned in first procurement case to reach Supreme Court.
On 9 February 2011, the Supreme Court handed down its first procurement law judgment ([2011] UKSC 7). In this case (on appeal from [2009] EWCA Civ 490), a five-judge …
Media and Entertainment Law
Case Comment: Spiller v Joseph and others [2010] UKSC 53
The Supreme Court yesterday handed down judgment in the case of Joseph v Spiller ([2010] UKSC 53), the first time it has considered a libel case since its inception. The panel consisted of Lords Phillips, Rodger, Walker and Brown and Sir John Dyson. …
Personal Injury Law
Case Comment: AB v MoD [2012] UKSC 9
By Daniel West
On 14 March 2012, the Supreme Court handed down their long-awaited judgment in the case of AB v…
Planning and Environment Law
Planning Enforcement Orders
The Localism Bill is set to proceed to the Report Stage in the House of Commons on 17th May, followed by…
Property Law
Morston Whitecross Limited v. Falkirk Council, [2012] CSOH 97, 8 June 2012
Outer House case concerning the extent of a public road (the A801) at Whitecross near Linlithgow. The question for the…
Public and Administrative Law
Election Offence
Watkins v Woolas, QBD, 5 November 2010
In the General Election held on 6 May 2010 Philip Woolas (“the Respondent”), who…
Regulatory Law
Case Comment: R (Coke-Wallis) v ICAEW [2011] UKSC 1
Can a professional or regulatory body suspend one of its members, when it had let him off at a first disciplinary hearing, but then found against him at a second? That was the issue in Coke-Wallis, where the Supreme Court was asked by Mr Coke-Wallis,…
Tax Law
Case Comment: R (Davies & Anor) v HMRC; R (Gaines-Cooper) v HMRC [2011] UKSC 47
On 19 October 2011, the Supreme Court (Lord Hope, Lord Walker, Lord Mance, Lord Clarke and Lord Wilson) released its decision in the joined cases of R (Davies & Anor) v The Commissioners for Her Majesty’s Revenue & Customs and R (Gaines-Coop…
Trusts and Estates Law
Introduction to inheritance tax
A short video introducing the principles of inheritance tax in England & Wales.
Welfare and Benefits Law
Case Comment – R (McDonald) v Royal Borough of Kensington & Chelsea [2011] UKSC 33
By Stephanie Smith, Olswang
In this case, the issue for their Lordships was the lawfulness of the respondent council’s proposal to…
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