Tom Spencer: The Sovereignty of Parliament, the Rule of Law, and the High...
‘The treatment of ouster clauses in R (Privacy International) v Investigatory Powers Tribunal has been said to violate parliamentary sovereignty. This post disagrees. That assertion, it argues,...
View ArticleExtent of jurisdiction to award compensation under section 7(2) of the Party...
‘The question of just how wide a party wall surveyor’s jurisdiction is to award compensation to an adjoining owner (under section 7(2) of the Party Wall Act 1996) has been the subject of a considerable...
View ArticleHigh Court to consider scope of provisional assessment appeal – Litigation...
‘The High Court is set to rule on whether a party’s right to appeal from an oral hearing that follows a provisional assessment is limited to decisions made at the hearing.’ Full StoryLitigation...
View ArticleEquality and Homeless Appeals – Nearly Legal
‘Adesotu v Lewisham London Borough Council (2019) EWCA Civ 1405. We first saw this case as a county court appeal where the central issue was whether Equality Act 2010 issues could be raised and decided...
View ArticleDiscrimination claims and s204 appeal – Local Government Lawyer
‘The Court of Appeal has ruled that there is no home for discrimination claims in section 204 appeals, write Dean Underwood and Riccardo Calzavara.’ Full StoryLocal Government Lawyer, 13th August...
View ArticleFamily court has jurisdiction to review its findings of fact, says Court of...
‘The family court has the statutory power to review its own decisions and challenges to findings of fact on the basis of further evidence do not have to be by way of appeal only, the Court of Appeal...
View ArticleHomeowners beware – adjudication can catch you out – Practical Law:...
‘For the litigators among you, it is also summer recess in the courts, which means there is often very little new to write about. Therefore, I was quite pleased to see Waksman J’s judgment in ICCT Ltd...
View ArticleExclusive Jurisdiction for Company Law Claims Under Article 24 (2) of the...
‘On 29 July 2019, the Supreme Court handed down its decision in Akçil and others v Koza Ltd and another [2019] UKSC 40 (see Supreme Court judgment) unanimously overturning the decision of the Court of...
View ArticleAkcil & Ors v Koza Ltd & Anor [2019] UKSC 40 – Hardwick Chambers
‘The first respondent (“Koza Ltd”) was a private company incorporated in England in March 2014. Koza Ltd was a wholly owned subsidiary of the sixth appellant (“Koza Altin”), a publicly listed company...
View ArticleRectification Rectified – FSHC Group Holdings Ltd v GLAS Trust Corporation...
‘In this key decision, the Court of Appeal gives detailed consideration to the principles underpinning various doctrines in contract to ascertain the correct test for rectification of a written...
View ArticleCourt cannot deviate from six month limit for cross-border merger...
‘The High Court in England has ruled that the EU’s cross-border merger regulations meant that a pre-merger certificate from an EU member state court cannot be more than six months old when hearing an...
View ArticleThe extent of the inherent jurisdiction – Local Government Lawyer
‘Christine Cooper reports on an unusual inherent jurisdiction case that recently went before a High Court judge.’ Full StoryLocal Government Lawyer, 6th September 2019Source:...
View ArticleAlan Greene: Miller 2, Non-justiciability and the Danger of Legal Black Holes...
‘In R (Miller) and Others v The Prime Minister (hereinafter Miller No.2), the High Court of England and Wales found that the decision of the Prime Minister to advise the Queen to prorogue parliament...
View ArticleParliament was not prorogued: Michael Zander QC assesses the Supreme Court’s...
‘The decision of the Supreme Court is remarkable for many reasons. One is that it was produced in such a short time. Another, of immense importance, is that it is unanimous. A third is that it rejects...
View ArticleFamily courts hearing FGM cases do not have jurisdiction to injunct Home...
‘There is no jurisdiction for a family court to make a FGM (female genital mutilation) protection order against the Home Secretary to control the exercise of her jurisdiction with respect to matters of...
View ArticleEp 95: A Rogue Prorogation – Law Pod UK
‘Emma-Louise Fenelon talks to Jo Moore and Jon Metzer from 1 Crown Office Row about the UK Supreme Court decision in R (Miller) v The Prime Minister and Cherry & Ors v Advocate General for...
View ArticleBatei Din and arbitration awards: Sterling – Law & Religion UK
‘An interesting case involving the extent to which arbitration awards by religious courts are enforceable at civil law has recently come before the Chancery Division of the High Court.’ Full StoryLaw...
View ArticleThe limits of the inherent jurisdiction (1) – Local Government Lawyer
‘Mr Justice Cobb recently handed down two important decisions on the scope of the inherent jurisdiction at the border of the Mental Capacity Act 2005. In the first of two articles on these rulings, the...
View ArticleAll Hale Parliament: Responding to the Reith Lectures – UK Human Rights Blog
‘Lady Hale has thrown her wig into the debate on whether the law, represented by the courts, is gaining power while politics in Parliament is losing it. She is not the first to critique Lord Sumption’s...
View ArticleConsidering crystallisation: what dispute should (or can) you refer to...
‘It’s a scenario we see all too often. Employer meets contractor. Employer and contractor enter into a contract and, for a while, everything seems rosy. Then, as the project progresses, unresolved...
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