Case Preview: Playboy Club London Ltd & Ors v Banca Nazionale Del Lavoro SPA
Emma Brendling, trainee solicitor in the litigation and arbitration team at CMS, previews the appeal in Playboy Club London Ltd & Ors v Banca Nazionale Del Lavoro SPA, on which judgment is...
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Case Preview: Rhuppiah v Secretary of State for the Home Department, Part One
What is the Meaning of ‘Precarious’ in Section 117B(5) of the NIAA 2002? Having already heard a string of appeals relating to the meaning of “reasonable” in the Nationality, Immigration and Asylum Act...
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Case Preview: Rhuppiah v Secretary of State for the Home Department, Part Two
The court distinguished EB (Kosovo) [2008] UKHL 41 on the point that without a removal decision protracted delay warrants the ascription of greater weight to a migrant’s personal relationships. The...
View ArticleCase Preview: The UK Withdrawal from the European Union (Legal Continuity)...
Emma Boffey, associate in the disputes team at CMS, previews the reference by the Attorney General and Advocate General for Scotland, concerning the legislative competence of The UK Withdrawal from the...
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Case Preview Round-Up for Trinity Term 2018 in the Supreme Court
Darnley v Croydon Health Services NHS Trust was heard on 7 June 2018. This case is considering whether non-clinically trained reception staff at an A&E department owed a tortious duty of care to...
View ArticleCase Preview: Warner v Scapa Flow Charters (Scotland)
Jacqueline Rédarès, a senior associate at CMS, specialising in health and safety law, provides a preview of the decision awaited from the UK Supreme Court in the matter of Warner (Respondent) v Scapa...
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Poole Borough Council v GN (through his Litigation Friend ‘The Official...
Introduction The broad issue in this case is whether, absent a specific assumption of responsibility, a local authority owes a duty of care to protect a child from foreseeable harm caused by third...
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Case Preview: In the matter of an application by Lorraine Gallagher for...
Introduction This is the latest chapter in the saga concerning the enhanced criminal records certificate regime. How much about a person’s past criminal history is an employer entitled to know?...
View ArticleCase Preview: Dooneen Ltd (t/a McGuines Associates) and anor v Mond (Scotland)
Jennifer Angus and Sophie Gallacher, who both work in the restructuring and insolvency team at CMS, comment on the decision which is awaited in the matter of Dooneen Ltd (t/a McGuines Associates) and...
View ArticleCase Preview: Lachaux v Independent Print Ltd & Anor
Lachaux v Independent Print, Supreme Court to hear “serious harm” appeal On Tuesday and Wednesday 13 and 14 November 2018, the Supreme Court (Lords Kerr, Wilson, Sumption, Hodge and Briggs) will hear...
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Case Preview: Privacy International v Investigatory Powers Tribunal Part One
On Monday and Tuesday, the 3 and 4 December 2018, the Supreme Court (Lady Hale, Lord Reed, Lord Kerr, Lord Wilson, Lord Sumption, Lord Carnwath, and Lord Lloyd-Jones) will hear Privacy International’s...
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Case Preview: Privacy International v Investigatory Powers Tribunal Part Two
Submissions of Privacy International and the Interested Parties Lord Justice Sales recorded the submissions of Privacy International, which, in summary, were that: RIPA 2000, s 67(8) is not drafted in...
View ArticleCase Preview Round-Up for Michaelmas Term 2018 in the Supreme Court
In the matter of D (a child) (expedited) was heard on 3 and 4 October 2018. This case is considering whether the confinement of D, a child aged 16, who lacks capacity or competence to make decisions...
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Case Preview: KV (Sri Lanka) v Secretary of State for the Home Department
What is the correct approach to assessing medical evidence in asylum claims alleging torture? The Supreme Court recently considered the correct approach to the assessment of medical evidence in asylum...
View ArticleCase Preview: Stocker v Stocker
Today, 24 January 2019, five Supreme Court judges (Lord Reed, Lord Kerr, Lady Black, Lord Briggs and Lord Kitchin) will hear Stocker v Stocker UKSC 2018/0045, an appeal against the 12 February 2018...
View ArticleCase Preview Round-Up for Hilary Term 2019 in the Supreme Court
Tillman v Egon Zehnder Ltd was heard on 21st and 22nd January. This case is considering a non-competition covenant. The matter arose in the context of the respondent who, following her termination of...
View ArticleCase Preview: Shanks v Unilever Plc & Ors
Aisling O’Dwyer, an associate in the IP team and Ella Wells, a trainee patent attorney at CMS, comment on the decision which is awaited in the matter of Shanks v Unilever Plc & Ors. In February...
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Case Preview: Patel v Secretary of State for the Home Department; Secretary...
Has Chavez-Vilchez altered the approach to derivative claims for residence in the UK? Sarmiento and Sharpston view Zambrano (C-34/09, EU:C:2011:124), which caused a stir because of the substance of...
View ArticleCase Preview: MacDonald and another v Carnbroe Estates Ltd (Scotland)
Jennifer Angus is an associate in the restructuring and insolvency team at CMS Scotland. Jennifer offers a preview here of the appeal pending in the matter of MacDonald and another v Carnbroe Estates...
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Case Preview: R v Reeves Taylor
In this case, the Supreme Court is considering the interpretation of the term “person acting in an official capacity” in the Criminal Justice Act 1988, s 134(1). s 134 gives the UK universal...
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