![Morgan and others v Ministry of Justice (Northern Ireland) [2023] UKSC 14 – UKSC Blog](https://s0.wp.com/i/blank.jpg "Morgan and others v Ministry of Justice (Northern Ireland) [2023] UKSC 14 – UKSC Blog")
The respondents in this appeal were convicted of terrorism offences. On 13 November 2020, they were sentenced to determine 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 license (eg living in the community while complying with set rules) when they had served half of their sentences.
On 29 April 2021, the Counter Terrorism and Sentencing Act 2021…
This appeal is concerned with the following questions: (1) When the Parole Board is deciding whether or not to direct the release of a prisoner on license, can it only take into account allegations if they are proved on the balance of probabilities? (2) Does the Parole Board’s “Guidance on Allegations” (the Guidance) misstate the law on this issue?
The Parole Board for England and Wales (“the Board”) is responsible for deciding whether or not to direct the early release of prisoners serving various categories of sentences of imprisonment. When making its decision, the Board must be satisfied that it…
In this post, David McKie and Dany Bitar, partners and associates respectively in the litigation team at CMS, preview the decision awaited from the Supreme Court in JTI POLSKA Sp. Zoo and Ors v Jakubowski and Ors.
Overview
This leapfrog appeal was heard by the Supreme Court on 28 February 2023. The case concerns whether a carrier is liable under the Convention on the Contract for the International Carriage of Goods by Road 1956 (“CMR”) for approximately £500,000 in excise duty payable by the owners of a cargo of cigarettes, because of a partial theft of the cargo in the…
On appeal from: [2021] CSHI 29
This appeal concerns whether the appellant (trading as Moulsdale Properties) should have charged value added tax (“VAT”) on the sale price of a property which he sold to a purchaser who had no connection to him in September 2014.
Sales of land and buildings are generally exempt from VAT in accordance with Schedule 9 Group 1 to the Value Added Tax Act 1994 (“VATA”). However, paragraph 1 of Schedule 10 to VATA gives a taxable person an option to tax transactions relating to a particular parcel of land. Where the option to tax is…
TEL AVIV – Israelis on Saturday took to the streets in protests, now in their 11th week, against plans by Benjamin Netanyahu’s hard-line government to overhaul the country’s legal system.
The protesters say the proposed changes undermine the country’s democracy by restricting the power of the Supreme Court. Netanyahu and his allies say the plan is needed to curb what they claim is the excessive powers of unelected judges.
The main protest in the central city of Tel Aviv drew tens of thousands of people who waved Israeli flags and traffic sign banners that read “Dead End!” and “Risk Ahead!”…
Hearings in the Supreme Court are now shown live on the Court’s website.
On monday 13th March and Tuesday 14th march the Court will hear the case of R (on the application of Officer W80) v Director General of the Independent Office for Police Conduct and otherson appeal from [2020] EWCA Civ 1301. The case will consider whether, in the context of police misconduct proceedings, it is open to a reasonable disciplinary panel to make a finding of misconduct if an officer’s honest, but mistaken, belief that his life was threatened was found to be unreasonable. The hearing will begin…
Hearings in the Supreme Court are now shown live on the Court’s website.:
On Monday 6th and Tuesday 7th March 2023 the Court will hear The Manchester Ship Canal Company Ltd v United Utilities Water Ltd No 2on appeal from [2022] EWCA Civ 852. The Court will consider whether The Manchester Ship Canal Company Limited can bring a private law claim in nuisance and/or trespass against United Utilities Water Limited in respect of unauthorized discharges of untreated foul water by UU into the canal. The hearing will begin at 11:00am in Courtroom 47 of the Manchester Civil Justice Centre.
On…
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.
Factual Background
Nuffield Health acquired Merton Abbey (the “Premises”) on August 1, 2016, when it bought the business of Virgin Active. It applied to the London Borough of Merton (“Merton”) for mandatory and discretionary rate relief. The application for mandatory relief was initially granted (representing 80% of the rates otherwise payable). However, following a visit by Council officers in November 2016, Merton withdrew the relief on the basis that…
