![R (on the application of Pearce and others) v Parole Board for England and Wales [2023] UKSC 13 – UKSC Blog](https://s0.wp.com/i/blank.jpg "R (on the application of Pearce and others) v Parole Board for England and Wales [2023] UKSC 13 – UKSC Blog")
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…
NEW DELHI (AP) — More than 100 Indian opposition lawmakers, including members of the Congress party, staged a protest march Thursday after the end of a parliamentary budget session that was marred by shouting and disruptions to proceedings amid a standoff with Prime Minister Narendra Modi’s government.
The demonstrators carried big national flags and chanted slogans warning that India’s democracy is in danger, and accused Modi’s administration of “misusing” government-run investigation agencies to intimidate opposition leaders.They were blocked by police after walking a short distance from the Parliament building and forced to disperse. The opposition leaders from more than…
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…
Often the rights of the individual are in direct opposition to the rights of the public. This issue was recently explored in the blog about Australian Prison surveillance. The further we delve into the question of what’s right, the more confusing this becomes, as what might be right legally may not be right from a freedom of speech perspective.
When neo Nazis fill our web pages with racist and often completely fabricated rhetoric, the majority of people protest and rightly so, demanding that the spread of hate be removed. Some proponents of free speech might argue that this type of…
A recent preliminary ruling by the Court of Justice of the European Union (“CJEU”) in the joint case (C-148/21 and C-184/21) between a luxury fashion brand known for its signature red-soled heels Christian Louboutins and an e-commerce giant Amazons might mark a start of an era of increased accountability of marketplaces in relation to listings of third parties they accommodate on their platforms.The ruling, which is a divergence from prior cases and the Advocate General’s opinion in the case, will likely be seen as good news for brand owners, particularly in the luxury space, and how e-commerce platforms respond…
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…
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…
Some of the largest false advertising jury verdicts were recorded in 2022. This, coupled with increased inflationary pressures will likely lead to an uptick in false advertising suits given that such pressures will impact consumer spending habits, leading to increased scrutiny of competitor advertising practices—particularly in the social media space.This post is one in a series of posts seeking to provide a snapshot of the latest Monster Energy, CareDx and AT&T cases, respectively. The second post will detail the differences between literal and non-literal falsehoods, comparative advertising—and how presumptions can favor plaintiffs when literal falsehoods are proven. It will…
