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…
In this post, Henry Powell (Associate) and Antoni Hajdon (Of Counsel) in the Real Estate Disputes team at CMS, comment on the case of Barton & Ors v Morris & Anor in place of Gwyn Jones (deceased) [2023] UKSC 3 – handed down on 25 January 2023.
The Supreme Court allowed the appeal by a majority given in the judgment of Lady Rose. The case is considered whether payment of commission / renumeration fell due where the only term for payment that was clearly agreed between the parties was not fulfilled. The use of implied terms or unjust enrichment to…
In this post, Jack Prytherch, Of Counsel in the Tax team at CMS, previews the decision awaited from the Supreme Court in Moulsdale t/a Moulsdale Properties v Commissioners for His Majesty’s Revenue and Customs. The appeal was heard by the Supreme Court on 17 January 2023.
The Supreme Court was asked to consider whether a sale of property by the appellant (“Moulsdale”) was exempt from VAT. More specifically, the Supreme Court considered whether Moulsdale intended or expected that the property sold was or would be a capital item in the hands of the purchaser for the purposes of the Value…
On June 23, 2022, the American Bankers Association and 51 state bankers associations released a letter to the federal financial regulators1 that describes the principles the regulators should use when developing guidance and regulations on environmental, social, and governance (“ESG”) issues (“Industry Letter”).2 These principles reflect the industry’s view on how the government can maintain a free-market financial system that also addresses national and global challenges.
The Industry Letter is driven by growing concern that new ESG regulatory requirements will impede banks’ ability to provide necessary products and services to customers. In this Legal Update, we provide background on new…
Published Tuesday, Jan. 17, 2023 | 11:42 p.m
Updated 0 milliseconds ago
SEATTLE (AP) — The Washington state Supreme Court has brushed aside the final remaining legal hurdle in the way of a $4 billion by Albertsons to its shareholders dividend ahead of a proposed merger with rival Kroger.
The state’s highest court on Tuesday declined to review a case against the dividend brought by state Attorney General Bob Ferguson, The Seattle Times reported.Ferguson had argued that the payment could financially weaken Albertsons and lead to shuttering locations of Albertsons and of Safeway, which Albertsons owns.
In a two-page…
Hearings in the Supreme Court are now shown live on the Court’s website.
On Wednesday 11 January the Court will hand-down judgment in McCue (as guardian for Andrew McCue) (AP) v Glasgow City Council (Scotland) [2023] UKSC 1, on appeal from [2020] CSHI 51. The key issue concerns whether the Respondent’s charging policy for community care services is discriminatory. The Respondent, a local authority, has the power to charge for its services, although certain deductions may be applied to reduce the contribution payable. This appeal concerns the Respondent’s decision to allow only certain deductions together with the validity of the…
This case is concerned with the extent to which a doctor is required, under the duty of care owed to a patient, to inform the patient about alternative possible treatments to the one that is being recommended.
In Montgomery v Lanarkshire Health Board [2015] UKSC 11 (“Montgomery”), the Supreme Court held that a doctor is under a duty to take reasonable care to ensure that the patient is aware of any material risks involved in any recommended treatment, and of any reasonable alternative or variant treatments. Following that decision, the main issue in this case is what test should be…
