Commercial Litigation

UK Supreme Court

New Judgment: Fratila and another (AP) v Secretary of State for Work and Pensions [2021] UKSC 53
On appeal from [2020] EWCA Civ 1741 The Respondents are Romanian nationals residing in the UK. They both made applications…
This Week In the Supreme Court – w/c 29th November 2021
Hearings in the Supreme Court are now shown live on the Court’s website. On Tuesday 30th November and Wednesday 1st…
The UKSC Blog interviews Lord Leggatt
On 27 September 2021, Adam Kosmalski and James Warshaw, two editors of the UKSC Blog, met with Lord Leggatt to…
New Judgment: A Local Authority v JB (by his Litigation Friend, the Official Solicitor) [2021] UKSC 52
On appeal from: [2020] EWCA Civ 735 The Respondent commenced proceedings in the Court of Protection seeking declarations under the…
This Week In the Supreme Court – w/c 22nd November 2021
Hearings in the Supreme Court are now shown live on the Court’s website. On Wednesday 24th November, the Court will…
Case Comment: Kabab-Ji Sal (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48
In this post, Richard Bamforth, Jessica Foley, and Julia Czaplinska-Pakowska of CMS comment on the UK Supreme Court’s decision in Kabab-Ji Sal…
This Week In the Supreme Court – w/c 15th November 2021
Hearings in the Supreme Court are now shown live on the Court’s website. On Thursday 18th November, the Supreme Court…
Case Comment: Reference by the Attorney General and the Advocate General for Scotland in relation to two Bills passed by the Scottish Parliament- United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill and Reference by the Attorney General and the Advocate General for Scotland – European Charter of Local Self-Government (Incorporation) (Scotland) Bill [2021] UKSC 42
In this article Joanna Clark, a Professional Support Lawyer at CMS, comments on the recent UK Supreme Court’s decision…
New Judgment: Alize 1954 and another v Allianz Elementar Versicherungs AG and others [2021] UKSC 51
On appeal from [2020] EWCA Civ 293 This appeal concerned the scope of a shipowner’s obligation to exercise due diligence…
New Judgment: Lloyd v Google LLC [2021] UKSC 50
On appeal from: [2019] EWCA Civ 1599 The question raised by this appeal is whether the Respondent can bring a…

UK Immigration

‘Twas the Night Before Christmas, and Santa was filling in UK border forms
In the run-up to Christmas, Santa must be getting ready for his round-the-world trip on the night of 24 December. But this is the first year he will be trying to get in and out of the UK without free movement measures applying. The post-Brexit transition period, extending the application of EU law in the […]
The effect of deportation on children: Imran case reversed
In MI (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1711, the Court of Appeal continues to unpick pre-HA (Iraq) deportation jurisprudence, here reversing the Upper Tribunal decision of Imran (Section 117C(5); children, unduly harsh : Pakistan) [2020] UKUT 83 (IAC). Our unimpressed write-up of the Imran decision at the time […]
Supreme Court overturns expansion of benefits rights for EU citizens
The Supreme Court has overturned last year’s ruling that EU citizens with pre-settled status should be able to claim Universal Credit without having to jump through hoops. The case is Fratila and another v Secretary of State for Work and Pensions [2021] UKSC 53. Pre-settled status allows EU citizens living in the UK before Brexit […]
Inspector reveals broken promises on free visa appointments
The immigration inspector has welcomed an increase in free appointments at visa centres in the UK following a report showing that they have been consistently unavailable. David Neal found that Home Office attempts to keep appointments free despite outsourcing them had “not yet been achieved”. The result has been an extra “financial burden” on migrants […]
No costs awarded where claimant got interim relief but legal issues unresolved
In R (Shahi) v Secretary of State for the Home Department [2021] EWCA Civ 1676 the Court of Appeal held that a grant of interim relief did not entitle a claimant to his costs, where there was no settlement or court determination of the underlying legal issue. Interim relief followed by consent order The case […]
Brook House Inquiry hears from Panorama whistleblower
We are now in the second week of the public inquiry investigating the abuse of Brook House immigration removal centre residents in 2017. This week the inquiry will hear evidence from whistleblower Callum Tulley, whose undercover footage exposed a culture of violence and racist abuse by staff, as seen on BBC’s Panorama investigation. The inquiry […]
It is time to think about rejoining the EU’s Dublin asylum system
The “Dublin system” is the process within the European Union for allocating which country is responsible for deciding asylum applications. Its purpose is, essentially, to force refugees back to their point of entry into the EU, usually Greece, Hungary or Italy. The system began as the Dublin Convention in 1995 but was later incorporated into […]

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Commercial Litigation

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