On enchantment from: [2020] EWCA Civ 1440 In 1967, planning permission was granted (the 1967 Permission) for a big housing property of 401 dwellings in Snowdonia Nationwide Park (the Web site). The authorised plan (the Grasp Plan) recognized the proposed location of every home and the highway system for the property. The appellant is the […]
Continue ReadingThis 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 […]
Continue ReadingThe public sector equality duty (“PSED”) imposed by section 149 of the Equality Act 2010 is a procedural obligation that requires public bodies to have due regard to the equality needs listed in that section when exercising their functions. This appeal concerns the territorial scope of the PSED. It raises the issue of whether a […]
Continue ReadingOn Tuesday 25th and Wednesday 26th April the Court will hear the case of Independent Workers Union of Great Britain v Central Arbitration Committee and anotheron appeal from [2021] EWCA Civ 952. The Court will consider whether the CAC’s refusal to accept the Union’s application to be recognized by Deliveroo for collective bargaining interfere with […]
Continue ReadingHearings in the Supreme Court are now shown live on the Court’s website. On Wednesday 10th may the Court will hand-down judgment in Jalla and another v Shell International Trading and Shipping Company and another [2023] UKSC 16. The Court will determine whether pollution caused to land and waterways by an offshore oil spill constitutes […]
Continue ReadingIn 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 […]
Continue ReadingIn this post, Ingrida Jakuseva, a paralegal within the Litigation and Arbitration department at CMS, previews the decision awaited from the Supreme Court in R (on the application of Palmer) v Northern Derbyshire Magistrates Court and Anor. The application for permission to appeal will be heard by the Supreme Court on 8 March 2023. The […]
Continue ReadingIn this post, Rachel Free (Partner), Toby Sears (Partner) and Omri Shirion (Associate) of the CMS Intellectual Property team, preview the UK Supreme Court’s upcoming hearing of Thaler v Comptroller-General of Patents, Designs and Trade Marks. This case concerns the treatment under the Patents Act 1977 (the “1977 Act”) of inventions created by artificial intelligence […]
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