33 results for 'court:"Supreme Court of the United Kingdom"'.
J. Sales finds a lower court improperly dismissed the Secretary of State for the Home Department's order to deport a native of Belarus. The native of Belarus argued that he is entitled to remain in the U.K. in order to shed his limbo status. However, the Home Department sufficiently showed in court that he was convicted for carrying a false identity document, which landed him in prison for 10 months. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Sales, Filed On: April 24, 2024, Case #: 2024UKSC13, Categories: Civil Rights, Fraud, Immigration
J. Burrows finds a lower court properly dismissed a driver's motion for further whiplash injuries compensation. The driver argued that the amount of compensation for pain and suffering was inadequate. However, the government sufficiently showed in court that the amount of the award was proportionate to his injuries. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Burrows, Filed On: March 26, 2024, Case #: 2023UKSC11, Categories: Damages, Negligence
J. Burnett finds a lower court improperly placed an extradition order on a defendant. The public prosecutor argued that it was entitled to impose a prison sentence on the defendant for sexual activity with a minor. However, the defendant sufficiently showed in court that he was not deliberately absent under criminal standard of proof based on his unawareness of the charges. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Burnett, Filed On: March 6, 2024, Case #: 24UKSC9, Categories: Sex Offender, Child Victims, Extradition
J. Kitchin finds a lower court improperly dismissed a lifestyle company's trademark claims against Amazon. Amazon argued that it was entitled engage in cross-border Internet marketing sales of the lifestyle company's trademarked goods. However, Amazon failed to obtain consent to use the "Beverly Hills Polo Club" brand on its website. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Kitchin, Filed On: March 6, 2024, Case #: 24UKSC8, Categories: Commerce, Trademark
J. Burnett finds a lower court improperly dismissed a native of Romania's challenge of an extradition order. The government argued that he is extraditable for a charge of burglary, and that he failed to show up to court. However, the Romanian citizen sufficiently showed in court that he was not deliberately absent, and that he is entitled to a retrial. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Burnett, Filed On: March 6, 2024, Case #: 24UKSC10, Categories: Civil Rights, Immigration
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J. Leggatt finds a lower court improperly dismissed a driver's motion for insurance coverage in connection to two car accidents. The insurance company argued that the insured driver was not entitled to damages for "pure economic loss." However, the driver presented sufficient evidence in court that her insurance policy covers negligent damage of property at the hands of a third party. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Leggatt, Filed On: February 14, 2024, Case #: 2024UKSC6, Categories: Insurance, Contract
J. Lloyd- Jones finds a lower court properly dismissed a mail order horticultural grower's unfair tax imposition claims. The horticultural grower argued that the treasury wrongfully imposed value added tax on mail order packets of seeds, which are sent to consumers. However, the tax authority sufficiently showed in court that the horticultural grower engaged in "round tripping" from the U.K. to the Channel Islands to avoid paying taxes. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Lloyd- Jones, Filed On: February 14, 2024, Case #: 2024UKSC5, Categories: Fraud, Tax
J. Jones finds a lower court properly imposed offender recall on a former prisoner. The former prisoner argued that the lower court erred in revoking his prisoner license before placing him back in jail, in violation of his civil rights. However, the Department of Justice sufficiently showed that he was placed in a facility that did not present serious harm. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Jones, Filed On: February 7, 2024, Case #: 2024UKSC4, Categories: Civil Rights
J. Hamblen finds a lower court properly dismissed a voyage charter party's motion for insurance coverage from its insurer. The voyage charter party argued that the insurance company was on the hook to cover losses it incurred after Somali pirates seized its vessel in "high risk seas." However, the insurance company sufficiently showed in court that the voyage charter's policy does not include war risk coverage. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Hamblen, Filed On: January 17, 2024, Case #: 2024UKSC2, Categories: Insurance, Contract
J. Leggatt finds a lower court improperly dismissed a group of separate families' motion for claims of emotional distress. A group of hospital administrators argued that they were not obligated to protect family members from witnessing the deaths of their decedents. However, the families sufficiently showed in court that the administration failed to provide them with mental health services as a result of the deaths, which falls under medical negligence. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Leggatt, Filed On: January 11, 2024, Case #: 2024UKSC1, Categories: Health Care, Negligence, Medical Malpractice
J. Reed finds a lower court properly dismissed a group of travelers and gypsies' challenge of newcomer injunctions ignited by the local City council. The travelers and gypsies argued that they are entitled to set up encampments on certain properties. However, the City council sufficiently showed in court that the groups are obligated to gain permission before taking over plots of land in prominent locations. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Reed, Filed On: November 29, 2023, Case #: 23UKSC47, Categories: Property, Injunction
[Consolidated]. J. Sales finds a lower court properly dismissed two natives of Nigeria and Pakistan's motion to remain in the U.K. The Nigeria and Pakistan natives argued that they are entitled to indefinite leave. However, the home department sufficiently showed in court that both men failed to properly apply for further leave to remain. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Sales, Filed On: November 28, 2023, Case #: 2021EWCA1909, Categories: Government, Immigration
J. Sales finds a lower court properly dismissed a local housing authority's denial of accommodations to a civilian who is wheelchair bound. The housing authority argued that it provided her and her family with adequate accommodations. However, the civilian sufficiently showed in court that the property was unsuitable based on the lack of an accessible toilet on the first floor. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Sales, Filed On: November 28, 2023, Case #: 2023UKSC45, Categories: Ada / Rehabilitation Act, Property, Housing
J. Rose finds a lower court improperly dismissed a tele-betting business owner's challenge of the revenue and customs' imposition of certain tax liabilities. Revenue and customs argued that the business owner failed to pay certain taxes after transferring the enterprise to a location in Gibraltar in order to pay lower betting duties. However, the business owner sufficiently showed in court that the transferor of assets was made by the company and not the individual owners. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Rose, Filed On: November 21, 2023, Case #: 2023UKSC44, Categories: Tax
J. Lloyd- Jones finds a lower court properly dismissed a unionized group of Deliveroo riders' motion to force the company to recognize the union. The drivers argued that they are entitled to collective bargaining rights. However, the central arbitration committee presented sufficient evidence in court that the drivers were not in an employment relationship under the definition of "worker." Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Lloyd- Jones, Filed On: November 21, 2023, Case #: 2023UKSC43, Categories: Arbitration, Labor / Unions
J. Reed finds a lower court properly ruled in favor of a borrower on a lender's contract claims. The lender argued that the borrower breached a credit agreement by failing to make payments on a loan. However, the borrower presented sufficient evidence in court that the predatory lender intentionally applied and concealed exorbitant fees to her loan agreement.
Court: Supreme Court of the United Kingdom, Judge: Reed, Filed On: November 15, 2023, Case #: 2023UKSC41, Categories: Fraud, Banking / Lending, Contract
J. Hodge finds a lower court improperly ruled in favor of a holding company on the tax authority's claims that its executive failed to properly pay income tax. The executive of the holding company argued that he was not subject to income tax after he acquired a securities option. However, the tax authority sufficiently showed in court that the executive is obligated to pay income tax based on his status as an employee. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Hodge, Filed On: October 25, 2023, Case #: 2023UKSC37, Categories: Employment, Tax
J. Reed finds a lower court improperly dismissed human rights claims brought by the daughter of her deceased father. The public authority argued that it was not obligated to make an arrest after her father died in a bomb explosion. However, the daughter presented sufficient evidence in court that police failed to conduct a proper investigation and that she is entitled to an inquest. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Reed, Filed On: October 18, 2023, Case #: 2023UKSC36, Categories: Evidence, Government, Wrongful Death
J. Leggatt finds a lower court properly ruled in favor of two borrowers on consumer credit violations against a bank. The bank argued that it was entitled to sell the borrowers payment protection insurance to cover costs for non- payment. However, the borrowers presented sufficient evidence in court that the bank collected commissions from the insurer without disclosure. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Leggatt, Filed On: October 5, 2023, Case #: 2021cv1832, Categories: Fraud, Consumer Law, Banking / Lending
J. Carr finds a lower court improperly dismissed the Republic of Mozambique's contract claims against a naval ship building company. The ship building company argued that Mozambique is obligated to guarantee loans it took out to forge supply contracts with third parties in a certain economic zone. However, even though Mozambique presented evidence in court that the ship builder took bribes from corrupt officials, both parties are bound to an arbitration clause in the agreement. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Carr, Filed On: September 20, 2023, Case #: A4-202-1467, Categories: Arbitration, Fraud, Contract
J. Hamblen finds a lower court improperly dismissed a civilian’s claims for after care services following a stay in a hospital. The health and social care authority argued that she should be detained in a health care facility based on mental health challenges. However, the civilian’s representation provided sufficient evidence in court that she is able to make a decision as to where she resides. Remanded.
Court: Supreme Court of the United Kingdom, Judge: Hamblen, Filed On: August 10, 2023, Case #: 23UKSC31, Categories: Civil Rights, Health Care, Housing
J. Sales grants the secretary of state for transportation’s motion to appeal a ruling in favor of a group of landowners. The landowners argued that the local authority was entitled to accept or reject certificates of alternative developments. However, the government sufficiently showed in court that the transportation secretary has the final say. Remanded.
Court: Supreme Court of the United Kingdom, Judge: Sales, Filed On: August 10, 2023, Case #: 23UK30, Categories: Constitution, Government, Contract
J. Reed finds a lower court properly dismissed an estate administrator's wrongful death claims against a physician. The estate administrator argued that the physician breached duty of care when she refused to perform alternate treatments on its decedent, who died from heart failure at home. However, the physician sufficiently showed in court that she properly avoided taking material risks by refusing to prescribe an anti-inflammatory drug for pain. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Reed, Filed On: July 12, 2023, Case #: 2023UKSC26, Categories: Civil Rights, Health Care, Medical Malpractice
J. Reed finds a lower court improperly ruled in favor of a customer on negligence claims against a bank. The customer argued that the bank is on the hook for failing to block criminals from accessing her account, which resulted in two transfers of hundreds of thousands of dollars. However, the bank sufficiently showed that the customer, and not the bank, authorized a fraudulent "push- payment" to a third party fraudster. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Reed, Filed On: July 12, 2023, Case #: 2023UKSC25, Categories: Fraud, Banking / Lending
J. Rose finds a lower court properly dismissed a Palestinian refugee's motion to leave Lebanon in order to live in the U.K. The refugee argued that he is entitled to relief based on the country's public sector equality duty as a vulnerable refugee. However, the public sector equality duty only applies to refugees referred by the United Nations Relief and Works Agency. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Rose, Filed On: June 29, 2023, Case #: 23UKSC23, Categories: Civil Rights, Immigration
J. Briggs finds a lower court improperly ruled in favor an investor migrant on the home department's denial of leave to remain in the U.K. The investor migrant argued that she was entitled to remain in the U.K. based on her substantial financial contribution to the government. However, the home department sufficiently showed in court that she invested her money into a company owned by two Russian nationals, which was not a qualifying investment. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Briggs, Filed On: June 22, 2023, Case #: 23UKSC21, Categories: Government, Immigration
J. Sales finds a lower court properly ruled in favor of a coroner on a family's breach of duty against a nursing home. The family argued that their decedent, who has Down's Syndrome and suffered from pneumonia, was deprived of adequate medical care before she died of cardiac arrest. However, the coroner presented sufficient evidence in court that the nursing home applied the proper standard of care. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Sales, Filed On: June 22, 2023, Case #: 23UKSC20, Categories: Health Care, Wrongful Death