Tag: corporate law articles

This Week in the Supreme Court – week commencing 9th January 2023 – UKSCBlogThis Week in the Supreme Court – week commencing 9th January 2023 – UKSCBlog

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 Week in the Supreme Court – week commencing 19th December 2022 – UKSCBlogThis Week in the Supreme Court – week commencing 19th December 2022 – UKSCBlog

On Wednesday 14th December the Supreme Court will hand down two judgments. The hand-downs will take place at 9:45 a.m. in Courtroom One:

  • Stanford International Bank Ltd (In Liquidation) v HSBC Bank PLC, on appeal from [2021] EWCA Civ 535. The Court was asked to consider whether an insolvent company suffers any loss if payments are made out of its bank accounts which discharge a debt owed by that company in an equivalent amount.
  • Candey Ltd v Crumpler and another (as Joint Liquidators of Peak Hotels and Resorts Ltd (In Liquidation)), on appeal from [2020] EWCA Civ 26. The

McCulloch and others (Appellants) v Forth Valley Health Board (Respondent) (Scotland) – UKSCBlogMcCulloch and others (Appellants) v Forth Valley Health Board (Respondent) (Scotland) – UKSCBlog

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

McCulloch and Ors v Forth Valley Health Board – UKSC BlogMcCulloch and Ors v Forth Valley Health Board – UKSC Blog

In this post, Anna Walsh (Partner) and Nicole Ellerby (Associate) in CMS’ medical malpractice team considered the awaited decision from the Supreme Court in the Scottish case of McCulloch and Ors v Forth Valley Health Board [2021] CSHI 21.

Overview

The appeal of the decision in McCulloch and Ors v Forth Valley Health Board [2021] CSIH 21 was heard by the Supreme Court on 10 May 2023. The issues appealed to the Supreme Court concern the legal test to be applied when determining whether an alternative course of treatment is reasonable in addition to whether the courts erred in their

‘No pressure involved’ in phone call to Arizona governor over 2020 election results‘No pressure involved’ in phone call to Arizona governor over 2020 election results

WASHINGTON — Former Vice President Mike Pence confirmed that he called former Arizona Gov. Doug Ducey at Donald Trump’s request to discuss the 2020 election results, but insisted that Trump never pressured him to find evidence to back up his unsubstantiated claims of voter fraud.

“I did check in, with not only Gov. Ducey, but other governors and states that were going through the legal process of reviewing their election results,” Pence said in an interview aired Sunday on CBS News’ “Face the Nation.” “But there was no pressure involved. I was called to get an update. I passed along

UPDATE 1-Ukraine’s Naftogaz takes legal action in US against Russia over Crimea compensationUPDATE 1-Ukraine’s Naftogaz takes legal action in US against Russia over Crimea compensation

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June 23 (Reuters) – Ukrainian state-owned energy company Naftogaz said on Friday it had taken legal action in the United States against Russia to recover $5 billion awarded in the Hague as compensation for damages and lost property in Crimea.

It said it had filed a motion in the United States District Court for the District of Columbia, and that it had the right to do so as the US is among countries hosting Russian assets.

Russia, which launched a full-scale invasion of Ukraine in February 2022, seized Crimea in 2014 and annexed the peninsula, triggering sanctions from

R (on the application of Maguire) v His Majesty’s Senior Coroner for Blackpool & Fylde and another [2023] UKSC 20 – UKSC BlogR (on the application of Maguire) v His Majesty’s Senior Coroner for Blackpool & Fylde and another [2023] UKSC 20 – UKSC Blog

This appeal is concerned with the conduct of an request into the death of Ms Jacqueline Maguire (“Jackie”) who died in hospital on 22 February 2017, and the impact upon this of article 2 of the European Convention on Human Rights (the “Convention ”), which concerns the right to life.

Jackie, who had Down’s Syndrome, lived in a care home for adults requiring round-the-clock supervision. In order to ensure she could be kept at the home under proper supervision, she was subject to a standard authorization for deprivation of liberty made under the Mental Capacity Act 2005. In the weeks

CBP Targets Battery Tech for UFLPA EnforcementCBP Targets Battery Tech for UFLPA Enforcement

Customs and Border Protection (CBP) recently indicated potential increased scrutiny of battery technology under the Uyghur Forced Labor Prevention Act (“UFLPA,” or the “Act”). Although the Act covers essentially all trade touching China’s Xinjiang region, it specifically lists cotton, polysilicon, and tomatoes as high-priority sectors for enforcement. Recent CBP actions indicate battery technologies are also in CBP’s sights, reflecting UFLPA’s broad scope and increased Congressional scrutiny of these supply chains.

In December 2022 Senate Finance Committee Chair Ron Wyden (D-Oregon) launched an investigation into eight automakers’ potential links to China’s Xinjiang region (allegedly to source parts, including batteries, wiring and