On appeal from [2022] NICA 15

These proceedings challenge the lawfulness of the Northern Ireland Protocol (“the Protocol”), which formed part of the agreement between the United Kingdom (“the UK”) and the European Union (“the EU”) regarding the UK’s exit from the EU . The Protocol was given legal effect by section 7A (“section 7A”) of the European (Withdrawal) Act 2018 (“the 2018 Act”).

The Appellants rely on three grounds of appeal.

Ground One argues the Protocol is incompatible with Article VI of the Acts of Union 1800 (“Article VI”), the Acts which provided for the Union of Great Britain

Author: Dr Marion Oswald

Last week, Rt Hon. Lord Geidt resigned as the Independent Adviser on Ministers’ Interests, citing – as the straw that broke the camel’s back – a still rather opaque issues relating to international lawputting him ‘in an impossible and odious position’. This non-statutory role advises the Prime Minister on the Ministerial Code, which requires Ministers to uphold the highest standards of property, comply with the law, protect the integrity of public life and observe the Seven Principles of Public Life. The role now stands vacant, with uncertainty as to whether Lord Geidt will be

UPDATES: The Rochester City School District is closed today, as are several districts south of Monroe County.

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School officials will be monitoring the weather closely as a mass of bitter cold air slides into the Rochester area this week.

Wind chill values ​​on Friday are forecast to be in the negative teens, not far from the point where cancellations are recommended.

Each school district in the area determines whether schools should close for the day, but Monroe County’s Department of Public Health offers a guideline to help educators determine how cold is too cold to have school.

Both the

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

In this post, Erin Crawley, a trainee solicitor in the Infrastructure, Construction and Energy Disputes team at CMS, comments on the case of McCue (as guardian for Andrew McCue) v Glasgow City Council [2023] UKSC 1.

On 11 January 2023, the Supreme Court unanimously dismissed the appeal in McCue (as guardian for Andrew McCue) v Glasgow City Council [2023] UKSC 1, finding that Glasgow City Council’s (“the Council”) charging policy for community care services was not discriminatory. The decision, in favor of the Council, was handed down approximately two months after the case was heard by the Supreme Court.

Factual

Hearings in the Supreme Court are now shown live on the Court’s website.

On monday 30^th and Tuesday 31^st January 2023 the Court will hear Jones v Birmingham City Council and another, on appeal from [2018] EWCA 1189. The issue in this case is whether Part 4 of the Policing and Crime Act 2009 is incompatible with Article 6 of the European Convention on Human Rights. In 2016 an interim injunction was granted preventing the appellant from entering a large part of central Birmingham, save for exceptional circumstances, on account of his alleged involvement in gang-related activities.

On

In this post, Eilidh Douglas, Senior Associate in the ICE Disputes team at CMS, previews the case of Republic of Mozambique v Privinvest Shipbuilding SAL (Holding) and Ors, which was heard by the UK Supreme Court on 24 and 25 January 2023.

Factual Background

The appellant is the Republic of Mozambique (“the Republic”). The case relates to the development of the Republic’s economy and in particular, the opportunities afforded by its coastline and territorial waters for tuna fishing and gas exploitation.

Through three special purpose vehicles (the “SPVs”) wholly owned by the Republic, it entered into three contracts (the “Contracts”)