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Tort law: In determining the damages payable for pain, suffering and loss of amenity due the Civil Liability Act 2019 should be used in the case of whiplash injuries and common law awards should be applied in non-whiplash injuries. [10] Secretary of State for Business and Trade (Respondent) v Mercer [2024] UKSC 12: 17 April 2024 Labour law
UK Tax Law, Value Added Tax: Judgment following a referral to the Court of Justice of the European Union [d] (CJEU) in a previous supreme court case (see 2020 UKSC 15). The CJEU had confirmed that a trader could not recover VAT on supplies made to it where the original supplier and HMRC had mistakenly treated the original supplies as exempt ...
The two-stage test for vicarious liability applies equally to cases of sexual abuse. Merely satisfying the 'but-for' test does not suffice to fulfill the second stage, which is the close connection test. In complex cases, it can be helpful to assess whether the outcome aligns with the underlying policy to ensure justice is served. [1]
The case summaries below are not official or authoritative. Unless otherwise noted, cases were heard by a panel of 5 judges. Cases involving Scots law are highlighted in orange. Cases involving Northern Irish law are highlighted in green. List of judgments of the Supreme Court of the United Kingdom delivered in 2009
The court ruled that section 1 of the Defamation Act 2013 imposed a new threshold over the common law interpretation of defamation, being that the harm caused had to be serious. It was found that the damage to reputation of the individual in this case did not cause serious harm. [27] Samuels v Birmingham City Council [2019] UKSC 28: 12 June
Tax Law, Advance corporation tax, Limitation Act 1980: The Limitation Act 1980 applies to claims for restitution of monies paid under a mistake of law. The six-year period allowed under the Limitation Act applies from the date on which the claimant has discovered the mistake (or could have reasonably discovered it) rather than the date on which ...
The scheme will cover public law cases, for example, those involving local authorities, private law cases such as custody battles between separated parents, and financial remedy disputes.
This concept of the rule of the law can, therefore, be upheld by even the most tyrannical dictatorship. Such a regime may allow for the normal operation of courts between private parties, and the limited questioning of the government within a dictatorial framework. [1] Whether the rule of law can truly exist without democracy is debated.