When we are thinking about the people who hand down legal judgments our wishful thinking lets us hope that they are entirely neutral and applying the law in an even and fair-handed way. In reality we know they aren’t some sort of semi-divine beings who
marcuscleaver · Halliburton Co. v Chubb Bermuda Insurance Ltd. [2020] UKSC 48 Questions arose about the impartiality of an arbitrator after he accepted appointments from one of the parties in other disputes and failed to disclose them. The Supreme Court had to decide whether this
As we enter into the third week of a national lockdown the signs of hope are still relatively dim. Cases and deaths are still extraordinarily high to an extent that has not been seen since the virus first hit these shores. The vaccination effort is
marcuscleaver · Franked Investment Income Group Litigation [2020] UKSC 47 While the limitation period for claims is six years, the precise date on which this starts is not clear in cases of mistake. Over the years attempts to clarify the law have not moved things
As a society suicides are something that we should always seek to prevent whether that is by removing the means for committing suicide or simply providing better mental healthcare. Sadly it will never likely be possible to reduce the number to zero but that should
marcuscleaver · R (Maughan) v HM Senior Coroner for Oxfordshire [2020] UKSC 46 The civil and criminal standard of proof are generally pretty easy to distinguish but the lines get blurred when there is an inquest into a suspicious death. In this case the Supreme
Some terms of a contract will have more importance than others. Originally s. 11 of the Sale of Goods Act 1893 makes a distinction based on what should happen when there is a breach:* breach of a condition give the right to treat the contract
There remain very few people who still advocate for the extradition of Julian Assange to the United States. From across the political spectrum in the UK, today’s decision to refuse the claim of U.S. authorities was broadly welcomed. At its heart the prosecution of a
marcuscleaver · Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd [2020] UKSC 45 In a difficult decision the Supreme Court had to balance the interests of a Children’s Cancer Trust against new affordable housing. At the heart of the dispute were restrictive covenants and