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29 July 2020 / Alec Samuels
Issue: 7897 / Categories: Features , In court , Constitutional law
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A Supreme review & a constitutional revolution

Alec Samuels details a decade of the UK Supreme Court

In brief

  • Independence and identity.
  • Constitutional, public law and human rights issues.
  • A separation of powers.

The creation of the UK Supreme Court a decade or so ago was a constitutional revolution. The judges left the House of Lords. They obtained their own building. They look to be a new institution. They are now called justices. They are no longer peers, but knighted, appointed to the Privy Council, and given the courtesy title of Lord or Lady. How is the institution working?

Independence

The Supreme Court has developed a strong sense of independence and identity, sitting in its own building in Parliament Square, virtually running its own affairs, managing its own budget, appointing the chief executive who determines the staffing, making its own rules, and controlling its own docket, about 70 cases a year. Modern technology is used to the full. The justices and counsel are unrobed. The proceedings are transparent, and televised, and oral and

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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