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Constitutional law

08 July 2016
Issue: 7706 / Categories: Case law , Law digest , In Court
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R (on the application of Bancoult (No2) v Secretary of State for Foreign and Commonwealth Affairs [2016] UKSC 35, [2016] All ER (D) 173 (Jun)

 

The Supreme Court dismissed the claimant’s appeal against a House of Lords’ decision of 2008 in which that court had decided s 9 of the British Indian Ocean Territory (Constitution) Order 2004 (the 2004 Constitution Order) which decided not to resettle the inhabitants on a British Indian Overseas Territory Island was valid and would not be quashed. The fresh evidence on which the claimant had sought to rely would not have caused the secretary of state to have reached any other conclusion.

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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