31 August

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The Supreme Court of UK holds that the nature of the prosthetic hip is such that there can be no entitlement to an absolute level of safety hence it is natural for a prosthesis to wear and to shed metal debris that can cause soft tissue damage, so that of itself cannot be a defect

[ad_1] Hastings v Finsbury Orthopaedics Ltd and another Supreme Court of the United Kingdom [2022] UKSC 19 Lord Reed, President & SCJ; Lord Kitchin, Lord Stephens, Lady Rose and Lord Lloyd-Jones, SCJJ June 29, 2022 Reported by Faith Wanjiku and Bonface Nyamweya Download the Decision Constitutional Law - consumer rights- physical well-being and property of the consumer- protection of the physical well-being and property of the consumer- producer’s liability for damage caused by a defect in his product- where the appellant underwent a metal-on-metal total hip replacement and later a revision of the hip implant in his left hip- where the appellant claimed that...

31 August

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The Supreme Court of UK holds that the litigation process adopted by the Court of Appeal was flawed as it did not adequately assess the prospects of various options to mitigate the risk of sexual harm pursuant to the care orders made

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[ad_1] In the matter of H-W (Children)In the matter of H-W (Children) (No 2) [2022] UKSC 17 Supreme Court of the United Kingdom Lord Hodge, DP and SCJ; Lord Kitchin, Lord Burrows, Lord Hughes & DS Keegan, SCJJ June 15, 2022 Reported by Faith Wanjiku and Bonface Nyamweya Download the Decision Family law-child custody- child protection and restraining orders- care orders- where care orders for the removal of three of the 1st appellant’s children into foster care were made without considering the safety of the children- whether it was necessary as a matter of law to assess the likelihood that, if left in the 1st appellant’s...

31 August

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270 months, which amounts to an additional ten years over the presumptive 150-months sentence, is the appropriate sentence for a peace officer charged with second degree murder resulting from failing to treat a person with respect and the dignity owed to all human beings

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[ad_1] State of Minnesota v Derek Michael Chauvin No. 27-CR-20-12646 of 2021 District Court of the State of Minnesota PA Cahill, DCJ April 20, 2021 Reported by Faith Wanjiku and Bonface Nyamweya Download theDecision Criminal law- arrest-refusal of arrest- use of reasonable force to arrest an offender who refused arrest- unreasonable force in holding a handcuffed offender- where the victim who had used a counterfeit $20 bill at Cup Foods in Minneapolis refused arrest claiming he was claustrophobic, anxious and could not breathe- where the victim continued to resist arrest and the defendant placed him in a maximal restraint technique- where two of the defendant’s...

31 August

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The Supreme Court of the United Kingdom holds that the Electronic Communications Code 2017 rights will include the right to install and maintain power cables to the electronic communications apparatus and to exercise rights of access to maintain the electronic communications apparatus

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[ad_1] Cornerstone Telecommunications Infrastructure Ltd and On Tower UK Ltd v Compton Beauchamp Estates, Ashloch Ltd and AP Wireless II (UK) Ltd [2022] UKSC 18 The Supreme Court of the United Kingdom Lord Hodge, DP and SCJ; Lord Sales, Lord Leggatt, Lord Burrows & Lady Rose, SCJJ Reported by Faith Wanjiku and Bonface Nyamweya Download the Decision Contract law- lease- rights under a lease agreement- expiry of a lease agreement- jurisdiction to confer rights in a lease agreement- where Vodafone Ltd had a ten-year lease to a site, running from 2014- where the lease granted Vodafone Ltd the right to install and use the mast-...

31 August

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The Supreme Court of the United Kingdom holds that when determining an application to reconsider a final judgment and/or order before the order has been sealed, a court should not start from evenly–balanced scales but should give great weight to the finality principle

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[ad_1] Federal Airports Authority of Nigeria v AIC Ltd [2022] UKSC 16 The Supreme Court of the United Kingdom Lord Hodge, DP and SCJ; Lord Briggs, Lord Sales, Lord Hamblen & Lord Leggatt, SCJJ June 15, 2022 Reported by Faith Wanjiku and Bonface Nyamweya Download the Decision Civil practice and procedure -judgements- judgement and enforcement orders- sealing of judgement and enforcement orders- a court’s discretion to reconsider a judgment and order after it had been given but before the formal order had been sealed by the court- where the appellant had been ordered by court to pay US$48.13m to the respondent, plus interest at 18%...

31 August

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The Supreme Court of US holds that §3172 of Washington’s law facially discriminates against the federal government and its contractors because it does not clearly and unambiguously waive the government’s immunity from discriminatory state laws, thus it is unconstitutional

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[ad_1] United States v Washington et al No. 21–404 Supreme Court of the United States Breyer, SCJ June 21, 2022 Reported by Faith Wanjiku and Bonface Nyamweya Download the Decision Devolution-state law vis-a-vis federal law- federal government’s immunity from discriminatory state laws- discriminatory state laws- where the respondent state enacted a workers’ compensation law that applied only to certain workers at a federal facility in the state who were engaged in the performance of work, either directly or indirectly, for the petitioner- where the petitioner brought suit against the respondent state, arguing that the respondent state’s law violated the supremacy clause by discriminating against the federal...

31 August

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The Supreme Court of the United States holds that the government’s rescission of the Migrant Protection Protocols 2019, did not violate section 1225 of the Immigration and Nationality Act, and the October 29 memoranda which again announced the termination of the Migrant Protection Protocols, 2019 constituted final agency action

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[ad_1] JR Biden et al v Texas, et al No. 21–954 Supreme Court of the United States Roberts, CJ & SCJ; Breyer, Sotomayor, Kagan, Kavanaugh, Alito, Thomas, Gorsuch & Barrett, SCJJ June 30, 2022 Reported by Faith Wanjiku and Bonface Nyamweya Download the Decision Immigration law-immigrationpolicy-the Migrant Protection Protocols, 2019-aliens arriving on land from a foreign territory- return of the aliens to their territory pending a proceeding under section 1229a of the 8 USC §1225(b)(2)(C)- where the petitioner’s administration announced that it would suspend the Migrant Protection Protocols, 2019- where the Secretary of Homeland Security issued a memorandum officially terminating the Migrant Protection Protocols, 2019- where the...

31 August

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The Court of Appeal of the United Kingdom holds that the life support system for an incurably sick and dying child can be withdrawn for the best interests of the child

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[ad_1] Hollie Dance and Paul Battersbee v Barts Health NHS Trust and Archie Battersbee (A child by his Children’s Guardian) CA-2022-001392 Court of Appeal of the United Kingdom Sir Andrew Mcfarlane, P & JA; Lady King and Lord Peter Jackson, JJA July 25, 2022 Reported by Faith Wanjiku and Bonface Nyamweya Download the Decision Constitutional law- Bill of Rights-right to life- euthanasia- passive euthanasia- passive euthanasia for the best interests of a dying child- where the 2nd respondent was left in a comatose state after suffering brain damage thought to have occurred after he took part in an online challenge at his home- where the 2nd respondent...

31 August

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The Court of Appeal of the United States holds that a patent applicant or owner can overcome anticipation by establishing that the relevant disclosure in the prior-art reference describes their own invention

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[ad_1] LSI Corporation and Avago Technologies v Regents of the University of Minnesota 21-2057 Court of Appeal of the United States Dyk, Reyna & Hughes, JJA August 11, 2022 Reported by Faith Wanjiku and Bonface Nyamweya Download the Decision Intellectual Property law- Intellectual property rights-patents- patentability and unpatentability- conditions for patentability and unpatentability- where the respondent had sued the petitioners for infringement of US Patent No. 5,859,601 (601 patent) in the District of Minnesota- where the 1st petitioner petitioned the Patent Trial and Appeal Board (the board) for inter partes review of the 601 patent, and the board instituted review on claims 13, 14,...

31 August

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The Supreme Court of Appeal of South Africa holds that where there is evidence of abuse of the trust by the trustee in a divorce case involving property distribution, the courts can look behind the trust form in order to prevent its abuse

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[ad_1] MJ K v II K (360/2021) [2022] ZASCA 116 Supreme Court of Appeal of South Africa Zondi, Schippers and Mabindla-Boqwana, JJA; Matojane and Smith, AJJA July 28, 2022 Reported by Faith Wanjiku and Bonface Nyamweya Download the Decision Family law- divorce – property distribution after divorce- parties married out of community of property subject to the accrual system – determination of accrual – whether assets of trusts of which the husband was a trustee and the close corporation of which he was a sole member should be regarded as belonging to husband for purposes of determining the accrual of his estate – what...