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Civil Law

(UK) The Court Considers the Question of Whether Secured Creditor Consent is Required to an Administration Extension Again. “Too Good” to be True?

No, it isn’t. We now have two cases where the Court has confirmed that insolvency practitioners do not need the consent of paid secured creditors when extending an administration under para. 78 of Schedule B1 of the Insolvency Act 1986 (the “Act”).

In Boughey & Anor v Toogood International Transport and Agricultural Services Ltd [2024] EWHC 1425 (Ch) (“Toogood”)the judge agreed with the conclusions reached in the recent Pindar case – see our blog on this – concerning the interpretation … Read the rest

Supreme Court

Supreme Court once again considers the “categorical approach” to sentencing enhancements

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

The Supreme Court cleared out quite a bit of its backlog of relisted cases at last week’s conference. For starters, it granted review in City and County of San Francisco v. Environmental Protection Agency, concerning how specific Clean Water Act pollutant discharge permits have to be. But the court denied review in … Read the rest

Supreme Court

Justices again side with Biden on ghost guns

Less than three months after allowing the Biden administration to temporarily reinstate a rule by the Bureau of Alcohol, Tobacco, Firearms, and Explosives regulating “ghost guns,” the Supreme Court blocked a ruling by a federal judge in Texas that would have prevented the government from enforcing the rule against two manufacturers of gun parts. Appealing to the justices to act, U.S. Solicitor General Elizabeth Prelogar had urged the court not to “tolerate such circumvention of its orders.”

Ghost guns … Read the rest

Civil Law

Financial Ombudsman Service compensation limit increased again – by more than 10%

The Financial Conduct Authority confirmed last month that the limit for compensation that can be awarded by the Financial Ombudsman Service (“FOS”) will be raised from £375,000 to £415,000, for complaints made after 1 April 2023 relating to acts or omissions on or after 1 April 2019 – an increase of over 10%.

A lower limit of £190,000 applies to any complaints made from 1 April 2023 relating to events that occurred prior to 1 April 2019 – again an … Read the rest

Supreme Court

Justices asked to weigh in again on “mixed” questions in immigration appeals

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

When a noncitizen receives a final deportation order from immigration officials, they can appeal their case to federal court – but only under narrow circumstances. This week, we highlight cert petitions that ask the court to consider, among other things, whether courts can review a claim that a person’s deportation … Read the rest

Supreme Court

Justices asked again to consider the consequence of biased jurors

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

The Supreme Court has ruled that the seating of a biased juror can violate the constitutional right to an impartial jury. It has stopped short, however, of holding that the violation is so stark as to constitute a “structural error” requiring automatic reversal under the Sixth Amendment, and state courts … Read the rest