Archive for the 'Supreme Court' Category

Couple await supreme court decision over sale of house they shared – The Guardian

“A bungalow in Essex is at the heart of a test case over how unmarried partners who split up should divide their property.”

Full story

The Guardian, 4th May 2011

Source: www.guardian.co.uk

Sumption and Wilson confirmed as new Supreme Court justices – The Lawyer

“The Supreme Court has confirmed the appointment of Jonathan Sumption QC as one of two new justices for the UK’s highest court.”

Full story

The Lawyer, 4th May 2011

Source: www.thelawyer.com

Supreme Court overturns CoA’s Pretty Polly hearing loss ruling – The Lawyer

“The Supreme Court has refused to endorse a Court of Appeal (CoA) ruling on noise induced hearing loss, blocking the progression of what lawyers believe could have been thousands of hearing loss claims.”

Full story

The Lawyer, 13th April 2011

Source: www.thelawyer.com

Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government and another – WLR Daily

Please note that we have been experiencing some difficulties linking to WLR Daily case summaries. If you find that a link does not take you to the case you were expecting, you can also find it by using the ‘case search‘ function on the ICLR website.

Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government and another [2011] UKSC15; [2011] WLR (D) 125

“It was contrary to public policy that a person who had obtained planning permission for the building of a barn, but who had throughout intended to and did build a dwelling house disguised as a barn, and who had by deception concealed his breach of planning permission for four years from the planning authorities, should be able to invoke the immunity from enforcement action which was available under section 171B of the Town and Country Planning Act 1990.”

WLR Daily, 6th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Sumption delays Supreme Court elevation to act in oligarch case – The Lawyer

“Brick Court silk Jonathan Sumption QC is to act as lead counsel for Chelsea FC owner Roman Abramovich in his legal showdown with rival Boris Berezovsky, delaying his expected appointment to the Supreme Court.”

Full story

The Lawyer, 6th April 2011

Source: www.thelawyer.com

Jones v Kaney – WLR Daily

Jones v Kaney [2011] UKSC 13;  [2011] WLR (D)  109

“The immunity from suit for breach of duty that expert witnesses had previously enjoyed in relation to their participation in legal proceedings should be abolished.”

WLR Daily, 30th March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Expert witness immunity removed – The Independent

“Expert witnesses have lost their 400-year-old immunity from being sued in the civil courts.”

Full story

The Independent, 30th March 2011

Source: www.independent.co.uk

We need a more diverse supreme court – The Guardian

“Just two weeks after it was reported that women in the legal professions are still finding it difficult to break through the glass ceiling, here comes another setback. Though an official announcement has yet to be made, it seems that the next two appointments to the supreme court will be men.”

Full story

The Guardian, 29th March 2011

Source: www.guardian.co.uk

Supreme Court New Appointments: Sumption and Wilson – UKSC Blog

“The Supreme Court appointments story is suddenly moving fast. This morning we drew attention to Joshua Rozenberg’s blog on the shortlisting and delays. This afternoon, he tweeted that the new justices had been chosen.”

Full story

UKSC Blog, 24th March 2011

Source: http://ukscblog.com/

UK supreme court to rule on stormtrooper copyright – The Guardian

“This week the justices will be busying themselves with a case consisting of the heady combination of Star Wars, stormtroopers’ protective millinery, clay modelling and international copyright enforcement. These people know how to live.”

Full story

The Guardian, 8th March 2011

Source: www.guardian.co.uk

‘Serious concerns’ over UK Supreme Court change – BBC News

“The Scottish government is to outline its ‘serious concerns’ about plans which it says could threaten the historic independence of Scots law.”

Full story

BBC News, 1st March 2011

Source: www.bbc.co.uk

Hounslow London Borough Council v Powell; Leeds City Council v Hall; Birmingham City Council v Frisby – WLR Daily

Hounslow London Borough Council v Powell; Leeds City Council v Hall; Birmingham City Council v Frisby [2011] UKSC 8; [2011] WLR (D) 64

“In all cases where a local authority was seeking possession of a property which constituted a persons home, including persons who had been granted introductory tenancies pursuant to Part V of the Housing Act 1996 and persons who had been granted a licence of property under the homelessness regime in Part VII of the 1996 Act, the court being asked to make the order for possession had to have the power, pursuant to article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, to consider whether the order would be a proportionate means of achieving a legitimate aim.”

WLR Daily, 25th February 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Forsyth; Regina v Mabey – WLR Daily

Regina v Forsyth; Regina v Mabey [2011] UKSC 9; [2011] WLR (D) 52

“The power under section 1(1) of the United Nations Act 1946 to create a criminal offence by Order in Council so as to enforce a United Nations Security Council Resolution was not restricted to use at or about the same time as when the Resolution had been passed.”

WLR Daily, 23rd February 2011

Source: www.lawreports.co.uk

Please note that once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Supreme Court ruling puts children first in immigration cases – Law Society’s Gazette

“A landmark Supreme Court ruling has put the ‘best interests of the child’ at the centre of decision-making in immigration cases involving the deportation or removal of their parents.”

Full story

Law Society’s Gazette, 10th February 2011

Source: www.lawgazette.co.uk

Britain’s Supreme Court – More 4

“This gripping, feature-length documentary charts the first year in the life of Britain’s new Supreme Court – the highest court in the land. With unprecedented access the film meets the judges, lawyers and ordinary people whose cases will have a far-reaching effect on the everyday lives of others across the UK.”

4oD link

More 4, 8th February 2011

Source: www.channel4.com

Supreme Court independence ‘threatened’ by funding – BBC News

“The president of the UK’s Supreme Court has warned that its independence cannot be properly guaranteed because of the way it is funded by the government.”

Full story

BBC News, 9th February 2011

Source: www.bbc.co.uk

Supreme Court to allow tweeting – The Independent

“Tweeting is to be allowed from hearings at the highest court in the land, it was announced today (3 February).”

Full story

The Independent, 3rd February 2011

Source: www.independent.co.uk

Supreme Court issues guidance on courtroom twitter use – Law Society’s Gazette

“The Supreme Court has today given the ‘green light’ to allow people to ‘tweet’ from inside the courtroom. It has issued guidance on the use of live text-based communication by legal teams, journalists and members of the public of what is going on in court.”

Full story

Law Society’s Gazette. 3rd February 2011

Source: www.lawgazette.co.uk

Supreme Court widens definition of violent abuse – Law Society’s Gazette

“Solicitors have welcomed a Supreme Court ruling that domestic violence extends beyond physical contact to include other forms of violent conduct.”

Full story

Law Society’s Gazette. 3rd February 2011

Source: www.lawgazette.co.uk

The Highest Court in the Land: Justice Makers – BBC Four

“They are the UK’s most powerful arbiters of justice and now, for the first time, four of the Justices of the Supreme Court talk frankly and openly about the nature of justice and how they make their decisions. The film offers a revealing glimpse of the human characters behind the judgments and explores why the Supreme Court and its members are fundamental to our democracy.”

BBC iPlayer link

BBC Four, 28th January 2011

Source: www.bbc.co.uk

Anger over courtesy titles for supreme court justices – The Guardian

“A simmering row at the supreme court has resulted in a decision by the Queen to give all justices ‘courtesy titles’ of lord or lady.”

Full story

The Guardian, 17th January 2011

Source: www.guardian.co.uk

Top judges to take centre stage in busy year for the Supreme Court – The Lawyer

“As the High Court deals with a flood of cases spinning out of the global recession, senior judges in the Supreme Court can also expect their diaries to be hectic in 2011.”

Full story

The Lawyer, 10th January 2011

Source: www.thelawyer.com

More QCs on our TVs – The Guardian

“When the UK supreme court opened for business just over a year ago one of its most exciting innovations was that, for the first time in the UK, hearings would be filmed and recordings made available to broadcasters.”

Full story

The Guardian, 1st December 2010

Source: www.guardian.co.uk

Supreme Court ‘under review’ as legal quangos face axe – Law Society’s Gazette

“Solicitors have voiced deep concern about the future of the Supreme Court, after it appeared on a leaked list of public institutions and quangos facing review or abolition by the coalition government.”

Full story

Law Society’s Gazette, 30th September 2010

Source: www.lawgazette.co.uk

Supreme court status should not be at risk in ‘bonfire of the quangos’ – BBC News

“Coalition must safeguard separation of powers and the rule of law when considering status of UK supreme court.”

Full story

BBC News, 24th September 2010

Source: www.bbc.co.uk

Baroness Brenda Hale: “I often ask myself ‘why am I here?’ – The Guardian

“Supreme court judge, Baroness Brenda Hale, on the highlight of the court’s first year, selling bottled water and becoming known as ‘Ms Diversity.’ ”

Full story

The Guardian, 16th September 2010

Source: www.guardian.co.uk

MPs’ expenses case to be heard by Supreme Court – Daily Telegraph

“Three former Labour MPs facing criminal trials over expenses-fiddling allegations have been cleared to go to the Supreme Court in their bid to have the charges thrown out.”

Full story

Daily Telegraph, 14th September 2010

Source: www.telegraph.co.uk

Barry George in court fight for compensation – BBC News

“Barry George, who was acquitted of the murder of television presenter Jill Dando, takes his battle for compensation to the High Court later.”

Full story

BBC News, 25th August 2010

Source: www.bbc.co.uk

A power supreme? – BBC News

“The United Kingdom Supreme Court has just completed its first year in business.”

Full story

BBC News, 2nd August 2010

Source: www.bbc.co.uk

Regina v Rollins – WLR Daily

Regina v Rollins [2010] UKSC 39; [2010] WLR (D) 210

“The power of the Financial Services Authority to institute criminal proceedings was not limited to the offences referred to in ss 401 and 402 of the Financial Services and Markets Act 2000; in particular the FSA had power to prosecute offences of money laundering under ss 327 and 328 of the Proceeds of Crime Act 2002.”

WLR Daily, 30th July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Dunn – WLR daily

Regina v Dunn [2010] EWCA Crim 1823; [2010] WLR (D) 207

“The fact that an appeal from the Court of Appeal, Criminal Division only lay to the Supreme Court if the Court of Appeal certified that a point of law of general public importance was involved in its decision did not amount to a denial of the essence of an appellant’s right of access to the Supreme Court and was not incompatible with articles 6 and 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 28th July 2010

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

UKIP wins court case over order to pay back donation – BBC News

“The UK Independence Party does not have to forfeit all of a £367,697 ‘impermissible donation’, the Supreme Court has ruled.”

Full story

BBC News, 29th July 2010

Source: www.bbc.co.uk

Cuts ‘would close supreme court’ – The Guardian

“The UK Supreme Court  would have to close for business if proposed public spending cuts of 40% were implemented, its chief executive has warned.”

Full story

The Guardian, 29th July 2010

Source: www.guardian.co.uk

Bocardo SA v Star Energy UK Onshore Ltd and another – WLR Daily

Bocardo SA v Star Energy UK Onshore Ltd and another [2010] UKSC 35; [2010] WLR (D) 204

“Damages for trespass occasioned by an oil company drilling underneath another party’s land were to be assessed on the basis that the right to drill for oil was a compulsory acquisition under statute and, therefore, any additional value of the right of access attributable to the oil extraction scheme was to be disregarded.”

WLR Daily, 28th July 2010

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (ZO (Somalia)) v Secretary of State for the Home Department; Regina (MM (Burma)) v Same – WLR Daily

Regina (ZO (Somalia)) v Secretary of State for the Home Department; Regina (MM (Burma)) v Same [2010] UKSC 36; [2010] WLR (D) 203

“An asylum seeker who made a new application for asylum after his original application for asylum had finally failed, was entitled to the benefits conferred by the European Directive setting minimum standards for the reception of asylum seekers. That included an entitlement to permission to work if the new application had not been determined within one year of its presentation.”

WLR Daily, 28th July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Morrison Sports Ltd and others v Scottish Power UK plc – WLR Daily

Morrison Sports Ltd and others v Scottish Power UK plc [2010] UKSC 37; [2010] WLR (D) 202

“A person who suffered loss as a result of a breach of statutory duty did not have a private right of action for damages when there was statutory provision for other forms of enforcement of the duty on behalf of the public.”

WLR Daily, 28th July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Libel law must be changed to protect free speech, Supreme Court hears – Daily Telegraph

“People should be free to criticise each other on the internet without fear of being sued, the Supreme Court heard yesterday in a test libel case which could could make it easier to rely on the fair comment defence.”

Full story

Daily Telegraph, 27th July 2010

Source: www.telegraph.co.uk

Southern Pacific Securities 05-2 plc (in substitution for Southern Pacific Personal Loans Ltd) v Walker and another – WLR Daily

Southern Pacific Securities 05-2 plc (in substitution for Southern Pacific Personal Loans Ltd) v Walker and another [2010] UKSC 32; [2010] WLR (D) 175

“A credit broker administration fee and the interest payable on it were properly included in the charge for credit within the meaning of the Credit Consumer Act 1974 and the Consumer Credit (Total Charge for Credit) Regulations 1980, and accordingly, since those items did not form part of the amount of credit as set out in a loan agreement made between parties in 2005, that amount was correctly stated and the agreement was enforceable.”

WLR Daily, 8th July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

HJ v Secretary of State for the Home Department; HT v Same ú – WLR Daily

HJ v Secretary of State for the Home Department; HT v Same ú [2010] UKSC 31; [2010] WLR (D) 174

“To reject a gay person’s claim for refugee status on the ground that, if returned to his home country, he could avoid persecution by living discreetly would be to deny his right, protected by the 1951 Convention and 1967 Protocol relating to the Status of Refugees, to live freely and openly as himself without fear of persecution. The current test, that such a claim would fail where the claimant could reasonably be expected to live discreetly concealing his sexual identity to avoid persecution, if returned to his home country, was wrong and should not be followed.”

WLR Daily, 8th July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Why the Supreme Court ruled against the deportation of gay asylum-seekers – The Independent

“Gay and lesbian asylum-seekers have won the right to live in Britain after the Supreme Court ruled yesterday that the Government was wrong to return refugees to countries where people had to choose between homophobic persecution or hiding their true sexual identity.”

Full story

The Independent, 8th July 2010

Source: www.independent.co.uk

Supreme court recognises gay asylum rights – The Guardian

“Judgment means lesbian, gay, bisexual and transgender people have the right to escape persecution.”

Full story

The Guardian, 7th July 2010

Source: www.guardian.co.uk

Court to rule on gay asylum seekers – The Independent

“The Supreme Court rules today on cases brought by two gay failed asylum seekers who could face persecution if they are deported.”

Full story

The Independent, 7th July 2010

Source: www.independent.co.uk

R (Smith) v Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) – WLR Daily

R (Smith) v Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) [2010] UKSC 29; [2010] WLR (D) 165

“British soldiers on active service abroad were not, as such, within the jurisdiction of the United Kingdom within the meaning of art 1 of the Human Rights Convention and were accordingly not protected by the Convention rights scheduled to the Human Rights Act 1998. Assuming, however, that the Convention did protect servicemen abroad, a inquest that complied with the procedural obligation in art 2 was not automatically required whenever a member of the armed forces died on active service.”

WLR Daily, 1st July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Noone) v Governor of HMP Drake Hall and another – WLR Daily

Regina (Noone) v Governor of HMP Drake Hall and another [2010] UKSC 30; [2010] WLR (D) 164

“The release provisions of the Criminal Justice Act 1991 applied to sentences of under 12 months’ imprisonment, unless they were imposed concurrently or consecutively with sentences of 12 months or over, in which case the provisions of the Criminal Justice Act 2003 applied.”

WLR Daily, 30th June 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Full judgment: R (Smith) v Secretary of State for Defence – The Guardian

“Read the full judgment from the UK Supreme Court that found that British troops deployed abroad are not protected by the Human Rights Act outside of military bases.”

Full story

The Guardian, 30th June 2010

Source: www.guardian.co.uk

Supreme court quashes troops’ human rights ruling – The Independent

“The country’s highest court today quashed a landmark ruling that British soldiers serving abroad are protected by human rights laws at all times.”

Full story

The Independent, 30th June 2010

Source: www.independent.co.uk

Supreme court to rule on human rights of soldiers – The Independent

“The Supreme Court rules today on a Government challenge to a landmark ruling that British soldiers serving abroad are protected by human rights laws.”

Full story

The Independent, 30th June 2010

Source: www.independent.co.uk

Lord Hope: The Creation of the Supreme Court – was it worth it? – The Guardian

“Read in full the annual Gray’s Inn Reading at Barnard’s Inn by Lord Hope of Craighead, Deputy President of the UK Supreme Court.”

Full story

The Guardian, 24th June 2010

Source: www.guardian.co.uk

Austin v Southwark London Borough Council – WLR Daily

Austin v Southwark London Borough Council [2010] UKSC 28; [2010] WLR (D) 156

“The right of a ‘tolerated trespasser’, a person continuing to occupy his rented home following a breach of the terms of a conditional suspended possession order, to apply to the court for postponement of the date for possession to enable him to remedy the default and revive the secure tenancy, under s 85(2) of the Housing Act 1985, survived his death and could, consequently, be exercised by his personal representative.”

WLR Daily, 24th June 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Secretary of State for the Home Department v AP (No 2) – WLR Daily

Secretary of State for the Home Department v AP (No 2) [2010] UKSC 26; [2010] WLR (D) 154

 “The public interest in publishing a full report of control order proceedings, identifying the suspected terrorist involved, had to give way to the need to protect the suspected terrorist from the risk of violence in circumstances where he was required to live in a town in which there were considerable community tensions and racist attacks on members of the Muslim community had taken place.”

WLR Daily, 23rd June 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

MS (Palestinian Territories) v Secretary of State for the Home Department – WLR Daily

MS (Palestinian Territories) v Secretary of State for the Home Department [2010] UKSC 25; [2010] WLR (D) 150

“The specifying of a particular country or territory of destination in a notice of a decision to remove an illegal immigrant from the United Kingdom was not an integral part of an immigration decision within the meaning of s 82(2)(h) of the Nationality, Immigration and Asylum Act 2002. There was no freestanding right of appeal against an immigration decision on the ground that the person to be deported was unlikely to be admitted to the destination specified.”

WLR Daily, 16th June 2010

Source: www.lawreports.co.uk

Please note once a case is fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Secretary of State for the Home Department v AP – WLR Daily

Secretary of State for the Home Department v AP [2010] UKSC 24; [2010] WLR (D) 149

“Conditions in a control order which were proportionate restrictions upon the right to private and family life could nevertheless be decisive in determining that the overall effect of the order amounted to a deprivation of liberty.”

WLR Daily, 16th June 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Terror suspect wins control order appeal – BBC News

“A terror suspect subject to a control order has won his appeal on the grounds that it breached his human rights.”

Full story

BBC News, 16th June 2010

Source: www.bbc.co.uk

Supreme court prepares to rule on heiress’s prenuptial agreement battle – The Guardian

“A supreme court ruling expected this week is being seen as setting a precedent for divorcing couples who have signed prenuptial agreements.”

Full story

The Guardian, 6th June 2010

Source: www.guardian.co.uk

O’Byrne v Aventis Pasteur MSD Ltd – WLR Daily

O’Byrne v Aventis Pasteur MSD Ltd [2010] UKSC 23; [2010] WLR (D) 137

“In a claim under the Consumer Protection Act 1987 based on the rights conferred under Council Directive 85/374/EEC concerning liability for defective products, which by art 11 required proceedings to be brought against the producer within ten years of the product being put into circulation, domestic law could not allow the producer to be substituted as the defendant outside that period in place of a wholly-owned subsidiary (who was the supplier but had been erroneously thought to be the producer) unless the parent company had actually determined when the supplier put the product in circulation.”

WLR Daily, 27th May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


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