Supreme Court justices debate decline in dissenting judgments – Litigation Futures

Posted December 19th, 2014 in judgments, judiciary, news, Supreme Court by sally

‘Better teamwork, smaller panels and less controversial cases have all been put forward by a seminar attended by Supreme Court justices and other senior judges as reasons for a decline in dissenting judgments at the court.’

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Litigation Futures, 19th December 2014

Source: www.litigationfutures.com

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ECHR cases won by UK government show flexibility of human rights system – The Guardian

‘Strasbourg human rights court is ready to admit it gets things wrong when presented with good arguments.’

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The Guardian, 17th December 2014

Source: www.guardian.co.uk

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Judge uses Shakespeare’s ‘King Lear’ to decide divorce settlement figure – The Independent

Posted December 18th, 2014 in divorce, financial provision, judgments, news by sally

‘A High Court judge who was attempting to decide the settlement figure in a divorce case admitted he turned to the works of William Shakespeare for help.’

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The Independent, 17th December 2014

Source: www.independent.co.uk

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Merris Amos: The UK and the European Court of Human Rights – UK Constitutional Law Association

Posted November 25th, 2014 in constitutional law, courts, human rights, judgments, news by sally

‘Now that the furore of the Scottish independence referendum has passed, the attention of politicians and media has once again turned to the dangers of the European Court of Human Rights (ECtHR). In his speech to the Conservative Party Conference in late September, Prime Minister David Cameron stated that the ECtHR needed “sorting out”. Three examples of its judgments were used to support this point: the prisoner voting litigation; the limits on deporting suspected terrorists, including Abu Qatada; and the extension of the HRA to the “battle-fields of Helmand”, an issue which the ECtHR has not directly adjudicated upon although it has given judgments concerning events in Iraq. Shortly after, the Conservative Party released its proposals for changing Britain’s human rights laws. Central to this is altering the relationship between the UK and the ECtHR so that its judgments are no longer binding over the UK Supreme Court and that it is no longer able to order a change in UK law. As any law student will know, this would be a waste of time as neither is currently possible in our dualist legal system. The judgments of the ECtHR are only binding in international law. To support these proposals, five examples of ECtHR judgments are given: prisoner voting; artificial insemination rights for some prisoners; limits on the deportation of foreign nationals who have committed crimes; and limits on the deportation of foreign nationals generally. The fifth example is the recent judgment on whole life tariffs which was misleadingly and erroneously portrayed as a decision that murderers cannot be sentenced to life imprisonment. It is clear that the Conservative Party is not expecting to receive votes from prisoners (who have no vote anyway), foreign nationals or members of the armed forces who also enjoy the protection of human rights law on the “battle-fields of Helmand”.’

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UK Constitutional Law Association, 24th November 2014

Source: www.ukconstitutionallaw.org

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High Court tests the limits of confidentiality in EC infringement decisions – Competition Bulletin from Blackstone Chambers

Posted October 30th, 2014 in airlines, confidentiality, disclosure, EC law, judgments, news, price fixing by sally

‘The European Commission came in for some stern criticism from the High Court this week, in a case which looks set to test the boundaries of confidentiality in EC infringement decisions: see Emerald Supplies v BA [2014] EWHC 3515 (Ch).’

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Competition Bulletin from Blackstone Chambers, 30th October 2014

Source: www.competitionbulletin.com

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No, The Sun, “Euro judges” do not “go against UK in 3 out of 5 cases”. More like 1 in 100 – UK Human Rights Blog

Posted August 28th, 2014 in courts, human rights, judgments, media, news, statistics by sally

‘Sun has got it badly wrong on human rights. Again. On 24 August 2014 Craig Woodhouse reported that “Euro judges go against UK in 3 out of 5 cases” (£). This is false and seriously misleading.’

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UK Human Rights Blog, 27th August 2014

Source: www.ukhumanrightsblog.com

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Retrospective legislation that interfered with judicial ruling violated the Convention and the rule of law – UK Human Rights Blog

Posted July 9th, 2014 in human rights, judgments, legislation, news, retrospectivity by sally

‘The High Court has issued a declaration of incompatibility following a successful challenge to the Jobseekers (Back to Work Schemes) Act 2013. The regulations under the Act that sanctioned those who did not participate in unpaid “work for your benefit” schemes by depriving them of an allowance violated the rule of law protected by the Convention and this country’s unwritten constitution. However, the dispute did not engage Article 1 of the First Protocol to the ECHR.’

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UK Human Rights Blog, 8th July 2014

Source: www.ukhumanrightsblog.com

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Bad reviews and a future of bunk beds – NearlyLegal

Posted July 1st, 2014 in appeals, homelessness, housing, judgments, news by sally

‘This second appeal to the Court of Appeal from a s.204 Housing Act 1996 appeal raises three important questions. Unfortunately, the answers to them are rather brief and rather negative. The issues are i) whether a s.202 review of a s.184 decision can come to a finding which is substantially worse for the applicant that the original s.184 decision; ii) whether a review officer should conduct a hazard assessment (Housing Act 2004) when considering whether it is reasonable for an applicant to occupy their accommodation; and iii) how far should a review officer look to the future when considering whether the applicant is homeless.’

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NearlyLegal, 30th June 2014

Source: www.nearlylegal.co.uk

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Judicial dissent wanes under Neuberger regime at UK Supreme Court – The Lawyer

Posted April 23rd, 2014 in judges, judgments, news, Supreme Court by sally

‘Judicial dissent is in decline in the UK’s top court as the Supreme Court moves towards a culture of collegiality on the bench, research by The Lawyer has revealed.’

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The Lawyer, 23rd April 2014

Source: www.thelawyer.com

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Second bites at the cherry, defective witness statements and sanction: a practical view from the Bar – Littleton Chambers

‘In his monthly column, James Bickford Smith discusses the Court of Appeal’s recent guidance on communications with judges after draft judgments are circulated, some interesting judicial
observations on defective witness statements, and the Commercial Court’s important relief from
sanctions decision in Re C (A Child) [2014] EWCA Civ 70.’

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Littleton Chambers, 7th March 2014

Source: www.littletonchambers.com

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Is Fairchild a Leading case of the Common Law? – The Inner Temple

Is Fairchild a Leading case of the Common Law? (PDF)

Per Laleng, Inner Temple Academic Fellow, University of Kent

The Inner Temple, 20th January 2014

Source: www.innertemple.org.uk

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We need to talk about Denning – Halsbury’s Law Exchange

Posted January 24th, 2014 in advocacy, judges, judgments, news, precedent by sally

‘It’s a familiar scenario to any lawyer.

You’re reading a practitioner handbook and see a case referred to that seems just a little bit odd.

You read the summary in the footnotes and can’t believe it really says that and, before you know it, you’ve been side-tracked from your original research plan into actually getting a copy of the case.’

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Halsbury’s Law Exchange, 23rd January 2014

Source: www.halsburyslawexchange.co.uk

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Senior judge orders greater transparency in family court judgments – The Guardian

Posted January 17th, 2014 in Court of Protection, family courts, judgments, news, reporting restrictions by sally

‘Many more judgments from some of the UK’s most secret hearings will be published in future, the judge in charge of the family court and the court of protection has ordered.’

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The Guardian, 16th January 2014

Source: www.guardian.co.uk

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The mother, the C-section baby and ‘secret British court’: a secrecy scandal – or the birth of a scare story? – The Independent

‘The first grim details published about Alessandra Pacchieri’s brief stay in Britain were, as one commentator put it, “the stuff of nightmares”.
Over the past few days, however, a different story has emerged. Transcripts of judgments relating to the case have now been made public and they reveal the nuances behind the apparently callous decisions of judges.’

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The Independent, 6th December 2013

Source: www.independent.co.uk

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Judge who ordered mentally ill pregnant woman to undergo Caesarian birth insists that decision was in her best interests – The Independent

Posted December 5th, 2013 in birth, judgments, medical treatment, mental health, news by sally

‘The judge who ordered a mentally ill pregnant woman to undergo a Caesarian section instead of a natural birth insisted that it was in her best interests.’

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The Independent, 4th December 2013

Source: www.independent.co.uk

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More than a slip ‘twixt cup and lip – UK Human Rights Blog

“Technical evidence can sometimes be crucial to judicial decisions and this case shows how dramatic the consequences are for a family if evidence is unreliable. If the respondent in this case had not put probity before its commercial interests, a mother would have been deprived of the care of her child. Hence the importance of publishing the judgment.”

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UK Human Rights Blog, 25th October 2013

Source: www.ukhumanrightsblog.com

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Report to the Joint Committee on Human Rights on the Government response to human rights judgments 2012–13 – Ministry of Justice

Posted October 24th, 2013 in human rights, judgments, parliamentary papers, reports by tracey

“This is the latest in a series of annual reports to the Joint Committee on Human Rights (JCHR) setting out the Government’s record on the implementation of adverse Human Rights judgments.”

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Ministry of Justice, 24th October 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

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Commission of the European Union v Federal Republic of Germany – WLR Daily

Posted October 24th, 2013 in EC law, enforcement, judgments, law reports, treaties by tracey

Commission of the European Union v Federal Republic of Germany: (Case C-95/12);   [2013] WLR (D)  399

“The procedure laid down in article 260(2)FEU of the FEU Treaty had to be regarded as a special judicial procedure for the enforcement of the judgments of the court, ie a method of enforcement.”

WLR Daily, 22nd October 2013

Source: www.iclr.co.uk

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Meaning of personal data should not be derived solely from Durant case, says High Court judge – OUT-LAW.com

Posted October 22nd, 2013 in data protection, EC law, judgments, news by tracey

“UK organisations looking to understand whether information they hold constitutes ‘personal data’ must not look solely at how the term was interpreted by the Court of Appeal in 2003, a High Court judge has ruled.”

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OUT-LAW.com, 22nd October 2013

Source: www.out-law.com

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High Court orders disclosure of closed judgment in Afghanistan interrogation case – UK Human Rights Blog

Posted October 17th, 2013 in closed material, disclosure, judgments, news, witnesses by sally

“In ‘Evans (No. 1)’, a 2010 case concerning the transfer of suspected insurgents for questioning in certain military centres in Afghanistan, the High Court had ruled, partly in an open judgment, partly in closed proceedings, that UK transfers to NDS Kandahar and NDS Lashkar Gah could proceed without risk of ill treatment (which is contrary to UK policy), but that it would be a breach of the policy and therefore unlawful for transfers to be made to NDS Kabul. It was subsequently discovered that there had not been jurisdiction to follow a closed procedure in that case, but what was done could not be undone, so the confidentiality agreements and the closed judgment remained in force.”

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UK Human Rights Blog, 16th October 2013

Source: www.ukhumanrightsblog.com

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