Bedroom Tax: Upper Tribunal on Article 14 – NearlyLegal

Posted October 7th, 2014 in benefits, disability discrimination, news, Scotland, social security, tribunals by sally

‘Following my plaintive cry here, I now have copies of the two Upper Tribunal judgments from Scotland referred to by the DWP. And, while the judgments do do something rather more and rather different to the outcomes suggested in the DWP Circular, sadly, what they actually do is worse.’

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NearlyLegal, 6th October 2014

Source: www.nearlylegal.co.uk

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Mark Elliott: Scotland has voted “no”. What next for the UK constitution? – UK Constitutional Law Association

Posted September 19th, 2014 in constitutional reform, devolution, news, parliament, referendums, Scotland by tracey

‘After a very long — and at times electrifying — campaign, a modest but decisive majority of those who participated in the referendum on Scottish independence have voted “no”. In one sense, this is the end of the process — even if, bearing in mind the main UK parties’ still-to-be-fulfilled promises about further devolution, it is only the beginning of the end. In another sense, however, it might turn out to be only the end of the beginning.’

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UK Constitutional Law Association, 19th September 2014

Source: www.ukconstitutionallaw.org/blog

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Healthcare at Home Limited (Appellant) v The Common Services Agency (Respondent) (Scotland) – Supreme Court

Posted August 1st, 2014 in EC law, health, law reports, public procurement, Scotland, tenders by sally

Healthcare at Home Limited (Appellant) v The Common Services Agency (Respondent) (Scotland) [2014] UKSC 49 (YouTube)

Supreme Court, 30th July 2014

Source: www.youtube.com/user/UKSupremeCourt

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David T. Morrison & Co Limited t/a Gael Home Interiors (Respondent) v ICL Plastics Limited and others (Appellants) (Scotland) – Supreme Court

David T. Morrison & Co Limited t/a Gael Home Interiors (Respondent) v ICL Plastics Limited and others (Appellants) (Scotland) [2014] UKSC 48 (YouTube)

Supreme Court, 30th July 2014

Source: www.youtube.com/user/UKSupremeCourt

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Healthcare at Home Ltd v Common Services Agency for the Scottish Health Service – WLR Daily

Posted August 1st, 2014 in EC law, health, law reports, news, public procurement, Scotland, tenders by sally

Healthcare at Home Ltd v Common Services Agency for the Scottish Health Service [2014] UKSC 49; [2014] WLR (D) 351

‘On a challenge by an unsuccessful tenderer for a public contract, the question whether the published criteria for the award of the contract had been sufficiently clear was to be determined by the court applying an objective legal standard by reference to a reasonably well informed and diligent tenderer and did not depend on the evidence of witnesses as to how they had understood the document.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

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Supreme Court overturns liquidator’s challenge to pre-liquidation security granted over golf club – OUT-LAW.com

Posted July 9th, 2014 in appeals, hotels, liquidators, news, Scotland, Supreme Court by sally

‘A recent decision by the UK’s highest court reinforces how important it is for litigants to succeed in the court of first instance as chances of success on appeal are getting slimmer an expert has said.’

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OUT-LAW.com, 8th July 2014

Source: www.out-law.com

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Henderson v Foxworth Investments Ltd and another – WLR Daily

Posted July 4th, 2014 in appeals, law reports, Scotland, Supreme Court by tracey

Henderson v Foxworth Investments Ltd and another: [2014] UKSC 41 ; [2014] WLR (D) 290

‘In the absence of some other identifiable error, an appellate court would interfere with a trial judge’s factual findings only if it were satisfied that his decision was “plainly wrong” in the sense that it could not reasonably be explained or justified.’

WLR Daily, 2nd July 2014

Source: www.iclr.co.uk

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Henderson (Respondent) v Foxworth Investments Limited and another (Appellants) – Supreme Court

Posted July 3rd, 2014 in appeals, hotels, insolvency, law reports, liquidators, Scotland, Supreme Court by sally

Henderson (Respondent) v Foxworth Investments Limited and another (Appellants) [2014] UKSC 41 (YouTube)

Supreme Court, 2nd July 2014

Source: www.youtube.com/user/UKSupremeCourt

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What can we learn from drug courts? – Halsbury’s Law Exchange

‘Why were drug courts set up?

The introduction of drug courts in the UK has followed a slightly different trajectory to other jurisdictions, where drug courts filled an important gap in the range of community-based sanctions available to the courts to deal with drug-related crime.’

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Halsbury’s Law Exchange, 13th May 2014

Source: www.halsburyslawexchange.co.uk

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L Batley Pet Products Limited (Appellant) v North Lanarkshire Council (Respondent) – Supreme Court

L Batley Pet Products Limited (Appellant) v North Lanarkshire Council (Respondent) [2014] UKSC 27 (YouTube)

Supreme Court, 8th May 2014

Source: www.youtube.com/user/UKSupremeCourt

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A (Respondent) v British Broadcasting Corporation (Appellant) (Scotland) – Supreme Court

A (Respondent) v British Broadcasting Corporation (Appellant) (Scotland) [2014] UKSC 25 (YouTube)

Supreme Court, 8th May 2014

Source: www.youtube.com/user/UKSupremeCourt

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Anonymity order compatible with Convention and common law – Supreme Court – UK Human Rights Blog

‘This appeal related to whether the Scottish Courts took the correct approach to prohibit the publication of a name or other matter in connection with court proceedings under section 11 of the Contempt of Court Act 1981, and whether the court’s discretion was properly exercised in this case. The Supreme Court unanimously dismissed the appeal by the BBC.’

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UK Human Rights Blog, 9th May 2014

Source: www.ukhumanrightsblog.com

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Cramaso LLP v Ogilvie-Grant (Earl of Seafield) and others – WLR Daily

Cramaso LLP v Ogilvie-Grant (Earl of Seafield) and others [2014] UKSC 9; [2014] WLR (D) 64

‘A contracting party could be liable in negligence for a representation made in pre-contractual negotiations which induced the conclusion of the contract by someone other than the original representee.’

WLR Daily, 12th February 2014

Source: www.iclr.co.uk

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IA (Iran) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening) – WLR Daily

Posted January 31st, 2014 in asylum, burden of proof, law reports, refugees, Scotland, treaties, United Nations by sally

IA (Iran) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening) [2014] UKSC 6; [2014] WLR (D) 36

‘National decision-makers had an independent and autonomous responsibility under the Convention and Protocol relating to the Status of Refugees (1951) (Cmd 9171) and (1967) (Cmnd 3906) to determine the applications of those who had applied for asylum. An earlier decision of the United Nations High Commissioner for Refugees (“UNHCR”) to grant refugee status was not binding on the national decision-maker, nor did it create any presumption or shift the burden of proof.’

WLR Daily, 29th January 2014

Source: www.iclr.co.uk

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I.A. (Appellant) v The Secretary of State for the Home Department (Respondent) (Scotland) – Supreme Court

Posted January 30th, 2014 in appeals, asylum, law reports, refugees, Scotland, Supreme Court, treaties, United Nations by sally

I.A. (Appellant) v The Secretary of State for the Home Department (Respondent) (Scotland) [2014] UKSC 6 (YouTube)

Supreme Court, 29th January 2014

Source: www.youtube.com/user/UKSupremeCourt

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G(AP) (Appellant) v Scottish Ministers and another (Respondents) (Scotland) – Supreme Court

G(AP) (Appellant) v Scottish Ministers and another (Respondents) (Scotland) [2013] UKSC 79 | UKSC 2012/0196 (YouTube)

Supreme Court, 18th December 2014

Source: www.youtube.com/user/UKSupremeCourt

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JO v GO and others – WLR Daily

Posted December 17th, 2013 in Court of Protection, jurisdiction, law reports, mental health, necessity, Scotland by sally

JO v GO and others [2013] EWHC 3932 (COP); [2013] WLR (D) 495

‘The English Court of Protection had no jurisdiction under section 7(1)(a) of the Mental Capacity Act 2005 to exercise its functions under the Act in relation to an incapacitated adult no longer habitually resident in England and Wales. In the case of an adult lacking capacity to decide where to live, habitual residence could in principle be lost and another habitual residence acquired without the need for any court order or other formal process. Provided that the removal had not been wrongful the doctrine of necessity applied; what was required was a decision taken by a relative or carer which was reasonable, arrived at in good faith and taken in the best interests of the assisted person. There was nothing in the 2005 Act to displace that approach.’

WLR Daily, 13th December 2013

Source: www.iclr.co.uk

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

Posted November 29th, 2013 in appeals, asylum, children, human rights, immigration, law reports, Scotland, Supreme Court by sally

Zoumbas v Secretary of State for the Home Department [2013] UKSC 74; [2013] WLR (D) 458

“The fact that the children of failed asylum seekers were not British citizens, and therefore had no right to education and health care in the United Kingdom, was relevant when assessing whether it was reasonable to expect them to live in another country if their parents were removed from the United Kingdom.”

WLR Daily, 27th November 2013

Source: www.iclr.co.uk

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Zoumbas (Appellant) v Secretary of State for the Home Department – Supreme Court

Posted November 29th, 2013 in appeals, asylum, children, human rights, immigration, law reports, Scotland, Supreme Court by sally

Zoumbas (Appellant) v Secretary of State for the Home Department [2013] UKSC 74 | UKSC 2013/0100 (YouTube)

Supreme Court, 27th November 2013

Source: www.youtube.com/user/UKSupremeCourt

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Adam Perry and Farrah Ahmed: Are Constitutional Statutes ‘Quasi-Entrenched’? – UK Constitutional Law Group

Posted November 26th, 2013 in constitutional law, extradition, news, repeals, Scotland by tracey

‘The Supreme Court issued its decision in H v Lord Advocate (pdf) in 2012. The decision has been virtually ignored by constitutional scholars, but we believe it may be of great constitutional significance. In this post we explain why, starting with some background about constitutional statutes.’

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UK Constitutional Law Group, 26th November 2013

Source: www.ukconstitutionallaw.org/blog

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