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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Richard Clayton: The Curious Case of Kennedy v Charity Commission – UK Constitutional Law Association

‘On 26 March 2014 the Supreme Court gave a lengthy judgment in Kennedy v Charity Commission [2014] UKSC 20, running to 248 paragraphs. The Supreme Court decision is full of surprises. The Court decided to depart from the arguments of the parties- the majority insisted that common law rights rather than the Human Rights Act were the key to the case; and then embarked on an extended and wide ranging obiter discussion of public law issues, revealing further disagreements between the Justices.’

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UK Constitutional Law Association, 18th April 2014

Source: www.ukconstitutionallaw.org

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Supreme Court to hear case on EU migrants and temporary inability to work – Local Government Lawyer

‘The Supreme Court has agreed to hear an EU national’s appeal over a ruling that he was not eligible for housing assistance from a local authority as his inability to work was not temporary.’

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Local Government Lawyer, 14th April 2014

Source: www.localgovernmentlawyer.co.uk

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Non-Appealing Cartelists Beware – Competition Bulletin from Blackstone Chambers

Posted April 14th, 2014 in appeals, competition, damages, news, Supreme Court, time limits by sally

‘Tucked away at the back of last week’s Supreme Court decision on time-limits for follow-on claims is a very important development for private competition actions.’

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Competition Bulletin from Blackstone Chambers, 13th April 2014

Source: www.competitionbulletin.com

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Deutsche Bahn AG and others (Respondents) v Morgan Advanced Materials Plc (Appellant) – Supreme Court

Deutsche Bahn AG and others (Respondents) v Morgan Advanced Materials Plc (Appellant) [2014] UKSC 24 (YouTube)

Supreme Court, 9th April 2014

Source: www.youtube.com/user/UKSupremeCourt

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Changes in the law on Habitual Residence – No. 5 Chambers

Posted April 8th, 2014 in children, domicile, news, residence orders, Supreme Court by sally

‘Over the last 12 months there have been substantial developments in the law on habitual residence following judgments handed down from the Supreme Court, most notably in the cases of Re A (Children: Habitual Residence) [2013] UKSC 60, and the recent decision of LC (children) [2014] UKSC 1, handed down in early January. This article will focus on the changes brought about by these two decisions.’

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No. 5 Chambers, 25th March 2014

Source: www.no5.com

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Supreme Court hands down judgment in Durkin v DSG Retail Limited and another – Henderson Chambers

‘On 26 March 2014 the Supreme Court handed down its decision in Durkin v DSG Retail Limited and another. The judgment in this long-running case addresses the issue of a consumer’s right, in the context of a debtor-creditor-supplier agreement, to rescind the credit agreement on lawful rescission of the sale agreement.’

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Henderson Chambers, 28th March 2014

Source: www.hendersonchambers.co.uk

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Director of the Serious Fraud Office v B – WLR Daily

Director of the Serious Fraud Office v B [2014] UKSC 23; [2014] WLR (D) 151

‘A person who had been extradited to the United Kingdom for trial on a criminal charge, and who prior to his extradition had been guilty of contempt of court by disobeying a court order, could be punished for the contempt notwithstanding that it was not the basis of his extradition.’

WLR Daily, 2nd April 2014

Source: www.iclr.co.uk

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Cox (Appellant) v Ergo Versicherung AG (formerly known as Victoria) (Respondent) – Supreme Court

Cox (Appellant) v Ergo Versicherung AG (formerly known as Victoria) (Respondent) [2014] UKSC 22 (YouTube)

Supreme Court, 2nd April 2014

Source: www.youtube.com/user/UKSupremeCourt

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R v O’Brien (Appellant) – Supreme Court

R v O’Brien (Appellant) [2014] UKSC 23 (YouTube)

Supreme Court, 2nd April 2014

Source: www.youtube.com/user/UKSupremeCourt

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Durkin (Appellant) v DSG Retail Ltd and another (Respondents) (Scotland) – Supreme Court

Durkin (Appellant) v DSG Retail Ltd and another (Respondents) (Scotland) [2014] UKSC 21 (YouTube)

Supreme Court, 26th March 2014

Source: www.youtube.com/user/UKSupremeCourt

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Kennedy (Appellant) v The Charity Commission (Respondent) – Supreme Court

Kennedy (Appellant) v The Charity Commission (Respondent) [2014] UKSC 20 (YouTube)

Supreme Court, 26th March 2014

Source: www.youtube.com/user/UKSupremeCourt

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Kennedy v Information Commissioner and another (Secretary of State for Justice and others intervening) – WLR Daily

Kennedy v Information Commissioner and another (Secretary of State for Justice and others intervening) [2014] UKSC 20; [2014] WLR (D) 143

‘The Freedom of Information Act 2000 did not provide an exhaustive scheme in respect of the disclosure of information held by the Charity Commission relating to inquiries which they conducted. Although an absolute exemption under section 32(2) of that 2000 Act from disclosure under that Act lasted beyond the completion of such an inquiry, the question whether disclosure of information relating to such an inquiry was available would be governed by the Charities Act 1993, as substituted by the Charities Act 2006, construed in the light of common law principles.’

WLR Daily, 26th March 2014

Source: www.iclr.co.uk

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Durkin v DSG Retail Ltd and another – WLR Daily

Durkin v DSG Retail Ltd and another [2014] UKSC 21; [2014] WLR (D) 144

A restricted-use credit agreement under section 12(b) of the Consumer Credit Act 1974 which related to a specified supply transaction was conditional upon the substantive survival of that supply transaction, so that a purchaser who rescinded the supply agreement for breach of contract could also rescind the credit agreement.

WLR Daily, 26th March 2014

Source: www.iclr.co.uk

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FOIA’s not all that: Kennedy v The Charity Commission [2014] UKSC 20 – Panopticon

‘The Supreme Court’s much anticipated judgments in Kennedy v The Charity Commission make for a long read. But they are very important. All the parties in Kennedy were represented by Counsel from 11KBW: Andrew Sharland for Mr Kennedy; Karen Steyn and Rachel Kamm for the Charity Commission and the Secretary of State; Ben Hooper for the ICO; and Christopher Knight for the Media Legal Defence Initiative and Campaign for Freedom of Information.’

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Panopticon, 28th March 2014

Source: www.panopticonblog.com

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Supreme Court: Strasbourg’s mixed messages about Article 10 and any right to receive information – UK Human Rights Blog

‘Kennedy v. Charity Commission et al, Supreme Court, 26 March 2014. In judgments running to 90 pages, the Supreme Court dismissed this appeal by Mr Kennedy, a Times journalist, for access to documents generated by the Charity Commission under the Freedom of Information Act 2000 concerning three inquiries between 2003 and 2005 into the Mariam Appeal. This appeal was George Galloway’s response to the sanctions imposed on Iraq following the first Gulf War, and little Mariam was a leukaemia sufferer. Mr Kennedy’s suspicion, amongst others, was that charitable funds had been used by Galloway for political campaigning.’

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UK Human Rights Blog, 26th March 2014

Source: www.ukhumanrightsblog.com

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Richard Durkin: ‘Mixed feelings’ for the man who fought a £250,000 16-year PC World laptop credit dispute with HFC bank – The Independent

Posted March 27th, 2014 in appeals, banking, consumer credit, damages, duty of care, news, rescission, Supreme Court by tracey

‘A man placed on a credit blacklist after a row over payments for a laptop computer said today he had “mixed feelings” despite winning a court battle that lasted 16 years.’

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The Independent, 26th March 2014

Source: www.independent.co.uk

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The Supreme Court reconsiders nuisance and the power to award damages in lieu of an injunction – Henderson Chambers

Posted March 26th, 2014 in appeals, damages, injunctions, news, noise, nuisance, planning, Supreme Court by sally

‘In the case of Coventry and others (Respondents) v Lawrence and another (Appellants) [2014] UKSC 13 the Supreme Court has addressed five key matters which will play an important role in informing future claims for nuisance.’

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Henderson Chambers, 25th March 2014

Source: www.hendersonchambers.co.uk

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Supreme Court set to hear latest in series of village green cases – Local Government Lawyer

Posted March 26th, 2014 in appeals, commons, housing, local government, news, Supreme Court by sally

‘The latest in a series of village green cases to reach the Supreme Court will be heard next week by a five-judge panel led by Lord Neuberger.’

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Local Government Lawyer, 25th March 2014

Source: www.localgovernmentlawyer.co.uk

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Dunhill (a protected party by her litigation friend Tasker) (Respondent) v Burgin (Appellant); Dunhill (a protected party by her litigation friend Tasker) (Respondent) v Burgin (Appellant) (No 2) – Supreme Court

Dunhill (a protected party by her litigation friend Tasker) (Respondent) v Burgin (Appellant); Dunhill (a protected party by her litigation friend Tasker) (Respondent) v Burgin (Appellant) (No 2) [2014] UKSC 18

Supreme Court, 12th March 2014

Source: www.youtube.com/user/UKSupremeCourt

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