Judges set to rule on Taliban bomb maker suing UK government – Daily Telegraph

‘The Supreme Court is expected this week to make it more difficult for former Taliban fighters to sue the Government over their detention in Afghanistan.’

Full story

Daily Telegraph, 14th January 2017

Source: www.telegraph.co.uk

Comments Off on Judges set to rule on Taliban bomb maker suing UK government – Daily Telegraph

Supreme Court to rule next week on disability discrimination and public services – Local Government Lawyer

Posted January 13th, 2017 in disability discrimination, news, Supreme Court, transport by tracey

‘The Supreme Court will next week hand down a key ruling on the reasonable adjustments which a bus company is required to make to accommodate disabled wheelchair users.’

Full story

Local Government Lawyer, 12th January 2017

Source: www.localgovernmentlawyer.co.uk

Comments Off on Supreme Court to rule next week on disability discrimination and public services – Local Government Lawyer

Mirza & Ors: The Rules are neither simple nor flexible so don’t leave it too late – UK Human Rights Blog

Posted January 12th, 2017 in appeals, fees, immigration, news, Supreme Court by tracey

‘Mirza and others v Secretary of State for the Home Department [2016] UKSC 63. The background to each of these appeals, although unfortunate, is not in any way extraordinary. Indeed, it is perhaps quite common for those applying for leave to remain to fall foul of procedural requirements or to be caught out by one of the many frequent changes in the legislative scheme governing immigration.’

Full story

UK Human Rights Blog, 11th January 2017

Source: www.ukhumanrightsblog.com

Comments Off on Mirza & Ors: The Rules are neither simple nor flexible so don’t leave it too late – UK Human Rights Blog

Southern rail operator appeals to supreme court to block drivers’ strikes – The Guardian

Posted January 12th, 2017 in appeals, EC law, industrial action, news, railways, Supreme Court, trade unions, transport by tracey

‘Govia Thameslink Railway is taking a legal case against drivers’ union Aslef to the supreme court over its industrial action on Southern rail.’

Full story

The Guardian, 11th January 2017

Source: www.guardian.co.uk

Comments Off on Southern rail operator appeals to supreme court to block drivers’ strikes – The Guardian

City heads to Supreme Court over council tax position where tenant moves out – Local Government Lawyer

Posted January 6th, 2017 in appeals, council tax, landlord & tenant, local government, news, Supreme Court by tracey

‘Leeds City Council is to seek permission from the Supreme Court to appeal a key ruling over whether landlords are responsible for paying council tax on a property when a tenant has moved out before the tenancy agreement has formally ended.’

Full story

Local Government Lawyer, 5th January 2017

source: www.localgovernmentlawyer.co.uk

Comments Off on City heads to Supreme Court over council tax position where tenant moves out – Local Government Lawyer

Richard Clayton QC: New Directions for Article 10: Strasbourg Reverses the Supreme Court in Kennedy – UK Constitutional Law Association

‘The Supreme Court decision in Kennedy v Charity Commission was striking from many points of view. Mr Kennedy was a journalist frustrated by the way the Commission handled his allegations concerning George Galloway MP’s controversial Iraq charity, the Miriam Appeal. He applied for disclosure of documents under the Freedom of Information Act, arguing that a prohibition from disclosure under s 32 should be interpreted compatibly with Article 10, as required by s 3 of the HRA. However, the Supreme Court declined to follow the recent ECtHR case law, holding that Article 10 did not encompass a right of access to information, deprecating the parties’ failure to rely upon the common law right to information and disagreeing over the question of whether proportionality should replace Wednesbury unreasonableness: see my previous post on this here.’

Full story

UK Constitutional Law Association, 13th December 2016

Source: www.ukconstitutionallaw.org

Comments Off on Richard Clayton QC: New Directions for Article 10: Strasbourg Reverses the Supreme Court in Kennedy – UK Constitutional Law Association

Charity bequests shouldn’t have special status, Supreme Court hears – Law Society’s Gazette

Posted December 13th, 2016 in appeals, charities, news, Supreme Court, wills by sally

‘Charities should be treated no differently from any other beneficiary of a will when resolving disputes, seven Supreme Court judges heard today in a long running legal battle over a £468,000 bequest to animal charities. In Ilott v The Blue Cross and Others, the court is considing an appeal by three animal charities case against a Court of Appeal ruling setting aside a will on the grounds that it did not make reasonable provision for the testator’s daughter.’

Full story

Law Society’s Gazette, 12th December 2016

Source: www.lawgazette.co.uk

Comments Off on Charity bequests shouldn’t have special status, Supreme Court hears – Law Society’s Gazette

A nation divided? – New Law Journal

Posted December 12th, 2016 in appeals, EC law, news, Scotland, Supreme Court, treaties by sally

‘Could the Sewel Convention scupper Brexit, asks Michael Zander QC.’

Full story

New Law Journal, 8th December 2016

Source: www.newlawjournal.co.uk

Comments Off on A nation divided? – New Law Journal

Supreme Court to hear ‘unfair wills’ test case – Law Society’s Gazette

Posted December 12th, 2016 in appeals, charities, news, Supreme Court, wills by sally

‘The Supreme Court will today hear a case that should clarify the law on challenging wills on the grounds that they do not make reasonable provision. Animal charities are appealing a Court of Appeal decision in July last year in favour of Heather Ilott, who had been excluded from her mother Melita Jackson’s will.’

Full story

Law Society’s Gazette, 12th December 2016

Source: www.lawgazette.co.uk

Comments Off on Supreme Court to hear ‘unfair wills’ test case – Law Society’s Gazette

Rachel Jones: The Importance of Silences in the “Brexit” Appeals – UK Constitutional Law Association

‘Statutory silences are crucial to both sides. For Ms Miller, Lord Pannick contends that Parliament’s silence in the EU Referendum Act 2015 means that the Executive is not empowered to start the Article 50 process. Mr Eadie for the Government relies on the same silence for the diametrically opposed position.’

Full story

UL Constitutional Law Association, 7th December 2016

Source: www.ukconstitutionallaw.org

Comments Off on Rachel Jones: The Importance of Silences in the “Brexit” Appeals – UK Constitutional Law Association

Theresa May faces new Brexit legal challenge – Daily Telegraph

Posted December 12th, 2016 in constitutional law, EC law, judicial review, news, Supreme Court, treaties, veto by sally

‘Theresa May faces a new challenge to her bid to start the process to take Britain out of the European Union after it emerged that opponents plan to launch a fresh legal action on Monday.’

Full story

Daily Telegraph, 11th December 2016

Source: www.telegraph.co.uk

Comments Off on Theresa May faces new Brexit legal challenge – Daily Telegraph

Supreme court Brexit hearing: 10 things we learned – The Guardian

‘From the royal prerogative and Henry VIII clause to what makes lawyers laugh – and how to interpret a judge’s choice of tie.’

Full story

The Guardian, 8th December 2016

Source: www.guardian.co.uk

Comments Off on Supreme court Brexit hearing: 10 things we learned – The Guardian

Lawyer urges supreme court to throw out Brexit case after article 50 vote – The Guardian

Posted December 9th, 2016 in constitutional law, news, parliament, prerogative powers, Supreme Court, trials by sally

‘The supreme court has been urged to throw out a momentous legal challenge to the government’s powers to trigger Brexit, with Downing Street lawyers claiming parliament’s support for exiting the EU was conclusively demonstrated this week.’

Full story

The Guardian, 8th December 2016

Source: www.guardian.co.uk

Comments Off on Lawyer urges supreme court to throw out Brexit case after article 50 vote – The Guardian

Robert Craig: Miller: The Statutory Basis Argument – A Primer – UK Constitutional Law Association

Posted December 6th, 2016 in appeals, constitutional law, EC law, news, royal prerogative, Supreme Court, treaties by sally

‘This is a brief (1200 words brief) summary of the ‘statutory basis’ argument. This post responds directly to the fact that, in the Supreme Court case being heard today, Lord Mance directly asked Mr Eadie QC whether Article 50 had been incorporated. Mr Eadie said that it was not because it did not have ‘direct effect’. It is suggested that the failure to claim Article 50 is in fact part of domestic law was mistaken. A strong argument can be made that triggering Article 50 could be done under an existing statutory power.’

Full story

UK Constitutional Law Association, 5th December 2016

Source: www.ukconstitutionallaw.org

Comments Off on Robert Craig: Miller: The Statutory Basis Argument – A Primer – UK Constitutional Law Association

Profile: the 11 justices of the UK supreme court – The Guardian

Posted December 6th, 2016 in judges, judiciary, news, Supreme Court by sally

‘The justices deciding on the appeal by the government against the high court’s ruling on article 50.’

Full story

The Guardian, 5th December 2016

Source: www.guardian.co.uk

Comments Off on Profile: the 11 justices of the UK supreme court – The Guardian

Royal prerogative takes centre stage as supreme court Brexit case opens – The Guardian

‘Theresa May’s plan to implement Brexit without the authorisation of a vote in parliament would be “a contemporary necessity” rather than a misuse of outdated ancient royal powers, the attorney general said at the start of the most keenly awaited constitutional law case in recent memory.’

Full story

The Guardian, 5th December 2016

Source: www.guardian.co.uk

Comments Off on Royal prerogative takes centre stage as supreme court Brexit case opens – The Guardian

Gina Miller: supreme court judges on Brexit case are being vilified – The Guardian

Posted December 5th, 2016 in judiciary, media, news, Supreme Court by sally

‘The supreme court judges who will decide whether the government has the right to trigger article 50 without a parliamentary vote have been disgracefully vilified, according to the lead claimant in the case.’

Full story

The Guardian, 4th December 2016

Source: www.guardian.co.uk

Comments Off on Gina Miller: supreme court judges on Brexit case are being vilified – The Guardian

Everything you need to know about the Supreme Court judgment on Brexit – The Independent

Posted December 5th, 2016 in EC law, news, parliament, prerogative powers, referendums, Supreme Court, treaties by sally

‘The Government’s challenge against the High Court ruling that parliamentary approval is required to start the process of leaving the European Union will be hard tomorrow.’

Full story

The Independent, 4th December 2016

Source: www.independent.co.uk

Comments Off on Everything you need to know about the Supreme Court judgment on Brexit – The Independent

The judges protect us. It’s time to stand up for them – The Guardian

‘Brexiteers and their media allies have declared war on our judiciary. On behalf of the people, the supreme court must push back.’

Full story

The Guardian, 5th December 2016

Source: www.guardian.co.uk

Comments Off on The judges protect us. It’s time to stand up for them – The Guardian

Senior judges prepare to hear Brexit supreme court appeal – The Guardian

Posted December 5th, 2016 in EC law, news, parliament, prerogative powers, referendums, Supreme Court, treaties by sally

‘All 11 of the UK’s most senior judges will take their seats on the supreme court bench on Monday to decide whether parliament or the government has the authority to trigger Brexit.’

Full story

The Guardian, 5th December 2016

Source: www.guardian.co.uk

Comments Off on Senior judges prepare to hear Brexit supreme court appeal – The Guardian