Supreme Court, 22nd May 2013
Vestergaard Frandsen A/S (now called mvf3 Apps) and others (Appellants) v Bestnet Europe Limited and others (Respondents) – Supreme Court
Supreme Court, 22nd May 2013
Public Prosecution Service (Respondent) v McKee (Appellant) – Supreme Court
Public Prosecution Service (Respondent) v McKee (Appellant) [2013] UKSC 32 | UKSC 2012/0007 (YouTube)
Supreme Court, 22nd May 2013
Marks & Spencer plc v Revenue and Customs Commissioners – WLR Daily
Marks & Spencer plc v Revenue and Customs Commissioners [2013] UKSC 30; [2013] WLR (D) 191
“The inquiry as to whether a parent company established in the United Kingdom was entitled to cross-border group relief in respect of the losses of its non-resident subsidiaries was to be conducted on the basis of the circumstances existing as at the date of its claim, and not at the end of the accounting period in which those losses crystallised.”
WLR Daily, 22nd May 2013
Source: www.iclr.co.uk
Alison L. Young: Fact/Law – a Flawed Distinction? – UK Constitutional Law Group
“If prizes were awarded to ‘Distinctions in English law’, then a good contender for the ‘lifetime achievement’ award would be the distinction between ‘law’ and ‘fact’. Whilst adventurers have their Swiss Army knife, and the Dr has his sonic screwdriver, lawyers have the multi-purpose malleable ‘law/fact’ distinction which is just as capable of opening or closing avenues of review, or providing a deus ex machina ‘get out of jail free’ card – or so a perusal of two recent decisions of the Supreme Court might have us believe.”
UK Constitutional Law Group 21st May 2013
Source: www.ukconstitutionallaw.org
When do the secular courts protect the rights of a minister of religion? When is a minister of religion called by God to a non-contractual relationship and when does she do her job under a contract? – Employment Law Blog
“The Supreme Court held in The President of the Methodist Conference v Preston that a Methodist minister was not an employee and therefore had no claim for unfair dismissal.”
Employment Law Blog, 20th May 2013
Source: www.employment11kbw.com
Shurely shome mishtake? – 4 New Square
“The Supreme Court’s decision on mistake and the flawed exercise of discretion by trustees, and the impact of the decision on professional advisers and their insurers.”
Full story (PDF)
4 New Square, 17th May 2013
Source: www.4newsquare.com
Preston (formerly Moore) v President of the Methodist Conference – WLR Daily
Preston (formerly Moore) v President of the Methodist Conference [2013 UKSC 29; [2013] WLR (D) 179
“The basis for the rights and duties of an ordained minister of the Methodist Church were to be found in the constitutional provisions of the church and not in any arrangement of a kind which could amount to a contract. Therefore a Methodist minister was not an ‘employee’ of the church for the purposes of section 230 of the Employment Rights Act 1996 and was not entitled to bring proceedings for unfair dismissal against the church.”
WLR Daily, 15th May 2013
Source: www.iclr.co.uk
The President of the Methodist Conference (Appellant) v Preston (Respondent) – Supreme Court
Supreme Court, 15th May 2013
Supreme Court rules that God is above the law – Daily Telegraph
“It has passed judgments affecting multimillionaires, multinational banks and MPs but now Britain’s highest court has made clear that it does not have jurisdiction over God.”
Daily Telegraph, 15th May 2013
Source: www.telegraph.co.uk
Pitt and another v Holt and another; Futter and another v Futter and others – WLR Daily
“The court’s jurisdiction to intervene in a decision made by trustees who were acting within their power arose only if they could be shown to have acted in breach of duty. Trustees who wished to exercise a discretion which was within their powers and sought and acted on the advice of apparently competent professional advisers not in breach of duty merely because the professional advice turned out to be incorrect.”
WLR Daily, May 2013
Source: www.iclr.co.uk
Supreme Court ruling on trustee mistakes “likely to create uncertainty”, says expert – OUT-LAW.com
“A Supreme Court ruling on the circumstances in which courts can set aside decisions made wrongly by trustees is ‘likely to create uncertainty’ due to the subjective nature of the test, an expert has said.”
OUT-LAW.com, 10th May 2013
Source: www.out-law.com
BNY Corporate Trustee Services Limited and others (Respondents) v Neuberger Berman Europe Ltd(on behalf of Sealink Funding Ltd) and others (Appellants); BNY Corporate Trustee Services Limited and others (Respondents) v Eurosail-UK 2007-3BL PLC (Appellant) – Supreme Court
Supreme Court, 9th May 2013
Futter and another (Appellants) v The Commissioners for Her Majesty’s Revenue and Customs (Respondent); Pitt and another (Appellants) v The Commissioners for Her Majesty’s Revenue and Customs (Respondent) – Supreme Court
Supreme Court, 9th May 2013
SL (FC) (Respondent) v Westminster City Council (Appellant) – Supreme Court
SL (FC) (Respondent) v Westminster City Council (Appellant) [2013] UKSC 27 | UKSC 2011/0229 (YouTube)
Supreme Court, 9th May 2013
Guidance from the Supreme Court on human rights damages – UK Human Rights Blog
“Faulkner, R (on the application of ) v Secretary of State for Justice and another [2013] UKSC 23. The Supreme Court has taken a fresh look at what is meant by the Human Rights Act exhortation to take Strasbourg jurisprudence ‘into account’ when fashioning remedies for violations of Convention rights, in this case the right not to be arbitrarily detained under Article 5.”
UK Human Rights Blog, 2nd May 2013
Source: www.ukhumanrightsblog.com
UK could face substantial EU fines after Supreme Court ruling on air pollution, says expert – OUT-LAW.com
“The UK could face legal proceedings and substantial fines from the European
Commission as a result of its failure to meet air pollution limits, an expert
has said.”
OUT-LAW.com, 3rd May 2013
Source: www.out-law.com
WHA Limited and another (Appellants) v Her Majesty’s Revenue and Customs (Respondent) – Supreme Court
Supreme Court, 1st May 2013
R (on the application of ClientEarth) (Appellant) v. The Secretary of State for the Environment, Food and Rural Affairs (Respondent) – Supreme Court
Supreme Court, 1st May 2013

