MPs better placed than judges to decide public interest, says attorney general – The Guardian

‘Politicians are frequently better placed than judges to decide what constitutes the public interest in releasing information about foreign relations, national security and other areas, according to the attorney general.’

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The Guardian, 8th February 2016

Source: www.guardian.co.uk

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An open or shut case? – UK Human Rights Blog

‘R(C) v. Secretary of State for Justice [2016] UKSC 2. When is it right to keep the names of parties to litigation a secret? That was the difficult question the Supreme Court had to grapple with in this judgment, handed down on Wednesday. The decision to allow a double-murderer to remain anonymous led to outraged headlines in the tabloids. Yet the Court reached the unanimous conclusion that this was the right approach. Why?.’

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UK Human Rights Blog, 29th January 2016

Source: www.ukhumanrightsblog.com

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Paroled murderer wins fight to remain anonymous – The Guardian

Posted January 27th, 2016 in anonymity, appeals, mental health, murder, news, parole, Supreme Court by sally

‘A convicted murderer, recently released from a psychiatric hospital, has won his supreme court battle to keep his identity secret.’

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The Guardian, 27th January 2016

Source: www.guardian.co.uk

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Gordon-Saker: Newspaper’s rights not breached by success fees and ATE recovery – Litigation Futures

‘A newspaper’s right to free expression under article 10 of the European Convention was not breached by being ordered to pay success fees and after-the-event (ATE) insurance premiums, Master Gordon-Saker has ruled.’

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Litigation Futures, 19th January 2016

Source: www.litigationfutures.com

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Asset acquisitions and mergers: Eurotunnel in the Supreme Court – Competition Bulletin from Blackstone Chambers

Posted January 19th, 2016 in appeals, competition, mergers, news, Supreme Court, transport by sally

‘The Supreme Court’s recent decision in Eurotunnel II ([2015] UKHL 75) brings some much-needed clarity to what was becoming a rather opaque corner of the UK merger regime. It also contains statements of general principle which are bound to make it one of the most frequently-cited merger cases.’

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Competition Bulletin from Blackstone Chambers, 18th January 2016

Source: www.competitionbulletin.com

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No relief from the Supreme Court – Radcliffe Chambers

‘The Supreme Court has held in Thevarajah v Riordan [2015] UKSC 78 that:
(1) a party who failed to obtain relief from sanctions for non compliance with an order
cannot make a second application for relief without demonstrating a material change
in circumstances; and
(2) belated compliance with an order does not, of itself, constitute a material change
in circumstances.’

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Radcliffe Chambers, 7th January 2016

Source: www.radcliffechambers.com

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Footage of Supreme Court hearings proves an unlikely hit with the public – The Independent

Posted January 4th, 2016 in news, Supreme Court, video recordings by sally

‘It was expected to be little more than an iPlayer for law students: more than 900 hours of footage from inside the Supreme Court, offering a window on the often dry and sometimes fiendishly complex legal deliberations.’

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The Independent, 3rd January 2016

Source: www.independent.co.uk

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Supreme Court: Failure to disclose evidence did not breach Art 6 – UK Human Rights Blog

Posted December 21st, 2015 in disclosure, evidence, human rights, jurisdiction, news, Scotland, Supreme Court by sally

‘The Supreme Court has unanimously dismissed an appeal against a decision of Scotland’s High Court of Justiciary (available here) in which it refused to overturn a criminal conviction on the basis that the non-disclosure of evidence breached the appellant’s right to a fair trial under Article 6 of the European Convention on Human Rights (ECHR).’

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UK Human Rights Blog, 18th December 2015

Source: www.ukhumanrightsblog.com

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Supreme Court: no “material change” means no second application for relief from sanctions – Litigation Futures

‘Litigants are not entitled to make a second application for relief from sanctions unless there has been a “material change in circumstances”, the Supreme Court has ruled.’

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Litigation Futures, 17th December 2015

Source: www.litigationfutures.com

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Britain’s Supreme Court says targeting young black men for stop-and-search ‘benefits them’ – The Independent

‘The Supreme Court has been accused of using “stereotypes” to justify the “targeting of young black men” after five judges gave their strong backing to the police’s random stop and search powers.’

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The Independent, 17th December 2015

Source: www.independent.co.uk

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Austerity and Public Law: Alexander Latham: Defending Rights in the Face of Austerity: Is the Supreme Court Calling Time on Social Housing Managerialism? – UK Constitutional Law Association

‘In cases involving social housing, English courts have traditionally taken what we might call a “managerial” approach: their starting-point for analysis has not been the tenant or applicant for housing as a rights-holder, but the need of local authorities to distribute their scarce resources effectively. In Burrows v Brent LBC [1996] 1 WLR 1448, for example, where a tenant who was permitted to remain after a possession order was held not to have been impliedly granted a new tenancy, Lord Browne-Wilkinson said that “housing authorities try to conduct their housing functions as humane and reasonable landlords” (at 1455). The tenant might be forgiven for wondering why this should count against him, but clearly the implication is that as ‘humane and reasonable landlords’ local authorities should be left to manage their housing stock with as little interference from the courts as possible. More recently this attitude led to the courts’ extreme reluctance to enable a public sector tenant to rely on article 8 ECHR in possession proceedings. When the Supreme Court finally acceded to pressure from Strasbourg, it nevertheless drew the teeth from the human rights defence by agreeing with the Secretary of State’s submission that “a local authority’s aim in wanting possession should be a ‘given’ ” (Manchester CC v Pinnock [2011] UKSC 6, per Lord Neuberger at [53]), so that “there will be no need, in the overwhelming majority of cases, for the local authority to explain and justify its reasons for seeking a possession order” (Hounslow LBC v Powell [2011] UKSC 8, per Lord Hope at [37]). The local authority is simply assumed to be acting in a way which benefits the general welfare; this assumption is then taken to justify the effect of its actions on individuals in all but the most extreme of cases.’

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UK Constitutional Law Association, 9th December 2015

Source: www.ukconstitutionallaw.org

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Judicial system should be “more ready to accommodate academics”, Lord Neuberger says – Litigation Futures

Posted December 9th, 2015 in disabled persons, diversity, equality, gender, judges, judiciary, news, Supreme Court by sally

‘The judicial system should be “more ready to accommodate academics” who were “more notable for their quality than for their quantity”, Lord Neuberger has said.’

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Litigation Futures, 9th December 2015

Source: www.litigationfutures.com

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Estranged lesbian couple’s fight over child goes to supreme court – The Guardian

‘The question of whether a seven-year-old girl, caught up in an international dispute between her estranged lesbian mothers, should be subject to British justice is to be decided by the supreme court.’

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The Guardian, 8th December 2015

Source: www.guardian.co.uk

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Family law: setting aside orders – Law Society’s Gazette

‘On 14 October the Supreme Court (SC) gave judgments in Sharland v Sharland [2015] UKSC 60 and Gohil v Gohil [2015] UKSC 61. Both Mrs Sharland and Mrs Gohil were successful in the respective consent orders being set aside due to significant non-disclosure by their former husbands.’

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Law Society’s Gazette, 7th December 2015

Source: www.lawgazette.co.uk

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Supreme Court: not enough for directors to use powers ‘honestly’ or ‘in good faith’ – OUT-LAW.com

Posted December 7th, 2015 in appeals, company directors, disclosure, news, shareholders, Supreme Court by sally

‘Directors of a publicly-listed gas exploration company were not entitled to impose voting restrictions on certain shareholders which had failed to comply with statutory disclosure notices, the UK’s highest court has ruled.’

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OUT-LAW.com, 4th December 2015

Source: www.out-law.com

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Menelaou v Bank of Cyprus plc – WLR Daily

Posted November 26th, 2015 in appeals, banking, law reports, restitution, Supreme Court by tracey

Menelaou v Bank of Cyprus plc: [2015] UKSC 66; [2015] WLR (D) 438

‘Where a person was given a property by her parents bought with money from the sale of the family home, made possible by a bank having agreed to release its charges over the family home (securing the parents’ borrowing) to allow it to be sold, in return for receiving a lump sum payment out of the proceeds of sale to reduce the borrowing and a fresh charge over the new property to secure the remaining indebtedness, but— because the person had not been told of the fresh charge and it had been defectively executed— the new charge was void, the bank had an equitable interest in the new property to the extent of the value of the purported charge, which it could enforce by means of subrogation to an unpaid vendor’s lien.’

WLR Daily 4th November 2015

Source: www.iclr.co.uk

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Malayan killings families lose UK Supreme Court appeal – BBC News

‘Relatives of 24 rubber plantation workers killed by British troops almost 70 years ago in Malaya have lost an appeal for an official investigation.’

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BBC News, 25th November 2015

Source: www.bbc.co.uk

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After Cavendish Square/ParkingEye, is it more or less likely to be a penalty? – Employment Law Blog

Posted November 25th, 2015 in appeals, news, parking, penalties, Supreme Court by sally

‘Reports of the decision of the Supreme Court in the joined appeals in Cavendish Square and ParkingEye left me confused because some reckoned the decision represented a narrowing of the application of the penalty doctrine whilst others considered it had expanded the doctrine’s scope. So on a wet weekend afternoon I took hold of a copy of the Judgment – [2015] UKSC 67- and tasked myself to find out. Here is what I found.’

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Employment Law Blog, 23rd November 2015

Source: www.employment11kbw.com

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Senior British judges decide if DNA evidence can ‘uncover affair’ and settle Scottish hereditary title dispute – Daily Telegraph

‘Norman Murray Pringle, an accountant living in High Wycombe, is attempting to prove his aristocratic entitlement as the next baronet of Stichill.’

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Daily Telegraph, 25th November 2015

Source: www.telegraph.co.uk

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Jack Straw and senior spy could avoid torture prosecution – The Guardian

‘The former foreign secretary Jack Straw and Sir Mark Allen, a former senior MI6 officer, could avoid prosecution over complicity in the rendition and torture of two Libyan dissidents by claiming immunity, the supreme court has been told.’

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The Guardian, 11th November 2015

Source: www.guardian.co.uk

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