Lord Reed – Asset Recovery and the Rule of Law – Supreme Court
Lord Reed – Asset Recovery and the Rule of Law, Caribbean Judicial Civil Recovery Conference, Miami 3 September 2024
Supreme Court, 3rd September 2024
Source: www.supremecourt.uk
Category: Privy Council
Disbanding a parish – and a question of jurisdiction: All Saints Spring Park PCC – Law & Religion UK
‘All Saints Spring Park Parochial Church Council v Church Commissioners [2024] UKPC 23 was an appeal by the PCC and the incumbent of All Saints Spring Park under the Mission and Pastoral Measure 2011 to the Judicial Committee of the Privy Council against a scheme made by the Church Commissioners under the Measure. An episcopal visitation in 2016 had concluded that the parish was not financially viable [5], and the Commissioners made a scheme under the Measure to dissolve the parish and divide its area between the neighbouring parishes of St John Shirley and St George Shirley. The incumbent, Revd Yvonne Clarke – who was the first black woman to be ordained deacon in the Church of England and one of the first women to be ordained priest [3] – and the Parochial Church Council had made written representations on the proposal, but the Bishop of Southwark duly approved the scheme in June 2020.’
Law & Religion UK, 31st July 2024
Source: lawandreligionuk.com
Important Privy Council decision on standing in environmental cases – 39 Essex Chambers
‘The UK privy Council has handed down an important judgement on standing in environmental cases in Eco-Sud v. Minister of Environment, Solid Waste and Climate Change [2024] UKPC 19.’
39 Essex Chambers, 9th July 2024
Source: www.39essex.com
Sian v Halimedia: Insolvency vs Arbitration – Article by Ernest Leung cited in recent Privy Council decision – Wilberforce Chambers
‘In Sian Participation Corp v Halimedia International Ltd [2024] UKPC 16, Lords Briggs and Hamblen considered the issue of whether insolvency proceedings should be stayed where the underlying debt was covered by an arbitration agreement. In an appeal from the BVI, the Privy Council rejected the approach in Salford Estates (No 2) Ltd v Altomart Ltd (No 2) [2014] EWCA Civ 1575 where the English Court of Appeal stated that insolvency proceedings should be stayed in favour of arbitration proceedings unless there are exceptional circumstances (“the Salford Approach”). This means that even if the debtor company could not show that the debt is genuinely disputed on substantial grounds (a relatively low threshold), the petitioning creditor will still have to go through the arbitration process to establish the debt before seeking a winding-up order.’
Wilberforce Chambers, 21st June 2024
Source: www.wilberforce.co.uk
Consultation on the proposed revision of the Judicial Committee of the Privy Council Rules – Judicial Committee of the Privy Council
‘This paper sets out for consultation the proposed revision of the Judicial Committee of
the Privy Council Rules.’
Judicial Committee of the Privy Council, 15th April 2024
Source: www.jcpc.uk
The Sordid Controversies of Litigants? Why and When Facts Matter – Supreme Court
‘Lady Rose – The Sordid Controversies of Litigants? Why and When Facts Matter. The Neill Law Lecture 2024.’
Supreme Court, 23rd February 2024
Source: www.supremecourt.uk
An Evolving Institution: The work of the Judicial Committee of the Privy Council – Supreme Court
‘Lady Rose – An Evolving Institution: The work of the Judicial Committee of the Privy Council. The Queen’s Distinguished Lecture in Law.’
Supreme Court, 21st February 2024
Source: www.supremecourt.uk
Supreme Court and Privy Council simultaneously deliver important judgments on arbitration stays – Wilberforce Chambers
‘In FamilyMart Holding v Ting Chuan [2023] UKPC 33 delivered simultaneously with the decision in Republic of Mozambique v Credit Suisse International [2023] UKHL, Lord Hodge delivered two important judgments on how to define and identify the “matters” which give rise to stay of legal proceedings in favour of arbitration (in England under Section 9 Arbitration Act 1996) and certain other related issues. In doing so, these Courts have dropped the overly “granular” approach adopted by English Courts recently and opted for a more nuanced and analytical approach favoured by the Australian courts. The legal analysis in the two decisions is more or less identical.’
Wilberforce Chambers, 25th September 2023
Source: www.wilberforce.co.uk
Privy Council provides update on setting aside judgments and settlements for fraud – OUT-LAW.com
‘A Privy Council ruling in a case originating in Jamaica has sought to clarify what constitutes “new” evidence for claimants seeking to set aside a judgment or settlement based on fraud.’
OUT-LAW.com, 25th September 2023
Source: www.pinsentmasons.com
David Torrance: A Tale of Two Accessions: 1952 and 2022 – UK Constitutional Law Association
‘No two Accessions are the same. That of King Edward VII in 1901 was characterised by widespread confusion regarding custom and practice, for Queen Victoria’s succession to the Throne had long ago faded from the public consciousness. This time, the “official mind” was better prepared and the major difference between the Accession of King Charles III in 2022 and that of his mother Queen Elizabeth II in February 1952 was its visibility. By comparing the ceremonial surrounding these Accessions (and some others), this article reveals developments in what Walter Bagehot called the “dignified” constitution over the past seven decades.’
UK Constitutional Law Association, 28th September 2022
Source: ukconstitutionallaw.org
Freezing injunctions are permitted without an underlying cause of action, rules Privy Council – Littleton Chambers
‘On 4 October 2021, Privy Council handed down a landmark judgment in Convoy Collateral Ltd v Broad Idea International Ltd and Cho Kwai Chee [2021] UKPC 24. Lord Leggatt’s majority judgment provides the first comprehensive legal foundation for freezing and interim injunctions, and removes many of the restrictions imposed on injunctions by previous cases.’
Littleton Chambers, 7th October 2021
Source: littletonchambers.com
Chu v Lau [2020] UKPC 24: The Privy Council’s review of the law on just and equitable winding-up – Exchange Chambers
‘In its Judgment handed down on 12 October 2020, [[2020] UKPC 24], the Privy Council, comprised of Lord Hodge, Lord Briggs, Lady Arden, Lord Leggatt and Lord Burrows, provided a welcomed clarification of the law applicable to the just and equitable winding-up of a company; with a particular emphasis on the alternative rules which apply to those companies having the status of a quasi-partnership.’
Exchange Chambers, 16th October 2020
Source: www.exchangechambers.co.uk
Kate Ollerenshaw: Retained EU Case Law: A Fourth Option – UK Constitutional Law Association
‘The Ministry of Justice issued a consultation paper on Retained EU Case Law on 2 July 2020, seeking views on the exercise of the powers contained within Section 6(5A) of the European Union (Withdrawal) Act 2018 (“the 2018 Act”) that were inserted by Section 26(1) of the European Union (Withdrawal Agreement) Act 2020 (“the 2020 Act”). These powers allow the Government, inter alia, to designate additional courts and Tribunals (over and above those already given the power via Section 6(4) of the 2018 Act) as having the ability to depart from retained EU case law.’
UK Constitutional Law Association, 27th July 2020
Source: ukconstitutionallaw.org
Yuan Yi Zhu: The Supreme Court: Options for Change – UK Constitutional Law Association
‘Since the Conservative government’s landslide victory in the 2019 general election, constitutional reform has been on top of its agenda. The most high-profile target of its attention has been the Supreme Court, whose performance came under sustained Conservative criticism during Brexit, most notably in Miller II/Cherry. Few details have so far been published about the Government’s constitutional reform plans, and it remains possible that these never reach fruition, especially in the face of concerted political opposition. Nevertheless, given the government’s considerable parliamentary majority and the high priority given to constitutional reform at the political level, it seems that the Supreme Court’s days might indeed be numbered. Hence, it is worth considering, without offering an opinion on the desirability of reforming the Supreme Court, some possible options for change.’
UK Constitutional Law Association, 8th June 2020
Source: ukconstitutionallaw.org
Craig Prescott: Harry and Meghan, Regency, Counsellors of State and a “Slimmed Down” Royal Family – UK Constitutional Law Association
‘On 19th January, after discussions within the Royal Family, it was announced that the Duke and Duchess of Sussex will step back from royal duties, no longer receive public funds, or ‘formally represent the Queen’. Neither will they use their HRH titles, and more generally they will not be classed as ‘working members of the Royal Family’. Instead, the Sussexes will pursue a new life in Canada, outside the structure of the Royal Family, although they have committed to continue to ‘uphold the values of Her Majesty’.’
UK Constitutional Law Association, 21st January 2020
Source: ukconstitutionallaw.org
Lord Briggs at the Sultan Azlan Shah Law Lecture, Kuala Lumpur, Malaysia – Supreme Court
‘Lord Briggs at the Sultan Azlan Shah Law Lecture, Kuala Lumpur, Malaysia.’
Supreme Court, 5th November 2019
Source: www.supremecourt.uk
Stephen Tierney: Prorogation and the Courts: A Question of Sovereignty – UK Constitutional Law Association
‘The request made by the Privy Council that the Queen prorogue Parliament was a clumsy and inappropriate attempt to shorten the time available for parliamentary scrutiny of the Brexit process. That much seems clear from papers submitted to the Court of Session in Cherry. It is therefore no surprise that the Inner House was receptive to the petitioners’ argument that the advice given to Her Majesty violated the conventional purposes for which prorogation ought to be used and was therefore unconstitutional (Cherry, [1]; see also Lord Sumption). Where the court erred was in concluding that the act of prorogation was itself unlawful. The intimate relationship between the prerogative power to prorogue and the supremacy of Parliament precludes such a conclusion. If, as seems correct, a response to this breach of convention is warranted, it is one that can, constitutionally, only come from Parliament itself.’
UK Constitutional Law Association, 17th September 2019
Source: ukconstitutionallaw.org
Forthcoming JCPC challenge to same-sex marriage prohibition in Bermuda – Law & Religion UK
‘Does a law prohibiting same-sex marriage violate the right to manifest one’s religion or belief? This novel argument will soon be tested in the Judicial Committee of the Privy Council (JCPC), where the Government of Bermuda will be appealing against successive decisions by the island’s first instance and appellate courts to strike down legislation which prohibited same-sex marriage.’
Law & Religion UK, 30th July 2019
Source: www.lawandreligionuk.com
Supreme Court turns back on procedural appeals – Litigation Futures
‘The Supreme Court is not keen to entertain appeals on procedural points, its annual report has indicated. It handled 23 permissions to appeal (PTA) applications in relation to procedure in the year to 31 March 2019 – far more than any other category of law – and only granted permission in one of them.’
Litigation Futures, 11th June 2019
Source: www.litigationfutures.com
