The Sordid Controversies of Litigants? Why and When Facts Matter – Supreme Court

Posted February 27th, 2024 in contracts, interpretation, judiciary, news, Privy Council, Supreme Court by tracey

‘Lady Rose – The Sordid Controversies of Litigants? Why and When Facts Matter. The Neill Law Lecture 2024.’

Full speech

Full Story

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.’

Full speech

Full Story

Supreme Court, 21st February 2024

Source: www.supremecourt.uk

Supreme Court and Privy Council simultaneously deliver important judgments on arbitration stays – Wilberforce Chambers

Posted October 9th, 2023 in appeals, arbitration, chambers articles, news, Privy Council, Supreme Court by sally

‘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.’

Full Story

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

Posted September 26th, 2023 in evidence, fraud, Jamaica, judgments, news, Privy Council, setting aside by sally

‘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.’

Full Story

OUT-LAW.com, 25th September 2023

Source: www.pinsentmasons.com

Lawyer Dinah Rose KC sues the Times for libel – The Guardian

‘A leading lawyer is suing the Times for libel over a report relating to a complaint against her to the barristers’ watchdog for England and Wales.’

Full Story

The Guardian, 6th February 2023

Source: www.theguardian.com

David Torrance: A Tale of Two Accessions: 1952 and 2022 – UK Constitutional Law Association

Posted September 29th, 2022 in burials and cremation, Crown, news, Privy Council, royal family, succession by sally

‘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.’

Full Story

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.’

Full Story

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.’

Full Story

Exchange Chambers, 16th October 2020

Source: www.exchangechambers.co.uk

Kate Ollerenshaw: Retained EU Case Law: A Fourth Option – UK Constitutional Law Association

Posted July 28th, 2020 in brexit, EC law, news, precedent, Privy Council, Supreme Court by sally

‘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.’

Full Story

UK Constitutional Law Association, 27th July 2020

Source: ukconstitutionallaw.org

Yuan Yi Zhu: The Supreme Court: Options for Change – UK Constitutional Law Association

Posted June 8th, 2020 in constitutional law, news, parliament, Privy Council, Supreme Court by sally

‘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.’

Full Story

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

Posted January 21st, 2020 in constitutional law, Crown, news, Privy Council, royal family by sally

‘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’.’

Full Story

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.’

Full speech

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.’

Full Story

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.’

Full Story

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.’

Full Story

Litigation Futures, 11th June 2019

Source: www.litigationfutures.com

Lady Hale gives the Michael Ryle Lecture at the House of Lords, London – Supreme Court

‘Should the Law Lords have left the House of Lords?’

Full speech

Supreme Court, 14th November 2018

Source: www.supremecourt.uk

Trinidad judge loses bid to halt legal inquiry into his private life – The Guardian

‘Judges in London have dismissed an attempt by the chief justice of Trinidad and Tobago to halt a legal investigation into his private life and alleged business dealings.’

Full Story

The Guardian, 16th August 2018

Source: www.theguardian.com

The history and importance of the Judicial Committee of the Privy Council – OUP Blog

Posted June 8th, 2018 in legal history, news, Privy Council by sally

‘The Judicial Committee of the Privy Council (JCPC) signifies different things to different people. It is both a court and an advisory body. It rules on disputes ranging from the personal, such as the inheritance of a hereditary title amid accusations of historic infidelity, to those of great public importance, such as the validity of elections, or significant commercially, such as the ownership or control of Turkey’s largest mobile phone company. It renders advice to a Queen and a Sultan and sits as the final court for 30 overseas jurisdictions, including three republics. It is at the same time an anachronism and a functioning part of many modern systems of justice. For some it is a hanging court, and for others an upholder of human rights.’

Full Story

OUP Blog, 4th June 2018

Source: blog.oup.com

Trinidad waits on British judges’ death row ruling as murders soar – The Guardian

Posted January 15th, 2018 in appeals, death penalty, jurisdiction, news, Privy Council, Trinidad & Tobago by sally

‘Five British judges will this week consider whether a prisoner who may be mentally ill should remain on death row after a Caribbean court convicted him of murdering another inmate.’

Full Story

The Guardian, 15th January 2018

Source: www.theguardian.com

Privy Council: ‘fairness’ central to whether evidence must be put to party at trial – OUT-LAW.com

Posted August 21st, 2017 in cohabitation, cross-examination, evidence, news, Privy Council, shareholders by sally

‘The question of whether a case will fall if a judge rejects a party’s evidence on grounds which that party has not had a chance to explain during the trial should be based on whether the overall trial is fair, senior UK judges have indicated.’

Full Story

OUT-LAW.com, 18th August 2017

Source: www.out-law.com