UK judges to rule on death penalties for ‘intellectually disabled’ – The Guardian

‘The fate of two Trinidadian prisoners, both of whom have been condemned to death despite having extremely low IQs, will be decided by British judges this week.’

Full story

The Guardian, 15th May 2016


Material Contribution and Williams – Hardwicke Chambers

Posted March 22nd, 2016 in appeals, medical treatment, negligence, news, Privy Council by sally

‘On 25 January 2016 the Judicial Committee of the Privy Council handed down judgment in the case of Williams v The Bermuda Hospitals Board [2016] UKPC 4, the most recent reported decision regarding material contribution in clinical negligence cases. While not binding in domestic courts the case is highly persuasive authority.’

Full story

Hardwicke Chambers, 8th March 2016


Higher education reform much-needed, but government must take time to get the framework right, says expert –

‘Reforming higher education in England is both long overdue, and vitally needed to protect the sector’s hard-won reputation.’

Full story, 15th January 2016


When does the clock start ticking? Limitation and the Privy Council case of Maharaj v Johnson – Hardwicke Chambers

Posted December 9th, 2015 in contracts, limitations, negligence, news, Privy Council by sally

‘The majority of claims against professionals are framed in contract, the tort of negligence, or a combination of both. As readers of this article will be aware, the Limitation Act 1980 provides the same limitation period for both causes of action: “six years from the date on which the case of action arose.” But readers will also know that those periods frequently begin (and more importantly end) on different dates. This is because a breach of contract is actionable per se, i.e. without the need to prove damage, where as a claim in negligence requires proof of damage, which will often occur some time after the breach of duty, which is said to have caused it. For this reason many claims which are out of time for a claim in contract, are nevertheless in time for a claim in the tort of negligence.’

Full story

Hardwicke Chambers, 2nd December 2015


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.’

Full story

Daily Telegraph, 25th November 2015


The right to a fair trial: part two – OUP Blog

Posted November 10th, 2015 in death penalty, freedom of expression, human rights, news, Privy Council, trials by sally

‘Human rights law has had a long and tortuous history in the UK, defined by some of the most fascinating cases in legal memory.’

Full story

OUP Blog, 10th November 2015


Courts likely to look for evidence that journalists have verified alleged defamatory statements, says expert –

Posted October 16th, 2015 in defamation, evidence, media, news, Privy Council, public interest by sally

‘Journalists seeking to rely on the new ‘public interest’ defence to a claim of defamation will still have to be able to prove that they have taken steps to verify the accuracy of what they have published, an expert has said.’

Full story, 15th October 2015


Queen intervenes to settle title feud opening way to title pretenders – Daily Telegraph

Posted October 12th, 2015 in DNA, evidence, news, peerages & dignities, precedent, Privy Council by tracey

‘DNA evidence could be used for the first time to resolve a feud over a hereditary title after the Queen personally intervened in the case.’

Full story

Daily Telegraph, 11th October 2015


‘Broader interest of justice’ can trump parties’ duty of candour in judicial review cases, says Privy Council –

‘Courts should not dismiss an application for judicial review solely on the grounds that one party has not complied with its duty to disclose all necessary facts and issues if doing so would not be in the interests of justice, one of the UK’s highest courts has ruled.’

Full story, 19th June 2015


Brantley and others v Constituency Boundaries Commission and others – WLR Daily

Posted May 21st, 2015 in boundaries, constitutional law, elections, law reports, Privy Council by sally

Brantley and others v Constituency Boundaries Commission and others [2015] UKPC 21; [2015] WLR (D) 209

‘A proclamation signed by the Governor General authorising alteration of the constituency boundaries in the territories of St Christopher and Nevis was made, under section 119 of the Constitution, when it was published in the Official Gazette; and it came into force, pursuant to section 50(6) of the Constitution, on the next dissolution of Parliament after it was made. Therefore, where the Governor General had dissolved Parliament with effect from 16 January 2015 and fixed the election date for 16 February 2015, and, by proclamation published in the Official Gazette on 20 January, authorised alteration of the constituency boundaries, the proclamation, having been made after the dissolution of Parliament, if valid only came into force on the dissolution of the Parliament elected in February 2015 and did not govern the 2015 election.’

WLR Daily, 11th May 2015


Nilon Limited v Royal Westminster Investments – Privy Council – claims involving BVI companies – 11 Stone Buildings

Posted March 17th, 2015 in appeals, choice of forum, foreign companies, jurisdiction, news, Privy Council by sally

‘The Privy Council decision in Nilon Limited v Royal Westminster Investments₁ has put the brakes on the expanding jurisdiction of the BVI Courts over claims involving BVI companies, and reiterated the need for a common sense approach to forum conveniens. Peter Head considers the decision.’

Full story (PDF)

11 Stone Buildings, February 2014


The Supreme Court in the United Kingdom Constitution – Lecture by Lady Hale

The Supreme Court in the United Kingdom Constitution (PDF)

Lecture by Lady Hale

The Bryce Lecture, 5th February 2015


British court to rule on death sentences for two Trinidad murderers – The Guardian

‘Seven British judges will consider whether two convicted murderers from Trinidad should have their death penalty sentences lifted by the privy council.’

Full story

The Guardian, 4th February 2015


Alternative Power Solution Ltd v Central Electricity Board and another – WLR Daily

Posted January 14th, 2015 in fraud, injunctions, law reports, letters of credit, Privy Council by tracey

Alternative Power Solution Ltd v Central Electricity Board and another; [2014] UKPC 31; [2015] WLR (D) 3

‘The test for the grant of an interlocutory injunction to prevent payment under an irrevocable letter of credit on the grounds of fraud was whether it was seriously arguable that, on the material available, the only realistic inference was that (i) the beneficiary could not honestly have believed in the validity of its demands under the letter of credit, and (ii) the bank had been aware of such fraud.’

WLR Daily, 9th September 2014


Yiacoub v The Queen – WLR Daily

Posted July 17th, 2014 in appeals, bias, judges, law reports, Privy Council by tracey

Yiacoub v The Queen; [2014] UKPC 22; [2014] WLR (D) 314

‘Justice was not seen to be done when a judge who had sat on the original trial was responsible for overseeing the constitution of the panel of judges which formed the court which heard the appeal.’

WLR Daily, 10th July 2014


Dhooharika v Director of Public Prosecutions (Commonwealth Lawyers Association intervening) – WLR Daily

Posted May 1st, 2014 in contempt of court, crime, law reports, media, Privy Council by sally

Dhooharika v Director of Public Prosecutions (Commonwealth Lawyers Association intervening) [2014] UKPC 11; [2014] WLR (D) 179

‘The common law offence of scandalising the court, a species of contempt of court which although abolished by statute in England and Wales continued to exist in many parts of the common law world, was “reasonably justifiable in a democratic society” within the meaning of section 12 of the Constitution of Mauritius.’

WLR Daily, 16th April 2014


Ramdeen v State of Trinidad and Tobago – WLR Daily

Ramdeen v State of Trinidad and Tobago: [2014] UKPC 7; [2014] WLR (D) 149

‘Once the Privy Council was seised of a death sentence case, whether by way of an appeal against conviction and/or an appeal against sentence, it had jurisdiction to deal with commutation of sentence, at least where the ground for commutation arose out of court procedures or decisions.’

WLR Daily, 27th March 2014


Ramdeen (Appellant) v The State (Respondent) – Judicial Committee of the Privy Council

Posted April 2nd, 2014 in appeals, death penalty, jurisdiction, law reports, murder, Privy Council by sally

Ramdeen (Appellant) v The State (Respondent) [2014] UKPC 7 (YouTube)

Supreme Court, 27th March 2014


Daniel v State of Trinidad and Tobago – WLR Daily

Posted February 18th, 2014 in appeals, defences, law reports, murder, Privy Council, provocation, Trinidad & Tobago by sally

Daniel v State of Trinidad and Tobago [2014] UKPC 3; [2014] WLR (D) 73

‘A defendant charged with murder could, in certain circumstances, rely on the defence of provocation, even though he himself had generated the provocative conduct.’

WLR Daily, 13th February 2014


Moss v The Queen – WLR Daily

Posted November 15th, 2013 in appeals, criminal justice, homicide, law reports, Privy Council, sentencing by tracey

Moss v The Queen: [2013] UKPC 32;   [2013] WLR (D)  434

“A criminal court normally had a duty to give a convicted defendant the opportunity to make representations before sentence upon him was passed, however little there might appear to be available to be said on his behalf, and an omission to do so was a serious breach of procedural fairness. The Privy Council so held in allowing an appeal by the defendant, Dominique Moss, against a sentence of 25 years’ imprisonment imposed by the Court of Appeal of the Commonwealth of The Bahamas (Hall CJ, Ganpatsingh and Osadebay JJA) on 28 October 2004 when it had allowed his appeal against his conviction for murder on 6 April 2004 (Isaacs J and a jury) and substituted a conviction for manslaughter.”

WLR Daily, 13th November 2013