Uprichard (Appellant) v Scottish Ministers and another – Supreme Court

Posted April 25th, 2013 in environmental protection, law reports, planning, Scotland, Supreme Court by sally

Uprichard (Appellant) v Scottish Ministers and another [2013] UKSC 21 | UKSC 2012/0034 (YouTube)

Supreme Court, 24th April 2013

Source: www.youtube.com/user/UKSupremeCourt

Supreme Court find A1P1 breach in retrospective legislation – UK Human Rights Blog

“When can an agricultural landlord turf out his tenant farmer? The answer to this question has ebbed and flowed since the Second World War, but one element of the latest attempt by the Scottish Parliament to redress the balance in favour of tenants has just been declared incompatible with Article 1 of the 1st Protocol (A1P1) as offending landlords’ rights to property. The Supreme Court has so ruled, upholding the Second Division of the Court of Session’s ruling in March 2012.”

Full story

UK Human Rights Blog, 24th April 2013

Source: www.ukhumanrightsblog.com

Psychiatric wards ‘neglect’ duty to parents – BBC News

Posted March 8th, 2013 in children, hospitals, mental health, news, Scotland by tracey

“Psychiatric hospitals must consider the children of those who are given compulsory mental health treatment, according to a health watchdog. The Mental Welfare Commission says most healthcare staff are unaware of their responsibilities to help parents to maintain contact with their children.”

Full story

BBC News, 7th March 2013

Source: www.bbc.co.uk

Joint Administrators of Heritable Bank plc (Respondent) v The Winding-Up Board of Landsbanki Islands HF (Appellant) (Scotland) – Supreme Court

Posted February 28th, 2013 in appeals, banking, cross-claims, insolvency, law reports, Scotland, Supreme Court by sally

Joint Administrators of Heritable Bank plc (Respondent) v The Winding-Up Board of Landsbanki Islands HF (Appellant) (Scotland) [2013] UKSC 13 | UKSC 2011/0234 (YouTube)

Supreme Court, 27th February 2013

Source: www.youtube.com/user/UKSupremeCourt

Davies and another t/a All Stars Nursery (Appellants) v. The Scottish Commission for the Regulation of Care (Scotland) (Respondent) – Supreme Court

Posted February 28th, 2013 in appeals, children, law reports, Scotland, social services, Supreme Court by sally

Davies and another t/a All Stars Nursery (Appellants) v. The Scottish Commission for the Regulation of Care (Scotland) (Respondent) [2013] UKSC 12 | UKSC 2012/0048 (YouTube)

Supreme Court, 27th February 2013

Source: www.youtube.com/user/UKSupremeCourt

Lloyds TSB Foundation for Scotland (Respondent) v. Lloyds Banking Group Plc (Appellant) (Scotland) – Supreme Court

Posted January 23rd, 2013 in accounts, charities, EC law, law reports, Scotland, takeovers by sally

Lloyds TSB Foundation for Scotland (Respondent) v. Lloyds Banking Group Plc (Appellant) (Scotland) [2013] UKSC 3 | UKSC 2012/0042 (YouTube)

Supreme Court, 23rd January 2013

Source: www.youtube.com/user/UKSupremeCourt

Kinloch v HM Advocate – WLR Daily

Kinloch v HM Advocate: [2012] UKSC 62; [2012] WLR (D) 385

“Since unauthorised police surveillance of a person engaged in criminal activity in public places did not infringe that person’s right to respect for his private life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Lord Advocate, in adducing evidence obtained by means of such unauthorised surveillance at the trial of that person, had not acted incompatibly with his right to a fair trial under article 6(1) of the Convention, and had accordingly acted within his powers under section 57(2) of the Scotland Act 1998, as amended. However, the question whether the police had acted incompatibly with a Convention right was not a devolution issue within paragraph 1(d) of Schedule 6 to the Scotland Act 1998 and therefore could not be determined under the Supreme Court’s devolution jurisdiction.”

WLR Daily, 19th December 2012

Source: www.iclr.co.uk

M v Scottish Ministers – WLR Daily

M v Scottish Ministers [2012] UKSC 58; [2012] WLR (D) 365

“It had been unlawful for the Scottish Ministers to fail to make the necessary regulations defining a who was a ‘qualifying patient’ detained at a ‘qualifying hospital’ and thus entitled to apply for a declaration from the Mental Health Tribunal for Scotland that he was a person detained under conditions of excessive security pursuant to section 268 of the Mental Health (Care and Treatment) (Scotland) Act 2003 which came into force on 1 May 2006 pursuant to section 333(2) of that Act.”

WLR Daily, 28th November 2012

Source: www.iclr.co.uk

WithoutPrejudice 16: Justice & Security – Abu Qatada – Contempt – Occupy – Scotland referendum – Charon QC

“The Justice & Security Green Paper – Abu Qatada – The Occupy judgment  – Contempt of court and a quick look at the legal issues involved in the Scotland Independence referendum proposed by Alex Salmond.”

Podcast

Charon QC, 19th January 2012

Source: charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

HM Advocate v P – WLR Daily

HM Advocate v P [2011] UKSC 44; [2011] WLR (D) 290

“There was no absolute rule that evidence which had been obtained from an accused who had been questioned by police when he had not been given access to legal advice, but which existed independently of his answers, was inadmissible.”

WLR Daily, 6th October 2011

Source: www.iclr.co.uk

UK supreme court’s jurisdiction in Scotland upheld by review panel – The Guardian

Posted September 15th, 2011 in constitutional law, news, reports, Scotland, Supreme Court by tracey

“An expert panel has upheld the right of the UK supreme court to overrule Scottish judges despite heated and vigorous attacks on its powers by Alex Salmond and his justice minister Kenny MacAskill.”

Full story

The Guardian, 14th September 2011

Source: www.guardian.co.uk

Who will be the two new supreme court judges? – The Guardian

Posted July 28th, 2011 in judges, news, Scotland, Supreme Court, surety by tracey

“The UK supreme court announced this week that it was looking to recruit a couple of new judges (at salaries of £206,857). There is one immediate vacancy following the death of Lord Rodger last month, and there will be a further vacancy next April when Lord Brown retires. Who will get the jobs?”

Full story

The Guardian, 27th July 2011

Soruce: www.guardian.co.uk

Scottish Parliament financial powers set to be boosted – BBC News

Posted June 13th, 2011 in loans, news, parliament, Scotland by tracey

“The UK government has unveiled plans to give the Scottish Parliament more financial powers. Holyrood will be able to borrow more money, issue bonds to access cash from capital markets and protect itself from sudden changes in spending levels. The powers will be brought forward in an enhanced Scotland Bill, which is already going through Westminster.”

Full story

BBC News, 13th June 2011

Source: www.bbc.co.uk

Salmond appoints experts to look at Supreme Court – BBC News

Posted June 6th, 2011 in news, Scotland, Supreme Court by tracey

“A group of experts has been established to look at the impact of the UK Supreme Court on Scotland’s legal system.”

Full story

BBC News, 5th June 2011

Source: www.bbc.co.uk

Making English injunctions apply in Scotland will be easy, says expert – OUT-LAW.com

Posted May 23rd, 2011 in contempt of court, injunctions, news, Scotland by sally

“Extending English injunctions to Scotland would be a ‘small step’ that could result in Scottish publishers facing contempt of court charges, according to one legal expert.”

Full story

OUT-LAW.com, 23rd May 2011

Source: www.out-law.com

Injunction served in England – published in Scotland – The Guardian

Posted May 23rd, 2011 in injunctions, media, news, Scotland by sally

“Scottish newspapers have a history of serving scoops on stories which have been the subject of gagging orders passed by English courts. This has been possible because of Scotland’s distinct legal system.”

Full story

The Guardian, 23rd May 2011

Source: www.guardian.co.uk

Enviroco Ltd v Farstad Supply A/S – WLR Daily

Enviroco Ltd v Farstad Supply A/S [2011] UKSC 16; [2011] WLR (D) 126

“When a Scottish holding company’s entire shareholding in one of its subsidiary companies had been pledged to a Scottish creditor as security and, pursuant to Scots law, the creditor had become the registered shareholder, the subsidiary company was, for the purposes of section 736 of the Companies Act 1985, no longer a subsidiary of the holding company.”

WLR Daily, 6th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

‘Serious concerns’ over UK Supreme Court change – BBC News

Posted March 1st, 2011 in criminal justice, news, Scotland, Supreme Court by sally

“The Scottish government is to outline its ‘serious concerns’ about plans which it says could threaten the historic independence of Scots law.”

Full story

BBC News, 1st March 2011

Source: www.bbc.co.uk

Principal Reporter v K and others – WLR Daily

Posted December 17th, 2010 in children, contact orders, human rights, law reports, parental rights, Scotland by sally

Principal Reporter v K and others [2010] UKSC 56; [2010] WLR (D) 332

“Positive procedural obligations inherent in the right to respect for family life required sufficient safeguards to be put in place so that a parent or other person whose family life with the child was at risk in the proceedings was given a proper opportunity to participate in the decision-making process.”

WLR Daily, 16th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Cadder v HM Advocate (HM Advocate General for Scotland and JUSTICE intervening) – WLR Daily

Cadder v HM Advocate (HM Advocate General for Scotland and JUSTICE intervening) [2010] UKSC 43 SC; [2010] WLR(D) 268

“An accused’s rights would, in principle, be irretrievably prejudiced if incriminating statements made during police interrogation without access to a lawyer were admitted in evidence at trial. Accordingly, s 14 of the Criminal Procedure (Scotland) Act 1995 should be read and given effect so as to preclude the admission of such evidence, unless in the particular circumstances of the case there had been compelling reasons for restricting access to a lawyer.”

WLR Daily, 26th October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.