Uprichard (Appellant) v Scottish Ministers and another – Supreme Court
Uprichard (Appellant) v Scottish Ministers and another [2013] UKSC 21 | UKSC 2012/0034 (YouTube)
Supreme Court, 24th April 2013
Uprichard (Appellant) v Scottish Ministers and another [2013] UKSC 21 | UKSC 2012/0034 (YouTube)
Supreme Court, 24th April 2013
“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.”
UK Human Rights Blog, 24th April 2013
Source: www.ukhumanrightsblog.com
“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.”
BBC News, 7th March 2013
Source: www.bbc.co.uk
Supreme Court, 27th February 2013
Supreme Court, 27th February 2013
Supreme Court, 23rd January 2013
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 [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
“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.”
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 [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
“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.”
The Guardian, 14th September 2011
Source: www.guardian.co.uk
“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?”
The Guardian, 27th July 2011
Soruce: www.guardian.co.uk
“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.”
BBC News, 13th June 2011
Source: www.bbc.co.uk
“A group of experts has been established to look at the impact of the UK Supreme Court on Scotland’s legal system.”
BBC News, 5th June 2011
Source: www.bbc.co.uk
“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.”
OUT-LAW.com, 23rd May 2011
Source: www.out-law.com
“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.”
The Guardian, 23rd May 2011
Source: www.guardian.co.uk
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.
“The Scottish government is to outline its ‘serious concerns’ about plans which it says could threaten the historic independence of Scots law.”
BBC News, 1st March 2011
Source: www.bbc.co.uk
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.
“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.