G(AP) (Appellant) v Scottish Ministers and another (Respondents) (Scotland) – Supreme Court
Supreme Court, 18th December 2014
Category: Scotland
JO v GO and others – WLR Daily
JO v GO and others [2013] EWHC 3932 (COP); [2013] WLR (D) 495
‘The English Court of Protection had no jurisdiction under section 7(1)(a) of the Mental Capacity Act 2005 to exercise its functions under the Act in relation to an incapacitated adult no longer habitually resident in England and Wales. In the case of an adult lacking capacity to decide where to live, habitual residence could in principle be lost and another habitual residence acquired without the need for any court order or other formal process. Provided that the removal had not been wrongful the doctrine of necessity applied; what was required was a decision taken by a relative or carer which was reasonable, arrived at in good faith and taken in the best interests of the assisted person. There was nothing in the 2005 Act to displace that approach.’
WLR Daily, 13th December 2013
Source: www.iclr.co.uk
Zoumbas v Secretary of State for the Home Department – WLR Daily
Zoumbas v Secretary of State for the Home Department [2013] UKSC 74; [2013] WLR (D) 458
“The fact that the children of failed asylum seekers were not British citizens, and therefore had no right to education and health care in the United Kingdom, was relevant when assessing whether it was reasonable to expect them to live in another country if their parents were removed from the United Kingdom.”
WLR Daily, 27th November 2013
Source: www.iclr.co.uk
Zoumbas (Appellant) v Secretary of State for the Home Department – Supreme Court
Zoumbas (Appellant) v Secretary of State for the Home Department [2013] UKSC 74 | UKSC 2013/0100 (YouTube)
Supreme Court, 27th November 2013
Adam Perry and Farrah Ahmed: Are Constitutional Statutes ‘Quasi-Entrenched’? – UK Constitutional Law Group
‘The Supreme Court issued its decision in H v Lord Advocate (pdf) in 2012. The decision has been virtually ignored by constitutional scholars, but we believe it may be of great constitutional significance. In this post we explain why, starting with some background about constitutional statutes.’
UK Constitutional Law Group, 26th November 2013
Source: www.ukconstitutionallaw.org/blog
The disunited kingdom: England, Ireland and Scotland – CrimeLine
“A Lecture to the Denning Society, at Lincoln’s Inn by Lord Sumption on 5 November 2013.”
CrimeLine, 6th November 2013
Source: www.crimeline.info
Wind farms, birds, and that pesky thing called the rule of law – UK Human Rights Blog
“The current storms brought down a turbine in Teignmouth: see here for good pics of this and other mayhem. And the rule of law recently brought down a massive wind farm proposed for Shetland. The Scottish Ministers had waved aside a request for a public inquiry, and ended up drafting reasons which ignored the obligations in the Wild Birds Directive in respect of this bird – the whimbrel. Lady Clark quashed the consent on this ground, and also decided that the wind farmer could not apply for the consent anyway because it had not got the requisite licence which she concluded was a pre-condition for such an application. ”
UK Human Rights Blog, 28th October 2013
Source: www.ukhumanrightsblog.com
McGraddie (Appellant) v McGraddie (AP) and another (AP) (Respondents) (Scotland) – Supreme Court
Supreme Court, 31st July 2013
McGraddie v McGraddie and another – WLR Daily
McGraddie v McGraddie and another [2013] UKSC 58; [2013] WLR (D) 323
“An appellate court should not interfere with the trial judge’s conclusions on primary facts unless it was satisfied that he was plainly wrong.”
WLR Daily, 31st July 2013
Source: www.iclr.co.uk
South Lanarkshire Council v Scottish Information Commissioner – WLR Daily
South Lanarkshire Council v Scottish Information Commissioner [2013] UKSC 55; [2013] WLR (D) 307
“Whether processing personal data was ‘necessary’ within the meaning of condition 6 in Schedule 2 to the Data Protection Act 1998 was to be determined as part of the proportionality test established in European Union law so that a measure which interfered with a right protected by such law had to be the least restrictive for the achievement of a legitimate aim.”
WLR Daily, 29th July 2013
Source: www.iclr.co.uk
South Lanarkshire Council (Appellant) v The Scottish Information Commissioner (Respondent) (Scotland) – Supreme Court
Supreme Court, 29th July 2013
Council loses Supreme Court appeal over disclosure of equal pay data – Local Government Lawyer
“The Supreme Court has rejected an appeal by a council against disclosure of information on equal pay.”
Local Government Lawyer, 29th July 2013
Source: www.localgovernmentlawyer.co.uk
Kapri v Lord Advocate (representing the Government of the Republic of Albania) – WLR Daily
“An arrested person who resisted extradition on the basis that there was systemic corruption in the judicial system in the requesting country did not necessarily have to point to particular facts or circumstances affecting his case since such corruption affected everyone who was subjected to it and it was impossible to say that any individual who was returned to such a system would receive the right to a fair trial within article 6 of the Convention.”
WLR Daily, 10th July 2013
Source: www.iclr.co.uk
Kapri (AP) (Appellant) v The Lord Advocate representing The Government of the Republic of Albania (Respondent) (Scotland) – Supreme Court
Supreme Court, 10th July 2013
The Murder Trial – Channel 4
“For the first time ever, remotely operated cameras have been placed inside a British criminal court to capture a murder trial in its entirety for this feature-length documentary.”
Channel 4, 9th July 2013
Source: www.channel4.com
Should TV cameras be allowed in British courts? – Daily Telegraph
“A Scottish trial has been filmed for TV. Could this ever happen in England, asks Neil Midgley.”
Daily Telegraph, 8th July 2013
Source: www.telegraph.co.uk
Related link: Nat Fraser case: Murder trial to be broadcast on TV
The Daily Telegraph have recently introduced a limited paywall. Users will be permitted to view 20 Daily Telegraph articles per month for free, after which they will need to pay a subscription fee to access content.
Supreme Court gives green light to school staff to bring equal pay claims – Local Government Lawyer
“The Supreme Court has allowed an appeal by a 251-strong group of female council employees and restored an Employment Tribunal decision that they could bring equal pay claims.”
Local Government Lawyer, 26th June 2013
Source: www.localgovernmentlawyer.co.uk
North and others (Appellants) v Dumfries and Galloway Council (Respondent) (Scotland) – Supreme Court
Supreme Court, 26th June 2013
O’Neill v HM Advocate (No 2); Lauchlanv Same – WLR Daily
O’Neill v HM Advocate (No 2); Lauchlanv Same [2013] UKSC 36; [2013] WLR (D) 231
“The right to a trial within a reasonable time under article 6.1 of the Convention for the Protection of Human Rights and Fundamental Freedoms was a separate right from the right to a fair trial under that article. Consequently the time when a person was ‘charged’ with an offence for the purposes of time starting to run under the reasonable time guarantee might be different from the time when he should have had access to a lawyer for the purposes of ensuring a fair trial under article 6.1 read with article 6.3(c).”
WLR Daily, 13th June 2013
Source: www.iclr.co.uk
