Zoumbas v Secretary of State for the Home Department – WLR Daily

Posted November 29th, 2013 in appeals, asylum, children, human rights, immigration, law reports, Scotland, Supreme Court by sally

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

Posted November 29th, 2013 in appeals, asylum, children, human rights, immigration, law reports, Scotland, Supreme Court by sally

Zoumbas (Appellant) v Secretary of State for the Home Department [2013] UKSC 74 | UKSC 2013/0100 (YouTube)

Supreme Court, 27th November 2013

Source: www.youtube.com/user/UKSupremeCourt

Adam Perry and Farrah Ahmed: Are Constitutional Statutes ‘Quasi-Entrenched’? – UK Constitutional Law Group

Posted November 26th, 2013 in constitutional law, extradition, news, repeals, Scotland by tracey

‘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.’

Full story

UK Constitutional Law Group, 26th November 2013

Source: www.ukconstitutionallaw.org/blog

The disunited kingdom: England, Ireland and Scotland – CrimeLine

Posted November 7th, 2013 in constitutional history, devolution, Ireland, news, Scotland, speeches by tracey

“A Lecture to the Denning Society, at Lincoln’s Inn by Lord Sumption on 5 November 2013.”

Full lecture

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. ”

Full story

UK Human Rights Blog, 28th October 2013

Source: www.ukhumanrightsblog.com

McGraddie (Appellant) v McGraddie (AP) and another (AP) (Respondents) (Scotland) – Supreme Court

Posted August 2nd, 2013 in appeals, evidence, judges, law reports, Scotland, Supreme Court by sally

McGraddie (Appellant) v McGraddie (AP) and another (AP) (Respondents) (Scotland) 2013] UKSC 58 | UKSC 2012/0112 (YouTube)

Supreme Court, 31st July 2013

Source: www.youtube.com/user/UKSupremeCourt

McGraddie v McGraddie and another – WLR Daily

Posted August 1st, 2013 in appeals, evidence, judges, law reports, Scotland, Supreme Court by sally

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

South Lanarkshire Council (Appellant) v The Scottish Information Commissioner (Respondent) (Scotland) [2013] UKSC 55 | UKSC 2012/0126 (YouTube)

Supreme Court, 29th July 2013

Source: www.youtube.com/user/UKSupremeCourt

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.”

Full story

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

Kapri v Lord Advocate (representing the Government of the Republic of Albania) [2013] UKSC 48; [2013] WLR (D) 281

“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

Kapri (AP) (Appellant) v The Lord Advocate representing The Government of the Republic of Albania (Respondent) (Scotland) [2013] UKSC 48 | UKSC 2012/0192 (YouTube)

Supreme Court, 10th July 2013

Source: www.youtube.com/user/UKSupremeCourt

The Murder Trial – Channel 4

Posted July 10th, 2013 in courts, murder, news, retrials, Scotland, video recordings by sally

“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.”

4oD

Channel 4, 9th July 2013

Source: www.channel4.com

Should TV cameras be allowed in British courts? – Daily Telegraph

Posted July 9th, 2013 in courts, media, news, Scotland, video recordings by sally

“A Scottish trial has been filmed for TV. Could this ever happen in England, asks Neil Midgley.”

Full story

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.”

Full story

Local Government Lawyer, 26th June 2013

Source: www.localgovernmentlawyer.co.uk

North and others (Appellants) v Dumfries and Galloway Council (Respondent) (Scotland) – Supreme Court

North and others (Appellants) v Dumfries and Galloway Council (Respondent) (Scotland) [2013] UKSC 45 | UKSC 2011/0046 (YouTube)

Supreme Court, 26th June 2013

Source: www.youtube.com/user/UKSupremeCourt

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

O’Neill No 2 (Appellant) v Her Majesty’s Advocate (Respondent) (Scotland); Lauchlan (AP) (Appellant) v. Her Majesty’s Advocate (Respondent) (Scotland) – Supreme Court

Posted June 14th, 2013 in human rights, judges, law reports, Scotland, Supreme Court, time limits, trials by sally

O’Neill No 2 (Appellant) v Her Majesty’s Advocate (Respondent) (Scotland); Lauchlan (AP) (Appellant) v. Her Majesty’s Advocate (Respondent) (Scotland) [2013] UKSC 36 (YouTube)

Supreme Court, 13th June 2013

Source: www.youtube.com/user/UKSupremeCourt

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