Rainy Sky SA and others v Kookmin Bank – WLR Daily

Rainy Sky SA and others v Kookmin Bank [2011] UKSC 50; [2011] WLR (D) 311

“When the term of a contract was capable of having two possible meanings which were both arguable, it was appropriate for the court to have regard to considerations of commercial common sense and to adopt the construction which was more, rather than less, commercial.”

WLR Daily, 2nd November 2011

Source: www.iclr.co.uk

UK supreme court judges air concerns over having to follow Europe’s lead – The Guardian

Posted October 27th, 2011 in human rights, judges, judgments, news, Supreme Court by sally

“The UK’s supreme court is not always ‘supreme’ because it has to follow the lead of the European court of human rights in Strasbourg, whose rulings are sometimes too narrow in scope, according to the country’s most senior judge, Lord Phillips.”

Full story

The Guardian, 26th October 2011

Source: www.guardian.co.uk

The UK supreme court is changing the way we think about law – The Guardian

Posted October 27th, 2011 in constitutional reform, devolution, human rights, judiciary, news, Supreme Court by sally

“The separation of judiciary and legislature will bring about a more confrontational relationship between judges and ministers.”

Full story

The Guardian, 26th October 2011

Source: www.guardian.co.uk

UK supreme court sits on cusp of tradition and modernity – The Guardian

Posted October 26th, 2011 in judges, news, Supreme Court by sally

“Two years after its founding, five supreme court justices explain how they reach judgments of national significance.”

Full story

The Guardian, 25th October 2011

Source: www.guardian.co.uk

Supreme court: does it deliver justice? – video – The Guardian

Posted October 26th, 2011 in judges, news, Supreme Court by sally

“The supreme court, the highest court of appeal in the UK, is two years old. The Guardian’s legal affairs correspondent, Owen Bowcott, gained exclusive access to the court and questioned the justices about their decisions, their democratic credentials, and whether or not they represent modern British society.”

Video

The Guardian, 25th October 2011

Source: www.guardian.co.uk

UK supreme court’s only female judge calls for more diversity in appointments – The Guardian

Posted October 26th, 2011 in diversity, equality, judiciary, news, Supreme Court by sally

“Lady Hale is the only woman justice to sit in the supreme court. She longs for female company – perhaps another three women judges, and is tired of being told that it is only ‘a matter of time’.”

Full story

The Guardian, 25th October 2011

Source: www.guardian.co.uk

In re Kaupthing Singer and Friedlander Ltd – WLR Daily

Posted October 20th, 2011 in administration orders, insolvency, law reports, Supreme Court, surety by tracey

In re Kaupthing Singer and Friedlander Ltd [2011] UKSC 48;  [2011] WLR (D)  297

“The equitable rule which prevented a person sharing in a fund while his debts to the fund were unpaid was trumped by the rule against double proof in a suretyship situation.”

WLR Daily, 19th October 2011

Source: www.iclr.co.uk

Regina (Davies and another) v Revenue and Customs Comrs; Regina (Gaines-Cooper) v Same – WLR Daily

Posted October 20th, 2011 in income tax, law reports, Supreme Court by tracey

Regina (Davies and another) v Revenue and Customs Comrs; Regina (Gaines-Cooper) v Same [2011] UKSC 47;  [2011] WLR (D)  296

“In order to gain non-resident status for tax purposes, a person who had left the United Kingdom had to demonstrate a distinct break from his or her previous pattern of life in the UK. Such a test was clear from the ordinary law of residence, and the Inland Revenue guidance booklet IR20 (operative until 2009) did not contain any less stringent test which taxpayers could rely on.”

WLR Daily, 19th October 2011

Source: www.iclr.co.uk

Supremely misreported – The Guardian

Posted October 18th, 2011 in news, Supreme Court by sally

“One of the reasons for creating the supreme court was to make justice at the highest level more transparent and understandable, and to clarify the role of the UK’s top court and judges. Certainly, the new supreme court is easy to find and visit: in August 2011 an average of 398 people came to look around each day (a total of 8646 during the month), despite the airport-style security at the entrance. It now speaks clearly and accessibly. Judgments are released with succinct press summaries. Since May 2011 it has been possible to watch proceedings live online. The court announces decisions with a brief summary explaining the facts of the case and the court’s decision. These judicial soundbites fit easily into TV coverage. Where cases attract significant media interest, the court organises a budget-style ‘lock-in’ arrangement for broadcast journalists allowing them to go on air as the case is announced.”

Full story

The Guardian, 17th October 2011

Source: www.guardian.co.uk

Supreme Court feels the strain as cases back up – The Lawyer

Posted October 17th, 2011 in appeals, delay, news, Supreme Court by sally

“Two-year wait for hearings at highest court as recession sees litigants dig in for the long haul.”

Full story

The Lawyer, 17th October 2011

Source: www.thelawyer.com

Regina (Aguilar Quila and another) v Secretary of State for the Home Department (AIRE Centre and others intervening) Regina (Bibi and another) v Same (Same intervening) – WLR Daily

Posted October 13th, 2011 in human rights, immigration, law reports, marriage, Supreme Court by tracey

Regina (Aguilar Quila and another) v Secretary of State for the Home Department (AIRE Centre and others intervening) Regina (Bibi and another) v Same (Same intervening) [2011] UKSC 45; [2011] WLR (D) 291

“An immigration rule designed to deter forced marriages, which prevented the granting of leave to enter or remain in the United Kingdom as a spouse if either of the parties to the marriage was aged under 21, was an unjustified interference with the right to family life.”

WLR Daily, 12th October 2011

Source: www.iclr.co.uk

Retiring Supreme Court president defends human rights – BBC News

Posted October 12th, 2011 in human rights, news, Supreme Court by sally

“The founding president of the UK’s Supreme Court, Lord Phillips, has defended the Human Rights Act as he announces his retirement.”

Full story

BBC News, 11th October 2011

Source: www.bbc.co.uk

Decisions, decisions: the best case scenario – The Guardian

Posted October 12th, 2011 in diversity, equality, inquiries, judiciary, news, Supreme Court by sally

“Not every supreme court justice need be a judge – or even a barrister.”

Full story

The Guardian, 11th October 2011

Source: www.guardian.co.uk

Nine men, a Lady and the Master – The Guardian

Posted October 11th, 2011 in judges, news, Supreme Court by sally

“Who will replace Lord Phillips when he retires as the Supreme Court’s president?”

Full story

The Guardian, 10th October 2011

Source: www.guardian.co.uk

Courts in a clash – in in-depth look at a closely watched Supreme Court ruling on arbitrators – Legal Week

Posted September 29th, 2011 in arbitration, news, Supreme Court by sally

“Hogan Lovells’ Jerome Finnis dissects a surprise decision by the Court of Appeal regarding the nationality of arbitrators, and why the Supreme Court reversed it.”

Full story

Legal Week, 29th September 2011

Source: www.legalweek.com

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

Sharon Shoesmith unfair dismissal ruling backed by supreme court – The Guardian

“The supreme court has rejected applications by the Department for Education and Haringey council to challenge a landmark ruling that Sharon Shoesmith was unfairly sacked following the death of Baby P.”

Full story

The Guardian, 2nd August 2011

Source: www.guardian.co.uk

Belmont Park Investments Pty v BNY Corporate Trustee Services Ltd – WLR Daily

Posted July 29th, 2011 in insolvency, law reports, Supreme Court, winding up by tracey

Belmont Park Investments Pty v BNY Corporate Trustee Services Ltd [2011] UKSC 38;  [2011] WLR (D)  260

“The policy behind the anti-deprivation rule in insolvency law, that parties could not, on bankruptcy, deprive the bankrupt of property which would otherwise be available for creditors, was to be given a commonsense application which prevented its application to bona fide commercial transactions which did not have as their predominant purpose the deprivation of the property of one of the parties on bankruptcy.”

WLR Daily, 27th July 2011

Source: www.iclr.co.uk

Supreme Court upholds CoA Lehman ruling using 200-year-old insolvency law – The Lawyer

Posted July 28th, 2011 in contracts, insolvency, news, Supreme Court by tracey

“A seven-strong panel of Supreme Court justices has dismissed an attempt by the trustees of Lehman Brothers to recoup £61m from noteholders, by upholding an insolvency law principle that has existed for 200 years.”

Full story

The Lawyer, 27th July 2011

Source: www.thelawyer.com

Wilberforce silk fails to win over Supreme Court in pensions case – The Lawyer

Posted July 28th, 2011 in judgments, law reports, legislation, pensions, Supreme Court by tracey

“The Department of Work and Pensions (DWP) is set to redraft pensions legislation after defeat in a key pensions case in the Supreme Court this morning.”

Full story

The Lawyer, 27th July 2011

Source: www.thelawyer.com