Category: Supreme Court

Regina (ZO (Somalia)) v Secretary of State for the Home Department; Regina (MM (Burma)) v Same – WLR Daily

Posted July 29th, 2010 in asylum, employment, law reports, Supreme Court by sally

Regina (ZO (Somalia)) v Secretary of State for the Home Department; Regina (MM (Burma)) v Same [2010] UKSC 36; [2010] WLR (D) 203

“An asylum seeker who made a new application for asylum after his original application for asylum had finally failed, was entitled to the benefits conferred by the European Directive setting minimum standards for the reception of asylum seekers. That included an entitlement to permission to work if the new application had not been determined within one year of its presentation.”

WLR Daily, 28th July 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.

Morrison Sports Ltd and others v Scottish Power UK plc – WLR Daily

Posted July 29th, 2010 in electricity, law reports, negligence, Supreme Court, vicarious liability by sally

Morrison Sports Ltd and others v Scottish Power UK plc [2010] UKSC 37; [2010] WLR (D) 202

“A person who suffered loss as a result of a breach of statutory duty did not have a private right of action for damages when there was statutory provision for other forms of enforcement of the duty on behalf of the public.”

WLR Daily, 28th July 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.

Libel law must be changed to protect free speech, Supreme Court hears – Daily Telegraph

Posted July 27th, 2010 in defamation, freedom of expression, internet, news, Supreme Court by sally

“People should be free to criticise each other on the internet without fear of being sued, the Supreme Court heard yesterday in a test libel case which could could make it easier to rely on the fair comment defence.”

Full story

Daily Telegraph, 27th July 2010

Source: www.telegraph.co.uk

Southern Pacific Securities 05-2 plc (in substitution for Southern Pacific Personal Loans Ltd) v Walker and another – WLR Daily

Posted July 9th, 2010 in consumer credit, interest, law reports, Supreme Court by sally

Southern Pacific Securities 05-2 plc (in substitution for Southern Pacific Personal Loans Ltd) v Walker and another [2010] UKSC 32; [2010] WLR (D) 175

“A credit broker administration fee and the interest payable on it were properly included in the charge for credit within the meaning of the Credit Consumer Act 1974 and the Consumer Credit (Total Charge for Credit) Regulations 1980, and accordingly, since those items did not form part of the amount of credit as set out in a loan agreement made between parties in 2005, that amount was correctly stated and the agreement was enforceable.”

WLR Daily, 8th July 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.

HJ v Secretary of State for the Home Department; HT v Same ú – WLR Daily

Posted July 9th, 2010 in asylum, homosexuality, immigration, law reports, refugees, Supreme Court by sally

HJ v Secretary of State for the Home Department; HT v Same ú [2010] UKSC 31; [2010] WLR (D) 174

“To reject a gay person’s claim for refugee status on the ground that, if returned to his home country, he could avoid persecution by living discreetly would be to deny his right, protected by the 1951 Convention and 1967 Protocol relating to the Status of Refugees, to live freely and openly as himself without fear of persecution. The current test, that such a claim would fail where the claimant could reasonably be expected to live discreetly concealing his sexual identity to avoid persecution, if returned to his home country, was wrong and should not be followed.”

WLR Daily, 8th July 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.

Why the Supreme Court ruled against the deportation of gay asylum-seekers – The Independent

Posted July 8th, 2010 in asylum, deportation, homosexuality, news, Supreme Court by sally

“Gay and lesbian asylum-seekers have won the right to live in Britain after the Supreme Court ruled yesterday that the Government was wrong to return refugees to countries where people had to choose between homophobic persecution or hiding their true sexual identity.”

Full story

The Independent, 8th July 2010

Source: www.independent.co.uk

Supreme court recognises gay asylum rights – The Guardian

Posted July 7th, 2010 in asylum, homosexuality, international law, news, refugees, Supreme Court by sally

“Judgment means lesbian, gay, bisexual and transgender people have the right to escape persecution.”

Full story

The Guardian, 7th July 2010

Source: www.guardian.co.uk

Court to rule on gay asylum seekers – The Independent

Posted July 7th, 2010 in asylum, deportation, homosexuality, news, Supreme Court by sally

“The Supreme Court rules today on cases brought by two gay failed asylum seekers who could face persecution if they are deported.”

Full story

The Independent, 7th July 2010

Source: www.independent.co.uk

R (Smith) v Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) – WLR Daily

Posted July 2nd, 2010 in armed forces, human rights, inquests, jurisdiction, law reports, Supreme Court by sally

R (Smith) v Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) [2010] UKSC 29; [2010] WLR (D) 165

“British soldiers on active service abroad were not, as such, within the jurisdiction of the United Kingdom within the meaning of art 1 of the Human Rights Convention and were accordingly not protected by the Convention rights scheduled to the Human Rights Act 1998. Assuming, however, that the Convention did protect servicemen abroad, a inquest that complied with the procedural obligation in art 2 was not automatically required whenever a member of the armed forces died on active service.”

WLR Daily, 1st July 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.

Regina (Noone) v Governor of HMP Drake Hall and another – WLR Daily

Posted July 1st, 2010 in law reports, prisons, release on licence, sentencing, Supreme Court by sally

Regina (Noone) v Governor of HMP Drake Hall and another [2010] UKSC 30; [2010] WLR (D) 164

“The release provisions of the Criminal Justice Act 1991 applied to sentences of under 12 months’ imprisonment, unless they were imposed concurrently or consecutively with sentences of 12 months or over, in which case the provisions of the Criminal Justice Act 2003 applied.”

WLR Daily, 30th June 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.

Full judgment: R (Smith) v Secretary of State for Defence – The Guardian

Posted July 1st, 2010 in armed forces, human rights, law reports, Supreme Court by sally

“Read the full judgment from the UK Supreme Court that found that British troops deployed abroad are not protected by the Human Rights Act outside of military bases.”

Full story

The Guardian, 30th June 2010

Source: www.guardian.co.uk

Supreme court quashes troops’ human rights ruling – The Independent

Posted June 30th, 2010 in armed forces, human rights, inquests, news, Supreme Court, war by sally

“The country’s highest court today quashed a landmark ruling that British soldiers serving abroad are protected by human rights laws at all times.”

Full story

The Independent, 30th June 2010

Source: www.independent.co.uk

Supreme court to rule on human rights of soldiers – The Independent

Posted June 30th, 2010 in armed forces, human rights, news, Supreme Court, war by sally

“The Supreme Court rules today on a Government challenge to a landmark ruling that British soldiers serving abroad are protected by human rights laws.”

Full story

The Independent, 30th June 2010

Source: www.independent.co.uk

Lord Hope: The Creation of the Supreme Court – was it worth it? – The Guardian

Posted June 29th, 2010 in news, speeches, Supreme Court by sally

“Read in full the annual Gray’s Inn Reading at Barnard’s Inn by Lord Hope of Craighead, Deputy President of the UK Supreme Court.”

Full story

The Guardian, 24th June 2010

Source: www.guardian.co.uk

Austin v Southwark London Borough Council – WLR Daily

Posted June 25th, 2010 in housing, landlord & tenant, law reports, local government, repossession, Supreme Court by sally

Austin v Southwark London Borough Council [2010] UKSC 28; [2010] WLR (D) 156

“The right of a ‘tolerated trespasser’, a person continuing to occupy his rented home following a breach of the terms of a conditional suspended possession order, to apply to the court for postponement of the date for possession to enable him to remedy the default and revive the secure tenancy, under s 85(2) of the Housing Act 1985, survived his death and could, consequently, be exercised by his personal representative.”

WLR Daily, 24th June 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.

Secretary of State for the Home Department v AP (No 2) – WLR Daily

Posted June 24th, 2010 in anonymity, control orders, human rights, law reports, Supreme Court, terrorism by sally

Secretary of State for the Home Department v AP (No 2) [2010] UKSC 26; [2010] WLR (D) 154

 “The public interest in publishing a full report of control order proceedings, identifying the suspected terrorist involved, had to give way to the need to protect the suspected terrorist from the risk of violence in circumstances where he was required to live in a town in which there were considerable community tensions and racist attacks on members of the Muslim community had taken place.”

WLR Daily, 23rd June 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.

MS (Palestinian Territories) v Secretary of State for the Home Department – WLR Daily

Posted June 17th, 2010 in appeals, asylum, immigration, law reports, Supreme Court by sally

MS (Palestinian Territories) v Secretary of State for the Home Department [2010] UKSC 25; [2010] WLR (D) 150

“The specifying of a particular country or territory of destination in a notice of a decision to remove an illegal immigrant from the United Kingdom was not an integral part of an immigration decision within the meaning of s 82(2)(h) of the Nationality, Immigration and Asylum Act 2002. There was no freestanding right of appeal against an immigration decision on the ground that the person to be deported was unlikely to be admitted to the destination specified.”

WLR Daily, 16th June 2010

Source: www.lawreports.co.uk

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

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

Posted June 17th, 2010 in control orders, human rights, law reports, Supreme Court by sally

Secretary of State for the Home Department v AP [2010] UKSC 24; [2010] WLR (D) 149

“Conditions in a control order which were proportionate restrictions upon the right to private and family life could nevertheless be decisive in determining that the overall effect of the order amounted to a deprivation of liberty.”

WLR Daily, 16th June 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.

Terror suspect wins control order appeal – BBC News

Posted June 16th, 2010 in control orders, human rights, news, Supreme Court by sally

“A terror suspect subject to a control order has won his appeal on the grounds that it breached his human rights.”

Full story

BBC News, 16th June 2010

Source: www.bbc.co.uk

Supreme court prepares to rule on heiress’s prenuptial agreement battle – The Guardian

Posted June 7th, 2010 in news, prenuptial agreements, Supreme Court by sally

“A supreme court ruling expected this week is being seen as setting a precedent for divorcing couples who have signed prenuptial agreements.”

Full story

The Guardian, 6th June 2010

Source: www.guardian.co.uk