Supreme court poised to deliver article 50 judgment – The Guardian

Posted January 24th, 2017 in appeals, brexit, EC law, judgments, news, parliament, referendums, Supreme Court, treaties by sally

‘The supreme court is due to deliver its eagerly awaited Brexit judgment declaring whether ministers or parliament have legal authority to approve the UK’s departure from the European Union.’

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The Guardian, 24th January 2017

Source: www.guardian.co.uk

Four versions of Brexit law prepared as Government braced for Supreme Court defeat in Article 50 case – Daily Telegraph

Posted January 23rd, 2017 in brexit, EC law, legislative drafting, news, prerogative powers, Supreme Court, treaties by sally

‘Four different versions of the law giving Theresa May the power to start Brexit have already been prepared as ministers brace themselves for Supreme Court defeat this week.’

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Daily Telegraph, 21st January 2017

Source: www.telegraph.co.uk

The long arm of the law: Belhaj and Rahmatullah (No.1) – UK Human Rights Blog

‘This blog is the first covering the series of three important judgments given on Tuesday by the Supreme Court on issues arising out of the War on Terror and the United Kingdom’s interventions in Iraq and Afghanistan. Belhaj and another v Straw and others) and Rahmatullah (No 1) v Ministry of Defence and another [2017] UKSC 3 involved the alleged complicity of United Kingdom officials in allegedly tortious acts of the UK or other states overseas. The torts alleged include unlawful detention and rendition, torture or cruel and inhuman treatment and assault.’

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UK Human Rights Blog, 20th January 2017

Source: www.ukhumanrightsblog.com

Angela Patrick: Blushes and Torture: Act of State Doctrine and Justiciability – UK Constitutional Law Association

‘In a week when Supreme Court watchers expected to dissect the Brexit judgment, the Justices instead handed down their long awaited decision in the joined cases of Belhaj & Ors v Straw & Ors; Rahmatullah (No 1) v Ministry of Defence & Ors [2017] UKSC 3. These appeals both involved unsuccessful attempts to strike out claims based on allegations of UK complicity in international wrongs – including torture and rendition and arbitrary detention – on the basis that our domestic courts should not exercise their jurisdiction in either case.’

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UK Constitutional Law Association, 19th January 2017

Source: www.ukconstitutionallaw.org

‘Wheelchair v buggy’: Man wins Supreme Court case – BBC News

‘A disabled man has won a Supreme Court case after a dispute with a woman with a buggy over wheelchair space on a bus.’

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BBC News, 18th January 2017

Source: www.bbc.co.uk

Judges set to rule on Taliban bomb maker suing UK government – Daily Telegraph

‘The Supreme Court is expected this week to make it more difficult for former Taliban fighters to sue the Government over their detention in Afghanistan.’

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Daily Telegraph, 14th January 2017

Source: www.telegraph.co.uk

Supreme Court to rule next week on disability discrimination and public services – Local Government Lawyer

Posted January 13th, 2017 in disability discrimination, news, Supreme Court, transport by tracey

‘The Supreme Court will next week hand down a key ruling on the reasonable adjustments which a bus company is required to make to accommodate disabled wheelchair users.’

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Local Government Lawyer, 12th January 2017

Source: www.localgovernmentlawyer.co.uk

Mirza & Ors: The Rules are neither simple nor flexible so don’t leave it too late – UK Human Rights Blog

Posted January 12th, 2017 in appeals, fees, immigration, news, Supreme Court by tracey

‘Mirza and others v Secretary of State for the Home Department [2016] UKSC 63. The background to each of these appeals, although unfortunate, is not in any way extraordinary. Indeed, it is perhaps quite common for those applying for leave to remain to fall foul of procedural requirements or to be caught out by one of the many frequent changes in the legislative scheme governing immigration.’

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UK Human Rights Blog, 11th January 2017

Source: www.ukhumanrightsblog.com

Southern rail operator appeals to supreme court to block drivers’ strikes – The Guardian

Posted January 12th, 2017 in appeals, EC law, industrial action, news, railways, Supreme Court, trade unions, transport by tracey

‘Govia Thameslink Railway is taking a legal case against drivers’ union Aslef to the supreme court over its industrial action on Southern rail.’

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The Guardian, 11th January 2017

Source: www.guardian.co.uk

City heads to Supreme Court over council tax position where tenant moves out – Local Government Lawyer

Posted January 6th, 2017 in appeals, council tax, landlord & tenant, local government, news, Supreme Court by tracey

‘Leeds City Council is to seek permission from the Supreme Court to appeal a key ruling over whether landlords are responsible for paying council tax on a property when a tenant has moved out before the tenancy agreement has formally ended.’

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Local Government Lawyer, 5th January 2017

source: www.localgovernmentlawyer.co.uk

Richard Clayton QC: New Directions for Article 10: Strasbourg Reverses the Supreme Court in Kennedy – UK Constitutional Law Association

‘The Supreme Court decision in Kennedy v Charity Commission was striking from many points of view. Mr Kennedy was a journalist frustrated by the way the Commission handled his allegations concerning George Galloway MP’s controversial Iraq charity, the Miriam Appeal. He applied for disclosure of documents under the Freedom of Information Act, arguing that a prohibition from disclosure under s 32 should be interpreted compatibly with Article 10, as required by s 3 of the HRA. However, the Supreme Court declined to follow the recent ECtHR case law, holding that Article 10 did not encompass a right of access to information, deprecating the parties’ failure to rely upon the common law right to information and disagreeing over the question of whether proportionality should replace Wednesbury unreasonableness: see my previous post on this here.’

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UK Constitutional Law Association, 13th December 2016

Source: www.ukconstitutionallaw.org

Charity bequests shouldn’t have special status, Supreme Court hears – Law Society’s Gazette

Posted December 13th, 2016 in appeals, charities, news, Supreme Court, wills by sally

‘Charities should be treated no differently from any other beneficiary of a will when resolving disputes, seven Supreme Court judges heard today in a long running legal battle over a £468,000 bequest to animal charities. In Ilott v The Blue Cross and Others, the court is considing an appeal by three animal charities case against a Court of Appeal ruling setting aside a will on the grounds that it did not make reasonable provision for the testator’s daughter.’

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Law Society’s Gazette, 12th December 2016

Source: www.lawgazette.co.uk

A nation divided? – New Law Journal

Posted December 12th, 2016 in appeals, brexit, EC law, news, Scotland, Supreme Court, treaties by sally

‘Could the Sewel Convention scupper Brexit, asks Michael Zander QC.’

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New Law Journal, 8th December 2016

Source: www.newlawjournal.co.uk

Supreme Court to hear ‘unfair wills’ test case – Law Society’s Gazette

Posted December 12th, 2016 in appeals, charities, news, Supreme Court, wills by sally

‘The Supreme Court will today hear a case that should clarify the law on challenging wills on the grounds that they do not make reasonable provision. Animal charities are appealing a Court of Appeal decision in July last year in favour of Heather Ilott, who had been excluded from her mother Melita Jackson’s will.’

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Law Society’s Gazette, 12th December 2016

Source: www.lawgazette.co.uk

Rachel Jones: The Importance of Silences in the “Brexit” Appeals – UK Constitutional Law Association

‘Statutory silences are crucial to both sides. For Ms Miller, Lord Pannick contends that Parliament’s silence in the EU Referendum Act 2015 means that the Executive is not empowered to start the Article 50 process. Mr Eadie for the Government relies on the same silence for the diametrically opposed position.’

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UL Constitutional Law Association, 7th December 2016

Source: www.ukconstitutionallaw.org

Theresa May faces new Brexit legal challenge – Daily Telegraph

Posted December 12th, 2016 in brexit, constitutional law, EC law, judicial review, news, Supreme Court, treaties, veto by sally

‘Theresa May faces a new challenge to her bid to start the process to take Britain out of the European Union after it emerged that opponents plan to launch a fresh legal action on Monday.’

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Daily Telegraph, 11th December 2016

Source: www.telegraph.co.uk

Supreme court Brexit hearing: 10 things we learned – The Guardian

‘From the royal prerogative and Henry VIII clause to what makes lawyers laugh – and how to interpret a judge’s choice of tie.’

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The Guardian, 8th December 2016

Source: www.guardian.co.uk

Lawyer urges supreme court to throw out Brexit case after article 50 vote – The Guardian

Posted December 9th, 2016 in constitutional law, news, parliament, prerogative powers, Supreme Court, trials by sally

‘The supreme court has been urged to throw out a momentous legal challenge to the government’s powers to trigger Brexit, with Downing Street lawyers claiming parliament’s support for exiting the EU was conclusively demonstrated this week.’

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The Guardian, 8th December 2016

Source: www.guardian.co.uk

Robert Craig: Miller: The Statutory Basis Argument – A Primer – UK Constitutional Law Association

Posted December 6th, 2016 in appeals, constitutional law, EC law, news, royal prerogative, Supreme Court, treaties by sally

‘This is a brief (1200 words brief) summary of the ‘statutory basis’ argument. This post responds directly to the fact that, in the Supreme Court case being heard today, Lord Mance directly asked Mr Eadie QC whether Article 50 had been incorporated. Mr Eadie said that it was not because it did not have ‘direct effect’. It is suggested that the failure to claim Article 50 is in fact part of domestic law was mistaken. A strong argument can be made that triggering Article 50 could be done under an existing statutory power.’

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UK Constitutional Law Association, 5th December 2016

Source: www.ukconstitutionallaw.org

Profile: the 11 justices of the UK supreme court – The Guardian

Posted December 6th, 2016 in judges, judiciary, news, Supreme Court by sally

‘The justices deciding on the appeal by the government against the high court’s ruling on article 50.’

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The Guardian, 5th December 2016

Source: www.guardian.co.uk