Supreme Court seeks review of ‘illegality defence’ – OUT-LAW.com

Posted April 24th, 2015 in agency, fraud, illegality, news, Supreme Court, taxation by sally

‘Some of the UK’s most senior judges have said it is necessary to review how the so-called ‘illegality defence’ should be applied.’

Full story

OUT-LAW.com, 24th April 2015

Source: www.out-law.com

Supreme Court: the common law working out illegality defence – UK Human Rights Blog

Posted April 24th, 2015 in agency, fraud, illegality, news, Supreme Court, taxation by sally

‘Nigel Farage is quoted yesterday as preferring immigrants to be Australians and Indians rather than EU citizens, because they probably speak English and “understand common law.”’

Full story

UK Human Rights Blog, 23rd April 2015

Source: www.ukhumanrightsblog.com

1948 Malayan killings case reaches UK Supreme Court – BBC News

‘Relatives of 24 men killed by British troops in Malaya in 1948 will take their demands for a public inquiry to the Supreme Court later.’

Full story

BBC News, 22nd April 2015

Source: www.bbc.co.uk

Leapfrog granted: The death knell for Cookson v Knowles? – Cloisters

‘It has long been the case that the multiplier in a fatal accident claim is assessed at the date of death rather than at the date of trial: Cookson v Knowles [1979] AC 556. This is unlike the position in personal injury claims with living claimants where the multiplier is assessed at the date of trial.’

Full story

Cloisters, 24th April 2015

Source: www.cloisters.com

News focus: law and justice pledges – Law Society’s Gazette

‘The general election manifestos are in – here’s our quick-fire summary of their headline pledges on law and justice.’

Full story

Law Society’s Gazette, 20th April 2015

Source: www.lawgazette.co.uk

Women who wear religious veils in court must be respected, says UK’s most senior judge – The Independent

Posted April 20th, 2015 in court dress, courts, Islam, judges, news, religious discrimination, Supreme Court by sally

‘Women who choose to wear religious veils in court must be shown respect, the country’s most senior judge has said.’

Full story

The Independent, 17th April 2015

Source: www.independent.co.uk

R (on the application of Evans) and another (Respondents) v Attorney General (Appellant) – Supreme Court

R (on the application of Evans) and another (Respondents) v Attorney General (Appellant) [2015] UKSC 21 (YouTube)

Supreme Court, 26th March 2015

Source: www.youtube.com/user/UKSupremeCourt

In the matter of S (A Child) – Supreme Court

Posted April 14th, 2015 in appeals, care orders, costs, law reports, local government, Supreme Court by sally

In the matter of S (A Child) [2015] UKSC 20 (YouTube)

Supreme Court, 25th April 2015

Source: www.youtube.com/user/UKSupremeCourt

Pham (Appellant) v Secretary of State for the Home Department (Respondent) – Supreme Court

Pham (Appellant) v Secretary of State for the Home Department (Respondent) [2015] UKSC 19 (YouTube)

Supreme Court, 25th March 2015

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of SG and others ) v Secretary of State for Work and Pensions – Supreme Court

R (on the application of SG and others ) v Secretary of State for Work and Pensions [2015] UKSC 16 (YouTube)

Supreme Court, 18th March 2015

Source: www.youtube.com/user/UKSupremeCourt

Supreme Court to rule on illegal pollution levels – The Independent

Posted April 14th, 2015 in appeals, environmental protection, health, news, pollution, Supreme Court by sally

‘A Supreme Court ruling this week could finally force the Government to drastically speed up its plans to deal with dangerous levels of air pollution, as a long-running battle over illegal levels of nitrogen dioxide comes to a head.’

Full story

The Independent, 12th April 2015

Source: www.independent.co.uk

Pham v Secretary of State for the Home Department (Open Society Justice Initiative intervening) – WLR Daily

Pham v Secretary of State for the Home Department (Open Society Justice Initiative intervening) [2015] UKSC 19; [2015] WLR (D) 166

‘The question whether a person was not considered as a national by a state under the operation of its law, with the effect that he would be stateless if deprived of British citizenship, was not necessarily to be decided solely by reference to the text of the nationality legislation of the state in question, and reference might also be made to the practice of the government, even if not subject to effective challenge in the courts.’

WLR Daily, 25th March 2015

Source: www.iclr.co.uk

Nzolameso v Westminster City Council (Secretary of State for Communities and Local Government and another intervening) – WLR Daily

Nzolameso v Westminster City Council (Secretary of State for Communities and Local Government and another intervening) [2015] UKSC 22; [2015] WLR (D) 165

‘A local housing authority, in carrying out its duties under the Housing Act 1996, was obliged to accommodate a homeless person in suitable accommodation within its district if it was reasonably practicable to do so. The authority was to determine the suitability of the proposed accommodation by reference to the needs of the individual homeless person and each member of her household and to its location. Where accommodation was offered outside the authority’s district, the placement was to be as close as possible to where the members of the household had previously lived. In reaching its decision, the authority was required to take account of the Homelessness (Suitability of Accommodation) (England) Order 2012 (SI 2012/2601) and the guidance issued by the Secretary of State for Communities and Local Government. It was also required, by section 11(2) of the Children Act 2004, to have regard to the need to safeguard and to promote the welfare of the children concerned.’

WLR Daily, 2nd April 2015

Source: www.iclr.co.uk

In re S (A Child) (Access to Justice Foundation intervening) – WLR Daily

In re S (A Child) (Access to Justice Foundation intervening) [2015] UKSC 20; [2015] WLR (D) 163

‘The principle that orders for costs were not normally made in cases about children applied in cases involving local authorities, whether in relation to first instance proceedings or on appeal. A costs order would only be made where a party had acted reprehensibly in relation to the child or had taken an unreasonable stance in the proceedings, or if it were otherwise appropriate and just, as where the child’s welfare might be put at risk if a costs order were not made.’

WLR Daily, 25th March 2015

Source: www.iclr.co.uk

On fairness, elephants and principle – UK Human Rights Blog

Posted April 7th, 2015 in appeals, EC law, human rights, news, Supreme Court, terrorism by sally

‘Procedural fairness is a bit like an elephant. It is difficult to define in abstract, but you know a fair procedure when you see one. So Lawton LJ put it in Maxwell v Department of Trade [1974] QB 523, 539’

Full story

UK Human Rights Blog, 2nd April 2015

Source: www.ukhumanrightsblog.com

Supreme Court gives reasons for quashing offer of housing 50 miles away – Local Government Lawyer

Posted April 7th, 2015 in appeals, children, housing, local government, news, Supreme Court by sally

‘The Supreme Court has today given its reasons why it unanimously upheld a homeless mother of five’s appeal over a London borough’s offer of accommodation 50 miles away.’

Full story

Local Government Lawyer, 2nd April 2015

Source: www.localgovernmentlawyer.co.uk

On the Road Again – Nearly Legal

‘With remarkable speed, the Supreme Court has handed down its judgement in Nzolameso v Westminster City Council , having announced immediately after the hearing on 17/3/2015 that the appeal would be allowed, with reasons to follow.’

Full story

Nearly Legal, 3rd April 2015

Source: www.nearlylegal.co.uk

Care orders and accommodation pending appeal – Nearly Legal

Posted April 7th, 2015 in appeals, care orders, homelessness, housing, news, Supreme Court by sally

‘Our post on Nzolameso v City of Westminster [2015] UKSC 22 is here, but behind the headlines of the judgment (and it is a good judgment) is a whole history, even between the Court of Appeal and Supreme Court hearings.’

Full story

Nearly Legal, 3rd April 2015

Source: www.nearlylegal.co.uk

Tenant wins battle to stop Westminster council moving her out of London – The Guardian

Posted April 7th, 2015 in appeals, homelessness, housing, local government, news, Supreme Court by sally

‘A single mother of five children has won a protracted legal battle and prevented Westminster council from removing her family to Milton Keynes.’

Full story

The Guardian, 2nd April 2015

Source: www.guardian.co.uk

Montgomery Rules following the demise of Sidaway – No. 5 Chambers

Posted April 2nd, 2015 in appeals, birth, consent, hospitals, negligence, news, Scotland, Supreme Court by sally

‘The Supreme Court decision in the case of Montgomery v. Lanarkshire Health Board [2015] UKSC 11, 11 March 2015 sounds the death knell for Sidaway. The Supreme Court comprised of 7 Law Lords has now unequivocally said that Sidaway should not be followed in medical cases where consent is in issue. Allowing the appeal from the Scottish courts by a woman whose baby suffered shoulder dystocia in labour, the Supreme Court held that women have a right to information about ‘any material risk’ in order to make autonomous decisions about how to give birth.’

Full story

No. 5 Chambers, 30th March 2015

Source: www.no5.com