Category: Supreme Court

Regina v Ahmad and another; Regina v Fields and others – WLR Daily

Posted June 20th, 2014 in appeals, apportionment, assets recovery, confiscation, conspiracy, fraud, joint enterprise, law reports, proceeds of crime, sentencing, Supreme Court, VAT by tracey

Regina v Ahmad and another: Regina v Fields and others: [2014] UKSC 36; [2014] WLR (D) 264

‘Where the court, in confiscation proceedings, found that the benefit of the relevant criminal conduct had been jointly obtained, each defendant was liable for the whole of the amount of the benefit and no apportionment was to be made between the co-defendants. However, to avoid double recovery by the state, where there was finding of joint obtaining, so that the confiscation order in respect of each defendant was made for the value of the whole benefit, the order would contain the condition that it would not to be enforced to the extent that a sum had been recovered by way of satisfaction of another confiscation order made in relation to the same joint benefit.’

WLR Daily, 18th June 2014

Source: www.iclr.co.uk

Regina (Nunn) v Chief Constable of Suffolk Constabulary – WLR Daily

Posted June 20th, 2014 in appeals, disclosure, evidence, forensic science, law reports, murder, Supreme Court by tracey

Regina (Nunn) v Chief Constable of Suffolk Constabulary: [2014] UKSC 37; [2014] WLR (D) 265

‘Where, after a defendant’s trial had ended in his conviction, material came to light which might cast doubt on the safety of the conviction, the prosecutors’ duty of disclosure required him to disclose that material to the defendant, unless there were good reason not to do so, and, where there was a real prospect that further inquiry might reveal such material, to make that inquiry. There was, however, no indefinitely continuing duty on police or prosecutors to respond to whatever inquiries the defendant might make for access to case materials to allow re-investigation.’

WLR Daily, 18th June 2014

Source: www.iclr.co.uk

Criminal records scheme incompatible with Convention rights – Supreme Court judgment – Panopticon

Posted June 19th, 2014 in appeals, cautions, criminal records, human rights, news, privacy, Supreme Court, vetting by sally

‘As readers of this blog will know, the application of the Government’s criminal records scheme has been subject to extensive litigation of late (see further not least my post on an appeal involving a teacher and my post on an appeal involving a taxi-driver). Perhaps most importantly, in the case of T & Anor v Secretary of State for the Home Department, questions have been raised about whether the scheme as a whole is compatible with Convention rights and, in particular, the Article 8 right to privacy. Last year, the Court of Appeal concluded that the scheme was incompatible. In a judgment given yesterday, the majority of the Supreme Court has agreed with that conclusion (Lord Wilson dissenting).’

Full story

Panopticon, 19th June 2014

Source: www.panopticonblog.com

Old and minor convictions and cautions need not be disclosed – Supreme Court – UK Human Rights Blog

Posted June 19th, 2014 in cautions, criminal records, disclosure, employment, human rights, news, Supreme Court by sally

‘The Supreme Court has unanimously declared that government rules regarding the disclosure of spent convictions are unlawful and incompatible with Article 8 of the Convention.’

Full story

UK Human Rights Blog, 18th June 2014

Source: www.ukhumanrightsblog.com

Supreme Court rejects Kevin Nunn’s evidence release plea – BBC News

Posted June 18th, 2014 in appeals, disclosure, evidence, forensic science, murder, news, Supreme Court by sally

‘A man serving life in prison for murdering his ex-girlfriend has lost his fight to have forensic exhibits retested.’

Full story

BBC News, 18th June 2014

Source: www.bbc.co.uk

R (Appellant) v Ahmad and another (Respndents); R (Respondent) v Fields and others (Appellants) – Supreme Court

Posted June 18th, 2014 in appeals, assets recovery, confiscation, conspiracy, fraud, joint enterprise, law reports, proceeds of crime, sentencing, Supreme Court, VAT by sally

R (Appellant) v Ahmad and another (Respndents); R (Respondent) v Fields and others (Appellants) [2014] UKSC 36 (YouTube)

Supreme Court, 18th June 2014

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of Nunn) (Appellant) v Chief Constable of Suffolk Constabulary and another (Respondents) – Supreme Court

Posted June 18th, 2014 in appeals, disclosure, evidence, forensic science, judicial review, law reports, murder, Supreme Court by sally

R (on the application of Nunn) (Appellant) v Chief Constable of Suffolk Constabulary and another (Respondents) [2014] UKSC 37 (YouTube)

Supreme Court, 18th June 2014

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of T and another) (Respondents) v Secretary of State for the Home Department and another (Appellants) – Supreme Court

Posted June 18th, 2014 in appeals, criminal records, disclosure, employment, human rights, law reports, privacy, Supreme Court, ultra vires by sally

R (on the application of T and another) (Respondents) v Secretary of State for the Home Department and another (Appellants) [2014] UKSC 35 (YouTube)

Supreme Court, 18th June 2014

Source: www.youtube.com/user/UKSupremeCourt

Kevin Nunn: Judges to rule over fresh forensic tests eight years after murder conviction – The Independent

Posted June 18th, 2014 in appeals, disclosure, evidence, forensic science, murder, news, Supreme Court by sally

‘A salesman serving life in prison for murdering his former girlfriend will today find out the result of his Supreme Court fight to have key forensic exhibits retested.’

Full story

The Independent, 18th June 2014

Source: www.independent.co.uk

Criminal records: Supreme Court to rule whether job applicants have to come clean over convictions – The Independent

Posted June 18th, 2014 in appeals, criminal records, disclosure, employment, human rights, news, privacy, Supreme Court by sally

‘The Supreme Court is today due to rule whether job applicants should be forced to disclose all convictions to certain potential employers.’

Full story

The Independent, 18th June 2014

Source: www.independent.co.uk

Supreme Court reduces religious no-go area for courts – UK Human Rights Blog

Posted June 12th, 2014 in appeals, charities, jurisdiction, news, Supreme Court, trusts by sally

‘The Supreme Court has just reversed a decision of the Court of Appeal (see my previous post here) that a dispute about the trust deeds of two Sikh religious charities was non-justiciable and so could not and should not be decided by the Courts. By contrast, the SC said that two initial issues concerning the meaning of trust deeds were justiciable, and, because of this, further issues which did raise religious issues had to be determined by the courts.’

Full story

UK Human Rights Blog, 11th June 2014

Source: www.ukhumanrightsblog.com

No separate licence needed for internet browsing – Public Relations Consultants v Newspaper Licensing Agency – Technology Law Update

Posted June 9th, 2014 in appeals, copyright, EC law, internet, licensing, news, Supreme Court by sally

‘Copyright law struggles to keep up with developing technology. In February’s Svensson decision the European court said that using hyperlinks to access material already freely available on the internet did not infringe.’

Full story

Technology Law Update, 9th June 2014

Source: www.technology-law-blog.co.uk

Supreme Court to rule on status of Sikh ‘saint’ – The Independent

Posted June 9th, 2014 in appeals, civil justice, dispute resolution, human rights, jurisdiction, news, religious discrimination, Sikhism, Supreme Court by sally

‘Britain’s finest legal minds have been asked to make sense of some of life’s thorniest problems, but few compare to that posed by the followers of Sant Baba Jeet Singh Ji Maharaj – specifically whether he is a Sikh saint, the Third Holy Saint in fact.’

Full story

The Independent, 8th June 2014

Source: www.independent.co.uk

Disabled applicant not entitled under Article 8 to specific care needs – UK Human Rights Blog

Posted June 9th, 2014 in budgets, carers, disabled persons, human rights, judicial review, local government, news, proportionality, public interest, Supreme Court by sally

‘The Strasbourg Court has ruled that local authorities are within their margin of discretion to balance individuals’ personal interests against the more general interest of the competent public authority in carrying out their social responsibility of provision of care to the community at large.’

Full story

UK Human Rights Blog, 7th June 2014

Source: www.ukhumanrightsblog.com

Internet users cannot be sued for browsing the web, ECJ rules – The Guardian

Posted June 9th, 2014 in appeals, copyright, EC law, internet, interpretation, licensing, news, Supreme Court by sally

‘Internet users who visit a website are safe from the threat of a copyright lawsuit, thanks to a landmark case which concluded in the European court of justice on Thursday.’

Full story

The Guardian, 5th June 2014

Source: www.guardian.co.uk

Drug smuggler Lindsay Sandiford takes death penalty case to UK supreme court – The Guardian

Posted June 4th, 2014 in appeals, death penalty, drug trafficking, human rights, jurisdiction, legal aid, legal representation, news, Supreme Court by sally

‘A British grandmother facing execution by firing squad in Indonesia for drug smuggling has no funds to mount a legal challenge against her sentence, the UK’s highest court has been told.’

Full story

The Guardian, 4th June 2014

Source: www.guardian.co.uk

MN (Somalia) v Secretary of State for the Home Department; KY (Somalia) v Same – WLR Daily

Posted May 29th, 2014 in admissibility, anonymity, appeals, asylum, evidence, expert witnesses, law reports, reports, Supreme Court, tribunals by michael

MN (Somalia) v Secretary of State for the Home Department; KY (Somalia) v Same [2014] UKSC 30;  [2014] WLR (D)  227

‘A tribunal conducting asylum proceedings could admit, as expert evidence, a report by an organisation based on a telephone interview with an asylum claimant in which its analysts commented on the likelihood of that person originating from his claimed place of origin, based on the person’s dialect and answers to questions about the area in question, even though the report was in the name of the organisation rather than an individual and those contributing to it were identified only by serial numbers. However it was necessary for the tribunal in each particular case to be satisfied that the anonymity was necessary, with safeguards for the claimant in place, and that the authors of the report had demonstrated that they had relevant expertise for each matter on which they had commented.’

WLR Daily, 21st May 2014

Source: www.iclr.co.uk

Regina (Barkas) v North Yorkshire County Council – WLR Daily

Posted May 29th, 2014 in appeals, commons, land registration, law reports, local government, news, Supreme Court by michael

Regina (Barkas) v North Yorkshire County Council [2014] UKSC 31;  [2014] WLR (D)  228

‘Local inhabitants indulged “by right” in lawful sports and pastimes on a recreation ground which had been provided for that purpose by a local authority in the exercise of its statutory powers, not “as of right” as was necessary pursuant to section 15(2) of the Commons Act 2006 in order to register the land as a town or village green.’

WLR Daily, 21st May 2014

Source: www.iclr.co.uk

UK Supreme Court decision “opens door” for certain employment-related claims by members of partnerships, says expert – OUT-LAW.com

Posted May 27th, 2014 in appeals, employment, law firms, limited liability partnerships, news, partnerships, Supreme Court, whistleblowers by sally

‘Professional services firms that operate as limited liability partnerships (LLPs) could be open to certain employment-related claims from aggrieved former members of the LLP following a recent UK Supreme Court decision, an expert has said.’

Full story

OUT-LAW.com, 23rd May 2014

Source: www.out-law.com

Supreme Court rejects call to register recreation ground as village green – Local Government Lawyer

Posted May 22nd, 2014 in commons, housing, local government, news, planning, Supreme Court by sally

‘The Supreme Court has upheld a county council’s refusal to register a recreation ground – which had been provided for that purpose by another local authority – as a village green.’

Full story

Local Government Lawyer, 21st May 2014

Source: www.localgovernmentlawyer.co.uk