Category: Supreme Court

The Common Law and the Spirit of Kennedy – Panopticon

Posted May 21st, 2014 in appeals, Charity Commission, disclosure, freedom of information, human rights, judicial review, news, Supreme Court by tracey

‘Following the Supreme Court’s lengthy, slightly unexpected, and difficult to grasp judgment in Kennedy v Charity Commission [2014] UKSC 20 (on which I have been quiet because of my involvement, but see Tom Cross’s blogpost here) there has been room for quite a large amount of debate as to how far it goes. Was the majority only suggesting access to the Charity Commission’s information under the common law principle of open justice applied because of the particular statutory regime and/or the nature of the statutory inquiry involved? Or was the principle rather more wide-ranging?’

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Panopticon, 20th May 2014

Source: www.panopticonblog.com

In re K (A Child) (Reunite International Child Abduction Centre intervening) – WLR Daily

Posted May 21st, 2014 in care orders, child abduction, children, custody, EC law, interpretation, law reports, Northern Ireland, Supreme Court by tracey

In re K (A Child) (Reunite International Child Abduction Centre intervening): [2014] UKSC 29; [2014] WLR (D) 218

‘The phrase “rights of custody,” within the meaning of articles 3 and 5(a) of the 1980 Convention on the Civil Aspects of International Child Abduction and article 2(9)(11) of Council Regulation (EC) No 2201/2003, was not limited to rights which were already legally recognised and enforceable but was to be interpreted purposively as including a reference to a wider category, termed “inchoate rights”, the existence of which would have been legally recognised if the matter had arisen before the particular act of removal or retention in question.’

WLR Daily, 15th May 2014

Source: www.iclr.co.uk

In the matter of K (A child) (Northern Ireland) – Supreme Court

Posted May 19th, 2014 in appeals, child abduction, children, custody, EC law, enforcement, interpretation, law reports, Northern Ireland, Supreme Court by sally

In the matter of K (A child) (Northern Ireland) [2014] UKSC 29 (YouTube)

Supreme Court, 15th May 2014

Source: www.youtube.com/user/UKSupremeCourt

Prisoners to challenge indeterminate sentences at UK supreme court – The Guardian

Posted May 19th, 2014 in appeals, human rights, news, prisons, rehabilitation, sentencing, statistics, Supreme Court by sally

‘The supreme court will hear a challenge by four offenders on Monday who allege that indeterminate sentences infringe the rights of prisoners if they are unable to get on to rehabilitative courses.

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The Guardian, 19th May 2014

Source: www.guardian.co.uk

R (on the application of Fitzroy George) (Respondent) v The Secretary of State for the Home Department (Appellant) – Supreme Court

Posted May 14th, 2014 in appeals, deportation, drug offences, families, human rights, immigration, interpretation, news, Supreme Court by sally

R (on the application of Fitzroy George) (Respondent) v The Secretary of State for the Home Department (Appellant) [2014] UKSC 28 (YouTube)

Supreme Court, 14th May 2014

Source: www.youtube.com/user/UKSupremeCourt

Cheshire West: liberate social policy from the influence of human rights – Halsbury’s Law Exchange

Posted May 13th, 2014 in appeals, care homes, elderly, human rights, mental health, news, Supreme Court by sally

‘Social policy towards those without capacity changed on 19 March 2014. It changed not as a result of a public discussion about the issue but because of a judgment given by the Supreme Court – Cheshire West [2014] UKSC 19. The change was not preceded by a Royal Commission, Green Paper, debate in Parliament or any other engagement with the public, but after seven judges received legal submissions from 17 barristers. The change was not determined by the needs of those in care, but by the requirements of human rights laws.’

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Halsbury’s Law Exchange, 13th May 2014

Source: www.halsburyslawexchange.co.uk

The “Anomalous” Fatal Accidents Act – Hardwicke Chambers

Posted May 12th, 2014 in bereavement, compensation, damages, news, restitution, Supreme Court by sally

‘Those are not my words but the view expressed on 2 April by Lord Sumption on the effective over-compensation which can result under the Fatal Accidents Act 1976 (“the FAA”). The other Supreme Court Justices agreed with him. He expressed the view that, “What is clear is that sections 3 and 4 [of the FAA] mark a departure from the ordinary principles of assessment in English law, which can fairly be described as anomalous”. This was in a Supreme Court case which had to decide whether in a foreign accident case to apply German principles of assessment of damages (effectively full compensation) or English law in the form of the FAA: Cox v Ergo Versicherung AG (formerly known as Victoria) [2014] UKSC 22.’

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Hardwicke Chambers, 11th April 2014

Source: www.hardwicke.co.uk

L Batley Pet Products Limited (Appellant) v North Lanarkshire Council (Respondent) – Supreme Court

Posted May 12th, 2014 in appeals, dilapidations, documents, landlord & tenant, law reports, leases, local government, notification, repairs, Scotland, Supreme Court by sally

L Batley Pet Products Limited (Appellant) v North Lanarkshire Council (Respondent) [2014] UKSC 27 (YouTube)

Supreme Court, 8th May 2014

Source: www.youtube.com/user/UKSupremeCourt

Barnes (as former Court Appointed Receiver) (Appellant) v The Eastenders Group and another (Respondents) – Supreme Court

Posted May 12th, 2014 in appeals, costs, Crown Prosecution Service, fraud, HM Revenue & Customs, law reports, proceeds of crime, receivers, remuneration, restraint orders, Supreme Court by sally

Barnes (as former Court Appointed Receiver) (Appellant) v The Eastenders Group and another (Respondents) [2014] UKSC 26 (YouTube)

Supreme Court, 8th May 2014

Source: www.youtube.com/user/UKSupremeCourt

A (Respondent) v British Broadcasting Corporation (Appellant) (Scotland) – Supreme Court

Posted May 12th, 2014 in anonymity, appeals, BBC, child abuse, contempt of court, deportation, freedom of expression, human rights, immigration, judicial review, law reports, public interest, Scotland, Supreme Court by sally

A (Respondent) v British Broadcasting Corporation (Appellant) (Scotland) [2014] UKSC 25 (YouTube)

Supreme Court, 8th May 2014

Source: www.youtube.com/user/UKSupremeCourt

Anonymity order compatible with Convention and common law – Supreme Court – UK Human Rights Blog

Posted May 12th, 2014 in anonymity, appeals, BBC, child abuse, contempt of court, deportation, freedom of expression, human rights, immigration, judicial review, news, public interest, Scotland, Supreme Court by sally

‘This appeal related to whether the Scottish Courts took the correct approach to prohibit the publication of a name or other matter in connection with court proceedings under section 11 of the Contempt of Court Act 1981, and whether the court’s discretion was properly exercised in this case. The Supreme Court unanimously dismissed the appeal by the BBC.’

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UK Human Rights Blog, 9th May 2014

Source: www.ukhumanrightsblog.com

Supreme Court to hold expedited hearing on benefit cap next week – Local Government Lawyer

Posted April 24th, 2014 in appeals, benefits, housing, news, social services, Supreme Court by tracey

‘The Supreme Court will next week hold an expedited hearing of a challenge to the Government’s introduction of the controversial “benefit cap”. The case of R on the application of SG and others (previously JS and others) (Appellants) v The Secretary of State for Work and Pensions (Respondents) will be heard over two days on 29-30 April by a panel comprising Lady Hale, Lord Kerr, Lord Reed, Lord Carnwath and Lord Hughes.’

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Local Government Lawyer, 23rd April 2014

Source: www.localgovernmentlawyer.co.uk

Judicial dissent wanes under Neuberger regime at UK Supreme Court – The Lawyer

Posted April 23rd, 2014 in judges, judgments, news, Supreme Court by sally

‘Judicial dissent is in decline in the UK’s top court as the Supreme Court moves towards a culture of collegiality on the bench, research by The Lawyer has revealed.’

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The Lawyer, 23rd April 2014

Source: www.thelawyer.com

Richard Clayton: The Curious Case of Kennedy v Charity Commission – UK Constitutional Law Association

Posted April 22nd, 2014 in appeals, charities, Charity Commission, disclosure, freedom of expression, freedom of information, human rights, inquiries, Iraq, news, Supreme Court by sally

‘On 26 March 2014 the Supreme Court gave a lengthy judgment in Kennedy v Charity Commission [2014] UKSC 20, running to 248 paragraphs. The Supreme Court decision is full of surprises. The Court decided to depart from the arguments of the parties- the majority insisted that common law rights rather than the Human Rights Act were the key to the case; and then embarked on an extended and wide ranging obiter discussion of public law issues, revealing further disagreements between the Justices.’

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UK Constitutional Law Association, 18th April 2014

Source: www.ukconstitutionallaw.org

Supreme Court to hear case on EU migrants and temporary inability to work – Local Government Lawyer

Posted April 15th, 2014 in appeals, employment, housing, immigration, mental health, news, social services, Supreme Court by tracey

‘The Supreme Court has agreed to hear an EU national’s appeal over a ruling that he was not eligible for housing assistance from a local authority as his inability to work was not temporary.’

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Local Government Lawyer, 14th April 2014

Source: www.localgovernmentlawyer.co.uk

Non-Appealing Cartelists Beware – Competition Bulletin from Blackstone Chambers

Posted April 14th, 2014 in appeals, competition, damages, news, Supreme Court, time limits by sally

‘Tucked away at the back of last week’s Supreme Court decision on time-limits for follow-on claims is a very important development for private competition actions.’

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Competition Bulletin from Blackstone Chambers, 13th April 2014

Source: www.competitionbulletin.com

Deutsche Bahn AG and others (Respondents) v Morgan Advanced Materials Plc (Appellant) – Supreme Court

Posted April 10th, 2014 in appeals, competition, EC law, fines, jurisdiction, law reports, Supreme Court, tribunals, whistleblowers by sally

Deutsche Bahn AG and others (Respondents) v Morgan Advanced Materials Plc (Appellant) [2014] UKSC 24 (YouTube)

Supreme Court, 9th April 2014

Source: www.youtube.com/user/UKSupremeCourt

Changes in the law on Habitual Residence – No. 5 Chambers

Posted April 8th, 2014 in children, domicile, news, residence orders, Supreme Court by sally

‘Over the last 12 months there have been substantial developments in the law on habitual residence following judgments handed down from the Supreme Court, most notably in the cases of Re A (Children: Habitual Residence) [2013] UKSC 60, and the recent decision of LC (children) [2014] UKSC 1, handed down in early January. This article will focus on the changes brought about by these two decisions.’

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No. 5 Chambers, 25th March 2014

Source: www.no5.com

Supreme Court hands down judgment in Durkin v DSG Retail Limited and another – Henderson Chambers

Posted April 8th, 2014 in appeals, consumer credit, consumer protection, contracts, damages, news, rescission, Supreme Court by sally

‘On 26 March 2014 the Supreme Court handed down its decision in Durkin v DSG Retail Limited and another. The judgment in this long-running case addresses the issue of a consumer’s right, in the context of a debtor-creditor-supplier agreement, to rescind the credit agreement on lawful rescission of the sale agreement.’

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Henderson Chambers, 28th March 2014

Source: www.hendersonchambers.co.uk

Director of the Serious Fraud Office v B – WLR Daily

Posted April 8th, 2014 in appeals, contempt of court, extradition, law reports, proceeds of crime, restraining orders, Serious Fraud Office, Supreme Court by sally

Director of the Serious Fraud Office v B [2014] UKSC 23; [2014] WLR (D) 151

‘A person who had been extradited to the United Kingdom for trial on a criminal charge, and who prior to his extradition had been guilty of contempt of court by disobeying a court order, could be punished for the contempt notwithstanding that it was not the basis of his extradition.’

WLR Daily, 2nd April 2014

Source: www.iclr.co.uk