Category: Supreme Court

Mark Elliot: Reflections on the HS2 case: a hierarchy of domestic constitutional norms and the qualified primacy of EU law – UK Constitutional Law Group

Posted January 24th, 2014 in bills, consultations, EC law, environmental protection, local government, news, railways, Supreme Court by sally

‘Earlier this week, the UK Supreme Court gave judgment in R (HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3. A good overview of the issues at stake in the case can be found in the Court’s press summary, as well as in a post by David Hart on the UK Human Rights Blog. This post is concerned only with one aspect of the decision, and with some very interesting dicta concerning not only the relationship between UK and EU law, but the nature of the UK’s constitutional order itself.’

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UK Constitutional Law Group, 23rd January 2014

Source: www.ukconstitutionallaw.org

Supreme Court rules will is valid despite admin error – Daily Telegraph

Posted January 24th, 2014 in appeals, mistake, news, rectification, Supreme Court, wills by sally

‘Alfred and Maureen Rawlings’ wills were contested after a clerical error saw them sign each other’s paperwork.’

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Daily Telegraph, 23rd January 2014

Source: www.telegraph.co.uk

Marley v Rawlings and another – WLR Daily

Posted January 23rd, 2014 in appeals, law reports, mistake, rectification, solicitors, Supreme Court, wills by sally

Marley v Rawlings and another [2014] UKSC 2; [2014] WLR (D) 18

A will did not have to satisfy the requirements for formal validity prescribed by section 9 of the Wills Act 1837, as amended, or have the testator’s knowledge and approval before it could be treated as a “will” which was capable of being rectified under section 20 of the Administration of Justice Act 1982.

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

R (on the application of HS2 Action Alliance Limited) (Appellant) v The Secretary of State for Transport and another (Respondents); R (on the application of Heathrow Hub Limited and another) (Appellants) v The Secretary of State for Transport and another (Respondents); R (on the application of Buckinghamshire County Council and others) (Appellants) v The Secretary of State for Transport (Respondent) – Supreme Court

Posted January 23rd, 2014 in appeals, bills, consultations, EC law, environmental protection, law reports, local government, railways, Supreme Court by sally

R (on the application of HS2 Action Alliance Limited) (Appellant) v The Secretary of State for Transport and another (Respondents) UKSC 2013/0172; R (on the application of Heathrow Hub Limited and another) (Appellants) v The Secretary of State for Transport and another (Respondents) UKSC 2013/0173; R (on the application of Buckinghamshire County Council and others) (Appellants) v The Secretary of State for Transport (Respondent) UKSC 2013/0187

Supreme Court, 22nd January 2014

Source: www.youtube.com/user/UKSupremeCourt

Marley (Appellant) v Rawlings and another (Respondents) – Supreme Court

Posted January 23rd, 2014 in appeals, law reports, mistake, rectification, solicitors, Supreme Court, wills by sally

Marley (Appellant) v Rawlings and another (Respondents) [2014] UKSC 2 | UKSC 2012/0057 (YouTube)

Supreme Court, 22nd January 2014

Source: www.youtube.com/user/UKSupremeCourt

Habitual Residence – the state of mind of the child – the Supreme Court advances the ‘increasing recognition of children as people with a part to play in their own lives, rather than as passive recipients of their parents’ decision.’ – Sovereign Chambers

Posted January 22nd, 2014 in appeals, children, news, residence orders, Supreme Court by sally

‘In relation to an adolescent child, is the state of mind of the child relevant to whether or not habitual residence has been acquired in the place where the child is living?’

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Sovereign Chambers, 20th January 2014

Source: www.sovereignchambers.co.uk

In re LC (Children)(Reunite International Child Abduction Centre intervening) – WLR Daily

Posted January 21st, 2014 in appeals, child abduction, EC law, families, law reports, residence orders, Supreme Court by sally

In re LC (Children)(Reunite International Child Abduction Centre intervening) [2014] UKSC 1; [2014] WLR (D) 11

‘In determining whether an adolescent child had achieved a sufficient degree of integration into a social and family environment in a country in which she was living, so as to be habitually resident there, a relevant factor was her state of mind during that residence.’

WLR Daily, 15th January 2014

Source: www.iclr.co.uk

Right to die: the issues before the Supreme Court – Halsbury’s Law Exchange

Posted January 21st, 2014 in assisted suicide, crime, defence, evidence, necessity, news, Supreme Court by sally

‘Tony Nicklinson lost his legal battle in 2012 for a judicial ruling that, were his wife to administer life-ending drugs to him at his express request, she would not be liable to prosecution for murder.’

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Halsbury’s Law Exchange, 20th January 2014

Source: www.halsburyslawexchange.co.uk

Habitual Residence and Joinder in Child Abduction Cases: The Supreme Court’s judgment in LC (Children) – Family Law Week

Posted January 20th, 2014 in appeals, child abduction, news, Supreme Court by sally

‘Katy Chokowry, barrister of 1 King’s Bench Walk, considers the Supreme Court’s judgment in LC (Children).’

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Family Law Week, 19th January 2014

Source: www.familylawweek.co.uk

Trains, pains and allegations: fairness in medical misconduct cases – UK Human Rights Blog

Posted January 20th, 2014 in appeals, confidentiality, disciplinary procedures, doctors, documents, news, professional conduct, Supreme Court by sally

‘This appeal by Dr Chhabra was concerned with the roles of the case investigator and the case manager when handling concerns about a doctor’s performance under the disciplinary procedures introduced over eight years ago for doctors and dentists in the National Health Service. The national policy framework is known as ‘Maintaining High Professional Standards in the Modern NHS’ (MHPS), which the Trust had implemented through its own policies.’

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UK Human Rights Blog, 19th January 2014

Source: www.ukhumanrightsblog.com

Mitchell solicitor rules out Supreme Court appeal – Law Society’s Gazette

Posted January 15th, 2014 in appeals, costs, misfeasance in public office, news, police, professional conduct, solicitors, Supreme Court by tracey

‘The solicitor for MP Andrew Mitchell has confirmed that the costs appeal case is unlikely to go to the Supreme Court. Graham Atkins, founding partner at London firm Atkins Thomson, told the Gazette he had looked to have the case heard at the higher court but was advised it would not be successful.’

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Law Society’s Gazette, 14th January 2014

Source: www.lawgazette.co.uk

16-year legal battle over laptop reaches UK supreme court – The Guardian

Posted January 10th, 2014 in banking, consumer credit, contracts, news, sale of goods, Supreme Court by tracey

‘All Richard Durkin wanted was a laptop with an inbuilt modem. But what he ended up with was an epic 16-year legal tussle, a £250,000 bill for legal fees and, now, a date at the supreme court. The 44-year-old married father of two has been engaged in a David-and-Goliath battle against the bank that he says “annihilated” his credit rating after he walked into his local PC World to buy a £1,500 laptop in 1998.’

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The Guardian, 9th January 2014

Source: www.guardian.co.uk

West London Mental Health NHS Trust (Respondent) v Chhabra (Appellant) – Supreme Court

Posted January 6th, 2014 in appeals, breach of trust, complaints, confidentiality, data protection, disciplinary procedures, doctors, hospitals, law reports, privacy, professional conduct, Supreme Court by sally

West London Mental Health NHS Trust (Respondent) v Chhabra (Appellant) [2013] UKSC 80 | UKSC 2013/0046 (YouTube)

Supreme Court, 18th December 2014

Source: www.youtube.com/user/UKSupremeCourt

G(AP) (Appellant) v Scottish Ministers and another (Respondents) (Scotland) – Supreme Court

Posted January 6th, 2014 in appeals, assault, detention, hospitals, law reports, mental health, rape, Scotland, Supreme Court by sally

G(AP) (Appellant) v Scottish Ministers and another (Respondents) (Scotland) [2013] UKSC 79 | UKSC 2012/0196 (YouTube)

Supreme Court, 18th December 2014

Source: www.youtube.com/user/UKSupremeCourt

AA (Somalia) (Appellant) v Entry Clearance Officer (Addis Ababa) (Respondent) – Supreme Court

Posted January 6th, 2014 in adoption, appeals, families, guardianship, human rights, immigration, interpretation, law reports, Supreme Court by sally

AA (Somalia) (Appellant) v Entry Clearance Officer (Addis Ababa) (Respondent) [2013] UKSC 81 | UKSC 2012/0181 (YouTube)

Supreme Court, 18th December 2013

Source: www.youtube.com/user/UKSupremeCourt

Finance and Divorce Update – Family Law Week

Posted January 6th, 2014 in budgets, children, cohabitation, dispute resolution, divorce, financial provision, judges, legal aid, marriage, news, Supreme Court by sally

‘Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in December.’

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Family Law Week, 2nd January 2014

Source: www.familylawweek.co.uk

AA (Somalia) v Entry Clearance Officer – WLR Daily

Posted December 19th, 2013 in adoption, asylum, children, immigration, law reports, sponsored immigrants, Supreme Court by tracey

AA (Somalia) v Entry Clearance Officer [2013] UKSC 81;   [2013] WLR (D)  499

‘Paragraph 352D of the Statement of Changes in Immigration Rules (1994) (HC 394), as amended and inserted, which provided for the grant of leave to enter to the “child of a parent” who had been admitted to the United Kingdom as a refugee, did not extend to a child for whom a family member had taken responsibility under the Islamic procedure of “kafala” and whose “adoption” did not fall within the meaning of paragraphs 6 and 309A of the Rules.’

WLR Daily, 18th December 2013

Source: www.iclr.co.uk

European court ‘steamrolling’ Britain, warns leading judge – Daily Telegraph

Posted December 18th, 2013 in EC law, human rights, judges, jurisdiction, news, Supreme Court by sally

‘Lord Mance warns the EU must not “steamroll” national courts to impose human rights rules on countries including the UK’

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Daily Telegraph, 17th December 2013

Source: www.telegraph.co.uk

Regina (Hodkin and another) v Registrar General of Births, Deaths and Marriages – WLR Daily

Posted December 17th, 2013 in appeals, law reports, marriage, registrars, Supreme Court by sally

Regina (Hodkin and another) v Registrar General of Births, Deaths and Marriages [2013] UKSC 77; [2013] WLR (D) 492

‘A building in England and Wales could be registered as “place of meeting for religious worship” under section 2 of the Places of Worship Registration Act 1855, with the effect that a valid ceremony of marriage could be performed there, whether or not the services held there involved reverence to a diety.’

WLR Daily, 11th December 2013

Source: www.iclr.co.uk

Assisted suicide ruling cannot ignore right and wrong, says judge – Daily Telegraph

Posted December 17th, 2013 in assisted suicide, euthanasia, judges, news, Supreme Court, trials by sally

‘Moral questions of right and wrong cannot be “ignored” when deciding whether to allow assisted suicide, senior judge says in landmark challenge to Britain’s euthanasia laws.’

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Daily Telegraph, 16th December 2013

Source: www.telegraph.co.uk