Poundland case reaches supreme court – The Guardian

“The government will attempt to overturn the judgment of a multimillion-pound case affecting almost a quarter of a million unemployed people on Monday.”

Full story

The Guardian, 29th July 2013

Source: www.guardian.co.uk

Second Christian B&B case headed for the Supreme Court – UK Human Rights Blog

“Black and Morgan v. Wilkinson [2013] EWCA Civ 820. The Court of Appeal recently dismissed an appeal by a Christian bed and breakfast owner, upholding the decision that she unlawfully discriminated against a gay couple by refusing to provide them with a double bedroom. However, the Master of the Rolls (head of the civil justice system) Lord Dyson expressed doubt about whether the previous binding decision of the Court of Appeal in the very similar case of Hall and Preddy v. Bull and Bull [2012] EWCA Civ 83, was correct, and the Court granted permission to appeal to the Supreme Court.”

Full story

UK Human Rights Blog, 23rd July 2013

Source: www.ukhumanrightsblog.com

Regina (New London College Ltd) v Secretary of State for the Home Department (Migrants’ Rights Network and another intervening); Regina (West London Vocational Training College) v Same – WLR Daily

Regina (New London College Ltd) v Secretary of State for the Home Department (Migrants’ Rights Network and another intervening): Regina (West London Vocational Training College) v Same: [2013] UKSC 51;   [2013] WLR (D)  294

“The requirement, laid down under section 3(2) of the Immigration Act 1971, that rules affecting immigrants be laid before Parliament before they became lawful applied to rules which a migrant had to fulfil as a condition of his obtaining leave to enter or remain in the United Kingdom and did not apply to rules which an educational establishment had to fulfil before it was entitled to sponsor students from outside the European Economic Area.”

WLR Daily, 17th July 2013

Source: www.iclr.co.uk

Supreme Court to rule on pension scheme insolvency ranking next week – OUT-LAW.com

Posted July 23rd, 2013 in insolvency, news, pensions, Supreme Court by tracey

“The UK’s highest court will rule on whether an insolvent company’s pension schemes can take priority over other company debts on Wednesday, according to its website.”

Full story

OUT-LAW.com, 19th July 2013

Source: www.out-law.com

Opening Up Mistake – New Square Chambers

Posted July 22nd, 2013 in appeals, mistake, news, Supreme Court, trusts by sally

“Robin Mathew’s article above discusses the decision of the Supreme Court in Pitt v Holt and Futter v Futter so far as it dealt with ‘inadequate consideration’ by trustees. But the court also dealt with the general law of mistake in dispositions of property. Here it disagreed with the Court of Appeal.”

Full story (PDF) (see p. 2)

New Square Chambers, June 2013

Source: www.newsquarechambers.co.uk

A heresy extinguished: Hastings-Bass reformed – New Square Chambers

Posted July 19th, 2013 in appeals, news, professional conduct, Supreme Court, trusts by sally

“A heresy usually derives from the earnest application of principle without the benefit of perspective. Addressing the rule in Hastings Bass, and its heretical application over many years by the High Court, the Supreme Court in Pitt v Holt and Futter v Futter [2013] uKSC 26 has greatly narrowed its use and effect.”

Full story (PDF)

New Square Chambers, June 2013

Source: www.newsquarechambers.co.uk

Scientology case has judges debating the meaning of religion – The Guardian

“Five supreme court justices have spent a day wrestling with notions of God, nirvana and what constitutes worship in an attempt to decide whether Scientologists may conduct weddings.”

Full story

The Guardian, 18th July 2013

Source: www.guardian.co.uk

R (on the application of New London College Limited) (Appellant) v Secretary of State for the Home Department (Respondent); R (on the application of West London Vocational Training College) (Appellant) v Secretary of State for the Home Department (Respondent) – Supreme Court

R (on the application of New London College Limited) (Appellant) v Secretary of State for the Home Department (Respondent); R (on the application of West London Vocational Training College) (Appellant) v Secretary of State for the Home Department (Respondent) [2013] UKSC 51 UKSC 2012/0060 (YouTube)

Supreme Court, 17th July 2013

Source: www.youtube.com/user/UKSupremeCourt

Benedetti (Appellant) v Sawiris and others (Respondents) – Supreme Court

Benedetti (Appellant) v Sawiris and others (Respondents) [2013] UKSC 50 | UKSC 2011/0087 (YouTube)

Supreme Court, 17th July 2013

Source: www.youtube.com/user/UKSupremeCourt

Home Office asks Supreme Court to make landmark privacy ruling – The Independent

“Government lawyers want to overturn decision that criminal records vetting system breaches human rights.”

Full story

The Independent, 14th July 2013

Source: www.independent.co.uk

Home Office may detain illegal entrant who appears to be over 18 – UK Human Rights Blog

Posted July 16th, 2013 in children, detention, immigration, law reports, news, Supreme Court by sally

“The Immigration Act 1971, Schedule 2, paragraph 16(2) (‘paragraph 16’) empowers the Home Secretary, acting through immigration officers, to detain a person if there is reasonable ground to suspect that he is liable to be removed as an illegal entrant to the United Kingdom. Section 55 of the Borders, Citizenship and Immigration Act 2009 (‘section 55’) imposes duties regarding the welfare of children on the Secretary of State and immigration officers in all immigration matters. The issue on this appeal was whether section 55 rendered the appellant’s detention for a period of 13 days unlawful, in circumstances in which the respondent acted in the mistaken but reasonable belief that the appellant was aged over 18.”

Full story

UK Human Rights Blog, 15th July 2013

Source: www.ukhumanrightsblog.com

Regina (Sturnham) v Parole Board and another (No 2) – WLR Daily

Regina (Sturnham) v Parole Board and another (No 2): [2013] UKSC 47;   [2013] WLR (D)  274

“The statutory provisions relating to sentences of imprisonment for public protection involved a higher threshold for the imposition of such sentences than for continued detention after the expiry of a prisoner’s minimum term.”

WLR Daily, 3rd July 2013

Source: www.iclr.co.uk

Regina (AA) v Secretary of State for the Home Department – WLR Daily

Posted July 12th, 2013 in appeals, children, detention, immigration, law reports, Supreme Court by tracey

Regina (AA) v Secretary of State for the Home Department: [2013] UKSC 49;   [2013] WLR (D)  272

“The Home Secretary did not act unlawfully when she detained a 17-year-old illegal immigrant in the mistaken but reasonable belief that he was aged over 18.”

WLR Daily, 10th July 2013

Source: www.iclr.co.uk

Kapri (AP) (Appellant) v The Lord Advocate representing The Government of the Republic of Albania (Respondent) (Scotland) – Supreme Court

Kapri (AP) (Appellant) v The Lord Advocate representing The Government of the Republic of Albania (Respondent) (Scotland) [2013] UKSC 48 | UKSC 2012/0192 (YouTube)

Supreme Court, 10th July 2013

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of AA) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) – YouTube

Posted July 11th, 2013 in appeals, children, detention, immigration, law reports, Supreme Court by sally

R (on the application of AA) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) [2013] UKSC 49 | UKSC 2013/0032 (YouTube)

Supreme Court, 10th July 2013

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of Sturnham) No 2 (Appellant) v The Parole Board of England and Wales and another (Respondents) – Supreme Court

R (on the application of Sturnham) No 2 (Appellant) v The Parole Board of England and Wales and another (Respondents) [2013] UKSC 46 | UKSC 2013/0152 (YouTube)

Supreme Court, 3rd July 2013

Source: www.youtube.com/user/UKSupremeCourt

Virgin Atlantic Airways Limited (Respondent) v Zodiac Seats UK Limited (formerly known as Contour Aerospace Limited) (Appellant) – Supreme Court

Posted July 8th, 2013 in appeals, damages, law reports, patents, res judicata, Supreme Court by sally

Virgin Atlantic Airways Limited (Respondent) v Zodiac Seats UK Limited (formerly known as Contour Aerospace Limited) (Appellant) [2013] UKSC 46 | UKSC 2010/0013 (YouTube)

Supreme Court, 3rd July 2013

Source: www.youtube.com/user/UKSupremeCourt

Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd (formerly Contour Aerospace Ltd) – WLR Daily

Posted July 5th, 2013 in airlines, damages, EC law, estoppel, law reports, patents, Supreme Court by tracey

Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd (formerly Contour Aerospace Ltd):[2013] UKSC 46;   [2013] WLR (D)  265

“Where judgment was given in an English court that a patent, whether English or European, was valid and infringed, and the patent was subsequently retrospectively revoked or amended, whether in England or at the European Patent Office, the defendant was entitled to rely on the fact of the revocation or amendment on an inquiry as to damages in respect of the unamended patent.”

WLR Daily, 3rd July 2013

Source: www.iclr.co.uk

Dumfries and Galloway Council v North (Equality and Human Rights Commission intervening) – WLR Daily

Dumfries and Galloway Council v North (Equality and Human Rights Commission intervening): [2013] UKSC 45 ;   [2013] WLR (D)  264

“The hypothesis of the second limb of the ‘in the same employment’ test in section 1(6) of the Equal Pay Act 1970 was that the chosen male comparators were to be transferred to do their present jobs in the location where the women claimants worked, while there was no requirement of any real possibility that such a transfer would occur. The question to be answered was whether in the event of such a transfer, however unlikely, the comparators would remain employed on the same or broadly similar terms and conditions to those applicable in their current place of work.”

WLR Daily, 26th June 2013

Source: www.iclr.co.uk

Damages for infringement should be calculated on basis of amended not original patents, rules Supreme Court – OUT-LAW.com

Posted July 5th, 2013 in airlines, appeals, damages, news, patents, Supreme Court by tracey

“The UK Supreme Court has ruled that companies found to have infringed patents can rely on the subsequent amendment of patent claims to exonerate them from liability for damages.”

Full story

OUT-LAW.com, 4th July 2013

Source: www.out-law.com