Supreme Court – Page 91 – Current Awareness

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.”

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UK Human Rights Blog, 15th July 2013

Source: www.ukhumanrightsblog.com

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

Posted July 12th, 2013 in appeals, imprisonment, judicial review, law reports, parole, public interest, recidivists, release on licence, sentencing, Supreme Court by tracey

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

Posted July 11th, 2013 in appeals, extradition, human rights, law reports, murder, Scotland, Supreme Court, trials by sally

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

Posted July 8th, 2013 in appeals, homicide, imprisonment, judicial review, law reports, parole, public interest, recidivists, Supreme Court by sally

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

Posted July 5th, 2013 in appeals, employment, equal pay, law reports, local government, sex discrimination, Supreme Court by tracey

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.”

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OUT-LAW.com, 4th July 2013

Source: www.out-law.com

A historic leap forward for equal pay claimants? – UK Human Rights Blog

Posted June 28th, 2013 in appeals, employment, equal pay, human rights, local government, news, Supreme Court by tracey

“Dumfries and Galloway -v- North [2013] UKSC 45. Yesterday’s much heralded equal pay ‘victory’ in the Supreme Court (see BBC Report) undoubtedly will be good news for the specific female claimants in the case who seek to vindicate their European Union rights to equal pay.”

Full story

UK Human Rights Blog, 27th June 2013

Source: www.ukhumanrightsblog.com

Equivalent employees need not share a workplace to benefit from equal pay protections, Supreme Court rules – OUT-LAW.com

Posted June 28th, 2013 in employment, equal pay, news, Supreme Court by tracey

“Employees hired to carry out jobs of equal value need not work in the same
‘establishment’ in order to benefit from protections given to those in the ‘same
employment’ under equal pay law, the UK’s highest court has confirmed.”

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OUT-LAW.com, 28th June 2013

Source: www.out-law.com

The Supreme Court widens scope for equal pay comparisons – Employment Law Blog

Posted June 28th, 2013 in education, employment, equal pay, news, Supreme Court by tracey

“The question of when equal pay claimants can rely upon comparators employed at different establishments on common terms and conditions under s.1(6) Equal Pay Act 1970 (and now, s.79(4) Equality Act 2010) has long generated an inordinate amount of heat, not light. A unanimous Supreme Court (Lady Hale giving the single judgment) has now cleared away some of the fog of confusion in North v Dumfries and Galloway Council [2013] IKSC 45. In the process, it has overturned both the EAT and the Court of Session Inner House.”

Full story

Employment Law Blog, 27th June 2013

Source: www.employment11kbw.com

A matter of trust… New Law Journal

Posted June 28th, 2013 in company law, financial provision, matrimonial home, news, Supreme Court, trusts by tracey

“To widespread surprise, the Supreme Court allowed the wife’s appeal in Prest v Petrodel Resources [2013] UKSC 34, [2013] All ER (D) 90 (Jun) although on a different basis from the decision of Mr Justice Moylan at first instance. For those law “nerds” amongst us, the new Supreme Court live feed added an extra frisson, with social media abuzz with speculation as to what it might mean that Lord Sumption was to give the lead judgment. It quickly became clear that this may be a red herring (for Lady Hale to give the lead judgment would have been too obvious a clue). However, a more detailed consideration of the judgment may lead us to conclude that Lord Sumption was a clue indeed and that the corporate veil has survived fully intact, albeit it with the Supreme Court wedging open some doors for family lawyers on the issues of trusts and inferences to be drawn from both pre- and post-litigation behaviour.”

Full story

New Law Journal, 27th June 2013

Source: www.newlawjournal.co.uk

Abela v Baadarain – WLR Daily

Posted June 27th, 2013 in appeals, documents, foreign jurisdictions, law reports, news, service, Supreme Court by sally

Abela v Baadarain [2013] UKSC 44; [2013] WLR (D) 251

“The court’s power, when the parties were within the jurisdiction, to make an order under CPR r 6.15(2), that steps already taken to bring the claim form to the attention of the defendant by an alternative method or at an alternative place was good service, was applicable to claims where the defendant was outside the jurisdiction in a state in respect of which no relevant bilateral convention on service of judicial documents existed.”

WLR Daily, 26th June 2013

Source: www.iclr.co.uk

Supreme Court gives green light to school staff to bring equal pay claims – Local Government Lawyer

Posted June 27th, 2013 in appeals, education, employment tribunals, equal pay, news, Scotland, sex discrimination, Supreme Court by sally

“The Supreme Court has allowed an appeal by a 251-strong group of female council employees and restored an Employment Tribunal decision that they could bring equal pay claims.”

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Local Government Lawyer, 26th June 2013

Source: www.localgovernmentlawyer.co.uk

North and others (Appellants) v Dumfries and Galloway Council (Respondent) (Scotland) – Supreme Court

Posted June 27th, 2013 in appeals, education, employment tribunals, equal pay, law reports, local government, Scotland, sex discrimination, Supreme Court by sally

North and others (Appellants) v Dumfries and Galloway Council (Respondent) (Scotland) [2013] UKSC 45 | UKSC 2011/0046 (YouTube)

Supreme Court, 26th June 2013

Source: www.youtube.com/user/UKSupremeCourt

R v Brown (Appellant) (Northern Ireland) – Supreme Court

Posted June 27th, 2013 in age of consent, appeals, burden of proof, consent, law reports, Northern Ireland, rape, sexual offences, Supreme Court, young offenders by sally

R v Brown (Appellant) (Northern Ireland) [2013] UKSC 43 | UKSC 2011/0233 (YouTube)

Supreme Court, 26th June 2013

Source: www.youtube.com/user/UKSupremeCourt

Abela and others (Appellants) v. Baadarani (Respondent) – Supreme Court

Posted June 27th, 2013 in appeals, documents, law reports, service, Supreme Court, time limits by sally

Abela and others (Appellants) v. Baadarani (Respondent) [2013] UKSC 44 | UKSC 2012/0023 (YouTube)

Supreme Court, 26th June 2013

Source: www.youtube.com/user/UKSupremeCourt

A1P1 and property rights in the Supreme Court again – UK Human Rights Blog

Posted June 26th, 2013 in compensation, human rights, local government, news, parking, road traffic, Supreme Court by sally

“This is the tale of how a solicitor from Harrow ended up litigating about his off-street parking in the Supreme Court – and reached for Article 1 of Protocol 1 (A1P1) of ECHR, by way of a second string to his bow. Not his choice, as he had won in the Court of Appeal on other grounds. But his failure on the point reminds us that in the majority of cases A1P1 is a difficult argument to bring home.”

Full story

UK Human Rights Blog, 25th June 2013

Source: www.ukhumanrightsblog.com