Supreme Court ruling on trustee mistakes “likely to create uncertainty”, says expert – OUT-LAW.com

“A Supreme Court ruling on the circumstances in which courts can set aside decisions made wrongly by trustees is ‘likely to create uncertainty’ due to the subjective nature of the test, an expert has said.”

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OUT-LAW.com, 10th May 2013

Source: www.out-law.com

BNY Corporate Trustee Services Limited and others (Respondents) v Neuberger Berman Europe Ltd(on behalf of Sealink Funding Ltd) and others (Appellants); BNY Corporate Trustee Services Limited and others (Respondents) v Eurosail-UK 2007-3BL PLC (Appellant) – Supreme Court

Posted May 10th, 2013 in company law, debts, insolvency, law reports, Supreme Court, winding up by sally

BNY Corporate Trustee Services Limited and others (Respondents) v Neuberger Berman Europe Ltd(on behalf of Sealink Funding Ltd) and others (Appellants); BNY Corporate Trustee Services Limited and others (Respondents) v Eurosail-UK 2007-3BL PLC (Appellant) [2013] UKSC 28 (YouTube)

Supreme Court, 9th May 2013

Source: www.youtube.com/user/UKSupremeCourt

Futter and another (Appellants) v The Commissioners for Her Majesty’s Revenue and Customs (Respondent); Pitt and another (Appellants) v The Commissioners for Her Majesty’s Revenue and Customs (Respondent) – Supreme Court

Posted May 10th, 2013 in law reports, mistake, Supreme Court, taxation, trusts by sally

Futter and another (Appellants) v The Commissioners for Her Majesty’s Revenue and Customs (Respondent); Pitt and another (Appellants) v The Commissioners for Her Majesty’s Revenue and Customs (Respondent) [2013] UKSC 26 (YouTube)

Supreme Court, 9th May 2013

Source: www.youtube.com/user/UKSupremeCourt

SL (FC) (Respondent) v Westminster City Council (Appellant) – Supreme Court

Posted May 10th, 2013 in housing, immigration, local government, mental health, news, Supreme Court by sally

SL (FC) (Respondent) v Westminster City Council (Appellant) [2013] UKSC 27 | UKSC 2011/0229 (YouTube)

Supreme Court, 9th May 2013

Source: www.youtube.com/user/UKSupremeCourt

Guidance from the Supreme Court on human rights damages – UK Human Rights Blog

Posted May 3rd, 2013 in damages, delay, human rights, news, parole, Supreme Court by tracey

“Faulkner, R (on the application of ) v Secretary of State for Justice and another [2013] UKSC 23. The Supreme Court has taken a fresh look at what is meant by the Human Rights Act exhortation to take Strasbourg jurisprudence ‘into account’ when fashioning remedies for violations of Convention rights, in this case the right not to be arbitrarily detained under Article 5.”

Full story

UK Human Rights Blog, 2nd May 2013

Source: www.ukhumanrightsblog.com

 

UK could face substantial EU fines after Supreme Court ruling on air pollution, says expert – OUT-LAW.com

Posted May 3rd, 2013 in EC law, fines, news, pollution, references to European Court, Supreme Court by tracey

“The UK could face legal proceedings and substantial fines from the European
Commission as a result of its failure to meet air pollution limits, an expert
has said.”

Full story

OUT-LAW.com, 3rd May 2013

Source: www.out-law.com

R (on the application of Faulkner) (FC) (Appellant) v Secretary of State for Justice and another (Respondents); R (on the application of Faulkner) (FC) (Respondent) v Secretary of State for Justice (Respondent) and The Parole Board (Appellant); R (on the application of Sturnham) (Appellant) v The Parole Board of England and Wales and another (Respondents) – Supreme Court

Posted May 2nd, 2013 in compensation, delay, law reports, parole, Supreme Court by sally

R (on the application of Faulkner) (FC) (Appellant) v Secretary of State for Justice and another (Respondents); R (on the application of Faulkner) (FC) (Respondent) v Secretary of State for Justice (Respondent) and The Parole Board (Appellant); R (on the application of Sturnham) (Appellant) v The Parole Board of England and Wales and another (Respondents) [2013] UKSC 23 (YouTube)

Supreme Court, 1st May 2013

Source: www.youtube.com/user/UKSupremeCourt

WHA Limited and another (Appellants) v Her Majesty’s Revenue and Customs (Respondent) – Supreme Court

Posted May 2nd, 2013 in insurance, law reports, repairs, Supreme Court, VAT by sally

WHA Limited and another (Appellants) v Her Majesty’s Revenue and Customs (Respondent) [2013] UKSC 24 | UKSC 2009/0074 (YouTube)

Supreme Court, 1st May 2013

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of ClientEarth) (Appellant) v. The Secretary of State for the Environment, Food and Rural Affairs (Respondent) – Supreme Court

R (on the application of ClientEarth) (Appellant) v. The Secretary of State for the Environment, Food and Rural Affairs (Respondent) [2013] UKSC 25 | UKSC 2012/0179 (YouTube)

Supreme Court, 1st May 2013

Source: www.youtube.com/user/UKSupremeCourt

Supreme Court refers air pollution case to the EU Court – UK Human Rights Blog

“The Supreme Court has taken the UK’s lack of compliance with EU legislation, Directive 2008/50 (limiting the amount of nitrogen dioxide in air) much more seriously than the courts below. It has made a declaration that the UK is in breach and has referred questions of interpretation concerning the Directive and remedies to the CJEU.”

Full story

UK Human Rights Blog, 1st May 2013

Source: www.ukhumanrightsblog.com

Supreme court upholds payouts to prisoners over delayed parole hearings – The Guardian

Posted May 2nd, 2013 in compensation, delay, news, parole, Supreme Court by sally

“The UK supreme court has cut the compensation awarded to a life-sentence prisoner whose original release was delayed from £10,000 to £6,500, in a ruling that will nonetheless lead to payouts for scores of convicted murderers, rapists and other violent prisoners.”

Full story

The Guardian, 1st May 2013

Source: www.guardian.co.uk

Barts and the London NHS Trust (Respondent) v Verma (Appellant) – Supreme Court

Barts and the London NHS Trust (Respondent) v Verma (Appellant) [2013] UKSC 20 | UKSC 2011/0246 (YouTube)

Supreme Court, 24th April 2013

Source: www.youtube.com/user/UKSupremeCourt

Salvesen and Riddell and another (Respondents) v. The Lord Advocate (Appellant) (Scotland) – Supreme Court

Salvesen and Riddell and another (Respondents) v. The Lord Advocate (Appellant) (Scotland) [2013] UKSC 22 | UKSC 2012/0111 (YouTube)

Supreme Court, 24th April 2013

Source: www.youtube.com/user/UKSupremeCourt

Uprichard (Appellant) v Scottish Ministers and another – Supreme Court

Posted April 25th, 2013 in environmental protection, law reports, planning, Scotland, Supreme Court by sally

Uprichard (Appellant) v Scottish Ministers and another [2013] UKSC 21 | UKSC 2012/0034 (YouTube)

Supreme Court, 24th April 2013

Source: www.youtube.com/user/UKSupremeCourt

Supreme Court find A1P1 breach in retrospective legislation – UK Human Rights Blog

“When can an agricultural landlord turf out his tenant farmer? The answer to this question has ebbed and flowed since the Second World War, but one element of the latest attempt by the Scottish Parliament to redress the balance in favour of tenants has just been declared incompatible with Article 1 of the 1st Protocol (A1P1) as offending landlords’ rights to property. The Supreme Court has so ruled, upholding the Second Division of the Court of Session’s ruling in March 2012.”

Full story

UK Human Rights Blog, 24th April 2013

Source: www.ukhumanrightsblog.com

Abu Qatada: court rejects government’s appeal bid – The Guardian

Posted April 23rd, 2013 in appeals, deportation, news, Supreme Court by sally

“Theresa May’s legal battle to deport the radical Islamist preacher Abu Qatada has suffered a further setback with the court of appeal turning down her attempt to take the case to the supreme court.”

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The Guardian, 23rd April 2013

Source: www.guardian.co.uk

Daejan Investment Limited v Benson et al [2013] UKSC 14 – Zenith Chambers

Posted April 23rd, 2013 in consultations, landlord & tenant, news, Supreme Court, tribunals, valuation by sally

“This important case deals with the approach a leasehold valuation tribunal (LVT) should take in relation to applications for dispensation from complying with the consultation requirements.”

Full story (PDF)

Zenith Chambers, 23rd April 2013

Source: www.zenithchambers.co.uk

Regina (Jones) v First-tier Tribunal (Social Entitlement Chamber) – WLR Daily

Regina (Jones) v First-tier Tribunal (Social Entitlement Chamber): [2013] UKSC 19;   [2013] WLR (D)  142

“Where a tribunal found that a person who had committed suicide had been reckless as to whether his action would also cause injury to some other person, and it had in fact done so an offence of inflicting grievous bodily harm contrary to section 20 of the Offences against the Person Act 1861 had been committed which was a ‘crime of violence’ entitling that other person to claim under the Criminal Injuries Compensation Scheme. However, the question as to what the offender had actually foreseen was for the First-tier Tribunal to answer, not an appellate court, which should not readily intervene in issues best left for determination by specialist appellate tribunals by classifying them as issues of law.”

WLR Daily, 17th April 2013

Source: www.iclr.co.uk

Children: Public Law Update (April 2013) – Family Law Week

“John Tughan, barrister of 4 Paper Buildings, examines two important recent judgments: the Supreme Court’s decision in J (Children) and the Court of Appeal’s in M (A Child).”

Full story

Family Law Week, 18th April 2013

Source: www.familylawweek.co.uk

M25 suicide case demonstrates limits of court of appeal – The Guardian

“Supreme court’s backing of initial tribunal reaffirms principle that suicidal people may not realise full effects of their actions.”

Full story

The Guardian, 18th April 2013

Source: www.guardian.co.uk