Historical first as Supreme Court boots Iranian bank out of secret hearing – UK Human Rights Blog

“Extraordinary developments in the Supreme Court today as the court, for the first time in its history, conducted a secret hearing during which one of the parties, an Iranian Bank, was not allowed to take part. Full background to the case, Bank Mellat (Appellant) v HM Treasury (Respondent) is here.”

Full story

UK Human Rights Blog, 21st March 2013

Source: www.ukhumanrightsblog.com

Supreme Court sits in secret for first time in history – The Independent

“The highest court in the land controversially sat in secret for the first time in its history today but insisted it had reached the decision with ‘great reluctance’.”

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The Independent, 21st March 2013

Source: www.independent.co.uk

Hayes (FC) (Respondent) v Willoughby (Appellant) – Supreme Court

Posted March 21st, 2013 in crime, defences, harassment, law reports, Supreme Court by sally

Hayes (FC) (Respondent) v Willoughby (Appellant) [2013] UKSC 17 | UKSC 2012/0010 (YouTube)

Supreme Court, 20th March 2013

Source: www.youtube.com/user/UKSupremeCourt

The Supreme Court on harassment: purpose and rationality – UK Human Rights Blog

Posted March 21st, 2013 in crime, defences, harassment, news, Supreme Court by sally

“Harassment is both a civil wrong and a crime. It is a statutory defence to both that the conduct #was pursued for the purpose of preventing or detecting crime’ s.1(3) Protection of Harassment Act 1997. This decision grappled with the problem of the apparently honest but irrational harasser. Was he guilty or did this defence help him? In answering this, the Supreme Court looked at some basic concepts running through great swathes of the law, ‘purpose’, ‘subjective’, ‘objective’, ‘reasonableness’ and, critically, ‘rationality’ – so the case is one not simply for harassment lawyers to look at.”

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UK Human Rights Blog, 20th March 2013

Source: www.ukhumanrightsblog.com

Supreme court rules it can examine secret judgements by lower courts – The Guardian

Posted March 20th, 2013 in closed material, evidence, news, private hearings, Supreme Court by tracey

“The supreme court has ruled for the first time in its history that it can examine secret judgments given by lower courts.”

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The Guardian, 19th March 2013

Source: www.guardian.co.uk

Supreme Court could use secret evidence in landmark case – Daily Telegraph

“The Supreme Court could use secret evidence in a ruling for the first time in a landmark case this week despite previously banning such material from civil courts.”

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Daily Telegraph, 18th March 2013

Source: www.telegraph.co.uk

Daejan Investments Ltd v Benson and others – WLR Daily

Daejan Investments Ltd v Benson and others [2013] UKSC 14; [2013] WLR (D) 94

“Where a landlord’s failure to consult fully with tenants before carrying out major repairs to a block of flats would preclude recovery from the tenants of the full cost of the works unless a leasehold valuation tribunal granted a dispensation under section 20ZA(1) of the Landlord and Tenant Act 1985 from the relevant consultation requirement, dispensation was not to be refused as a punitive measure solely because a landlord had breached the consultation requirements in the Service Charges (Consultation Requirements) (England) Regulations (SI 2003/1987)) but rather the tribunal could grant the dispensation on terms which reflected the actual prejudice which the tenants had suffered.”

WLR Daily, 6th March 2013

Source: www.iclr.co.uk

Supreme Court: diversity, equality and flexibility – Halsbury’s Law Exchange

Posted March 12th, 2013 in diversity, news, solicitors, Supreme Court, women by sally

“In 2009, when asked by the then Lord Chancellor to look at judicial diversity, Baroness Neuberger said:

‘Judges drawn from a wide range of backgrounds and life experiences will bring varying perspectives to bear on critical legal issues. A judiciary which is more visibly reflective of society will enhance public confidence.'”

Full story

Halsbury’s Law Exchange, 11th March 2013

Source: www.halsburyslawexchange.co.uk

Daejan Investments Limited (Appellant) v Benson and others (Respondents) – Supreme Court

Daejan Investments Limited (Appellant) v Benson and others (Respondents) [2013] UKSC 14 | UKSC 2011/0057 (YouTube)

Supreme Court, 6th March 2013

Source: www.youtube.com/user/UKSupremeCourt

A landlord who failed to consult properly with its tenants before incurring service charge costs has been reprieved – OUT-LAW.com

Posted March 8th, 2013 in consultations, costs, landlord & tenant, news, Supreme Court by tracey

“A landlord can still recover the cost of carrying out work on a property from
its tenants through a service charge even if the landlord does not comply with
statutory consultation requirements, provided that the tenants are not
‘prejudiced’ by the landlord’s actions, the Supreme Court has ruled.”

Full story

OUT-LAW.com, 6th March 2013

Source: www.out-law.com

Supreme court may force air pollution legislation – The Guardian

Posted March 7th, 2013 in EC law, environmental protection, news, pollution, Supreme Court by sally

“The supreme court could force the government to take steps to urgently reduce dangerous air pollution in many British cities to meet European limits, following a landmark hearing this week.”

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The Guardian, 7th March 2013

Source: www.guardian.co.uk

Inside the Supreme Court – BBC Law in Action

Posted March 6th, 2013 in judges, news, Supreme Court by sally

“In a broadcasting first the programme comes from inside the United Kingdom Supreme Court where the country’s most senior judge, the Court’s president Lord Neuberger, answers questions put by Joshua Rozenberg and an audience of Law in Action listeners.”

Listen

BBC Law in Action, 5th March 2013

Source: www.bbc.co.uk

Financial Services Authority v Sinaloa Gold plc and others (Barclays Bank plc intervening) – WLR Daily

Financial Services Authority v Sinaloa Gold plc and others (Barclays Bank plc intervening) [2013] UKSC 11; [2013] WLR (D) 90

“There was no general rule that the Financial Services Authority acting pursuant to a public duty should be required to give to the court a cross-undertaking in damages in favour of third parties affected by the obtaining of a freezing injunction under section 380(3) of the Financial Services and Markets Act 2000 and/or section 37(1) of the Senior Courts Act 1981.”

WLR Daily, 27th February 2013

Source: www.iclr.co.uk

Joint Administrators of Heritable Bank plc v Winding Up Board of Landsbanki Islands Hf – WLR Daily

Joint Administrators of Heritable Bank plc v Winding Up Board of Landsbanki Islands Hf [2013] UKSC 13; [2013] WLR (D) 85

“The decision of a court in another member state of the European Economic Area in relation to the insolvency of a credit institution in that state had effect in the United Kingdom in relation to any of that institution’s branches in the United Kingdom as if it were part of the general insolvency law of the United Kingdom. However the decision of that court did not have any effect on proceedings in an United Kingdom court dealing with the insolvency of an United Kingdom credit institution so that all the defences available under United Kingdom insolvency law could be invoked.”

WLR Daily, 27th February 2013

Source: www.iclr.co.uk

Regulators need not guarantee third party losses when freezing assets, Supreme Court confirms – OUT-LAW.com

“Bodies acting under a ‘public law duty’ do not need to cover losses incurred by third parties when they ‘freeze’ the assets of a company under investigation, the Supreme Court has confirmed.”

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OUT-LAW.com, 28th February 2013

Source: www.out-law.com

Joint Administrators of Heritable Bank plc (Respondent) v The Winding-Up Board of Landsbanki Islands HF (Appellant) (Scotland) – Supreme Court

Posted February 28th, 2013 in appeals, banking, cross-claims, insolvency, law reports, Scotland, Supreme Court by sally

Joint Administrators of Heritable Bank plc (Respondent) v The Winding-Up Board of Landsbanki Islands HF (Appellant) (Scotland) [2013] UKSC 13 | UKSC 2011/0234 (YouTube)

Supreme Court, 27th February 2013

Source: www.youtube.com/user/UKSupremeCourt

Davies and another t/a All Stars Nursery (Appellants) v. The Scottish Commission for the Regulation of Care (Scotland) (Respondent) – Supreme Court

Posted February 28th, 2013 in appeals, children, law reports, Scotland, social services, Supreme Court by sally

Davies and another t/a All Stars Nursery (Appellants) v. The Scottish Commission for the Regulation of Care (Scotland) (Respondent) [2013] UKSC 12 | UKSC 2012/0048 (YouTube)

Supreme Court, 27th February 2013

Source: www.youtube.com/user/UKSupremeCourt

The Financial Services Authority (a company limited by guarantee) (Respondent) v Sinaloa Gold plc and others (Respondents) and Barclays Bank plc (Appellant) – Supreme Court

The Financial Services Authority (a company limited by guarantee) (Respondent) v Sinaloa Gold plc and others (Respondents) and Barclays Bank plc (Appellant) [2013] UKSC 11 | UKSC 2011/0244 (YouTube)

Supreme Court, 27th February 2013

Source: www.youtube.com/user/UKSupremeCourt

Attack of the Clones: Supreme Court keeps its white male first eleven – UK Human Rights Blog

Posted February 28th, 2013 in courts, diversity, judges, news, Supreme Court by sally

“Baroness Helena Kennedy has argued that judges have a tendency to clone themselves when choosing successors. It is hard to avoid that impression in the Supreme Court, which kept its white male first eleven in place yesterday by appointing three new justices: Lord Justice Hughes, Lord Justice Toulson and Lord Hodge. The sole woman amongst 12 justices of our highest appeal court remains Lady Hale. There are no black or Asian judges, not have there ever been.”

Full story

UK Human Rights Blog, 27th February 2013

Source: www.ukhumanrightsblog.com

Judicial appointments: new boys at the supreme court – The Guardian

Posted February 28th, 2013 in courts, judges, news, Supreme Court by sally

“Who’s in and who’s out of the top tier of the judiciary? Joshua Rozenberg’s money is on Lady Hale for deputy president.”

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The Guardian, 27th February 2013

Source: www.guardian.co.uk