Category: Supreme Court

Zakrzewski v District Court in Torun, Poland – WLR Daily

Posted January 24th, 2013 in extradition, law reports, Supreme Court, warrants by sally

Zakrzewski v District Court in Torun, Poland [2013] UKSC 2; [2013] WLR (D) 18

“Where the information set out by the requesting state in an European arrest warrant had correctly specified ‘the sentence . . . imposed’ on the convicted person whose extradition it sought, as required by section 2(6)(e) of the Extradition Act 2003, but the courts in that state had subsequently aggregated the sentences so that he was to serve a different, albeit lesser, sentence than that stated in the information, the warrant remained valid and the person could be extradited.”

WLR Daily, 23rd January 2013

Source: www.iclr.co.uk

Treasury presses supreme court to consider secret evidence in bank case – The Guardian

Posted January 23rd, 2013 in banking, closed material, evidence, Iran, news, sanctions, Supreme Court by sally

“The Treasury is urging the supreme court to consider secret evidence for the first time when it hears an appeal by an Iranian bank against sanctions imposed on it by the British government.”

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The Guardian, 22nd January 2013

Source: www.guardian.co.uk

The supreme court’s YouTube channel is a welcome step for open justice – The Guardian

Posted January 21st, 2013 in internet, judgments, news, Supreme Court, video recordings by sally

“Judgment summaries are a good start, but it would be useful to watch recordings of full hearings. Do you agree?”

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The Guardian, 21st January 2013

Source: www.guardian.co.uk

Kinloch v HM Advocate – WLR Daily

Posted December 20th, 2012 in appeals, devolution, human rights, investigatory powers, law reports, Scotland, Supreme Court, trials by tracey

Kinloch v HM Advocate: [2012] UKSC 62; [2012] WLR (D) 385

“Since unauthorised police surveillance of a person engaged in criminal activity in public places did not infringe that person’s right to respect for his private life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Lord Advocate, in adducing evidence obtained by means of such unauthorised surveillance at the trial of that person, had not acted incompatibly with his right to a fair trial under article 6(1) of the Convention, and had accordingly acted within his powers under section 57(2) of the Scotland Act 1998, as amended. However, the question whether the police had acted incompatibly with a Convention right was not a devolution issue within paragraph 1(d) of Schedule 6 to the Scotland Act 1998 and therefore could not be determined under the Supreme Court’s devolution jurisdiction.”

WLR Daily, 19th December 2012

Source: www.iclr.co.uk

Lord Phillips to challenge government on Supreme Court admin appointments – The Lawyer

Posted December 17th, 2012 in bills, judicial appointments commission, judiciary, news, parliament, Supreme Court by sally

“The former president of the Supreme Court, Lord Phillips, will challenge the right of the government to appoint the court’s chief executive in a proposed amendment to the Crime and Courts Bill this week.”

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The Lawyer, 17th December 2012

Source: www.thelawyer.com

Judges take on ministers over supreme court – The Guardian

Posted December 17th, 2012 in bills, judiciary, news, parliament, Supreme Court by sally

“The government is facing a clash with some of the country’s most senior judges who will this week attempt to force ministers to relinquish control of the running of the supreme court.”

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The Guardian, 16th December 2012

Source: www.guardian.co.uk

Supreme court becomes a constitutional animal – The Guardian

Posted November 28th, 2012 in byelaws, constitutional law, news, Supreme Court, Wales by sally

“A recent case concerning Welsh byelaws saw the UK’s highest court acting as a constitutional court.”

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The Guardian, 28th November 2012

Source: www.guardian.co.uk

Catholic teaching institute liable for abuse at school – BBC News

Posted November 22nd, 2012 in child abuse, compensation, education, news, sexual offences, Supreme Court by tracey

“A Catholic teaching institute is liable for alleged physical and sexual abuse at a former boys’ school, the Supreme Court has ruled.”

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BBC News, 21st November 2012

Source: www.bbc.co.uk

Qatada associate will stay in UK, court signals – Daily Telegraph

Posted November 22nd, 2012 in asylum, deportation, news, Supreme Court, terrorism, torture by tracey

“An Islamic fanatic linked with Abu Qatada will stay in the UK even though the Supreme Court has ruled he should not be granted asylum.”

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Daily Telegraph, 21st November 2012

Source: www.telegraph.co.uk

Regina (Gujra) v Crown Prosecution Service – WLR Daily

Posted November 21st, 2012 in appeals, assault, Crown Prosecution Service, evidence, law reports, private prosecutions, Supreme Court, threatening behaviour by sally

Regina (Gujra) v Crown Prosecution Service [2012] UKSC 52; [2012] WLR (D) 330

“The Crown Prosecution Service, in deciding whether to use its statutory power to take over and discontinue a private prosecution on the ground that there was insufficient evidence, was entitled to apply the same test as that applicable to Crown prosecutors when conducting public prosecutions, namely that a prosecution should not be continued unless it was more likely than not that the defendant would be convicted.”

WLR Daily, 14th November 2012

Source: www.iclr.co.uk

Supreme Court to rule on a soldier’s right to life – The Independent

Posted November 12th, 2012 in armed forces, human rights, jurisdiction, news, Supreme Court by sally

“Whether a soldier on the battlefield has the right to life is to be debated by the highest court in the UK in a landmark case that is likely to have major ramifications for the armed forces, The Independent has learned.”

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The Independent, 10th November 2012

Source: www.independent.co.uk

Supreme court urged to rule on Sikh leader’s claim he is a ‘holy saint’ – The Guardian

Posted November 12th, 2012 in admissibility, news, religious discrimination, Sikhism, succession, Supreme Court by sally

“The supreme court is considering whether it should rule on the spiritual status of a Sikh leader and examine his claim to be a ‘holy saint’.”

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The Guardian, 11th November 2012

Source: www.guardian.co.uk

When is Supreme better than Grand? – One Inner Temple Lane

Posted November 7th, 2012 in hearsay evidence, news, precedent, Supreme Court by sally

“With its recent twin judgements of R v Riat & Others [2012] EWCA Crim 1509 and R v Ibrahim [2012] EWCA Crim 837 the Court of Appeal have finally dealt with the fallout from the long running spat over the correct approach to hearsay evidence which had been taking place between the British and European courts.”

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One Inner Temple Lane, 7th November 2012

Source: www.1itl.com

Foreign Secretary v Rahmatullah: Reprieve’s dodgy press release – Head of Legal

Posted November 7th, 2012 in Afghanistan, habeas corpus, human rights, news, rendition, Supreme Court by sally

“Last Wednesday the Supreme Court gave judgment in this case in which Yunus Rahmatullah, who’s being held by American forces in Afghanistan, applied for habeas corpus against the British government.”

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Head of Legal, 6th November 2012

Source: www.headoflegal.com

The dissenting voices in Rahmatullah: no time for political sensitivities – UK Human Rights Blog

Posted November 5th, 2012 in appeals, detention, habeas corpus, judgments, judiciary, news, Supreme Court by sally

“Only a few weeks after giving the Birkenhead lecture entitled ‘Dissenting judgments – self indulgence or self sacrifice?’ (See David Hart QC’s previous post), Lord Kerr delivered the leading judgment of the Supreme Court in the case of Rahmatullah. Given that the issue of a man’s liberty was at stake, it could be no real surprise for Lord Kerr or anyone else that there were two dissenting judgments in the cross-appeal provided by Lord Carnwath and Lady Hale. They made clear that in their view the UK should have done more to secure the release of detainee Yunis Rahmatullah and in doing so raised questions as to the proper limits of judicial intervention into the ‘forbidden area’ of foreign policy.”

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UK Human Rights Blog, 3rd November 2012

Source: www.ukhumanrightsblog.com

Rahmatullah v Secretary of State for Defence and another (JUSTICE intervening) – WLR Daily

Posted November 1st, 2012 in appeals, detention, habeas corpus, jurisdiction, law reports, rendition, Supreme Court, terrorism, treaties by sally

Rahmatullah v Secretary of State for Defence and another (JUSTICE intervening) [2012] UKSC 48; [2012] WLR (D) 301

“Where, on an application for a writ of habeas corpus, the court was uncertain whether the respondents had sufficient control of the applicant to be able to produce him, it could properly issue the writ so that on the return that question could be determined with fuller knowledge.”

WLR Daily, 31st October 2012

Source: www.iclr.co.uk

Supreme Court upholds US detention of Yunus Rahmatullah – UK Human Rights Blog

Posted November 1st, 2012 in appeals, detention, habeas corpus, news, rendition, Supreme Court, terrorism, treaties by sally

“The Supreme Court has ruled that the law of habeas corpus should not be used to order the US to return a Pakistani national held in US custody to the UK.”

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UK Human Rights Blog, 31st October 2012

Source: www.ukhumanrightsblog.com

Yunus Rahmatullah: the US and UK caught committing a crime together – The Guardian

Posted November 1st, 2012 in detention, habeas corpus, international relations, news, rendition, Supreme Court, terrorism by sally

“A UK supreme court ruling on the unlawful detention of Yunus Rahmatullah exposes the complicity of Britain with the US.”

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The Guardian, 31st October 2012

Source: www.guardian.co.uk

Yunus Rahmatullah: Supreme Court upholds detention – BBC News

Posted October 31st, 2012 in appeals, detention, enforcement, habeas corpus, international law, news, Supreme Court, terrorism by sally

“The UK Supreme Court has ruled against a legal charity which argued a Pakistani national in US custody should be handed over to the UK.”

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BBC News, 31st October 2012

Source: www.bbc.co.uk

Abdulla and others v Birmingham City Council – WLR Daily

Posted October 30th, 2012 in contract of employment, employment tribunals, equal pay, law reports, local government, sex discrimination, Supreme Court, time limits by sally

Abdulla and others v Birmingham City Council [2012] UKSC 47; [2012] WLR (D) 294

“A claim in respect of the operation of an equality clause in a contract of employment could never more conveniently be disposed of by an employment tribunal, rather than a court, if the tribunal would not be able to determine the claim on its merits because the limitation period applicable in the tribunal had expired.”

WLR Daily, 24th October 2012

Source: www.iclr.co.uk