‘Joseph Steadman has written an article about the signing and witnessing of documents electronically, and considers where the law has got to, where it is going and why this is relevant to pension schemes.’
Pensions Barrister, 5th July 2023
Source: www.pensionsbarrister.com
‘The long anticipated judgment in Elgizouli v Secretary of State for the Home Department was handed down by the Supreme Court on the 25th March. The Court held that it was not the common law but rather a failure by the Home Secretary to consider his duties under the Data Protection Act 2018 (DPA) that rendered the decision of the then Home Secretary- Sajid Javid- to hand over evidence to US authorities unlawful. While others have commented on the DPA aspect of this case (see here, here, and here), this post touches on the common law strand. However, rather than interrogating the Court’s decision, here I discuss the under-examined issue of rationality, arguing that the factual matrix of the case warranted a greater examination of the Home Secretary’s decision.’
UK Constitutional Law Association, 6th May 2020
Source: ukconstitutionallaw.org
‘Many will no doubt pore over the Supreme Court’s recent judgment in Elgizouli v Secretary of State for the Home Department to evaluate its significance for the common law constraint of prerogative power. Ultimately, however, the Supreme Court held that it was not the common law but rather a failure by the Home Secretary to consider his duties under the Data Protection Act 2018 that rendered the decision in question unlawful. This post considers the significance of the Data Protection Act 2018 for protecting the fundamental rights and freedoms of data subjects. Although the narrow ground upon which the judgment was decided will offer some procedural protections for fundamental rights and freedoms, the case’s significance lies in its suggestion as to how data protection law might offer some scope for extending the extraterritorial application of human rights beyond the limits of the European Convention on Human Rights.’
UK Constitutional Law Association, 17th April 2020
Source: ukconstitutionallaw.org
‘Since signing the Sixth Protocol to the European Convention in 1999, the UK has refused to extradite or deport persons to countries where they are facing criminal charges that carry the death penalty.’
UK Human Rights Blog, 14th April 2020
Source: ukhumanrightsblog.com
‘On 25 March 2020, the UK Supreme Court issued R (El Gizouli) v Secretary of State for the Home Department [2020] UKSC 10. Due to the COVID-19 global pandemic, this was the court’s first judgment to be handed down remotely. It confirmed the importance of data protection laws to international transfers of personal information for law enforcement purposes and may have even broader ramifications.’
Oxford Human Rights Hub, 13th April 2020
Source: ohrh.law.ox.ac.uk
‘The UK Supreme Court today ruled that the British Government acted unlawfully in a case where it departed from the UK’s longstanding policy on opposing the death penalty in all circumstances.’
Garden Court Chambers, 25th March 2020
Source: www.gardencourtchambers.co.uk
‘Foreign fighters. Law enforcement cooperation with the US. The death penalty. A seven judge bench in the Supreme Court. Despite showing all the signs of a landmark public law decision, Elgizouli v Secretary of the State for the Home Department [2020] UKSC 10 was a bit of a fizzer on that front. In the end, the real meat was in the DPA 2018’s regulation of law enforcement processing and international data transfers.’
Panopticon, 30th March 2020
Source: panopticonblog.com
‘The appellant’s son is alleged to have been one of a group of terrorists operating in Syria, involved in the murder of US and British citizens. The US made a mutual legal assistance request to the UK in relation to an investigation into the activities of that group. The Home Secretary requested an assurance that the information would not be used directly or indirectly in a prosecution that could lead to the imposition of the death penalty. The US refused to provide a full death penalty assurance and the Home Secretary agreed to provide information to the US without requiring any assurance. The appellant challenged the Home Secretary’s decision by way of judicial review. The questions for the Supreme Court were firstly whether it is unlawful for the Secretary of State to exercise his power to provide MLA so as to supply evidence to a foreign state that will facilitate the imposition of the death penalty in that state on the individual and secondly whether it is lawful under the Data Protection Act 2018, Part 3 for law enforcement authorities in the UK to transfer personal data to law enforcement authorities abroad for use in capital criminal proceedings.’
UKSC Blog, 25th March 2020
Source: ukscblog.com
‘The UK acted unlawfully by passing evidence to the US that could lead to the execution of two British members of an Islamic State murder squad.’
BBC News, 25th March 2020
Source: www.bbc.co.uk
‘A mother has lost a High Court challenge against the UK’s sharing of evidence on two suspected Islamic State fighters without seeking assurances they would not face the death penalty.’
BBC News, 18th January 2019
Source: www.bbc.co.uk
Briggs and others v Gleeds (Head Office) and others [2014] EWHC 1178 (Ch); [2014] WLR (D) 174
‘A representation of law could found an estoppel by representation. Estoppel could not be invoked where a document did not even appear to comply with the requirements of section 1(3) of the Law of Property (Miscellaneous Provisions) Act 1989 on its face or where a document needed to be executed by partners and was stated to be signed, sealed and delivered by each partner but none of those signatures were witnessed. Accordingly members of a pension scheme were not estopped from denying that defective deeds were validly executed.’
WLR Daily, 15th April 2014
Source: www.iclr.co.uk
“A Royal Marine has been found guilty of murder following the killing in cold blood of a badly wounded suspected insurgent in Afghanistan. A court martial board in Bulford, Wiltshire, acquitted two other marines of the murder of the Afghan national in Helmand province in September 2011.”
The Guardian, 8th November 2013
Source: www.guardian.co.uk
“Footage showing the alleged execution of an injured Afghan insurgent by a British serviceman will not be released for fear it could spark revenge attacks on troops, a judge has ruled.”
The Independent, 28th October 2013
Source: www.independent.co.uk
“There was no jurisdiction under CPR Pt 71 for a judgment creditor who was owed a judgment debt by a foreign company to obtain an order for the examination of the company’s officer who was outside the jurisdiction.”
WLR Daily, 31st July 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Windatt (trustee in banruptcy of Wright) v Wright and another [2009] EWCA Civ 81; [2009] WLR (D) 270
“A judgment creditor who had obtained a final charging order before the making of a bankruptcy order was not to be deprived of the benefit of his security by reason of the bankruptcy alone.”
WLR Daily, 31st July 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Masri v Consolidated Contractors International UK Ltd and Others (No 2)
Court of Appeal
“The court had the power to appoint a receiver by way of equitable execution over future receipts from a defined asset.”
The Times, 22nd April 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online fro 21 days from the date of publication.
“There was no reason why the court should not exercise a power to appoint a receiver by way of equitable execution over future receipts from a defined asset. Applications for the appointment of a receiver over foreign debts and ancillary orders did not constitute proceedings concerned with the enforcement of judgments within the meaning of article 22(5) of Council Regulation (EC) No 44/2001.”
WLR Daily, 7th April 2008
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
© Inner Temple Library 2024