McGraddie v McGraddie and another [2013] UKSC 58; [2013] WLR (D) 323
“An appellate court should not interfere with the trial judge’s conclusions on primary facts unless it was satisfied that he was plainly wrong.”
WLR Daily, 31st July 2013
Source: www.iclr.co.uk
South Lanarkshire Council v Scottish Information Commissioner [2013] UKSC 55; [2013] WLR (D) 307
“Whether processing personal data was ‘necessary’ within the meaning of condition 6 in Schedule 2 to the Data Protection Act 1998 was to be determined as part of the proportionality test established in European Union law so that a measure which interfered with a right protected by such law had to be the least restrictive for the achievement of a legitimate aim.”
WLR Daily, 29th July 2013
Source: www.iclr.co.uk
Supreme Court, 29th July 2013
“The Supreme Court has rejected an appeal by a council against disclosure of information on equal pay.”
Local Government Lawyer, 29th July 2013
Source: www.localgovernmentlawyer.co.uk
“An arrested person who resisted extradition on the basis that there was systemic corruption in the judicial system in the requesting country did not necessarily have to point to particular facts or circumstances affecting his case since such corruption affected everyone who was subjected to it and it was impossible to say that any individual who was returned to such a system would receive the right to a fair trial within article 6 of the Convention.”
WLR Daily, 10th July 2013
Source: www.iclr.co.uk
Supreme Court, 10th July 2013
“For the first time ever, remotely operated cameras have been placed inside a British criminal court to capture a murder trial in its entirety for this feature-length documentary.”
Channel 4, 9th July 2013
Source: www.channel4.com
“A Scottish trial has been filmed for TV. Could this ever happen in England, asks Neil Midgley.”
Daily Telegraph, 8th July 2013
Source: www.telegraph.co.uk
Related link: Nat Fraser case: Murder trial to be broadcast on TV
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“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.”
Local Government Lawyer, 26th June 2013
Source: www.localgovernmentlawyer.co.uk
Supreme Court, 26th June 2013
O’Neill v HM Advocate (No 2); Lauchlanv Same [2013] UKSC 36; [2013] WLR (D) 231
“The right to a trial within a reasonable time under article 6.1 of the Convention for the Protection of Human Rights and Fundamental Freedoms was a separate right from the right to a fair trial under that article. Consequently the time when a person was ‘charged’ with an offence for the purposes of time starting to run under the reasonable time guarantee might be different from the time when he should have had access to a lawyer for the purposes of ensuring a fair trial under article 6.1 read with article 6.3(c).”
WLR Daily, 13th June 2013
Source: www.iclr.co.uk
Uprichard (Appellant) v Scottish Ministers and another [2013] UKSC 21 | UKSC 2012/0034 (YouTube)
Supreme Court, 24th April 2013
“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.”
UK Human Rights Blog, 24th April 2013
Source: www.ukhumanrightsblog.com
“Psychiatric hospitals must consider the children of those who are given compulsory mental health treatment, according to a health watchdog. The Mental Welfare Commission says most healthcare staff are unaware of their responsibilities to help parents to maintain contact with their children.”
BBC News, 7th March 2013
Source: www.bbc.co.uk
Supreme Court, 27th February 2013
Supreme Court, 27th February 2013
Supreme Court, 23rd January 2013
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
M v Scottish Ministers [2012] UKSC 58; [2012] WLR (D) 365
“It had been unlawful for the Scottish Ministers to fail to make the necessary regulations defining a who was a ‘qualifying patient’ detained at a ‘qualifying hospital’ and thus entitled to apply for a declaration from the Mental Health Tribunal for Scotland that he was a person detained under conditions of excessive security pursuant to section 268 of the Mental Health (Care and Treatment) (Scotland) Act 2003 which came into force on 1 May 2006 pursuant to section 333(2) of that Act.”
WLR Daily, 28th November 2012
Source: www.iclr.co.uk
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