“The Department of Work and Pensions (DWP) is set to redraft pensions legislation after defeat in a key pensions case in the Supreme Court this morning.”
The Lawyer, 27th July 2011
Source: www.thelawyer.com
Lucasfilm Ltd and others v Ainsworth and another [2011] UKSC 39; [2011] WLR (D) 257
“A judge was entitled to conclude that a helmet worn by a fictional character in a film was not a ‘sculpture’ for the purposes of copyright protection. A claim against a defendant domiciled in England for infringement of a foreign copyright could be justiciable in England.”
WLR Daily, 27th July 2011
Source: www.iclr.co.uk
Autoclenz Ltd v Belcher and others [2011] UKSC 41; [2011] WLR (D) 255
“In the employment context, the courts should focus on the reality of the relationship between the parties, which might not be accurately reflected by the written documentation. In deciding whether the terms of any written agreement in truth represented what was agreed, the relative bargaining power of the parties had to be taken into account.”
WLR Daily, 27th July 2011
Source; www.iclr.co.uk
“The Supreme Court has ruled that arbitrators are not employees for the purposes of employment equality legislation.”
Law Society’s Gazette, 27th July 2011
Source: www.lawgazette.co.uk
“The UK supreme court announced this week that it was looking to recruit a couple of new judges (at salaries of £206,857). There is one immediate vacancy following the death of Lord Rodger last month, and there will be a further vacancy next April when Lord Brown retires. Who will get the jobs?”
The Guardian, 27th July 2011
Soruce: www.guardian.co.uk
“Teachers who had been employed by the Secretary of State for Children, Schools and Families and seconded to work at European Schools throughout the European Union were entitled to bring unfair dismissal claims before an employment tribunal under section 94(1) of the Employment Rights Act 1996.”
WLR Daily, 15th July 2011
Source: www.iclr.co.uk
“The supreme court’s decision in R v Gnango could change controversial area of joint enterprise law.”
The Guardian, 25th July 2011
Source: www.guardian.co.uk
Regina v Smith (Nicholas) [2011] UKSC 37; [2011] WLR (D) 239
“A sentence of imprisonment for public protection could be imposed upon a defendant who was already serving a sentence of life imprisonment.”
WLR Daily, 20th July 2011
Source: www.iclr.co.uk
Regina v Maxwell [2010] UKSC 48; [2011] WLR (D) 238
“When the Court of Appeal quashed a conviction and then exercised its discretion under section 7 of the Criminal Appeal Act 1968 to order a retrial of the defendant, that decision should not be upset on appeal unless it could be shown that it was plainly wrong in that it was one which no reasonable court could have made or that it took into account immaterial factors or failed to consider material factors.”
WLR Daily, 20th July 2011
Source: www.iclr.co.uk
“Teachers working for the UK Government in European Schools should have the same protections from unfair dismissal as those working in the UK, the Supreme Court has ruled.”
OUT-LAW.com, 21st July 2011
Source: www.out-law.com
“The supreme court has outlawed intelligence services’ use of secret evidence in court to conceal allegations that detainees were tortured.”
The Guardian, 13th July 2011
Source: www.guardian.co.uk
NML Capital Ltd v Republic of Argentina [2011] UKSC 31; [2011] WLR (D) 220
“The Republic of Argentina was not entitled, by virtue of section 31 of the Civil Jurisdiction and Judgments Act 1982, to state immunity in respect of proceedings brought in England for the enforcement of a judgment obtained in New York. In addition, the terms of the agreement between the republic and the claimant, amounted to a waiver of immunity and a submission to the jurisdiction of the English court.”
WLR Daily, 6th July 2011
Source: www.iclr.co.uk
“A local authority had been entitled to withdraw the funding for a night-time carer to assist a disabled person to use a commode when required, and to instead provide her with incontinence pads to wear at night.”
WLR Daily, 6th July 2011
Source: www.iclr.co.uk
“The supreme court seemed to be exercising powers it does not have when it offered to consider suspending the bail ruling”
The Guardian, 6th July 2011
Source: www.guardian.co.uk
“The supreme court has dismissed an application from the police to suspend a ruling that triggered a bail crisis, leaving the legal position of 85,000 suspects in doubt.”
The Guardian, 5th July 2011
Source: www.guardian.co.uk
“A teaching assistant accused of acts of abuse of trust with a pupil was not entitled to legal representation in school disciplinary proceedings which might lead to a referral to the Independent Safeguarding Authority, which could bar him from working with children.”
WLR Daily, 29th June 2011
Source: www.iclr.co.uk
Eba v Advocate General for Scotland [2011] UKSC 29; [2011] WLR (D) 204
“The approach to judicial review of unappealable decisions of the Upper Tribunal in Scotland should be to align itself with what had been decided by the Supreme Court to be the approach to be taken in England and Wales. Accordingly, as in England and Wales, the same criteria which had to be satisfied when making a second-tier appeal to the Court of Appeal applied when deciding whether a refusal of permission by the Upper Tribunal to appeal to itself was open to judicial review in Scotland.”
WLR Daily, 22nd June 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Judicial review of a refusal by the Upper Tribunal of permission to appeal to itself was limited to the grounds upon which permission to make a second-tier appeal to the Court of Appeal would be granted.”
WLR Daily, 22nd June 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“The courts will rely on their depleted ranks of senior managers to remain open during industrial action, when Ministry of Justice members of the Public and Commercial Services Union (PCS) strike on 30 June in protest at proposed changes to public sector pensions and job cuts.”
Law Society’s Gazette, 23rd June 2011
Source: www.lawgazette.co.uk
“A judge’s unprecedented attempt to deliver a verdict on her own after allegations of jury-tampering in a fraud trial may be referred to the supreme court.”
The Guardian, 15th June 2011
Source: www.guardian.co.uk
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