Category: Supreme Court

New Judgment: Public Prosecutors Office of the Athens Court of Appeal v O’Connor [2022] UKSC 4 – UKSC Blog

Posted February 3rd, 2022 in agency, appeals, extradition, jurisdiction, news, notification, solicitors, statutory interpretation, Supreme Court, time limits by sally

‘The Respondent was ordered to be extradited to Greece for the purposes of conducting a criminal prosecution against him. On that day, the Respondent’s solicitor stated orally in court that an appeal would be lodged against the extradition order, and on 16 December 2015, the notice of application for leave to appeal was filed with the Court. However, due to an oversight, the solicitor failed to serve the notice on the Crown Solicitor’s Office (on behalf of Greece) until about three weeks later.’

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UKSC Blog, 3rd February 2022

Source: ukscblog.com

Supreme Court throws out legal challenge against £1,012 child citizenship fee – The Independent

Posted February 2nd, 2022 in appeals, children, citizenship, fees, government departments, immigration, news, parliament, Supreme Court by sally

‘The Supreme Court has thrown out a legal challenge against the government’s £1,000 child citizenship fee, which campaigners argue many children cannot afford.’

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The Independent, 2nd February 2022

Source: www.independent.co.uk

Case Comment: Lloyd v Google LLC [2021] UKSC 50 – UKSC Blog

Posted February 2nd, 2022 in appeals, civil procedure rules, class actions, compensation, damages, data protection, internet, news, Supreme Court by sally

‘In this post, Kenny Henderson and Alex Askew of CMS comment on the Supreme Court’s decision in Lloyd v Google LLC [2021] UKSC 50, which concerned whether a representative data protection action seeking damages for loss of control of personal data could be brought on behalf of large numbers of unidentifiable class members.’

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UKSC Blog, 31st January 2022

Source: ukscblog.com

Julian Assange wins first stage of attempt to appeal against extradition – The Guardian

Posted January 26th, 2022 in appeals, extradition, freedom of expression, news, spying, Supreme Court by sally

‘The WikiLeaks founder Julian Assange will be able to go to the supreme court in the UK to challenge a decision allowing him to be extradited to the US to face espionage charges.’

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The Guardian, 24th January 2022

Source: www.theguardian.com

Supreme Court invited to consider secondary victim claims – UK Human Rights Blog

Posted January 24th, 2022 in appeals, damages, limitations, negligence, news, personal injuries, psychiatric damage, statutory duty, Supreme Court, victims by sally

‘Paul & Ors v The Royal Wolverhampton NHS Trust [2022] EWCA Civ 12 (13 January 2022). The Court of Appeal dismissed a set of claims for psychiatric injury on the basis of prior binding authority, but indicated that the issue is suitable for consideration by the Supreme Court.’

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UK Human Rights Blog, 20th January 2022

Source: ukhumanrightsblog.com

Settled by Settlers – Nearly Legal

Posted January 17th, 2022 in appeals, housing, landlord & tenant, leases, news, service charges, Supreme Court by sally

‘FirstPort Property Services Ltd v Settlers Court RTM Co Ltd [2022] UKSC 1 is a big deal in the world of residential leasehold property disputes. Whilst I can’t say that the result is particuarly surprising, I imagine it has sent lawyers, RTM company directors and the Law Commission into a bit of a spin.’

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Nearly Legal, 15th January 2022

Source: nearlylegal.co.uk

The ‘right to manage’ and shared estate facilities – Local Government Lawyer

Posted January 13th, 2022 in easements, landlord & tenant, leases, news, service charges, Supreme Court by sally

‘In a key ruling on the “right to manage” and wider estate facilities, the Supreme Court has overturned the Court of Appeal’s ruling in Gala Unity. Simon Allison and Kimberley Ziya consider the implications.’

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Local Government Lawyer, 12th January 2022

Source: www.localgovernmentlawyer.co.uk

Lewis Graham: Going beyond, and going against, the Strasbourg Court – UK Constitutional Law Association

Posted January 11th, 2022 in gender, human rights, interpretation, news, passports, Supreme Court, treaties by sally

‘Section 2 of the Human Rights Act (HRA) requires that domestic courts “take into account” relevant Strasbourg case law when dealing with substantive claims under that Act. The classic authority on the application of this provision remains – for now – that of Lord Bingham: courts should “keep pace with the Strasbourg jurisprudence as it evolves over time: no more but certainly no less”.’

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UK Constitutional Law Association, 11th January 2022

Source: ukconstitutionallaw.org

Supreme Court to hear case on planning conditions and dedication of highways – Local Government Lawyer

Posted January 11th, 2022 in appeals, local government, news, planning, road safety, roads, Supreme Court by sally

‘The Supreme Court has given Swindon Borough Council permission to appeal in a case about whether a planning condition can require the dedication of a highway.’

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Local Government Lawyer, 10th January 2022

Source: www.localgovernmentlawyer.co.uk

One date to rule them all: McQuillan, McGuigan and McKenna [2021] UKSC 55 – UK Human Rights Blog

Posted January 10th, 2022 in appeals, human rights, news, Northern Ireland, Supreme Court, torture by sally

‘In one of its final decisions of 2021, McQuillan, McGuigan and McKenna, the UK Supreme Court addressed challenges to the effectiveness of police investigations into events which took place during the Northern Ireland conflict. The European Court has long maintained that the right to life (Article 2 ECHR) and the prohibition upon torture and inhuman and degrading treatment (Article 3 ECHR) carry with them positive obligations on the state to conduct effective investigations. These “legacy” cases not only draw the Courts into debates over some of the most contentious aspects of the Northern Ireland conflict, in particular the involvement of state agents in killings and the infliction of serious harms upon individuals, but they also pose questions about how human rights law applied in the context of Northern Ireland as a jurisdiction before the enactment of the Human Rights Act 1998.’

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UK Human Rights Blog, 7th January 2022

Source: ukhumanrightsblog.com

Climate lawyer loses supreme court appeal over Heathrow leak – The Guardian

Posted December 21st, 2021 in airports, appeals, barristers, climate change, contempt of court, costs, disclosure, environmental protection, fines, news, Supreme Court by sally

‘A lawyer and climate campaigner who leaked the result of a supreme court ruling on the Heathrow airport expansion has lost an appeal against a contempt of court finding.’

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The Guardian, 20th December 2021

Source: www.theguardian.com

New Judgment: Her Majesty’s Attorney General v Crosland [2021] UKSC 58 – UKSC Blog

Posted December 21st, 2021 in airports, appeals, barristers, climate change, contempt of court, costs, disclosure, environmental protection, fines, jurisdiction, news, Supreme Court by sally

‘The court unanimously dismissed this appeal concerning whether the Supreme Court was wrong to decide that the appellant’s disclosure of the result of the Heathrow appeal, in breach of an embargo on the Court’s judgment, constituted a contempt of court. Furthermore, did the Court then wrongly impose a fine of £5,000 on the appellant, and wrongly order him to pay the respondent’s costs in the sum of £15,000?’

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UKSC Blog, 20th December 2021

Source: ukscblog.com

New Judgment: R (on the application of Elan-Cane) v Secretary of State for the Home Department [2021] UKSC 56 – UKSC Blog

Posted December 16th, 2021 in gender, government departments, human rights, news, passports, Supreme Court by sally

‘The Supreme Court unanimously dismissed this appeal concerning whether the Court of Appeal was wrong in its conclusion that Her Majesty’s Passport Office’s policy does not unjustifiably breach articles 8 and 14 of the European Convention on Human Rights (“ECHR”).The policy in question holds that (i) an applicant for a passport must declare their gender/sex as being either male or female and (ii) a passport will only be issued bearing a male (“M”) or female (“F”) indicator in the gender/sex field on the face of the passport and will not be issued with an “unspecified” (“X”) gender marker.’

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UKSC Blog, 15th December 2021

Source: ukscblog.com

Gender-neutral passports: Campaigner Christie Elan-Cane loses Supreme Court case – BBC News

Posted December 15th, 2021 in appeals, gender, government departments, human rights, news, passports, Supreme Court by sally

‘A campaigner has lost a Supreme Court case challenging the government’s refusal to issue gender neutral passports.’

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BBC News, 15th December 2021

Source: www.bbc.co.uk

Plan to reform Human Rights Act – Ministry of Justice

Posted December 15th, 2021 in consultations, human rights, Ministry of Justice, news, statute law revision, Supreme Court by sally

‘The Human Rights Act will be revised under plans unveiled by the Justice Secretary Dominic Raab today (14 December).’

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Ministry of Justice, 14th December 2021

Source: www.gov.uk

Supreme Court to rule on investigation into ‘hooded men’ case – The Independent

Posted December 15th, 2021 in appeals, armed forces, news, Northern Ireland, Supreme Court, torture by sally

‘The Supreme Court in London will rule later on whether the Police Service of Northern Ireland is sufficiently independent to carry out an investigation into the case of the “hooded men”.’

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The Independent, 15th December 2021

Source: www.independent.co.uk

The Lionel Cohen Lecture 2021: Judges and Academics, and the Endless Road to Unattainable Perfection – Supreme Court

Posted December 14th, 2021 in judgments, judiciary, lectures, Supreme Court by sally

‘Judges and Academics, and the Endless Road to Unattainable Perfection – Lord Burrows’

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Supreme Court, 6th December 2021

Source: www.supremecourt.uk

New Judgment: R (on the application of Association of Independent Meat Suppliers and another) v Food Standards Agency [2021] UKSC 54 – UKSC Blog

Posted December 9th, 2021 in appeals, EC law, food, food hygiene, news, Supreme Court by sally

‘The Supreme Court unanimously dismissed this appeal concerned the operation of the European Union (“EU”) system for the inspection of meat products to ensure that proper health and safety standards are maintained. The facts of the case arose at a time when, pursuant to the Brexit transition arrangements, EU law was applicable. In 2019, the Supreme Court made a reference to the Court of Justice of the European Union (“CJEU”) on this issue, and the CJEU has now delivered its judgment. The Supreme Court now determines this appeal based on that judgment.’

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UKSC Blog, 8th December 2021

Source: ukscblog.com

The future of class actions after Lloyd – Law Society’s Gazette

Posted December 6th, 2021 in appeals, class actions, compensation, damages, data protection, news, Supreme Court by sally

‘On 10 November, the Supreme Court handed down its long-awaited decision in Lloyd v Google LLC [2021] UKSC 50. The court found unanimously for Google, overturning the Court of Appeal. Mr Lloyd’s claim will not now proceed (at least as currently formulated).’

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Law Society's Gazette, 6th December 2021

Source: www.lawgazette.co.uk

Owners of flats near Tate Modern take privacy case to supreme court – The Guardian

Posted December 6th, 2021 in appeals, housing, news, nuisance, planning, privacy, Supreme Court by sally

‘On one side is Tate Modern. On the other are the owners of nearby luxury apartments objecting to what they regard as the prying eyes of visitors enjoying a viewing platform at Britain’s most visited gallery.’

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The Guardian, 6th December 2021

Source: www.theguardian.com