Judge appeals for funds to fight judiciary whistleblowing ruling – The Guardian
‘Claire Gilham wants judges to have legal protections for disclosures in public interest.’
The Guardian, 12th November 2018
Source: www.theguardian.com
Category: Supreme Court
Case Comment: KO (Nigeria) & Ors v Secretary of State for the Home Department [2018] UKSC 53 Part Two – UKSC Blog
‘(ii) Undue Harshness
Next, the court opined that the structure of s 117C was difficult to follow as it begins by asad-khanstressing that deporting foreign criminals is in the public interest; which increases with the seriousness of the offending. The unimpressive drafting led Lord Carnwath to observe that rather than expressly indicating “how or at what stage of the process those general rules are to be given effect,” s 117C is instead devoted to rules for two types of foreign criminals and two exceptions.’
UKSC Blog, 9th November 2018
Source: ukscblog.com
Case Comment: KO (Nigeria) & Ors v Secretary of State for the Home Department [2018] UKSC 53 Part One – UKSC Blog
‘The Supreme Court unanimously dismissed these appeals. But thankfully Lord Carnwath’s meticulous judgment clarified wide-ranging misconceptions in the courts below regarding the correct interpretation of the Nationality, Immigration and Asylum Act 2002 (as amended), Part 5A, ss 117A to 117D. Centrally, s 117D(1) defines a “qualifying child” as someone under the age of 18 who is either a British citizen or has lived in the UK for a continuous period of seven years or more. Despite the controversial nature and history of these cases, Lord Carnwath’s short but robust judgment concentrates on simplicity because the novel statutory scheme aims “to produce a straightforward set of rules” on ECHR, art 8 and public interest considerations.’
UKSC Blog, 9th November 2018
Source: ukscblog.com
Supreme Court rejects time bar in passenger death at sea case – OUT-LAW.com
‘The Supreme Court has issued an important judgment on the interaction between the 1974 Athens Convention on carriage of passengers by sea and time bar provisions in Scottish domestic law.’
OUT-LAW.com, 5th November 2018
Source: www.out-law.com
Supreme Court to hear key case on village greens and public authority land – Local Government Lawyer
‘The Supreme Court has agreed to hear conjoined cases over village greens, public authority-owned land and the concept of ‘statutory incompatibility’, it has been reported.’
Local Government Lawyer, 5th November 2018
Source: www.localgovernmentlawyer.co.uk
Darnley v Croydon Health Services NHS Trust: Supreme Court confirms duty of care exists on non-medical A&E staff – Cloisters
‘In a unanimous judgment delivered on 10th October 2018, the Supreme Court reminded practitioners that there is no need to consider the Caparo v Dickman test in every case where the existence of a duty of care is in issue, and that judges must be careful not to conflate issues relevant to the existence of a duty with those relevant to whether or not the duty has been breached.’
Cloisters, 18th October 2018
Source: www.cloisters.com
Lee v Ashers Baking Company Ltd and others – Blackstone Chambers
‘The Supreme Court unanimously and comprehensively reversed the Northern Ireland Court of Appeal’s decision in the “gay cake” case. The Supreme Court, in a decision of considerable significance for the United Kingdom as a whole, and beyond, held that the bakery would have refused to supply this particular cake to anyone, whatever their personal characteristics. So there was no discrimination on grounds of sexual orientation. If and to the extent that there was an arguable case of discrimination on grounds of political opinion, no justification has been shown for overriding the bakery’s ECHR protections against compelled speech.’
Blackstone Chambers, 10th October 2018
Source: www.blackstonechambers.com
New Judgment: Dooneen Ltd (t/a McGinness Associates) & Anor v Mond [2018] UKSC 54 – UKSC Blog
‘This appeal considered the construction of the expression ‘final distribution’ in a voluntary trust deed for creditors, and whether this includes a distribution made when the creditors receive less than 100 pence in the pound and there remain (following that distribution) assets vested in the trustee, albeit the trustee is unaware of their existence.’
UKSC Blog, 31st October 2018
Source: ukscblog.com
Supreme Court to hear dispute over service of completion notice in rates case – Local Government Lawyer
‘The Supreme Court will next week hear a key case on the service of a completion notice by a billing authority.’
Local Government Lawyer, 29th October 2018
Source: www.localgovernmentlawyer.co.uk
Supreme Court rules that parental misconduct irrelevant to whether child should leave UK — an extended look – UK Human Rights Blog
‘This is a major decision which clarifies the approach that the Immigration Tribunal should take to the question of whether a child and/or their parents should be removed from the UK in circumstances where it is claimed that this would constitute a disproportionate interference in their rights to private and family life.’
UK Human Rights Blog, 29th October 2018
Source: ukhumanrightsblog.com
Joanna Bell: The Supreme Court’s Approach to the Finality Clause in Lee v Ashers: A Response to Anurag Deb & Conor McCormick & Looking Forward to Privacy International – UK Constitutional Law Association
‘Lee v Ashers Baking Company Ltd [2018] UKSC 49 (“gay cake”case) has probably not escaped the attention of any public lawyer. As Anurag Deb & Conor McCormick have usefully pointed out in a recent blog post, however, what may have been overlooked is that this case is not only important from a human rights or equality perspective, but from an administrative law perspective too. This is because the case contains a judgment, delivered by Lord Mance, which offers the unanimous court’s view on the meaning of a finality clause contained in the County Courts (Northern Ireland) Order 1980.’
UK Constitutional Law Association, 23rd October 2018
Source: ukconstitutionallaw.org
Supreme Court to hear case on deprivations of liberty, community treatment orders – Local Government Lawyer
‘The Supreme Court will next week consider whether a statutory power to impose conditions amounting to a deprivation of liberty can ever lawfully be “implied”.’
Local Government Lawyer, 18th October 2018
Source: www.localgovernmentlawyer.co.uk
Anurag Deb and Conor McCormick: Lee v Ashers: A Recipe for Jurisdictional Confusion? – UK Constitutional Law Association
‘On 10 October 2018, the UK Supreme Court handed down its judgment in Lee v Ashers Baking Company Ltd [2018] UKSC 49, sparking much debate and commentary. The judgment is legally important for how it conceptualises freedom of expression, and for the surprising evidence of judicial overreaching it contains. Given that others have already considered the former issue in some depth (see Chandrachud and Rowbottom on this blog alone), we focus on the latter in this post.’
UK Constitutional Law Association, 18th October 2018
Source: ukconstitutionallaw.org
Supreme Court to hear row between TfL and councils over highways – Local Government Lawyer
‘The Supreme Court will next week hear a dispute between two London councils and Transport of London (TfL) over the transfer of highways in the capital.’
Local Government Lawyer, 18th October 2018
Source: www.localgovernmentlawyer.co.uk
Jacob Rowbottom: Cakes, Gay Marriage and the Right against Compelled Speech – UK Constitutional Law Association
‘In the high-profile decision in Lee v Ashers, the Supreme Court had to consider a customer’s rights against discrimination along with the baker’s right to freedom of expression. In its finding for the baker, the Supreme Court took an important step in developing a domestic doctrine against ‘compelled speech’. While the outcome of the case divides opinion, the reasoning of the Court requires further consideration of when a person has a right not express a particular view.’
UK Constitutional Law Association, 16th October 2018
Source: ukconstitutionallaw.org
Darnley v Croydon Health Services NHS Trust – Law Pod UK
‘In Darnley v Croydon NHS Trust [2018] UKSC 50 the Supreme Court has ruled that hospitals are liable for the actions and statements of their non-medical staff in A & E. Rosalind English discusses the implications of this judgment with Owain Thomas QC.’
Law Pod UK, 15th October 2018
Source: audioboom.com
Conscience and cake: the final chapter – UK Human Rights Blog
‘Lee v. Ashers Baking Company Ltd. On Wednesday the Supreme Court handed down its much-anticipated judgment in the ‘gay cake’ case. The Court unanimously held that it was not direct discrimination on grounds of sexual orientation or political opinion for the owners of a Northern Irish bakery to refuse to bake a cake with the message ‘Support Gay Marriage’ on it, when to do so would have been contrary to their sincerely held religious beliefs.’
UK Human Rights Blog, 15th October 2018
Source: ukhumanrightsblog.com
Supreme Court rules that hospital receptionist owes a duty of care to a patient — Owain Thomas QC – UK Human Rights Blog
‘The Supreme Court has unanimously allowed the appeal of Michael Darnley in Darnley v Croydon Health Services NHS Trust [2018] UKSC 50, holding that a hospital receptionist owed a duty of care to a patient at A&E, which was breached by providing him with incorrect information as to how long he was likely to have to wait before being seen or triaged.’
UK Human Rights Blog, 11th October 2018
Source: ukhumanrightsblog.com
Council loses Supreme Court battle over HMO licence conditions – Local Government Lawyer
‘Nottingham City Council has lost a Supreme Court case over whether it was right to prohibit the use of two attics as bedrooms.’
Local Government Lawyer, 11th October 2018
Source: www.localgovernmentlawyer.co.uk
Baker’s refusal to bake gay marriage cake not direct discrimination – OUT-LAW.com
‘A Christian bakery’s refusal to bake a cake iced with a message supportive of same sex marriage was not direct discrimination, the UK’s highest court has ruled.’
OUT-LAW.com, 11th October 2018
Source: www.out-law.com
