Category: Supreme Court

Freedom of Information and Data Protection: Case Law Update 2014 – Thirty Nine Essex Street

Posted March 18th, 2015 in damages, data protection, freedom of information, human rights, legal profession, news, privilege, Supreme Court, vexatious litigants by sally

‘This paper covers key information rights cases in 2014. The breadth of issues covered below, from legal professional privilege, human rights to vexatious requests, demonstrates the overlap between information law and many other areas of public law. This paper is intended to provide guidance, even for those who are not steeped, day-to-day, in the workings of the Freedom of Information Act 2000 (“FOIA”) and the Data Protection Act 1998 (the “DPA”), on the practical implications of these developments.’

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Thirty Nine Essex Street, February 2015

Source: www.39essex.com

UK benefit cap is lawful, supreme court rules – The Guardian

Posted March 18th, 2015 in benefits, children, domestic violence, families, news, poverty, Supreme Court, treaties, United Nations by sally

‘The supreme court has ruled that the government’s benefit cap, which limits unemployed claimants to £500 a week in total welfare payments, is lawful.’

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The Guardian, 18th March 2015

Source: www.guardian.co.uk

Court of Protection Issues – Thirty Nine Essex Street

Posted March 18th, 2015 in care homes, Court of Protection, custody, human rights, learning difficulties, news, residential care, Supreme Court by sally

‘This paper provides an overview of the procedure which has been put in place to implement the streamlined process by which the Court of Protection may authorise deprivations of liberty following the Supreme Court decision in P v Cheshire West and Chester Council and P and Q v Surrey County Council [2014] UKSC 19.’

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Thirty Nine Essex Street, February 2015

Source: www.39essex.com

Supreme court to decide whether UK benefits cap is unlawful – The Guardian

Posted March 18th, 2015 in appeals, benefits, domestic violence, EC law, families, homelessness, housing, news, Supreme Court by sally

‘The Supreme court will decide on Wednesday if a cornerstone of the coalition government’s benefits policy is unlawful.’

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The Guardian, 18th March 2015

Source: www.guardian.co.uk

The Costs of Complexity (Revisited): A Practical View From the Bar – Littleton Chambers

Posted March 17th, 2015 in appeals, civil procedure rules, courts, fees, human rights, news, Supreme Court by sally

‘In his monthly column, originally published by PLC, James Bickford Smith considers again the Supreme Court’s judgment in Coventry v Lawrence (No 2) [2014] UKSC 46, the adjourned hearing of which has been listed for 9-11 February 2015. James assesses some of the key issues which have been debated since his initial analysis of the decision in October 2014, including the potential uncertainty for current funding arrangements that are not dependent on the Access to Justice Act 1999.’

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Littleton Chambers, 5th February 2015

Source: www.littletonchambers.com

The Law of International Custom in the Case Law of the House of Lords and the United Kingdom Supreme Court – 11KBW

Posted March 17th, 2015 in appeals, international law, news, state immunity, Supreme Court by sally

‘Tom Cross and Lord Collins of Mapesbury have co-authored a paper titled ‘The Law of International Custom in the Case Law of the House of Lords and the United Kingdom Supreme Court’ (2011), which is due to be published by the Council of Europe. The article discusses the status of customary international law in domestic law by reference to the leading cases.’

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11KBW, 11th March 2015

Source: www.11kbw.com

Regina (Newhaven Port & Properties Ltd) v East Sussex County Council – WLR Daily

Posted March 17th, 2015 in appeals, commons, land registration, law reports, local government, Supreme Court by sally

Regina (Newhaven Port & Properties Ltd) v East Sussex County Council [2015] UKSC 7; [2015] WLR (D) 109

‘An area of foreshore which lay within the operational land of a harbour was not registrable as a town or village green pursuant to section 15 of the Commons Act 2006 because the byelaws applicable to the harbour had impliedly authorised it use for bathing and associated recreational activities, and so such use had not been “as of right”, and in any event section 15 did not apply where the statutory purposes for which such land was held were incompatible with such registration.’

WLR Daily, 25th February 2015

Source: www.iclr.co.uk

Richard Clayton QC: Fairness, Consultation, and the Supreme Court: There Is (Sometimes) an Alternative – UK Constitutional Law Association

Posted March 16th, 2015 in appeals, budgets, consultations, council tax, judicial review, local government, news, Supreme Court by sally

‘In the last few years Austerity Britain has generated a large number of judicial review challenges to public spending cuts, particularly against local authorities. Many cases allege that the public body has consulted unlawfully. The legal principles involved have been firmly established. However, in October 2014 the Supreme Court in R (Moseley) v Haringey LBC [2014] 1 WLR 394 added a new ingredient to the mix, and the courts are still in the process of working out the implications of that decision.’

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UK Constitutional Law Association, 16th March 2015

Source: www.ukconstitutionallaw.org

Catt is put back in the bag – supreme court reverses court of appeal in police data retention case – Panopticon

Posted March 12th, 2015 in appeals, data protection, demonstrations, news, police, privacy, Supreme Court by sally

‘The Catt and T cases are both concerned with this important question: to what extent may the police lawfully retain records relating to individuals who have not in fact been arrested or charged in connection with any criminal offence. The Supreme Court has now had its say on this question – see the judgment here.’

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Panopticon, 11th March 2015

Source: www.panopticonblog.com

Supreme Court sets out approach to disability discrimination defences in evictions – Local Government Lawyer

Posted March 12th, 2015 in appeals, disability discrimination, news, repossession, Supreme Court by sally

‘A judge hearing an eviction case misdirected himself in adopting the same approach to the defence of disability discrimination as to an alleged breach of Article 8 of the European Court of Human Rights, the Supreme Court has ruled.’

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Local Government Lawyer, 11th March 2015

Source: www.localgovernmentlawyer.co.uk

Home Office asserts Jamaica safe in general despite persecution of LGBT community – Free Movement

Posted March 12th, 2015 in appeals, asylum, deportation, homosexuality, Jamaica, news, sexual orientation discrimination, Supreme Court by sally

‘The Supreme Court last week rejected the Home Office’s attempt to keep Jamaica on the list of safe countries for asylum claims despite an estimated 10% of the population in Jamaica being subject to persecution because they are gay. This blow to the Home Office came the same week that the case of Aderonke Apata reached court again, leading to some startling submissions on sexuality being made to the court on behalf of the Home Office.’

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Free Movement, 11th March 2015

Source: www.freemovement.org.uk

The 91 year-old activist and the angry neighbours: the Supreme Court considers the limits on police retaining personal data – RPC Privacy Law

Posted March 12th, 2015 in appeals, data protection, demonstrations, news, police, Supreme Court by sally

‘In a decision handed down last week, the Supreme Court has decided that the police were entitled to retain personal data regarding a 91 year-old peace activist and a woman who got into a minor dispute with a neighbour, even though in both cases the individuals’ article 8 rights to privacy were engaged.’

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RPC Privacy Law, 9th March 2015

Source: www.rpc.co.uk

Delayed divorce battle: Ecotricity founder Dale Vince’s New Age traveller ex-wife wins cash fight – Daily Telegraph

Posted March 11th, 2015 in appeals, divorce, financial provision, news, Supreme Court, time limits by sally

‘A former New Age traveller whose ex-husband became a millionaire more than a decade after they separated has won a cash fight in the Supreme Court. Kathleen Wyatt wants a payout from Dale Vince – although she did not lodge a claim until nearly 20 years after their divorce.’

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Daily Telegraph, 11th March 2015

Source: www.telegraph.co.uk

Whether charities liable for damage caused by protesters depends on factual connections, says expert – OUT-LAW.com

Posted March 11th, 2015 in charities, criminal damage, fisheries, news, Supreme Court by sally

‘Companies can find themselves the subject of protests which cause costly damage, but can they sue protesters? The Supreme Court has laid out some of the logic it would use to rule on a claim, though it did not find a charity liable in this case.’

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OUT-LAW.com, 9th March 2015

Source: www.out-law.com

Wind farm tycoon Dale Vince awaits post-divorce payout ruling – BBC News

Posted March 11th, 2015 in appeals, divorce, financial provision, news, Supreme Court, time limits by sally

‘A wind power tycoon will learn whether his ex-wife’s claim for a financial settlement lodged almost 20 years after they divorced has been successful.’

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BBC News, 11th March 2015

Source: www.bbc.co.uk

Public protest, private rights – UK Human Rights Blog

Posted March 9th, 2015 in appeals, data protection, demonstrations, human rights, investigatory powers, news, police, privacy, proportionality, Supreme Court, violent disorder by sally

‘R (Catt) and R (T) v Commissioner of Police of the Metropolis [2015] UKSC 9. A majority of the Supreme Court has held that the retention by police of information on the Domestic Extremism Database about a 91 year-old activist’s presence at political protests was (1) in accordance with the law and (2) a proportionate interference with his right to a private life under Article 8(1) of the ECHR.’

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UK Human Rights Blog, 6th March 2015

Source: www.ukhumanrightsblog.com

Nuptial Agreements: The Search for Intention – Family Law Week

Posted March 9th, 2015 in appeals, disclosure, divorce, enforcement, financial dispute resolution, financial provision, legal services, news, prenuptial agreements, Supreme Court by sally

‘Ben Wooldridge, pupil at 1 Hare Court, reviews the court’s treatment of nuptial agreements since Radmacher v Granatino [2010] UKSC 42, highlighting emerging trends and the growing significance of the parties’ intentions in determining enforceability.’

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Family Law Week, 5th MArch 2015

Source: www.familylawweek.co.uk

R (on the application of Newhaven Port and Properties Limited) (Appellant) v East Sussex County Council and another (Respondents) – Supreme Court

Posted March 3rd, 2015 in appeals, byelaws, commons, law reports, Supreme Court by sally

R (on the application of Newhaven Port and Properties Limited) (Appellant) v East Sussex County Council and another (Respondents) [2015] UKSC 7 (YouTube)

Supreme Court, 25th February 2015

Source: www.youtube.com/user/UKSupremeCourt

R (on the app. of Rotherham Borough Council & others) v Secretary of State for B.I.S. – Supreme Court

Posted March 3rd, 2015 in appeals, budgets, EC law, law reports, local government, regulations, Supreme Court by sally

R (on the app. of Rotherham Borough Council & others) v Secretary of State for B.I.S. [2015] UKSC 6 (YouTube

Supreme Court, 25th February 2015

Source: www.youtube.com/user/UKSupremeCourt

Appeal court sets ‘lowest reasonable rate’ test for credit hire charges – Litigation Futures

Posted March 2nd, 2015 in appeals, insurance, news, road traffic, Supreme Court by sally

‘The insurance industry today claimed they had achieved a major success after the Court of Appeal ruled that judges evaluating credit hire claims involving pecunious claimants should adopt the “lowest reasonable rate”.’

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Litigation Futures, 26th February 2015

Source: www.litigationfutures.com