Supreme Court – Page 81 – Current Awareness

Plevin v Paragon Personal Finance Ltd and another – WLR Daily

Posted November 18th, 2014 in appeals, consumer credit, disclosure, insurance, law reports, Supreme Court by sally

Plevin v Paragon Personal Finance Ltd and another [2014] UKSC 61; [2014] WLR (D) 487

‘An agreement for payment protection insurance was unfair within the meaning of section 140A of the Consumer Credit Act 1974, as inserted, when the debtor had not been told, before concluding the agreement, that over 70% of the one-off £5,780 premium would be used to pay commission to various parties.’

WLR Daily, 12th November 2014

Source: www.iclr.co.uk

Regina (Stirling) v Haringey London Borough Council – WLR Daily

Posted November 18th, 2014 in appeals, consultations, council tax, law reports, local government, Supreme Court by sally

Regina (Stirling) v Haringey London Borough Council [2014] UKSC 56; [2014] WLR (D) 486

‘A public consultation under paragraph 3(1)(c) of Schedule 1A to the Local Government Finance Act 1992, as inserted, about a proposed council tax reduction scheme was unlawful if it did not involve inviting and considering views about possible alternatives to the scheme favoured by the local authority.’

WLR Daily, 29th October 2014

Source: www.iclr.co.uk

Sims (Appellant) v Dacorum Borough Council (Respondent) – Supreme Court

Posted November 18th, 2014 in appeals, housing, human rights, landlord & tenant, law reports, local government, Supreme Court by sally

Sims (Appellant) v Dacorum Borough Council (Respondent) [2014] UKSC 63 (YouTube)

Supreme Court, 12th November 2014

Source: www.youtube.com/user/UKSupremeCourt

R (Lord Carlile of Berriew QC and others) v Secretary of State for the Home Department – Supreme Court

Posted November 18th, 2014 in appeals, law reports, ministers' powers and duties, parliament, proportionality, Supreme Court, terrorism, visas by sally

R (on the application of Lord Carlile of Berriew QC and others) (Appellants) v Secretary of State for the Home Department (Respondent) [2014] UKSC 60 (YouTube)

Supreme Court, 12th November 2014

Source: www.youtube.com/user/UKSupremeCourt

Plevin (Respondent) v Paragon Personal Finance Limited (Appellant) – Supreme Court

Posted November 18th, 2014 in appeals, consumer credit, disclosure, insurance, law reports, Supreme Court by sally

Plevin (Respondent) v Paragon Personal Finance Limited (Appellant) [2014] UKSC 61 (YouTube)

Supreme Court, 12th November 2014

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of ZH and CN) (Appellants) v London Borough of Newham and London Borough of Lewisham (Respondents) – Supreme Court

Posted November 18th, 2014 in appeals, homelessness, housing, law reports, local government, repossession, Supreme Court by sally

R (on the application of ZH and CN) (Appellants) v London Borough of Newham and London Borough of Lewisham (Respondents) [2014] UKSC 62 (YouTube)

Supreme Court, 12th November 2014

Source: www.youtube.com/user/UKSupremeCourt

My Achy, Breaky Tenancy: Supreme Court rules it human rights-compatible for one tenant’s unilateral Notice to Quit to end a joint tenancy – Zenith Chambers

Posted November 18th, 2014 in appeals, housing, human rights, landlord & tenant, local government, news, notification, Supreme Court by sally

‘Something that can take some housing practitioners by surprise is a Notice to Quit served, not by a landlord on a tenant, but by a tenant on a landlord (sometimes referred to by housing officers as a “notice to terminate”).’

Full story

Zenith Chambers, 13th November 2014

Source: www.zenithchambers.co.uk

Alleged extremist stripped of citizenship appeals to Supreme Court – BBC News

Posted November 18th, 2014 in appeals, citizenship, international law, news, Supreme Court, terrorism by sally

‘A Muslim convert, stripped of his British citizenship because of alleged extremism, is appealing to the Supreme Court that he has been left stateless.’

Full story

BBC News, 18th November 2014

Source: www.bbc.co.uk

Magic beans for that cow? – Zenith Chambers

Posted November 17th, 2014 in appeals, equity, housing, landlord & tenant, leases, mortgages, news, rent, Supreme Court by sally

‘The North East Property Buyers litigation test cases finally reached the Supreme Court and judgment was handed down on 22nd October 2014. Any practitioner in property and housing litigation in the North East, and indeed further afield, will have had some knowledge of, or dealings with, schemes such as were in these cases examined. They concerned sale and lease back agreements, a simple enough notion, involving the purchase of a vendor’s home by a nominee, often at an undervalue, in return granting the vendor a lease of the property, thereby releasing equity to the vendor and allowing them to remain in the property at a reduced rent.’

Full story (PDF)

Zenith Chambers, 24th October 2014

Source: www.zenithchambers.co.uk

Conor Gearty: On Fantasy Island: British politics, English judges and the European Convention on Human Rights – UK Constitutional Law Association

Posted November 17th, 2014 in constitutional law, human rights, judges, judiciary, news, parliament, rule of law, Supreme Court by sally

‘My first encounter with the fantasies that underpin English public law came in the 1980s. I had just starting teaching constitutional law and was taking my first year students through Dicey: the independent rule of law; the availability of remedies to all, without fear or favour; the common law’s marvellous protection of civil liberties; how great we were, how terrible the continent; and all the rest of it. Outside the classroom, striking miners were being routinely beaten up by the police, their picketing disrupted by road blocks, their liberty eroded by mass bail conditions. The Campaign for Nuclear Disarmament was having its marches banned and its protests inhibited by ‘no-go’ areas arbitrarily erected by the police around American bases into which it had been decided to move a new generation of nuclear weapons. Some of my students were even beaten up themselves, on a march against education cuts in London – much to their surprise given what I was teaching them.’

Full story

UK Constitutional Law Association, 13th November 2014

Source: www.ukconstitutionallaw.org

Daily Mail faces £3m bill after libel battle with businessman Andy Miller – The Guardian

Posted November 17th, 2014 in appeals, costs, damages, defamation, media, news, police, Supreme Court by sally

‘The Daily Mail faces a potential legal bill that could be as high as £3m, believed to be among the highest since controversial no-win, no-fee agreements were introduced, after libelling a businessman.’

Full story

The Guardian, 14th November 2014

Source: www.guardian.co.uk

Government may weigh rights against national security without courts’ interference – UK Human Rights Blog

Posted November 14th, 2014 in appeals, freedom of expression, human rights, international relations, Iran, news, Supreme Court, terrorism by sally

‘R (on the application of Lord Carlile of Berriew QC and others) (Appellants) v Secretary of State for the Home Department (Respondent) [2014] UKSC 60. The exclusion of a dissident Iranian from the UK, on grounds that her presence would have a damaging impact on our interests in relation to Iran, has been upheld by the Supreme Court.’

Full story

Uk Human Rights Blog, 12th November 2014

Source: www.ukhumanrightsblog.com

Supreme Court backs existing test for calculating ‘equitable compensation’ – OUT-LAW.com

Posted November 13th, 2014 in compensation, mortgages, news, Supreme Court by sally

‘Lenders can only be compensated for actual losses that stem from a breach of trust in commercial transactions, the Supreme Court has confirmed.’

Full story

OUT-LAW.com, 11th November 2014

Source: www.out-law.com

Regina (Lord Carlile of Berriew and others) v Secretary of State for the Home Department – WLR Daily

Posted November 13th, 2014 in appeals, freedom of expression, human rights, law reports, parliament, Supreme Court, visas by sally

Regina (Lord Carlile of Berriew and others) v Secretary of State for the Home Department: [2014] UKSC 60; [2014] WLR (D) 479

‘The Home Secretary’s decision to maintain an order excluding the entry into the United Kingdom of a dissident Iranian politician, invited by members of the Houses of Parliament to meet them in London to discuss human rights and democratic issues in Iran, was not a disproportionate interference with their right to freedom of expression under article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms: the Home Secretary was entitled to accept the recommendation of the Foreign Secretary that to permit such entry would risk jeopardising the United Kingdom’s diplomatic and economic interests and might provoke a violent reaction in Iran resulting in damage to British property and endangering the safety of British and local personnel.’

WLR Daily, 12th November 2014

Source: www.iclr.co.uk

PricewaterhouseCoopers v Saad Investments Co Ltd – WLR Daily

Posted November 12th, 2014 in foreign jurisdictions, insolvency, law reports, Supreme Court, winding up by sally

PricewaterhouseCoopers v Saad Investments Co Ltd: [2014] UKPC 35; [2014] WLR (D) 475

‘A court would not normally entertain submissions from strangers to a winding up to the effect that a winding up order should not have been made, but general rule should not be elevated into an immutable principle, applicable in every case irrespective of its facts.’

WLR Daily, 10th November 2014

Source: www.iclr.co.uk

Singularis Holdings Ltd v PricewaterhouseCoopers – WLR Daily

Posted November 12th, 2014 in evidence, foreign jurisdictions, insolvency, law reports, Supreme Court, winding up by sally

Singularis Holdings Ltd v PricewaterhouseCoopers: [2014] UKPC 36; [2014] WLR (D) 476

‘There was a power at common law to assist a foreign court of insolvency jurisdiction by ordering the production of information in oral or documentary form which was necessary for the administration of a foreign winding up. However, that power was not exercisable where an equivalent order could not have been made by the court in which the foreign liquidation was proceeding.’

WLR Daily, 20th November 2014

Source: www.iclr.co.uk

Supreme Court backs law firm in breach of trust dispute – Legal Futures

Posted November 6th, 2014 in appeals, breach of trust, damages, law firms, news, Supreme Court by sally

‘The Supreme Court has backed a law firm’s arguments that, following a breach of trust, it should have to pay in damages only the amount which the lender involved would have lost if the breach had not occurred.’

Full story

Legal Futures, 6th November 2014

Source: www.legalfutures.co.uk