Category: Supreme Court

The issue of assisted suicide – are changes on the horizon? – Halsbury’s Law Exchange

Posted July 7th, 2014 in appeals, assisted suicide, disabled persons, doctors, human rights, judicial review, news, suicide, Supreme Court by sally

‘The Supreme Court considered two appeals together, concerning three appellants who had suffered from permanent and catastrophic physical disabilities and wished to die at the time of their choosing. However, they were not physically capable of ending their own life unaided. The court considered, among other things, whether the Suicide Act 1961, s 2 infringed the appellants’ rights under the European Convention on Human Rights, art 8 (ECHR).’

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Halsbury’s Law Exchange, 7th July 2014

Source: www.halsburyslawexchange.co.uk

Henderson v Foxworth Investments Ltd and another – WLR Daily

Posted July 4th, 2014 in appeals, law reports, Scotland, Supreme Court by sally

Henderson v Foxworth Investments Ltd and another: [2014] UKSC 41 ; [2014] WLR (D) 290

‘In the absence of some other identifiable error, an appellate court would interfere with a trial judge’s factual findings only if it were satisfied that his decision was “plainly wrong” in the sense that it could not reasonably be explained or justified.’

WLR Daily, 2nd July 2014

Source: www.iclr.co.uk

R (on the application of Whiston) (Appellant) v Secretary of State for Justice (Respondent) – Supreme Court

Posted July 3rd, 2014 in appeals, human rights, law reports, release on licence, Supreme Court by sally

R (on the application of Whiston) (Appellant) v Secretary of State for Justice (Respondent) [2014] UKSC 39 (YouTube)

Supreme Court, 2nd July 2014

Source: www.youtube.com/user/UKSupremeCourt

Henderson (Respondent) v Foxworth Investments Limited and another (Appellants) – Supreme Court

Posted July 3rd, 2014 in appeals, hotels, insolvency, law reports, liquidators, Scotland, Supreme Court by sally

Henderson (Respondent) v Foxworth Investments Limited and another (Appellants) [2014] UKSC 41 (YouTube)

Supreme Court, 2nd July 2014

Source: www.youtube.com/user/UKSupremeCourt

The Manchester Ship Canal Company Ltd and another (Respondents) v United Utilities Water Plc (Appellant) – Supreme Court

Posted July 3rd, 2014 in appeals, canals, law reports, sewerage, Supreme Court, trespass, water companies by sally

The Manchester Ship Canal Company Ltd and another (Respondents) v United Utilities Water Plc (Appellant) [2014] UKSC 40 (YouTube)

Supreme Court, 2nd July 2014

Source: www.youtube.com/user/UKSupremeCourt

Supreme Court is supreme, says Neuberger – Law Society’s Gazette

Posted June 27th, 2014 in constitutional law, human rights, news, select committees, Supreme Court by sally

‘No legislative change is needed to enable the Supreme Court to deviate from rulings of the European Court of Human Rights, the Supreme Court’s president told peers today.’

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Law Society’s Gazette, 25th June 2014

Source: www.lawgazette.co.uk

UK Supreme Court: forcing disclosure of minor or spent convictions not “necessary or proportionate” – OUT-LAW.com

Posted June 26th, 2014 in appeals, criminal records, disclosure, employment, human rights, news, privacy, proportionality, Supreme Court, vetting by sally

‘Requiring applicants for those jobs which require enhanced criminal record checks to disclose all spent convictions no matter how historic or minor is an unnecessary and disproportionate interference with their human rights, the UK’s Supreme Court has ruled.’

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OUT-LAW.com, 25th June 2014

Source: www.out-law.com

Supreme Court rejects right to die appeals – UK Human Rights Blog

Posted June 26th, 2014 in appeals, assisted suicide, human rights, news, Supreme Court by sally

‘The Supreme Court has declined to uphold a right to die a dignified death. However, a glimmer is is to be found in this judgment in that two out of the seven justices who concluded that it was for the United Kingdom to decide whether the current law on assisted suicide was incompatible with the right to privacy and dignity under Article 8, would have granted such a declaration in these proceedings., particularly where the means of death was one that could have been autonomously operated by the disabled appellant, leaving no doubt as to the voluntary and rational nature of his decision.’

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UK Human Rights Blog, 25th June 2014

Source: www.ukhumanrightsblog.com

Campaigners lose ‘right to die’ case – BBC News

Posted June 25th, 2014 in assisted suicide, disabled persons, human rights, news, prosecutions, Supreme Court by sally

‘Campaigners have lost their appeal at the UK’s highest court over the right to die.’

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BBC News, 25th June 2014

Source: www.bbc.co.uk

Right-to-die Supreme Court judgement due – BBC News

Posted June 25th, 2014 in assisted suicide, disabled persons, human rights, news, prosecutions, Supreme Court by sally

‘The UK’s highest court will give its judgement later on the cases of two severely disabled men who want others to be able to help them die.’

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BBC News, 25th June 2014

Source: www.bbc.co.uk

Regina (T) v Chief Constable of Greater Manchester Police and others (Liberty and others intervening); Regina (B) v Secretary of State for the Home Department and another (Same intervening) – WLR Daily

Posted June 24th, 2014 in appeals, cautions, criminal records, disclosure, employment, human rights, law reports, police, privacy, Supreme Court, ultra vires by sally

Regina (T) v Chief Constable of Greater Manchester Police and others (Liberty and others intervening); Regina (B) v Secretary of State for the Home Department and another (Same intervening) [2014] UKSC 35; [2014] WLR (D) 271

‘The provisions in Part V of the Police Act for the automatic release of a person’s convictions, cautions and warnings— regardless of their relevance or the length of time that had elapsed— when that person was required, by reason of articles 3 or 4 of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, to obtain and disclose an enhanced criminal record certificate for the purpose of obtaining employment or some other position which involved working with children or other vulnerable groups of persons, did not meet the requirement of legality for the purposes of article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and so was incompatible with the person’s right to respect for their private life guaranteed by that article. Moreover, the provisions contravened article 8 in that they were not “necessary in a democratic society”, as required by article 8.2.’

WLR Daily, 18th June 2014

Source: www.iclr.co.uk

Regina v Ahmad and another; Regina v Fields and others – WLR Daily

Posted June 20th, 2014 in appeals, apportionment, assets recovery, confiscation, conspiracy, fraud, joint enterprise, law reports, proceeds of crime, sentencing, Supreme Court, VAT by sally

Regina v Ahmad and another: Regina v Fields and others: [2014] UKSC 36; [2014] WLR (D) 264

‘Where the court, in confiscation proceedings, found that the benefit of the relevant criminal conduct had been jointly obtained, each defendant was liable for the whole of the amount of the benefit and no apportionment was to be made between the co-defendants. However, to avoid double recovery by the state, where there was finding of joint obtaining, so that the confiscation order in respect of each defendant was made for the value of the whole benefit, the order would contain the condition that it would not to be enforced to the extent that a sum had been recovered by way of satisfaction of another confiscation order made in relation to the same joint benefit.’

WLR Daily, 18th June 2014

Source: www.iclr.co.uk

Regina (Nunn) v Chief Constable of Suffolk Constabulary – WLR Daily

Posted June 20th, 2014 in appeals, disclosure, evidence, forensic science, law reports, murder, Supreme Court by sally

Regina (Nunn) v Chief Constable of Suffolk Constabulary: [2014] UKSC 37; [2014] WLR (D) 265

‘Where, after a defendant’s trial had ended in his conviction, material came to light which might cast doubt on the safety of the conviction, the prosecutors’ duty of disclosure required him to disclose that material to the defendant, unless there were good reason not to do so, and, where there was a real prospect that further inquiry might reveal such material, to make that inquiry. There was, however, no indefinitely continuing duty on police or prosecutors to respond to whatever inquiries the defendant might make for access to case materials to allow re-investigation.’

WLR Daily, 18th June 2014

Source: www.iclr.co.uk

Criminal records scheme incompatible with Convention rights – Supreme Court judgment – Panopticon

Posted June 19th, 2014 in appeals, cautions, criminal records, human rights, news, privacy, Supreme Court, vetting by sally

‘As readers of this blog will know, the application of the Government’s criminal records scheme has been subject to extensive litigation of late (see further not least my post on an appeal involving a teacher and my post on an appeal involving a taxi-driver). Perhaps most importantly, in the case of T & Anor v Secretary of State for the Home Department, questions have been raised about whether the scheme as a whole is compatible with Convention rights and, in particular, the Article 8 right to privacy. Last year, the Court of Appeal concluded that the scheme was incompatible. In a judgment given yesterday, the majority of the Supreme Court has agreed with that conclusion (Lord Wilson dissenting).’

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Panopticon, 19th June 2014

Source: www.panopticonblog.com

Old and minor convictions and cautions need not be disclosed – Supreme Court – UK Human Rights Blog

Posted June 19th, 2014 in cautions, criminal records, disclosure, employment, human rights, news, Supreme Court by sally

‘The Supreme Court has unanimously declared that government rules regarding the disclosure of spent convictions are unlawful and incompatible with Article 8 of the Convention.’

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UK Human Rights Blog, 18th June 2014

Source: www.ukhumanrightsblog.com

Supreme Court rejects Kevin Nunn’s evidence release plea – BBC News

Posted June 18th, 2014 in appeals, disclosure, evidence, forensic science, murder, news, Supreme Court by sally

‘A man serving life in prison for murdering his ex-girlfriend has lost his fight to have forensic exhibits retested.’

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BBC News, 18th June 2014

Source: www.bbc.co.uk

R (Appellant) v Ahmad and another (Respndents); R (Respondent) v Fields and others (Appellants) – Supreme Court

Posted June 18th, 2014 in appeals, assets recovery, confiscation, conspiracy, fraud, joint enterprise, law reports, proceeds of crime, sentencing, Supreme Court, VAT by sally

R (Appellant) v Ahmad and another (Respndents); R (Respondent) v Fields and others (Appellants) [2014] UKSC 36 (YouTube)

Supreme Court, 18th June 2014

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of Nunn) (Appellant) v Chief Constable of Suffolk Constabulary and another (Respondents) – Supreme Court

Posted June 18th, 2014 in appeals, disclosure, evidence, forensic science, judicial review, law reports, murder, Supreme Court by sally

R (on the application of Nunn) (Appellant) v Chief Constable of Suffolk Constabulary and another (Respondents) [2014] UKSC 37 (YouTube)

Supreme Court, 18th June 2014

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of T and another) (Respondents) v Secretary of State for the Home Department and another (Appellants) – Supreme Court

Posted June 18th, 2014 in appeals, criminal records, disclosure, employment, human rights, law reports, privacy, Supreme Court, ultra vires by sally

R (on the application of T and another) (Respondents) v Secretary of State for the Home Department and another (Appellants) [2014] UKSC 35 (YouTube)

Supreme Court, 18th June 2014

Source: www.youtube.com/user/UKSupremeCourt

Kevin Nunn: Judges to rule over fresh forensic tests eight years after murder conviction – The Independent

Posted June 18th, 2014 in appeals, disclosure, evidence, forensic science, murder, news, Supreme Court by sally

‘A salesman serving life in prison for murdering his former girlfriend will today find out the result of his Supreme Court fight to have key forensic exhibits retested.’

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The Independent, 18th June 2014

Source: www.independent.co.uk