Supreme Court – Page 91 – Current Awareness

Regina (Kaiyam) v Secretary of State for Justice; Regina (Haney) v Same – WLR Daily

Posted December 11th, 2013 in appeals, delay, human rights, judicial review, jurisdiction, law reports, prisons, sentencing, Supreme Court by sally

Regina (Kaiyam) v Secretary of State for Justice; Regina (Haney) v Same [2013] EWCA Civ 1587; [2013] WLR (D) 480

‘Where, in a case involving alleged breaches of rights under the Convention for the Protection of Human Rights and Fundamental Freedoms, the Court of Appeal was faced with a conflict between decisions of the House of Lords and the European Court of Human Rights, the court could in appropriate circumstances dismiss the appeal and grant permission to appeal to the Supreme Court to resolve the conflict between the domestic law and that of the European Court, without hearing argument or expressing its views on the case.’

WLR Daily, 9th December 2013

Source: www.iclr.co.uk

Supreme Court to rule on whether couple can marry at Scientologist chapel – Local Government Lawyer

Posted December 11th, 2013 in appeals, marriage, news, Supreme Court by sally

‘The Supreme Court is expected to rule tomorrow (11 December) on whether a couple can marry at a scientologist chapel.’

Full story

Local Government Lawyer, 10th December 2013

Source: www.localgovernmentlawyer.co.uk

Gay discrimination and Christian belief: Analysis of Bull v. Hall in the Supreme Court – UK Human Rights Blog

Posted December 11th, 2013 in appeals, Christianity, civil partnerships, EC law, equality, homosexuality, hotels, human rights, marriage, news, religious discrimination, sexual orientation discrimination, Supreme Court by sally

‘The recent confirmation by the Supreme Court that it was unlawful discrimination for Christian hotel owners to refuse a double-bedded room to a same-sex couple was of considerable interest as the latest in a string of high-profile cases involving religious belief and discrimination on the basis of sexual orientation (and the first such judgment involving the highest court in the land). We have already provided a summary of the facts and judgment here, and our post on the Court of Appeal ruling can be found here.’

Full story

UK Human Rights Blog, 11th December 2013

Source: www.ukhumanrightsblog.com

In re Corey – WLR Daily

Posted December 10th, 2013 in appeals, bail, jurisdiction, law reports, Northern Ireland, release on licence, Supreme Court by sally

In re Corey [2013] UKSC 76; [2013] WLR (D) 479

‘A High Court judge in Northern Ireland, having found that a review by parole commissioners of a life sentence prisoner’s recall to prison from his release on licence had been conducted unfairly and in breach of article 4.5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, was not entitled to exercise the court’s inherent jurisdiction so as to order the prisoner’s release on bail pending a re-hearing of the review.’

WLR Daily, 4th December 2013

Source: www.iclr.co.uk

Judges to rule on ‘right to die’ – Daily Telegraph

Posted December 9th, 2013 in appeals, assisted suicide, bills, human rights, judiciary, news, Supreme Court by sally

‘A panel of Britain’s most senior judges are preparing to make a landmark ruling over attempts to introduce a ”right to die” under human rights legislation.’

Full story

Daily Telegraph, 8th December 2013

Source: www.telegraph.co.uk

In the matter of an application by Martin Corey (AP) for Judicial Review (Northern Ireland) – Supreme Court

Posted December 5th, 2013 in appeals, bail, judicial review, jurisdiction, law reports, Northern Ireland, release on licence, Supreme Court by sally

In the matter of an application by Martin Corey (AP) for Judicial Review (Northern Ireland) [2013] UKSC 76 | UKSC 2012/0217 (YouTube)

Supreme Court, 4th December 2013

Source: www.youtube.com/user/UKSupremeCourt

In the matter of KL (A Child) – Supreme Court

Posted December 5th, 2013 in appeals, child abduction, children, foreign jurisdictions, law reports, Supreme Court, treaties by sally

In the matter of KL (A Child) [2013] UKSC 75 | UKSC 2013/0212 (YouTube)

Supreme Court, 4th December 2013

Source: www.youtube.com/user/UKSupremeCourt

Dispute over ‘botched’ £70,000 family will signed by the wrong spouses reaches Supreme Court – The Independent

Posted December 4th, 2013 in mistake, news, rectification, Supreme Court, wills by sally

‘A bitter dispute between three “brothers” over who should gain a £70,000 inheritance after a couple mistakenly signed each other’s wills was brought before the Supreme Court today.’

Full story

The Independent, 3rd December 2013

Source: www.independent.co.uk

Senior judge: European court of human rights undermining democratic process – The Guardian

Posted December 4th, 2013 in detention, elections, human rights, interpretation, judges, judiciary, jurisdiction, news, Northern Ireland, prisons, Supreme Court by sally

‘The European court of human rights exceeds its legitimate powers, usurps the role of politicians and “undermines the democratic process”, one of the UK’s most senior judges has warned.’

Full story

The Guardian, 28th November 2013

Source: www.guardian.co.uk

Zoumbas v Secretary of State for the Home Department – WLR Daily

Posted November 29th, 2013 in appeals, asylum, children, human rights, immigration, law reports, Scotland, Supreme Court by sally

Zoumbas v Secretary of State for the Home Department [2013] UKSC 74; [2013] WLR (D) 458

“The fact that the children of failed asylum seekers were not British citizens, and therefore had no right to education and health care in the United Kingdom, was relevant when assessing whether it was reasonable to expect them to live in another country if their parents were removed from the United Kingdom.”

WLR Daily, 27th November 2013

Source: www.iclr.co.uk

Zoumbas (Appellant) v Secretary of State for the Home Department – Supreme Court

Posted November 29th, 2013 in appeals, asylum, children, human rights, immigration, law reports, Scotland, Supreme Court by sally

Zoumbas (Appellant) v Secretary of State for the Home Department [2013] UKSC 74 | UKSC 2013/0100 (YouTube)

Supreme Court, 27th November 2013

Source: www.youtube.com/user/UKSupremeCourt

Bull and another (Appellants) v Hall and another (Respondents) On Appeal from the Court of Appeal (Civil Division) (England and Wales) – Supreme Court

Posted November 29th, 2013 in appeals, Christianity, homosexuality, hotels, human rights, law reports, sexual orientation discrimination, Supreme Court by sally

Bull and another (Appellants) v Hall and another (Respondents) [2013] UKSC 73 | UKSC 2012/0065 (YouTube)

Supreme Court, 27th November 2013

Source: www.youtube.com/user/UKSupremeCourt

Preddy v Bull and another; Hall v Same – WLR Daily

Posted November 28th, 2013 in appeals, hotels, human rights, law reports, sexual orientation discrimination, Supreme Court by sally

Preddy v Bull and another; Hall v Same: [2013] UKSC 73; [2013] WLR (D) 454

‘The refusal of hoteliers, who believed that sex outside marriage was sinful, to provide a same sex couple who were in a civil partnership with a double-bedded room because they were not married constituted unlawful discrimination on grounds of sexual orientation. The limitation on the hoteliers’ right to manifest their religion was justified as a proportionate means of achieving the legitimate aim of protecting the rights and freedoms of others.’

WLR Daily, 27th November 2013

Source: www.iclr.co.uk

Gay snub Cornish B&B owners lose Supreme Court appeal – BBC News

Posted November 27th, 2013 in appeals, Christianity, damages, homosexuality, hotels, news, sexual orientation discrimination, Supreme Court by sally

‘The owners of a Christian guesthouse who were ordered to pay damages for turning away a gay couple have lost their UK Supreme Court fight.”

Full story

BBC News, 27th November 2013

Source: www.bbc.co.uk

Patel and others v Secretary of State for the Home Department; Anwar v Same; Alam v Same – WLR Daily

Posted November 26th, 2013 in appeals, human rights, immigration, law reports, Supreme Court, tribunals by sally

Patel and others v Secretary of State for the Home Department; Anwar v Same; Alam v Same: [2013] UKSC 72; [2013] WLR (D) 450

‘The Home Secretary was not under a duty to issue a direction for removal from the United Kingdom at the same time as refusing an application for an extension of limited leave to remain in the United Kingdom. A tribunal hearing an immigration appeal against a refusal of further leave to remain in the United Kingdom may consider additional grounds which had not been raised before the Home Secretary before the decision under appeal had been made but which had subsequently been raised in response to a one stop notice.’

WLR Daily, 20th November 2013

Source: www.iclr.co.uk

Ministry of Justice, Republic of Lithuania v Bucnys (Antonov intervening); Sakalis v Ministry of Justice, Republic of Lithuania (Same intervening); Lavrov v Ministry of Justice, Estonia (Same intervening) – WLR Daily

Posted November 22nd, 2013 in appeals, EC law, extradition, government departments, law reports, Supreme Court, warrants by sally

Ministry of Justice, Republic of Lithuania v Bucnys (Antonov intervening); Sakalis v Ministry of Justice, Republic of Lithuania (Same intervening); Lavrov v Ministry of Justice, Estonia (Same intervening): [2013] UKSC 71; [2013] WLR (D) 446

‘A European arrest warrant issued by a government ministry in respect of a convicted person with a view to his or her arrest and extradition could be regarded as issued by a judicial authority for the purposes of Council Framework Decision 2002/584/JHA— and Part 1 of the Extradition Act 2003 which gave effect to it in the United Kingdom— if the ministry had only issued the warrant at the request of and by way of endorsement of a decision that the issue of such a warrant was appropriate made by the court responsible for the sentence or some other person or body properly regarded as a judicial authority responsible for its execution. A ministry which had power to issue an European arrest warrant of its own motion and had done so, or which had issued a warrant at the request of a non-judicial authority, including an executive agency such as a prison department, could not be regarded as a judicial authority for those purposes.’

WLR Daily, 20th November 2013

Source: www.iclr.co.uk