Bank Mellat (Appellant) v Her Majesty’s Treasury (Respondent) (1); Bank Mellat (Appellant) v Her Majesty’s Treasury (Respondent) (2) – Supreme Court
Supreme Court, 19th June 2013
Category: Supreme Court
Smith and others v Ministry of Defence (JUSTICE and another intervening); Ellis and another v Same; Allbutt and others v Same – WLR Daily
“Members of the United Kingdom’s armed forces serving in Iraq were within the jurisdiction of the United Kingdom for the purposes of article 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Whether claims alleging breaches of the right to life protected by article 2 could be sustained would depend on the particular circumstances.”
WLR Daily, 19th June 2013
Source: www.iclr.co.uk
Supreme court MoD ruling ‘will have huge impact on military operations’ – The Guardian
“The supreme court ruling that the Ministry of Defence can be sued for negligence, that the scope of the Human Rights Act should be extended and the traditional doctrine of combat immunity should be interpreted narrowly, will have a huge impact on military commanders, senior officials made clear on Wednesday.”
The Guardian, 19th June 2013
Source: www.guardian.co.uk
Prest v Petrodel Resources Limited 2013 UKSC 34 a victory for common sense – article by Elizabeth Darlington – Zenith Chambers
“In summary, the Supreme Court (comprising Lords Neuberger, Walker, Mance, Clarke, Wilson, Sumption and Lady Hale) has unanimously upheld the wife’s appeal and found that the Respondent group of companies held the assets on trust for the Husband. The assets therefore constitute property to which the husband is ‘entitled, either in possession or reversion’ for the purposes of section 24(1)(a) MCA.”
Zenith Chambers, 12th June 2013
Source: www.zenithchambers.co.uk
The Supreme Court grasps the nettle in Prest v Petrodel Resources Ltd – 11 Stone Buildings
“On 12th June 2013, the Supreme Court delivered judgment in the eagerly anticipated appeal in Prest v Petrodel Resources Limited [2013] UKSC 34. For the second time this year, the Supreme Court has had to grapple with the circumstances in which it is appropriate to pierce the corporate veil, the previous decision being that of VTB Capital plc v Nutritek International Corp [2013] 2 WLR 398 (a case in which a number of 11 SB members were involved). Unlike in VTB Capital, however, this time the Supreme Court grasped the nettle and gave some practical guidance as to the reach and limitations of the doctrine.”
Full story (PDF)
11 Stone Buildings, June 2013
Source: www.11sb.com
AES Ust-Kamenogorsk Hydropower Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC – WLR Daily
“The English court had a long-standing and well-established jurisdiction to grant an injunction restraining the commencement or continuation of foreign proceedings brought in breach of an arbitration clause, even when neither party had commenced, nor intended to commence, arbitration proceedings in the agreed forum. The Arbitration Act 1996 did not affect the court’s power under that jurisdiction or under s 37 of the Senior Courts Act 1981.”
WLR Daily, 12th June 2013
Source: www.iclr.co.uk
O’Neill v HM Advocate (No 2); Lauchlanv Same – WLR Daily
O’Neill v HM Advocate (No 2); Lauchlanv Same [2013] UKSC 36; [2013] WLR (D) 231
“The right to a trial within a reasonable time under article 6.1 of the Convention for the Protection of Human Rights and Fundamental Freedoms was a separate right from the right to a fair trial under that article. Consequently the time when a person was ‘charged’ with an offence for the purposes of time starting to run under the reasonable time guarantee might be different from the time when he should have had access to a lawyer for the purposes of ensuring a fair trial under article 6.1 read with article 6.3(c).”
WLR Daily, 13th June 2013
Source: www.iclr.co.uk
Re B (A Child) – Social Engineering or Proportionate Response to Risk of Future Harm? – Family Law Week
“Janet Bazley QC and Eleri Jones of 1 Garden Court consider the Supreme Court’s decision in Re B (A Child) [2013] UKSC 22.”
Family Law Week, 16th June 2013
Source: www.familylawweek.co.uk
English courts can stop parties bringing foreign legal proceedings in breach of arbitration agreements – OUT-LAW.com
“English courts have the power to prevent parties to an arbitration agreement from beginning legal proceedings in foreign courts in breach of that agreement, the Supreme Court has ruled.”
OUT-LAW.com, 13th June 2013
Source: www.out-law.com
In re B (A Child)(Care Proceedings: Threshold Criteria) – WLR Daily
In re B (A Child)(Care Proceedings: Threshold Criteria) [2013] UKSC 33; [2013] WLR (D) 226
“Determinations by the judge that the statutory threshold criteria were crossed for the making of a care order under section 31(2) of the Children Act 1989 and that such an order should be made were evaluative judgments with which the appellate court, exercising a review jurisdiction, should only interfere if it were satisfied that the judgments were wrong.”
WLR Daily, 12th June 2013
Source: www.iclr.co.uk
In the matter of B (a Child) (FC) – Supreme Court
In the matter of B (a Child) (FC) [2013] UKSC 33 | UKSC 2013/0022 (YouTube)
Supreme Court, 12th June 2013
Petrodel Resources Limited and others (Respondents) v Prest (Appellant) – Supreme Court
Supreme Court, 12th June 2013
Supreme court chooses the ‘third way’ in Prest divorce case – The Guardian
“Lord Sumption’s ruling resolves the dilemma of enforcing the law and doing judgment.”
The Guardian, 12th June 2013
Source: www.guardian.co.uk
Supreme court urged to reject challenge to prisoner voting ban – The Guardian
“The attorney general, Dominic Grieve, has urged the supreme court to dismiss legal challenges by two convicted murderers who are seeking the right for prisoners to vote.”
The Guardian, 11th June 2013
Source: www.guardian.co.uk
Prest v Prest: supreme court prepares to rule on landmark divorce wrangle – The Guardian
“Does a one-man company metamorphose into one man simply because the person with a wish to abstract its assets is his wife?”
The Guardian, 10th June 2013
Source: www.guardian.co.uk
Two murderers launch Supreme Court challenge for right to vote in prison – The Independent
“Two convicted murderers have taken their fight for the right to vote while in prison to the UK’s highest court.”
The Independent, 10th June 2013
Source: www.independent.co.uk
Expert: ruling gives ‘very little comfort’ to employers looking to defend compulsory retirement age in partnership case – OUT-LAW.com
“Employers looking to defend or reintroduce a mandatory retirement age will find ‘very little comfort’ in last week’s decision allowing a law firm to force a partner to retire at 65, an expert has said.”
OUT-LAW.com, 4th June 2013
Source: www.out-law.com
Breach of confidence requires infringer having knowledge of breach, rules Supreme Court – OUT-LAW.com
“Former employees of companies that use trade secrets to develop products cannot automatically be found to have acted in breach of confidence if they are involved in rival operations that exploit the protected information, the Supreme Court has ruled.”
OUT-LAW.com, 28th May 2013
Source: www.out-law.com
