Category: Supreme Court
Supreme Court refers air pollution case to the EU Court – UK Human Rights Blog
“The Supreme Court has taken the UK’s lack of compliance with EU legislation, Directive 2008/50 (limiting the amount of nitrogen dioxide in air) much more seriously than the courts below. It has made a declaration that the UK is in breach and has referred questions of interpretation concerning the Directive and remedies to the CJEU.”
UK Human Rights Blog, 1st May 2013
Source: www.ukhumanrightsblog.com
Supreme court upholds payouts to prisoners over delayed parole hearings – The Guardian
“The UK supreme court has cut the compensation awarded to a life-sentence prisoner whose original release was delayed from £10,000 to £6,500, in a ruling that will nonetheless lead to payouts for scores of convicted murderers, rapists and other violent prisoners.”
The Guardian, 1st May 2013
Source: www.guardian.co.uk
Barts and the London NHS Trust (Respondent) v Verma (Appellant) – Supreme Court
Barts and the London NHS Trust (Respondent) v Verma (Appellant) [2013] UKSC 20 | UKSC 2011/0246 (YouTube)
Supreme Court, 24th April 2013
Salvesen and Riddell and another (Respondents) v. The Lord Advocate (Appellant) (Scotland) – Supreme Court
Supreme Court, 24th April 2013
Uprichard (Appellant) v Scottish Ministers and another – Supreme Court
Uprichard (Appellant) v Scottish Ministers and another [2013] UKSC 21 | UKSC 2012/0034 (YouTube)
Supreme Court, 24th April 2013
Supreme Court find A1P1 breach in retrospective legislation – UK Human Rights Blog
“When can an agricultural landlord turf out his tenant farmer? The answer to this question has ebbed and flowed since the Second World War, but one element of the latest attempt by the Scottish Parliament to redress the balance in favour of tenants has just been declared incompatible with Article 1 of the 1st Protocol (A1P1) as offending landlords’ rights to property. The Supreme Court has so ruled, upholding the Second Division of the Court of Session’s ruling in March 2012.”
UK Human Rights Blog, 24th April 2013
Source: www.ukhumanrightsblog.com
Abu Qatada: court rejects government’s appeal bid – The Guardian
“Theresa May’s legal battle to deport the radical Islamist preacher Abu Qatada has suffered a further setback with the court of appeal turning down her attempt to take the case to the supreme court.”
The Guardian, 23rd April 2013
Source: www.guardian.co.uk
Daejan Investment Limited v Benson et al [2013] UKSC 14 – Zenith Chambers
“This important case deals with the approach a leasehold valuation tribunal (LVT) should take in relation to applications for dispensation from complying with the consultation requirements.”
Full story (PDF)
Zenith Chambers, 23rd April 2013
Source: www.zenithchambers.co.uk
Regina (Jones) v First-tier Tribunal (Social Entitlement Chamber) – WLR Daily
“Where a tribunal found that a person who had committed suicide had been reckless as to whether his action would also cause injury to some other person, and it had in fact done so an offence of inflicting grievous bodily harm contrary to section 20 of the Offences against the Person Act 1861 had been committed which was a ‘crime of violence’ entitling that other person to claim under the Criminal Injuries Compensation Scheme. However, the question as to what the offender had actually foreseen was for the First-tier Tribunal to answer, not an appellate court, which should not readily intervene in issues best left for determination by specialist appellate tribunals by classifying them as issues of law.”
WLR Daily, 17th April 2013
Source: www.iclr.co.uk
Children: Public Law Update (April 2013) – Family Law Week
“John Tughan, barrister of 4 Paper Buildings, examines two important recent judgments: the Supreme Court’s decision in J (Children) and the Court of Appeal’s in M (A Child).”
Family Law Week, 18th April 2013
Source: www.familylawweek.co.uk
M25 suicide case demonstrates limits of court of appeal – The Guardian
“Supreme court’s backing of initial tribunal reaffirms principle that suicidal people may not realise full effects of their actions.”
The Guardian, 18th April 2013
Source: www.guardian.co.uk
Jones (by Caldwell) (Respondent) v First Tier Tribunal (Respondent) and Criminal Injuries Compensation Authority (Appellant) – Supreme Court
Supreme Court, 17th April 2013
Public Relations Consultants Association Limited (Appellant) v The Newspaper Licensing Agency Limited and others (Respondents) – Supreme Court
Supreme Court, 17th April 2013
Supreme court rules web browsing does not infringe newspapers’ copyright – The Guardian
“The UK supreme court has ruled that readers who open articles via a website link are not breaking the law, overturning the high court’s ruling that browsing was a breach of newspaper owners’ copyright.”
The Guardian, 17th April 2013
Source: www.guardian.co.uk
Unauthorised browsing of copyrighted material online is legitimate, says UK Supreme Court – OUT-LAW.com
“The UK Supreme Court has asked the EU’s highest court to rule on whether the temporary copies that computers make to allow material to be read online breach copyright laws.”
OUT-LAW.com, 17th April 2013
Source: www.out-law.com
Abu Qatada: Home Office seeks Supreme Court appeal permission – BBC News
“The government has asked for permission to appeal to the Supreme Court against a ruling preventing the deportation of radical Islamic cleric Abu Qatada.”
BBC News, 17th April 2013
Source: www.bbc.co.uk
“More open, more transparent, and more powerful”: communications at the Supreme Court – UK Human Rights Blog
“Max Hastings greeted the new Supreme Court with the prediction that it was a ‘constitutional disaster in the making.’ For Hastings this was Blair’s Court, Blair’s legacy; its creation just one more example of Labour’s wrecking of ancient British institutions. Of course, there was also positive coverage in the early days in papers like the Guardian and Times, but ideally the Court needed to get its own message about itself. How has it gone about doing this? And what has it been saying? What challenges has it faced in its first three years?”
UK Human Rights Blog, 8th April 2013
Source: www.ukhumanrightsblog.com
One into Two will go – but only if it’s done reasonably and proportionately – Zenith Chambers
“The Supreme Court has allowed Camden’s appeal from the Court of Appeal ([2011] EWCA Civ 463) on the issue that two separate flats on the same floor of a hostel building could be considered as ‘accommodation available for occupation’ for the applicant, her school-age sister, and her father, who was in ill-health and needed his daughter to care for him.”
Full story (PDF)
Zenith Chambers, 28th March 2013
Source: www.zenithchambers.co.uk
Hayes v Willoughby – WLR Daily
Hayes v Willoughby [2013] UKSC 17; [2013] WLR (D) 110
Where a person whose conduct would amount to harrassment of another within section 1(1) of the Protection from Harassment Act 1997 sought to rely on the defence under section 1(3)(a) of the Act of having acted for the purpose of preventing or detecting crime, he had to show that he had thought rationally about the material suggesting the possibility of criminality and had formed the view that the conduct said to constitute harassment was appropriate for the purpose of preventing or detecting it.
WLR Daily, 20th March 2013
Source: www.iclr.co.uk
