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This case raises important issues about the meaning and application in practice of section 115(7) of the Police Act 1997 as to the information that is to be provided by the chief officer of a police force to the Secretary of State for inclusion in an enhanced criminal record certificate (ECRC).
The section in which thi... | The appellant obtained a job as a playground assistant.
In connection with her employment, the police were required to provide her with an enhanced criminal records certificate (ECRC).
They disclosed to the school that she had been accused of neglecting her child and non cooperation with social services, and her employ... |
This case is all about the meaning of the word regularly when describing the attendance of a child at school.
Under section 444(1) of the Education Act 1996, if a child of compulsory school age fails to attend regularly at the school where he is a registered pupil, his parent is guilty of an offence.
There are at least... | Section 444(1) of the Education Act 1996 provides that if a child of compulsory school age fails to attend regularly at the school where he is a registered pupil, his parent is guilty of an offence.
The issue in this appeal is the meaning of regularly.
Regularly has at least three possible meanings in this provision: i... |
When a local planning authority against the advice of its own professional advisers grants permission for a controversial development, what legal duty, if any, does it have to state the reasons for its decision, and in how much detail? Is such a duty to be found in statutory sources, European or domestic, or in the com... | On 13 May 2012 China Gateway International Limited (CGI) submitted an application for planning permission to the local planning authority, Dover District Council (DDC).
It sought permission for a large residential development within an area of outstanding natural beauty (AONB).
The proposal was controversial.
A plannin... |
Extended determinate sentences were imposed on Frank Stott in May 2013, pursuant to section 226A of the Criminal Justice Act 2003 (the 2003 Act) for sexual offences.
This appeal concerns the provisions of section 246A of the 2003 Act which deal with early release from prison of those serving extended determinate senten... | An extended determinate sentence (EDS) is one of the available sentences for an offender who is considered dangerous.
It comprises two elements: an appropriate custodial term and the extension period for which an offender is subject to a licence.
Under section 246A of the Criminal Justice Act 2003, an offender serving ... |
The respondent (VWFS) is a member of the Volkswagen Group, and is used (through its retail sector) to provide hire purchase (HP) finance for the sale of vehicles manufactured by the group.
When a customer of a VW dealership wishes to purchase a vehicle using finance from VWFS, the vehicle is acquired by VWFS as part of... | The respondent is a member of the Volkswagen (VW) Group and is used (through its retail sector) to provide hire purchase (HP) finance for the sale of vehicles manufactured by the group.
When a customer of a VW dealership wishes to purchase a vehicle using finance from the respondent, the vehicle is acquired by the resp... |
This appeal raises three questions.
The first is whether a court, when entertaining a claim for possession by a private sector owner against a residential occupier, should be required to consider the proportionality of evicting the occupier, in the light of section 6 of the Human Rights Act 1998 and article 8 of the Eu... | The appellant, Fiona McDonald, is aged 45 and suffers from a personality disorder.
In May 2005 her parents purchased 25 Broadway Close, Witney (the property), as a home for her, with the assistance of a loan from Capital Home Loans Ltd (CHL), which was secured by way of a registered legal charge over the property.
From... |
In August 2007, the vessel B Atlantic, owned by the appellant, was used by unknown third parties in an unsuccessful attempt to export drugs from Venezuela.
After her consequent detention by the Venezuelan authorities and the expiry of a period of more than six months, the owners treated the vessel as a constructive tot... | In August 2007 B Atlantic (the Vessel), owned by the Appellant, was used by unknown third parties in an unsuccessful attempt to export cocaine from Venezuela by strapping a parcel of drugs to the vessel underwater.
The Vessel was detained by Venezuelan authorities.
After a period of more than six months, the Appellant ... |
When Parliament requires a local authority to consult interested persons before making a decision which would potentially affect all of its inhabitants, what are the ingredients of the requisite consultation? 3.
Until 1 April 2013 there was a scheme in England for the payment of Council Tax Benefit (CTB) for the relief... | Until 1 April 2013 central government operated a Council Tax Benefit (CTB) scheme whereby residents in local authority areas in England were granted relief from paying council tax on a means tested basis, for which the local authorities were reimbursed in full [4].
For the year 2013 2014, reimbursement to each local au... |
The present appeals involve claims by prisoners sentenced to indeterminate prison sentences (life or IPP) that they were not sufficiently progressed during their sentences towards release on or after the expiry of their tariff periods.
The principal issue is what the Supreme Court should now hold the law of the United ... | The appellants received indeterminate prison sentences comprising (a) a fixed tariff period; and (b) an indeterminate post tariff period.
Post tariff detention was to continue until the appellants satisfied the Parole Board that that they were no longer a danger to the public.
The appellants, relying upon the decision ... |
Determining what is the effective date of the termination of a persons employment has fundamental implications for any claim for unfair dismissal.
This case illustrates the substantial penalty that will be paid by an employee who fails to recognise its significance, for the effective date of the termination of employme... | This appeal concerns the question of what is the effective date of termination of a persons employment.
The determination of this date is important for a number of purposes.
These include the marking of the start of the three month period within which proceedings for unfair dismissal may be taken.
In the present case t... |
Indirect taxes have always posed particular problems of enforcement, which account for the wide powers of investigation and seizure conferred by statute on the Commissioners charged with their collection.
The exercise of these powers has given rise to dispute ever since Johnsons Dictionary offered its famous definition... | These appeals concern the question whether customs officers have the power to detain goods which they reasonably suspect may be liable to forfeiture.
In Eastenders, customs officers entered Eastenders premises and inspected consignments of alcoholic goods.
Eastenders' employees were unable to provide documentary eviden... |
The husband and wife (as it will be convenient to describe them notwithstanding the grant of a divorce) entered into a consent order dated 28 July 2010, by which they compromised their claims against each other for financial orders on the basis of a clean break between them.
The wife wished to continue to live with the... | The husband and wife entered into a consent order on 28 July 2010.
Part of the order provided that the husband should transfer to the wife his legal and beneficial interest in the matrimonial home subject to the mortgage so that the wife could continue to live there with the two children of the family.
In return the wi... |
This appeal raises two issues relating to the deportation of foreign criminals as defined in the UK Borders Act 2007.
The first concerns the significance of sections 32 and 33 of that Act in appeals relating to deportation which are based on article 8 of the European Convention on Human Rights.
The second concerns the ... | These proceedings challenge a deportation order made in respect of the appellant, an Iraqi national who has lived unlawfully in the UK since 2000.
He made an asylum claim in 2002, which was rejected, and his subsequent appeal was dismissed.
In November 2005 he was convicted of Class A and C drug possession and was fine... |
The appellant, a British national now 57, is in prison in Bali, Indonesia, awaiting execution by firing squad, following her conviction for drug offences.
That follows her arrest in May 2012 and her subsequent trial on 22 January 2013 in the District Court of Denpasar.
She had admitted the offences, but claimed that sh... | Mrs Sandiford is a 57 year old British national.
She is currently in prison in Bali, Indonesia, awaiting execution by firing squad following her conviction for drug offences.
The issue in this appeal is the legality of the Foreign Secretarys policy of providing consular assistance in such cases, but not funding for leg... |
The right to physical liberty was highly prized and protected by the common law long before the United Kingdom became party to the European Convention on Human Rights (ECHR).
A person who was unlawfully imprisoned could, and can, secure his release through the writ of habeas corpus.
He could, and can, also secure damag... | This appeal is about the law on damages for false imprisonment.
It requires the Supreme Court to consider the meaning of imprisonment at common law and whether this should be aligned with the concept of deprivation of liberty under the European Convention on Human Rights (ECHR).
The claimant (who claims to be a Liberia... |
The object of damages in tort is to put the claimant, as far as possible, back in the position in which she would have been had the tort not been committed.
Money has to compensate, as far as it can, for those injuries that cannot be cured.
For some women, the ability to bear and to rear children is a vital part of the... | The claimant (respondent to this appeal) was born in 1983.
She had cervical smear tests in 2008 and 2012 and cervical biopsies in 2012.
Each of these tests was negligently wrongly reported by the defendant hospital (the appellant).
In 2013, when the errors were detected, her cervical cancer was too far advanced for her... |
A man is convicted of an offence.
Satisfied that he is suffering from mental disorder, the court makes an order for his detention in hospital.
Satisfied that it is necessary for the protection of the public, the court also makes a restriction order, which removes from the hospital the power to discharge him.
In due cou... | The appellant suffers from a personality disorder and chronic paranoid delusional disorder.
He has a history of admission to psychiatric hospitals.
In 2006 he was convicted of arson and burglary.
In the light of his mental disorder, he was made the subject of a hospital order under the Mental Health Act 1983 (the Act),... |
The issue in this appeal is when time starts to run for a claim by a part time judge to a pension under the Part time Workers Directive (Directive 97/81) (PTWD), as applied by the Parttime Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551) (PTWR).
The directive was required to be transpos... | This issue in this appeal is when time starts to run for a claim by a part time judge to a pension under the Part time Workers Directive (Directive 97/81), as applied by the Part time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551) (PTWR).
Regulation 5 of the PTWR provides that a part ... |
This appeal raises the issue as to whether a third country (ie non member state) national (TCN) otherwise benefiting from the derivative right to reside within the territory of the European Union pursuant to the principle in Ruiz Zambrano v Office national de l'emploi (Case C 34/09) EU:C:2011:124; [2012] QB 265 (Zambra... | This appeal concerns the extent to which a non member state national, who is the parent of a dependent European Union (EU) citizen child, is protected against deportation from the territory of the EU pursuant to the principle in Ruiz Zambrano v Office national de l'emploi (Case C 34/09) [2012] QB 265 (the Zambrano prin... |
The Preamble to the Hague Convention on the Civil Aspects of International Child Abduction (the Convention) states that its purpose is to protect children internationally from the harmful effects of their wrongful removal or retention.
But under article 3 the taking or keeping of a child is only wrongful if it is in br... | This appeal concerns the meaning of the words rights of custody in article 3 of the Hague Convention on the Civil Aspects of International Child Abduction (the Convention), and in the Brussels II Revised Regulation (EC) No 2201/2003 (the Regulation) which complements and takes precedence over the Convention between mos... |
Imprisonment for public protection (IPP) is a sentence which condemns a defendant to indeterminate detention.
Section 225(3) of the Criminal Justice Act 2003 (the 2003 Act), as substituted by section 13(1) of the Criminal Justice and Immigration Act 2008, permits a judge to impose a sentence of IPP on a defendant who h... | This appeal concerns the imposition of two types of indeterminate sentences of imprisonment.
The first is a sentence of life imprisonment, under which a prisoner is entitled to be considered by the Parole Board for release on licence once he has served a fixed term of imprisonment specified by the sentencing judge.
The... |
This appeal concerns the compatibility with EU law of regulations 21 and 24 of the Immigration (European Economic Area) Regulations 2006 (SI 2006/1003) (EEA Regulations 2006) and the legality at common law of the appellants administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter unti... | The appellant, an Algerian national, entered the United Kingdom in 1996 and was refused asylum.
He married a French national in 1997.
He was granted a residence permit, and had acquired a right of permanent residence by February 2003.
He had two children with his wife but they were estranged by July 2004 and she return... |
FA is an Iraqi national who was born on 21 October 1991.
He arrived in the United Kingdom on 21 August 2007 when he was 15 years old.
He was not accompanied.
He applied for asylum.
On 9 October 2007 the Secretary of State refused the application.
The evidence that FA had supplied in support of his claim was deemed not ... | This appeal concerns the relationship between two rights which enable non nationals to remain in the United Kingdom: humanitarian protection, which derives from European law, and asylum, which derives from a combination of domestic law, European law, and international law.
The issue in the appeal is whether, because a ... |
On 2 December 2010 the Swedish Prosecution Authority (the Prosecutor), who is the respondent to this appeal, issued a European Arrest Warrant (EAW) signed by Marianne Ny, a prosecutor, requesting the arrest and surrender of Mr Assange, the appellant.
Mr Assange was, at the time, in England, as he still is.
The offences... | The appellant, Mr Assange, is the subject of a request for extradition by the Swedish Prosecuting Authority for the purposes of an investigation into alleged offences of sexual molestation and rape.
Mr Assange is in England.
A domestic detention order was made by the Stockholm District Court in Mr Assanges absence, and... |
Modern litigation rarely raises truly fundamental issues in the law of contract.
This appeal is exceptional.
It raises two of them.
The first is whether a contractual term prescribing that an agreement may not be amended save in writing signed on behalf of the parties (commonly called a No Oral Modification clause) is ... | MWB Business Exchanges Centres Ltd (MWB) operates offices in London.
Rock Advertising (Rock) entered into a licence agreement with MWB to occupy office space for a fixed term of 12 months.
Clause 7.6 of the agreement provided: This Licence sets out all the terms as agreed between MWB and [Rock].
No other representation... |
These appeals concern the statutory provisions governing the eligibility for compensation of persons convicted of a criminal offence where their conviction is subsequently quashed (or they are pardoned) because of the impact of fresh evidence.
The provisions are contained in section 133 of the Criminal Justice Act 1988... | The appeals concern the entitlement to compensation of persons whose criminal convictions were subsequently quashed for being unsafe.
The Appellants, Mr Hallam and Mr Nealon, spent, respectively, about seven years and 17 years in prison before their convictions were eventually quashed for being unsafe in light of newly... |
The interface between health and social care is a difficult and controversial policy area.
In general, health care is provided or arranged by the National Health Service, and is free for all patients irrespective of means, while social care is provided or arranged by local authorities with means tested contributions fr... | The issue in this appeal is whether the National Health Service or local authorities (with means tested contributions from clients) are responsible for paying for the work done by registered nurses in social rather than health care settings.
Section 49 of the Health and Social Care Act 2001 provides that a local author... |
The question in these proceedings is whether it would be compatible with the appellants Convention rights within the meaning of the Human Rights Act 1998 for the appellant, who is an Albanian national, to be extradited to Albania.
On 7 April 2001, while he was in the United Kingdom as an illegal immigrant, another Alba... | The question in this appeal is whether extraditing Mr Kapri to Albania would breach his right to a fair trial under article 6 of the European Convention on Human Rights (the Convention).
Mr Kapri is an Albanian national.
In 2001 he was present in the UK as an illegal immigrant.
He is alleged to have been responsible fo... |
The court is asked to decide whether the services provided by a specialised air handling system, used in connection with refrigerated merchandise in the appellants retail store, are manufacturing operations or trade processes for rating purposes.
This turns on the construction of the Valuation for Rating (Plant and Mac... | The appellant (Iceland) is a well known supermarket operator, specialising in refrigerated goods.
Its premises include a retail warehouse at Penketh Drive, Liverpool (the Property).
The issue in the appeal is whether the services provided by an air handling system (AHS), used in connection with refrigerated goods at th... |
From 1922 successive items of legislation authorised the detention without trial of persons in Northern Ireland, a regime commonly known as internment.
Internment was last introduced in that province on 9 August 1971.
On that date and for some time following it, a large number of persons were detained.
The way in which... | From 1922 successive items of legislation authorised the detention without trial of persons in Northern Ireland, a regime commonly known as internment.
The way in which internment operated then was that initially an interim custody order (ICO) was made, under article 4 of the Detention of Terrorists (Northern Ireland) ... |
A school minibus draws up on a country road on a winters evening.
Two children get off.
One of the children tries to cross the road.
She steps out from behind the minibus, into the path of an oncoming car.
The driver is driving too fast: he has seen the bus, but has made no allowance for the possibility that a child mi... | When she was 13 Ms Jackson, the pursuer, was hit by a car driven by the defender.
She appeals to the Supreme Court from the Inner House of Sessions assessment of her contributory negligence at 70%.
Section 1(1) of the Law Reform (Contributory Negligence) Act 1945 states: Where any person suffers damage as the result pa... |
Traders who wish to appeal against assessments to Value Added Tax (VAT) in the United Kingdom are required, by section 84 of the Value Added Tax Act 1994, first to pay or deposit the tax notified by the assessment with HMRC, unless they can demonstrate that to do so would cause them to suffer hardship.
Otherwise, their... | Traders who wish to appeal against assessments to Value Added Tax (VAT) in the United Kingdom are required, by section 84 of the Value Added Tax Act 1994, first to pay or deposit the tax notified by the assessment with HMRC, unless they can demonstrate that to do so would cause them to suffer hardship.
This pay first r... |
These three appeals raise questions as to the circumstances in which the Parole Board (the board) is required to hold an oral hearing.
One of the appeals (that of the appellant Osborn) concerns a determinate sentence prisoner who was released on licence but then recalled to custody.
The other appeals (those of the appe... | Three prisoners brought appeals concerning the circumstances in which the Parole Board is required to hold an oral hearing.
Osborn was convicted in 2006 following an incident in which he was said to have brandished an imitation firearm at the home of his estranged wife.
He was given a six year prison sentence and was r... |
These three conjoined appeals concern section 242 of the Insolvency Act 1986, as amended.
Where section 242(1) applies, and a company enters administration, an alienation by the company is challengeable by the administrator.
In terms of section 242(2), section 242(1) applies where by the alienation, any part of the com... | Oceancrown Ltd, Loanwell Ltd and Questway Ltd were part of a group of companies controlled by Ralph Norman Pelosi (Mr Pelosi senior).
Norman Ralph Pelosi (Mr Pelosi junior) was the sole shareholder and director of Stonegale Ltd. The three companies controlled by Mr Pelosi senior went into administration in 2011.
In Nov... |
The transactions with which this appeal is concerned arose during a period when sale and rent back transactions were common.
They were what was described by the Office of Fair Trading in 2008 (Sale and rent back: An OFT market study) as a relatively new type of property transaction whereby firms bought homes from indiv... | This is an appeal in a test case arising from sale and rent back transactions in the north east of England.
Home owners like the appellant, Mrs Scott, were persuaded to sell their properties to purchasers who promised them the right to remain in their homes for years as tenants after the sale.
The purchasers bought the... |
Very substantial judgments have been prepared in this case by Lord Walker, Lord Reed and Lord Sumption, to each of which I pay tribute.
I wish in this short introduction to do two things.
First, I shall say a bit about the background, to assist the reader in understanding at the outset what the issues are and to provid... | The Appellants are all companies which belong to groups which have UK resident parents and also have foreign subsidiaries, both in the European Union and elsewhere.
The purpose of the litigation was to determine various questions of law arising from the tax treatment of dividends received by UK resident companies from ... |
Despite the significance of her name in Cartesian philosophy, the vessel Res Cogitans depends on bunkers.
The parties submissions have in compensation lent a degree of metaphysical complexity to commonplace facts.
We are told that many similar cases worldwide await our decision with interest.
The essential problem aris... | In October 2014, PST Energy 7 Shipping LLC and Product Shipping and Trading S.A., the owners and managers of the vessel Res Cogitans, (collectively, the Owners) ordered a quantity of marine fuel, (the bunkers) from OW Bunker Malta Ltd (OWB).
The contract between OWB and the Owners provided for payment 60 days after del... |
John Walker, the appellant in these proceedings, started to work for Innospec Ltd on 2 January 1980.
From the beginning of his employment, he was required to become a member of the firms contributory pension scheme.
He continued to pay into the scheme throughout the time that he was employed by Innospec.
His employment... | John Walker, the appellant in these proceedings worked for the respondent, Innospec Ltd, from 1980 until his retirement in 2003.
Throughout that time he made regular contributions to the firms occupational pension scheme.
Mr Walker is gay and has lived with his male partner since 1993.
They entered into a civil partner... |
It is now well established that an employment contract is subject to an implied term that the employer and employee may not, without reasonable and proper cause, conduct themselves in a manner likely to destroy or seriously damage the relationship of confidence and trust between them: Mahmud v Bank of Credit and Commer... | The central issue in these appeals is whether at common law an employee can recover damages for loss arising from the unfair manner of his dismissal in breach of an express term of an employment contract.
Each of Mr Edwardss and Mr Bothams employment contracts contained express terms governing the procedure for dismiss... |
The financial crisis of 2007 2008 revealed systemic weaknesses in the European banking system and the lack of an adequate legal framework for rescuing failing banks in some member states of the European Union.
The result, after a long period of deliberation, was the European Bank Recovery and Resolution Directive 2014/... | The European Bank Recovery and Resolution Directive 2014/59/EU (EBRRD) amended Directive 2001/24/EC on the Reorganisation and Winding up of Credit Institutions (the Reorganisation Directive), so as to require member states to confer on their domestic Resolution Authorities certain tools for reconstructing failing credi... |
This case concerns the use in a criminal trial of evidence obtained by members of the public acting as so called paedophile hunter (PH) groups, and whether this is compatible with the accused persons rights under article 8 of the European Convention on Human Rights (the ECHR).
PH groups impersonate children online to l... | This appeal concerns the compatibility of the use in a criminal trial of evidence obtained by a so called paedophile hunter (PH) group with the accused persons rights under article 8 of the European Convention on Human Rights (the ECHR).
Article 8 provides that everyone has the right to respect for his or her private l... |
This reference, made by the Counsel General for Wales, raises for determination whether the Recovery of Medical Costs for Asbestos Diseases (Wales) Bill is within the legislative competence of the National Assembly for Wales (the Welsh Assembly).
The issues involved are novel and important, and the Counsel General was ... | The Counsel General for Wales (the Applicant) is, by section 99(1) of the Government of Wales Act 2006, empowered to refer the question whether a proposed Act of the Welsh Assembly is within its devolved legislative competence to the Supreme Court for decision.
In the present case, the Applicant referred to the Supreme... |
Balber Kaur Takhar, the appellant, is the cousin of the third respondent, Parkash Kaur Krishan.
For many years before 2004, they had not seen each other.
In that year they became reacquainted.
At the time, Mrs Takhar was suffering personal and financial problems.
She had separated from her husband some five years previ... | The appellant (Mrs Takhar) and the third respondent (Mrs Krishan) are cousins.
The second respondent (Dr Krishan) is Mrs Krishans husband.
Mrs Takhar and Mrs Krishan became reacquainted in 2004.
At this time, Mrs Takhar was suffering from some personal and financial problems, arising mainly from the condition of a numb... |
Two appeals are before the Court by prisoners who were convicted of murder and sentenced to life imprisonment.
In the case of the appellant Peter Chester, the tariff period fixed expired many years ago, but he has not yet satisfied the Parole Board that it is no longer necessary for the protection of the public that he... | The appellants in these two appeals are prisoners serving sentences of life imprisonment imposed for murder, combined in the case of McGeogh with a later sentence of seven and a half years for violent escape from lawful custody.
Both the appellants claim that their rights have been and are being infringed because they ... |
These appeals concern requests made for the surrender under Part 1 of the Extradition Act 2003 of three persons wanted to serve sentences imposed upon their conviction in other member states of the European Union.
The requests relating to the appellants Mindaugas Bucnys (Bucnys) and Marius Sakalis (Sakalis) come from t... | These three appeals concern requests for extradition under European arrest warrants (EAWs).
The Lithuanian Ministry of Justice issued EAWs for Mindaugas Bucnys based on convictions for housebreaking and fraud and for Marius Sakalis based on his conviction for sexual assaults.
The Estonian Ministry of Justice issued an ... |
Does a commercial building which is in the course of redevelopment have to be valued for the purposes of rating as if it were still a useable office? That is the question raised in this appeal.
An analogous question would arise if the building were a former hospital which was in the process of conversion into flats.
Sh... | S J & J Monk (SJJM) own the freehold of the first floor of a three storey office building.
Previously the premises were occupied by tenants as a single office suite.
In March 2010 SJJM entered into a building contract for the renovation of the property to make it more adaptable for use as either three suites of offices... |
The appellant Mark Golds was convicted by a jury of the murder of his partner.
He had admitted in court that he had killed her, and the sole issue at his trial had been whether he had made out the partial defence of diminished responsibility, and so fell to be convicted of manslaughter rather than of murder.
The law to... | The appellant Mark Golds was convicted by a jury of the murder of his partner.
The medical evidence was that he had an abnormality of mental functioning arising from a medical condition.
He admitted in court that he had killed his partner.
The sole issue in the case was whether he had been in the grip of a psychotic co... |
In this appeal two men who had been convicted of very serious offences and who would continue to be detained in a penal institution on 18 September 2014 sought to establish a right of convicted prisoners to vote in the Scottish independence referendum on that date.
As a prompt decision was needed, the court debated the... | Under the Scottish Independence Referendum (Franchise) Act 2013 (the Franchise Act), convicted prisoners were not eligible to vote in the Scottish independence referendum on 18 September 2014 [2].
The Appellants were Scottish prisoners who challenged that exclusion through judicial review proceedings [1].
They relied o... |
This judgment is concerned with a number of points which arise from this Courts decision in Coventry v Lawrence [2014] UKSC 13, [2014] 2 WLR 433.
By that decision, we held that the occupiers of a Stadium, David Coventry trading as RDC Promotions, and a Track, Moto Land UK Limited, were liable in nuisance to the appella... | This judgment is concerned with a number of points which arise from the Supreme Courts decision in Coventry v Lawrence [2014] UKSC 13.
That decision held the occupiers of a Stadium, David Coventry trading as RDC Promotions, and a Track, Moto Land UK Limited, liable in nuisance to the appellants, Katherine Lawrence and ... |
This appeal is concerned with the validity of a patent which claims the nucleotide sequence of the gene which encodes for a novel protein (and which has further associated claims).
Although there is an insufficiency issue, which I will consider at the end of this judgment, the primary issue on this appeal raises a diff... | Article 52(1) of the European Patent Convention (the EPC) provides that, in order to obtain a European patent, an invention must be susceptible of industrial application.
Article 57 states that an invention is susceptible of industrial application if it can be made or used in any kind of industry.
The primary issue in ... |
The issue in this case is whether Lloyds Banking Group (LBG) is entitled to redeem 3.3 billion of loan notes which would otherwise carry a relatively high rate of interest, namely over 10% per annum.
The loan notes are contingent convertible securities (perhaps inevitably known as Cocos), and are formally described as ... | The issue in this appeal is whether Lloyds Banking Group (LBG) is entitled to redeem 3.3 billion of enhanced capital notes (ECNs) which carry an interest rate of over 10% per annum.
The capital requirements for financial institutions were, at the time of the issue of the ECNs, set out in the CRD I Directive, which arra... |
These appeals raise issues as to the respective duties of the Secretary of State and the First tier Tribunal, on an appeal against refusal of an application to vary leave to enter or remain under the Immigration Act 1971, more particularly as to the operation of the so called one stop procedures.
The Master of the Roll... | These appeals concern refusals of leave to remain.
Mr Patel and his wife, Mrs Patel (the Patels), arrived from India in the UK on 24 March 2009.
Mr Patel had been granted leave to enter as a working holiday maker until 6 March 2011, and Mrs Patel had been granted leave as his dependant wife.
Their only child was born h... |
This judgment is concerned with two connected questions: (i) (ii) Is it possible in principle for the Supreme Court to adopt a closed material procedure on an appeal? If so, Is it appropriate to adopt a closed material procedure on this particular appeal? A closed material procedure involves the production of material ... | This appeal concerns the use of a closed material procedure (CMP) in the Supreme Court.
A CMP involves the production of material which is so confidential and sensitive that it requires the court not only to sit in private, but to sit in a closed hearing.
At a closed hearing, the court considers the material and hears ... |
The United Kingdom has had a uniquely difficult relationship with Iran for at least a century and a half.
British control of the countrys natural resources in the late nineteenth century and the first half of the twentieth, a succession of British orchestrated coups, and two extended British military occupations have c... | Mrs Maryam Rajavi is a dissident Iranian politician, resident in Paris.
She has close links with Iranian opposition organisations, including Mujahedin e Khalq, which was formerly a proscribed terrorist organisation but is now non violent.
In 1997, the Home Secretary excluded Mrs Rajavi from the UK on the ground that he... |
The question on this appeal is whether a bingo promoter is entitled to a refund of Value Added Tax (VAT) paid to the Commissioners of Her Majestys Revenue and Customs (HMRC) over many years on fees charged to customers for the right to play bingo.
The question itself has only retrospective significance, as VAT on comme... | The Appellant (the taxpayer) operates bingo clubs.
Customers pay a fee, which entitles them to play in a number of bingo games (collectively, a session).
There is no obligation to play every game in a session.
Prizes are paid to those who win games.
VAT is charged on the supply of goods or services.
Council Directive (... |
On 26 October 2010 this Court issued its judgment in Cadder v HM Advocate [2010] UKSC 43, 2010 SLT 1125.
It held that the Crowns reliance on admissions made by an accused without legal advice when detained under section 14 of the Criminal Procedure (Scotland) Act 1995 gave rise to a breach of his right to a fair trial,... | In Cadder v HM Advocate [2010] UKSC 43, the Supreme Court held, having regard to the decision of the European Court of Human Rights in Salduz v Turkey (2008) 49 EHRR 421, that the Crowns reliance on admissions made by an accused who had no access to a lawyer while he was being questioned as a detainee at a police stati... |
The appellants, Mr Francis John Wilson and his wife, Mrs Annette Wilson, are the proprietors of a house at 100 Dalum Grove, Loanhead, which is also now their home.
On 12 July 1991 they granted a standard security over the house in favour of the respondent, the Royal Bank of Scotland (the Bank).
The standard security wa... | This appeal raises questions as to the proper construction of provisions of the Conveyancing and Feudal Reform (Scotland) Act 1970 (the 1970 Act) which establish and regulate the form of security over heritable property known as a standard security.
In particular, the appeal addresses the circumstances in which a credi... |
The Investigatory Powers Tribunal (IPT) is a special tribunal established under the Regulation of Investigatory Powers Act 2000 (RIPA) with jurisdiction to examine, among other things, the conduct of the Security Service, the Secret Intelligence Service and the Government Communications Headquarters (the intelligence s... | The Investigatory Powers Tribunal (IPT) is a specialist tribunal established under the Regulation of Investigatory Powers Act 2000 (RIPA).
It has jurisdiction to examine, among other things, the conduct of the Security Service, the Secret Intelligence Service and the Government Communications Headquarters.
Section 67(8... |
The issue in this case is whether a woman who has temporarily left work because of the late stages of pregnancy and early aftermath of childbirth is to be treated as a worker for the purpose of the right of free movement enshrined in article 45 of the Treaty on the Functioning of the European Union (TFEU) and more spec... | The issue in this appeal is whether the appellant retained her right to reside in the United Kingdom as a worker pursuant to Article 7 of Directive 2004/38/EC (the Directive) during the period when she temporarily ceased to be employed by reason of the late stages of her pregnancy and early aftermath of childbirth.
The... |
The Rugby Football Union (the RFU) is the governing body for rugby union in England.
It owns the famous Twickenham stadium, the home ground of the England rugby football team.
The RFU alone is responsible for issuing tickets for international and other rugby matches played at the stadium.
As one would expect in light o... | The Rugby Football Union (RFU) is the governing body for Rugby Union in England.
It also owns the Twickenham stadium and alone is responsible for issuing tickets for all international and other matches played at the stadium.
It is the RFUs deliberate policy to allocate tickets so as to develop the sport of rugby and en... |
These appeals raise the question as to the test which is to be applied when considering whether a gay person who is claiming asylum under the Convention relating to the Status of Refugees 1951, as applied by the 1967 Protocol (the Convention) has a well founded fear of persecution in the country of his or her nationali... | The Supreme Court unanimously allows the appeal, holding that the reasonable tolerability test applied by the Court of Appeal is contrary to the Convention and should not be followed in the future.
HJ and HTs cases are remitted for reconsideration in light of the detailed guidance provided by the Supreme Court.
There i... |
This appeal is about an elaborate scheme designed and marketed by KPMG relating to demonstrator cars used by retail distributors for test drives and other internal purposes.
In the ordinary course, a car distributor will buy new cars for use as demonstrators, paying VAT on the full amount of the sale price.
This will i... | Normally, when a car distributor buys a demonstrator car from the manufacturer, it pays VAT on the full wholesale price (input tax).
Then, when it eventually sells the car to a customer, it collects VAT on the full retail price (output tax).
It accounts to HMRC for the output tax it has collected less the input tax it ... |
There are two appeals before the court: Rubin v Eurofinance SA (Rubin) and New Cap Reinsurance Corpn Ltd v Grant (New Cap).
These appeals raise an important and novel issue in international insolvency law.
The issue is whether, and if so, in what circumstances, an order or judgment of a foreign court (on these appeals ... | The two appeals concern whether, and if so, in what circumstances, an order or judgment of a foreign court in proceedings to set aside prior transactions, such as preferences or transactions at an undervalue (avoidance proceedings), will be recognised and enforced in England and Wales.
The appeals also raise the questi... |
Since 1986, there has been legislation in this country to meet the perceived need for an effective confiscation process to deter criminal activity, especially large scale fraud and drugs related activities, which are often of a cross border nature.
This concern has, unsurprisingly, not been limited to this country, as ... | These appeals concern the proper approach for the court to adopt, and the proper orders for the court to make, in confiscation proceedings where a number of criminals, some of whom may not be before the court, have between them acquired property or money as a result of committing an offence for which all or some of the... |
From time to time over many years the Secretary of State for the Home Department has been concerned to deport a foreign national on the grounds of national security.
Sometimes, indeed with increasing frequency, those facing such deportation decisions have wished to contest them, either by challenging that they present ... | The appellants, all Algerian nationals, were suspected terrorists whom the Secretary of State proposed to deport to Algeria.
It was common ground that Algeria was a country where torture was systematically practised by state officials and no state official had ever been prosecuted for it.
The Secretary of State obtaine... |
The appellant is Nat Gordon Fraser who went to trial in January 2003 at the High Court of Justiciary in Edinburgh charged with the murder of his wife Arlene Fraser, who disappeared from her home at 2 Smith Street, New Elgin on 28 April 1998.
On 29 January 2003 he was found guilty of her murder and sentenced to life imp... | The immediate issue in this case is whether the trial at which the Appellant was convicted of murder was fair.
The point of law of broader significance is whether it is compatible with Article 6 of the European Convention on Human Rights for an appeal against a criminal conviction on the ground of the Crowns non disclo... |
Two appeals have been brought to this court from the judgment of the Divisional Court of the High Court in Northern Ireland in In re McGuinnesss Application [2019] NIQB 10.
The judgment was given in relation to judicial review proceedings relating to the treatment of Mr Michael Stone, who was convicted of serious offen... | The two appeals before the Court relate to judicial review proceedings concerning the treatment of Mr Michael Stone.
In 1988, Mr Stone attacked a group of mourners at Milltown Cemetery, Belfast, killing several.
One of them was the brother of the appellant, Mrs McGuinness.
In 1989, Mr Stone was convicted and sentenced ... |
This appeal concerns the interpretation of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the Judgments Regulation).
The question is whether the English courts have jurisdiction to hear the claim by the appellant (... | AMT Futures Limited (AMTF) is incorporated in the United Kingdom and is based in London.
It provides services as a derivatives broker for clients who wish to trade in derivatives and who are referred by introducing brokers.
Among AMTFs former clients were people domiciled in Germany, Austria, Switzerland or Belgium and... |
This case concerns the true ambit of the new offence created by section 3ZB of the Road Traffic Act 1988 (the 1988 Act).
This new section was added by section 21(1) of the Road Safety Act 2006 (the 2006 Act).
It provides: 3ZB Causing death by driving: unlicensed, disqualified or uninsured drivers.
A person is guilty of... | This case concerns the scope of the new offence created by section 3ZB of the Road Traffic Act 1988 (the 1988 Act).
This new section was added by section 21(1) of the Road Safety Act 2006 (the 2006 Act).
It provides: A person is guilty of an offence under this section if he causes the death of another person by driving... |
When an injunction is obtained against an innocent intermediary to prevent the use of his facilities by wrongdoers for unlawful purposes, who should pay the cost of complying with the order?
The respondents are three Swiss or German companies belonging to the Richemont Group.
They design, manufacture and sell luxury br... | The respondents are three Swiss or German companies which design, manufacture and sell luxury goods under well known trade marks.
The appellants are the five largest internet service providers (ISPs) serving the UK.
The respondents sought injunctions requiring the ISPs to block or attempt to block access to specified t... |
The issue in this case is whether the High Court of England and Wales has jurisdiction to order the return to this country of a small child who has never lived or even been here, on the basis either that he is habitually resident here or that he has British nationality.
The facts
The child, whom I shall call Haroon, wa... | The issue in this appeal is whether the High Court of England and Wales has jurisdiction to order the return to this country of a small child who has never been present here on the basis that he is habitually resident here or that he has British nationality.
The child, called Haroon in the judgment, was born on 20 Octo... |
On 17 May 2011, the respondent, Ms Tiffany Moreno, a United Kingdom resident, was on holiday in Greece.
Walking along the verge of a road, she was struck from behind by a vehicle registered in Greece driven by a Ms Kristina Beqiri.
Ms Beqiri had neither a valid driving licence nor it appears any insurance and is admitt... | Ms Moreno is a UK resident.
In May 2011, whilst on holiday in Greece, she was hit by a car.
The car was registered in Greece and driven by an uninsured driver.
It is not disputed that the driver was responsible for the accident.
Ms Moreno suffered very serious injuries.
Ms Moreno has claimed damages from the UK Motor I... |
Indirect taxes have always posed particular problems of enforcement, which account for the wide powers of investigation and seizure conferred by statute on the Commissioners charged with their collection.
The exercise of these powers has given rise to dispute ever since Johnsons Dictionary offered its famous definition... | These appeals concern the question whether customs officers have the power to detain goods which they reasonably suspect may be liable to forfeiture.
In Eastenders, customs officers entered Eastenders premises and inspected consignments of alcoholic goods.
Eastenders' employees were unable to provide documentary eviden... |
If you drive into Dundee from the west along the A90 (T), you will pass on your left a large industrial site.
It was formerly occupied by NCR, one of Dundees largest employers, but its factory complex closed some years ago and the site has lain derelict ever since.
In 2009 Asda Stores Ltd and MacDonald Estates Group pl... | On 18 January 2010, Dundee Council granted planning permission for the construction of an Asda superstore on a site at Myrekirk Road, Dundee.
The Appellants operate a supermarket at a site on South Road, Dundee, some 800m from the proposed Asda site.
Scottish Executive policy guidance states that, subject to material c... |
No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
So spoke Lord Mansfield in Holman v Johnson (1775) 1 Cowp 341, 343, ushering in two centuries and more of case law about the extent and effect of this maxim.
He stated that the reason was one of public policy: If, from... | Mr Patel gave Mr Mirza 620,000 to place bets on a banks share prices with the benefit of insider information.
Mr Mirza expected his contacts to inform him of a government announcement about the bank.
Mr Mirzas expectation was not fulfilled and the intended betting did not take place.
But Mr Mirza did not return the mon... |
The appellants, Mrs Sheila Davies and Mrs Maureen Mowat, operate a childrens nursery, known as All Stars Nursery, at 95 Don Street, Aberdeen.
As it was a care service within the meaning of section 2(1)(m) of the Regulation of Care (Scotland) Act 2001 (the 2001 Act), it required to be registered under Part I of that Act... | Mrs Sheila Davies and Mrs Maureen Mowat operate a childrens nursery known as All Stars Nursery in Aberdeen which was registered in 2004 by the Scottish Commission for the Regulation of Care (the Commission) under the Regulation of Care (Scotland) Act 2001 (the 2001 Act).
The Commission became concerned at the way the n... |
Section 1(1) of the Protection from Harassment Act 1997 provides that a person must not pursue a course of conduct (a) which amounts to harassment of another, and (b) which he knows or ought to know amounts to harassment of the other.
Harassment is both a criminal offence under section 2 and a civil wrong under section... | This appeal arises out of an action for damages for harassment and for an injunction to restrain its continuance.
The question at issue is in what circumstances can such an action be defended on the ground that the alleged harasser was engaged in the prevention or detection of crime.
Mr Willoughby was employed by one o... |
Section 15(1) of the Equality Act 2010 (the 2010 Act) provides that A person (A) discriminates against a disabled person (B) if (a) A treats B unfavourably because of something arising in consequence of Bs disability, and (b) A cannot show that the treatment is a proportionate means of achieving a legitimate aim.
The c... | Mr Williams was employed by Swansea University from 12 June 2000 until he retired for ill health reasons on 30 June 2013 at the age of 38.
He suffers from Tourettes syndrome and other conditions satisfying the definition of disability under section 6 of the Equality Act 2010 (the 2010 Act).
He had been an active member... |
This appeal concerns an alleged infringement of Community Registered Design No 43427 0001 (the CRD), which is owned by the appellant, Magmatic Ltd. The CRD consists of six images prepared by a 3D Computer Assisted Design (CAD) program, in monochrome, with grey scale shading and distinct tonal contrasts.
These are two o... | The founder of Magmatic Limited (Magmatic), Robert Law, won a prize in 1998 for a design of a ride on suitcase for children.
Mr Law subsequently updated the design and applied to register it at the Office for Harmonization in the Internal Market, who published it on 28 October 2003 as Community Registered Design No 434... |
The issues raised by this appeal are whether the Court of Appeal (i) adopted the wrong approach to the assessment of the impact of MAs lies to the Asylum and Immigration Tribunal (AIT) on his claim for international protection on the basis of Article 3 of the European Convention on Human Rights (ECHR); and (ii) impermi... | The issues raised in this appeal are: (1) the correct approach to the relevance of lies told by an asylum seeker in the assessment of real risk of persecution on return to his or her country of origin; and (2) how far it is legitimate for an appeal court to interfere with the assessment of facts made by a specialist tr... |
The three appellants in these two appeals were each convicted of murder.
Each had his conviction quashed pursuant to a reference to the Court of Appeal by the Criminal Cases Review Commission (CCRC) in the exercise of its powers under Part II of the Criminal Appeal Act 1995 (the 1995 Act).
In each case no order was mad... | Section 133 of the Criminal Justice Act 1988 (s 133) provides that the Secretary of State for Justice shall pay compensation when a person has been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows beyon... |
This appeal concerns the interpretation and application of the Mental Health (Care and Treatment) (Scotland) Act 2003 (the Act).
The appellant is a patient detained in the State Hospital at Carstairs who made an application to the Mental Health Tribunal for Scotland (the tribunal) for an order under section 264(2) of t... | This appeal concerns provisions of the Mental Health (Care and Treatment) (Scotland) Act 2003 (the Act) designed to address the problem of entrapped patients, namely those who no longer require the level of security afforded by the state hospital but for whom appropriate local services are not available [3 11].
The app... |
It will be convenient to describe the appellant and the respondent as the wife and the husband even though they were divorced 22 years ago.
The circumstances of the case are highly unusual.
The suit for divorce proceeded in the Sunderland County Court and, within weeks of the grant of the decree absolute on 26 October ... | The appellant, Ms Wyatt, and the respondent, Mr Vince, were married on 18 December 1981 [9].
They had a son, and Mr Vince also treated Ms Wyatts daughter from a previous relationship as a child of the family.
They separated in 1984 [10].
For around 8 years after that, Mr Vince pursued a new age travelling lifestyle [11... |
The facts of this case can fairly be described as exotic, but very few of them are relevant to the present appeal.
Dr Williams claims to be the victim of a fraud instigated by the Nigerian State Security Services which occurred in 1986.
His case is that he was induced to serve as guarantor of a bogus transaction for th... | Dr Williams claims to be the victim of a fraud instigated by the Nigerian State Security Services which occurred in 1986.
His case is that he was induced to serve as guarantor of a bogus transaction for the importation of foodstuffs into Nigeria.
In connection with that transaction, he paid $6,520,190 (USD) to an Engli... |
Three of the appeals involve linked issues as to the treatment of qualifying children and their parents, under the statutory regime contained in Part 5A of the Nationality, Immigration and Asylum Act 2002.
The fourth (AP (Sri Lanka)) raises a related issue under the Rules.
Part 5A, headed Article 8 of the ECHR: Public ... | Part 5A of the Nationality, Immigration and Asylum Act 2002 (the 2002 Act) is headed Article 8 ECHR: Public Interest Considerations.
Section 117A applies where a court or tribunal needs to determine whether an immigration decision breaches a persons right to respect for private and family life.
In considering the publi... |
These appeals raise several matters which are important to the international market in telecommunications.
The first (in all three appeals) is whether a court in the United Kingdom (UK) has jurisdiction and may properly exercise a power, without the agreement of both parties, to (a) grant an injunction to restrain the ... | There are two appeals before the Supreme Court, both of which raise issues that are important to the international market in telecommunications.
The appeals concern actions for infringement of UK patents said to be essential to the implementation of international standards for mobile telephony, such that it is not poss... |
This is an appeal brought by HM Attorney General against the decision of the Court of Appeal quashing a certificate which he issued on 16 October 2012 pursuant to section 53(2) of the Freedom of Information Act 2000 (the FOIA 2000) and regulation 18(6) of the Environmental Information Regulations 2004 (EIR 2004).
The u... | The Freedom of Information Act 2000 (FOIA 2000) enables members of the public to see documents held by many public bodies, subject to certain exemptions; the Environmental Information Regulations 2004 (EIR 2004) enables members of the public to see documents containing environmental information, again subject to certai... |
On 13 December 2006 the appellant Mohammed al Ghabra, referred to in these proceedings as G, was informed that a direction had been made against him by HM Treasury (the Treasury) under article 4 of the Terrorism (United Nations Measures) Order 2006 (SI 2006/2657) (the TO) and that he was a designated person for the pur... | In response to various incidents of international terrorism, including the attacks on 9/11, the UN Security Council (the UNSC) passed resolutions (UNSCRs) requiring member states to take steps to freeze the assets of: (i) Usama Bin Laden, the Taliban and their associates; and (ii) those involved in international terror... |
This is another appeal which concerns the doctrine against restraint of trade.
If a covenant falls within what I will simply call the doctrine, it is unenforceable against the covenantor unless it is reasonable.
Last year, in Egon Zehnder Ltd v Tillman [2019] UKSC 32, [2020] AC 154, the court was required to address as... | The appeal relates to a restrictive covenant given by the developer of a shopping centre in a lease that it granted to a retailer over part of the centre.
In giving the covenant the developer and later the respondent (Peninsula) each undertook not to allow any substantial shop to be built on the rest of the centre in c... |
This is an appeal brought by three companies, MVF 3 APS (formerly known as Vestergaard Frandsen A/S), Vestergaard Frandsen SA, and Disease Control Textiles SA, which are effectively in common ownership, and can conveniently be referred to compendiously as Vestergaard.
Their appeal is against the Court of Appeals revers... | Three companies (which can be conveniently referred to as Vestergaard) developed techniques (the techniques) which enabled them to manufacture and sell long lasting insecticidal nets.
The purpose of a long lasting insecticidal net (LLIN) is to prevent the sleeper from being bitten by mosquitoes, and also to reduce the ... |
On the evening of 12 February 1989, gunmen burst into the North Belfast home of Patrick Finucane, a solicitor.
He was having supper with his wife and three children.
In their presence he was brutally murdered.
He was shot 14 times.
Mrs Finucane was injured by a ricocheting bullet which struck her on the ankle.
This sho... | Patrick Finucane was a solicitor in Belfast.
On 12 February 1989, gunmen burst into his home and brutally murdered him in the presence of his wife and three children.
Those responsible were so called loyalists.
It has emerged that there was collusion between the murderers and members of the security forces.
Despite var... |
A father applies under the Hague Convention on the Civil Aspects of International Child Abduction 1980 (the Convention), set out in Schedule 1 to the Child Abduction and Custody Act 1985 (the 1985 Act), for a summary order for the return of his young daughter from England to Israel.
The mother opposes the application b... | This appeal concerns a fathers application for an order for the immediate return of his daughter from England and Wales to Israel.
The issue raised is whether the Court of Appeal, having determined that such an order could not be granted under the Hague Convention on the Civil Aspects of International Child Abduction 1... |
This appeal raises a short question on the true construction of the Immigration Rules, House of Commons Paper 395 (HC 395).
The question is what rules apply to family members seeking entry to the United Kingdom, where the sponsor has been granted asylum and has subsequently obtained British citizenship.
The respondent ... | This appeal raises the question of which immigration rules apply to family members seeking entry to the United Kingdom, where the sponsor has been granted asylum and consequently obtained British Citizenship.
The Appellants are the wife and children of Israr Naimi (the Sponsor).
The Sponsor came to the UK from Pakistan... |
This appeal is about the burden of proof in actions against a shipowner for loss of or damage to cargo.
It may seem strange that a species of litigation which has generated reported decisions over four centuries should not yet have returned a definitive answer to this question.
The reason is probably to be found in the... | This appeal is about the burden of proof in actions against a shipowner for loss of or damage to cargo.
The six claimants, the appellants, were the owners and holders of the bills of lading for nine separate consignments of bagged Colombian green coffee beans.
Those coffee beans were shipped from Colombia between 14 Ja... |
English private international law distinguishes between matters of substance which are governed by the proper law of the relevant issue (lex causae), and matters of procedure which are for the law of the forum.
The distinction was preserved when the English principles relating to the choice of law were amended and part... | The appellants are 14 lead claimants in claims by over 600 Iraqi citizens who claim to have suffered unlawful detention and/or physical maltreatment at the hands of British armed forces in Iraq between 2003 and 2009.
The claims are brought in tort in England against the Ministry of Defence.
The torts are governed by Ir... |
This appeal challenges the making of a non party costs order under section 51 of the Senior Courts Act 1981 against the product liability insurer of one of the defendants in litigation being managed under a Group Litigation Order (GLO).
Although the particular circumstances which led to the making of the non party cost... | This appeal is about who should pay the legal costs of 426 claimants who successfully sued a medical group for the supply of defective silicone breast implants.
It allows the Supreme Court to review the principles concerning third party costs orders. 623 claims were brought against Transform Medical Group (CS) Ltd (Tra... |
The Proceeds of Crime Act 2002 (POCA), as amended by the Serious Organised Crime and Police Act 2005, is designed to prevent the enjoyment of the fruits of criminal activity.
Part 2 focuses on the criminal.
To the extent that it is proved, in the manner prescribed, that a criminal has benefitted from criminal conduct, ... | The Serious Organised Crime Agency (SOCA) obtained an order under Part 5 of the Proceeds of Crime Act 2002 (POCA) for the recovery of property to the value of 2m from the appellants.
The order was made on the basis that the court was satisfied pursuant to section 241(3) of POCA on the balance of probabilities (the civi... |
These appeals are concerned with a little used provision in article 1F(c) of the Geneva Convention on the Status of Refugees (the Refugee Convention).
This excludes from refugee status and protection any person with respect to whom there are serious reasons for considering that . he has been guilty of acts contrary to ... | These appeals concern a little used provision in article 1F(c) of the Geneva Convention on the Status of Refugees.
This excludes from protection any person with respect to whom there are serious reasons for considering thathe has been guilty of acts contrary to the purposes and principles of the United Nations.
Both ap... |
The Architects Registration Board ("ARB")
The Solicitors Regulation Authority ("SRA")
The Bar Standards Board ("BSB")
The Farriers Registration Council
The Law Society
The Bar Council
The Local Government Association
Her Majesty's Treasury LORD MANCE: (with whom Lord Neuberger, Lord Clarke, Lord Reed and Lord Toulson a... | In order to trade, sex shops in Westminster need a licence from Westminster City Council (Westminster) under schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, paragraph 19 of which provides that an applicant for the grant, renewal or transfer of a licenceshall pay a reasonable fee determined by th... |
This appeal concerns the liability of employers in the knitting industry of Derbyshire and Nottingham for hearing loss shown by employees to have been suffered during the years prior to 1 January 1990, the date when the Noise at Work Regulations 1989 (SI 1989/1790) came into force.
The central issue is whether liabilit... | This appeal concerns the liability of employers in the knitting industry of Derbyshire and Nottinghamshire for hearing loss suffered by employees prior to 1 January 1990.
The central issue is whether liability existed at common law in negligence and/or under s.29(1) of the Factories Act 1961 towards an employee who suf... |
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