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The question in this case is whether the appellant falls within the scope of section 193 of the Housing Act 1996 as amended, which applies, by virtue of subsection (1), where the local housing authority are satisfied that an applicant is homeless, eligible for assistance and has a priority need, and are not satisfied t... | The question in this case is whether the respondent local authority were entitled to be satisfied that the appellant, Ms Haile, became homeless intentionally.
If the authority were not satisfied that she became homeless intentionally (section 193(1) of the Housing Act 1996), then they were under a duty to secure that a... |
Mr Swift owns a removal business.
On 27 July 2011 he received a telephone call from Dr Toby Robertson, the appellant in this appeal.
Dr Robertson asked for a quotation for moving his furniture and effects from Weybridge to his new home in Exmouth.
The following day Mr Swift visited Dr Robertsons home and inspected the ... | This appeal concerns the application of the Cancellation of Contracts made in a Consumers Home Regulations 2008 (the 2008 Regulations).
The respondent, Mr Swift, owns a removal business.
The appellant, Dr Robertson, telephoned him on 27 July 2011 to ask for a quotation for moving his furniture from Weybridge to Exmouth... |
These appeals arise out of tragic facts and raise difficult and significant issues, namely whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions (the DPP) relating t... | These appeals arise from tragic facts and raise difficult and significant issues, namely whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights (the Convention), and whether the code published by the Director of Public Prosecutions (the ... |
As a result of the experience of the pre war dictatorships, the right to free elections was emphasised during and immediately following the Second World War as an essential element of personal freedom and equality before the law.
As Professor Hersch (later Sir Hersch) Lauterpacht put it in 1945: the right of self gover... | Sark is an island in the Channel Islands of about 600 inhabitants.
In this appeal, Sir David and Sir Frederick Barclay sought to challenge new constitutional arrangements in Sark contained in the Reform (Sark) Law 2008.
Under the Reform Law, the electorate (of about 500 people) vote for 28 members of Sarks legislature,... |
Dr Verma is a doctor specialising in oral and maxillo facial surgery.
She trained as a dentist in India but later qualified as a doctor.
She has been working in the United Kingdom since 1996.
She worked in training grade posts from March 1998 until August 2002.
From September 2002 to September 2006 she held a series of... | This case concerns a pay protection provision in the 2002 version of NHS Terms and Conditions of Service for Hospital Medical and Dental Staff and Doctors in Public Health Medicine and the Community Health Service (England and Wales) (the NHS Terms).
The Appellant is a doctor specialising in oral and maxillo facial sur... |
This appeal raises a short point in relation to the Proceeds of Crime Act 2002 (POCA), namely whether, in assessing the amount of the benefit obtained by a company for the purpose of a confiscation order, any Value Added Tax accounted for and/or paid for to Her Majestys Revenue and Customs should be subtracted from the... | The appellants company hired out items of machinery.
Following an arson attack orchestrated by the appellant on a competitors premises, the police raided the premises of the appellants company and discovered that a significant proportion of the machinery present had been stolen.
The appellant was convicted of handling ... |
Her Majestys Attorney General for England and Wales has referred to this Court under section 112(1) of the Government of Wales Act 2006 (GWA 2006) the question of whether, on the proper construction of section 108 and Schedule 7 to the GWA 2006, the Agricultural Sector (Wales) Bill 2013 (the Bill) is within the legisla... | This is a reference by the Attorney General for England and Wales under section 112(1) of the Government of Wales Act 2006 (GWA 2006).
It concerns the question of whether the Agricultural Sector (Wales) Bill 2013 is within the legislative competence of the National Assembly for Wales [1].
The Bill was passed on 17 July... |
This appeal arises from the tragic murder of Joanna Michael by a former partner, which might have been prevented if the police had responded promptly to a 999 call made by Ms Michael.
As I explain below, two police forces were involved, Gwent Police and South Wales Police, and there was a lack of effective liaison betw... | On 5 August 2009, at 2.29am, Ms Michael dialled 999 from her mobile phone.
She told the call handler at the Gwent Police call centre that: her ex boyfriend was aggressive; he had just turned up at her house; he had found her with another man; he had bitten her ear really hard; he then drove the other man home with Ms M... |
This appeal concerns accessory liability in tort.
The appellant, Sea Shepherd UK, is an English company.
The other defendants, Sea Shepherd Conservation Society and Mr Paul Watson, have no presence in the UK.
The appellant is therefore the anchor defendant for the purpose of the English court having jurisdiction to ent... | The Respondent operates a fish farm in Malta.
On 17 June 2010, it was transporting tuna in fish cages when its vessel was attacked by a ship, named the Steve Irwin.
One of the fish cages was rammed and divers from the Steve Irwin forced it open, releasing the fish.
The Respondents crew were fought off with liquid fille... |
On 10 June 2010 the appellants, William Hugh Lauchlan and Charles Bernard ONeill, were found guilty in the High Court of Justiciary at Glasgow of the murder of Mrs Allison McGarrigle between 21 June and 1 September 1997, and of a subsequent attempt to defeat the ends of justice by disposing of her body at sea.
The char... | The issues in these appeals relate to the right to a fair trial.
Alison McGarrigle had a son, Robert, by her former husband.
Robert was subject to a residential supervision order requiring him to live with his father during the week but permitted him to visit his mother on Saturdays.
On 14 June 1997 Robert did not retu... |
As Lord Hewart CJ famously declared, in R v Sussex Magistrates, Ex p McCarthy [1924] 1 KB 256, 259, it is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done.
That was in the context of an appearance of bias, but t... | Rule 5.4C of the Civil Procedure Rules (CPR) provides that a person who is not a party to proceedings may obtain from the court records copies of a statement of case and judgment or orders made in public, and, if the court gives permission, obtain from the records of the court a copy of any other document filed by a pa... |
Is an asylum seeker or refugee who resists his or her return from the United Kingdom to Italy (the country in which she or he first sought or was granted asylum) required to establish that there are in Italy systemic deficiencies in the asylum procedure and in the reception conditions of asylum seekers . [which] amount... | This appeal concerns the circumstances in which an asylum seeker should be sent back to the country where he or she first claimed asylum if it is claimed that such a return would expose the asylum seeker to the risk of inhuman or degrading treatment, which is forbidden by article 3 of the European Convention on Human R... |
How should the courts of this country react when a child is brought here pursuant to an order made abroad in proceedings under the Hague Convention on the Civil Aspects of International Child Abduction (the Convention) which is later over turned on appeal? It might be thought that this is a somewhat rare and esoteric p... | This appeal arises from proceedings under the Hague Convention on the Civil Aspects of International Child Abduction (the Convention).
The Convention establishes procedures to ensure the prompt return of children to the state of their habitual residence.
The question arising is the approach that the courts of this coun... |
I consider that each of the nine appeals should be dismissed.
In my respectful view the approach of Lord Phillips, Lady Hale and Lord Kerr to the meaning of the word knowledge in sections 11(4) and 14(1) of the Limitation Act 1980 (the Act) is misconceived and would throw the practical application of the subsections in... | Between October 1952 and September 1958 the Respondent [the MoD] carried out experimental atmospheric explosions of 21 thermonuclear devices in the South Pacific, involving 22,000 soldiers, sailors and airmen [90].
From these servicemen are drawn the majority of the 1011 claimants in this case, most of whom caused thei... |
The law as to the duty of disclosure is now reasonably well settled.
The Lord Advocate accepts that article 6(1) of the European Convention on Human Rights requires that the Crown disclose to the defence any material of which it is aware which would tend either to materially weaken the Crown case or materially strength... | In December 2001 the Appellant, Paul McInnes, was convicted at the High Court of the Justiciary in Glasgow in respect of an assault outside a hotel in Duntocher, Dunbartonshire.
He was sentenced to eight years imprisonment.
The crucial issue at the trial was the identification of the persons who participated in the ass... |
This is an appeal concerning a claim for repayment of unduly levied Value Added Tax (VAT) in the context of a VAT group of companies.
The question is whether Taylor Clark Leisure PLC (TCL) is to be treated as having made claims for repayment within the time limit set by section 121 of the Finance Act 2008 (FA 2008), na... | Between 1973 and 2009 the Respondent, Taylor Clark Leisure Plc (TCL) was the representative member of the Taylor Clark VAT Group (the VAT Group) in terms of Article 11 of the Principal VAT Directive 2006/112/EEC (the Principal Directive) and its predecessor, Article 4.4. of the Sixth Council Directive (77/388/EEC) (the... |
I have had the advantage of reading in draft the opinion which has been prepared by Lord Mance, and I agree with it.
For the reasons he gives, I would dismiss the appeal.
LORD RODGER
I too have had the advantage of considering in draft the opinion prepared by Lord Mance.
I agree with it and, for the reasons which he gi... | Mr Louca is a Cypriot national resident in the UK.
His extradition is sought by the Office of the Public Prosecutor of Bielefeld, Germany, for six offences of tax evasion under a European Arrest Warrant (EAW) dated 14 July 2008.
Two previous EAWs had been issued by the German Prosecutor, each resulting in the arrest of... |
These two appeals raise an issue which has not been considered by the Supreme Court or by the House of Lords for a century, namely the principles underlying the law relating to contractual penalty clauses, or, as we will call it, the penalty rule.
The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raise... | Cavendish v El Makdessi By an agreement, Mr Makdessi agreed to sell to Cavendish a controlling stake in the holding company of the largest advertising and marketing communications group in the Middle East.
The contract provided that if he was in breach of certain restrictive covenants against competing activities, Mr M... |
The Global Santosh was time chartered on terms that the vessel should be off hire during any period of detention or arrest by any authority or legal process, unless the detention or arrest was occasioned by any personal act or omission or default of the Charterers or their agents.
She was arrested as a result of a disp... | By a time charter dated 11 September 2008, on an amended NYPE form, the owners NYK Bulkship (NYK) chartered the vessel Global Santosh to charterers Cargill International (Cargill) for one time charter trip (the charter).
Cargill sub chartered the vessel to Sigma Shipping.
The vessel carried a cargo of cement from Slite... |
This is, in effect, an appeal against the decision of the High Court of Justiciary in HM Advocate v McLean [2009] HCJAC 97, 2010 SLT 73, which was heard by a bench of seven judges.
The link between that case and the appeal is that the minuter in that case and the appellant, Peter Cadder, in this were both detained unde... | The question in this appeal is whether a person who has been detained by the police in Scotland on suspicion of having committed an offence has the right of access to a lawyer prior to being interviewed.
Sections 14 and 15 of the Criminal Procedure (Scotland) Act 1995 allow a police constable to detain a person whom he... |
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... |
What happens if land is registered as a town or village green when it should not have been? There is power to rectify the register, but what is the effect of the lapse of time (a less pejorative term than delay) between the registration and the application to rectify? There are many private and public interests in play... | Land that has been used by the inhabitants of a locality for sports and pastimes as of right for at least 20 years may be registered as a town or village green, pursuant to the Commons Registration Act 1965 (the Act).
If the registration is wrongly made, an application can be made under section 14(b) for the register t... |
These two appeals relate to one of the rules currently in force by which the appellant, the Secretary of State for the Home Department, determines an application for a visa to enter or remain in the United Kingdom made by the spouse of a person who is present and settled in the UK (a marriage visa).
The Secretary of St... | The issue is whether the ban on the entry for settlement of foreign spouses or civil partners unless both parties are aged 21 or over, contained in paragraph 277 of the Immigration Rules, was a lawful way of deterring or preventing forced marriages.
Paragraph 277 of the Immigration Rules [Paragraph 277] was amended wit... |
When a person is facing insolvency, a possible alternative to sequestration is a voluntary arrangement with his creditors.
Under Scots law, this usually takes the form of a deed granted by the debtor, conveying his property to a trustee for the benefit of his creditors.
The trustee is given powers to collect and realis... | In September 2006, Mr Davidson (the Second Respondent) entered into a trust deed for the benefit of his creditors.
It was a protected trust deed to which provisions of the Bankruptcy (Scotland) Act 1985 (1985 Act) applied.
Clause 11 of the deed provided for the deeds termination on the occurrence of one of three events... |
The appellant in this case was sentenced to an extended sentence of ten years imprisonment, comprising a custodial term of seven years and an extension period of three years.
He was released on licence after serving two thirds of the custodial term, but was recalled to custody after committing a further offence.
He the... | The appellant was sentenced to an extended sentence of ten years imprisonment, comprising a custodial term of seven years and an extension period of three years.
He was released on licence after serving two thirds of the custodial term, but was recalled to custody after committing a further offence.
He then remained in... |
Part II of the Landlord and Tenant Act 1954 confers a qualified security of tenure on business tenants.
A tenant in occupation of the premises under a tenancy for a term of years certain may stay over and request a new tenancy beginning upon its expiry, unless before the tenancy was granted the landlord had served a no... | This appeal concerns qualified security of tenure enjoyed by business tenants, pursuant to Part II of the Landlord and Tenant Act 1954 (the Act).
Section 24(1) of the Act provides a procedure to landlords for contesting the grant of an application for a new tenancy.
The ground for opposition in issue on this appeal is ... |
This is a challenge to the decision of 29 July 2014 by HM Treasury (HMT) to use National Savings and Investments (NS&I) to deliver the Government policy of Tax free Childcare (TFC), which I describe below (para 16).
TFC is designed to replace the policy of employer supported childcare (ESC) under which the Government g... | National Savings and Investments (NS&I) is a non ministerial Government department offering retail savings and investments to UK customers.
It also provides support functions to other public bodies, referred to as business to business services or B2B services [2].
NS&I has outsourced its own operational services.
In 20... |
This is an unusual case.
It involves a claim for unjust enrichment and, in the course of the argument, has led to a wide ranging discussion of the principles relevant to an aspect of unjust enrichment which has been the subject of lively debate among academics.
It will be necessary to give consideration to at least som... | This appeal concerns the manner in which a court should calculate the amount of money, if any, that a person who has been unjustly enriched by the receipt of services must pay to the provider of those services by way of restitution.
Alessandro Benedetti is an Italian citizen who lives in Switzerland.
Naguib Sawiris is ... |
This appeal raises a question about the interpretation of article 16 of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974 (the Athens Convention) and its application to the Scots law of limitation of actions.
Factual background
Mr Lex Warner chartered the m/v Jean Elaine, a moto... | Mr Lex Warner chartered a motor vessel operated by Scapa Flow Charters (SFC) for the week of 11 18 August 2012.
On 14 August 2012, when dressed in diving gear while preparing to dive on a wreck northwest of the Cape Wrath, Mr Warner fell onto the deck of the vessel.
He was helped to his feet and went ahead with the div... |
There are three cases before the Court, two on appeal from the Court of Appeal of England and Wales and one from the Inner House of the Court of Session in Scotland.
This judgment deals with the two English cases, while a separate judgment will deal with the Scottish case.
The issue common to all three is the scope for... | This judgment deals with two English cases, while a separate judgment deals with the Scottish case Eba v Advocate General for Scotland.
The issue common to all three is the scope for judicial review by the High Court or Court of Session of unappealable decisions of the Upper Tribunal established under the Tribunals, Co... |
The specific issue raised by this appeal is whether, following receipt of a statutory notice from an inspector of taxes to produce documents in connection with its tax affairs, a company is entitled to refuse to comply on the ground that the documents are covered by legal advice privilege (LAP), in a case where the leg... | This appeal concerns the scope of legal advice privilege.
Legal advice privilege applies to all communications passing between a client and its lawyers, acting in their professional capacity, in connection with the provision of legal advice.
The specific issue raised by this appeal is whether, following receipt of a st... |
The Scottish Parliament has determined to address health and social consequences which can arise from the consumption of cheap alcohol.
The mechanism chosen is minimum pricing.
The Alcohol (Minimum Pricing) (Scotland) Act 2012 (the 2012 Act) will, when in effect, amend Schedule 3 of the Licensing (Scotland) Act 2005 by... | The Scottish Parliament decided to address the health and social consequences arising from the consumption of cheap alcohol by a minimum pricing regime (the Regime).
The Alcohol (Minimum Pricing) (Scotland) Act 2012 (the 2012 Act) amends schedule 3 to the Licensing (Scotland) Act 2005 by inserting in the licence which ... |
Part II of the Housing Act 1980 was enacted in order to give the residential tenants of local authorities and certain other social landlords a degree of protection broadly comparable to that enjoyed by private tenants under the Rent Act 1977.
It introduced a category of secure tenancy, whose essential features were tha... | Mr and Mrs Hickin became the joint tenants of a three bedroom terraced house in Chelmsley Wood, Solihull in 1967 [2].
The Appellant, Elaine Hickin, is their daughter who has lived in the house since the beginning of the tenancy.
The Respondent, Solihull Metropolitan Borough Council, became the freehold owner and landlo... |
As is common knowledge, the whole system of funding higher education was reformed, broadly in accordance with the recommendations of Lord Brownes Report, Securing a Sustainable Future for Higher Education (October 2010), in 2011.
The aims were further to widen participation in higher education, so that everyone who had... | In 2011 the fees charged by universities were increased.
The cost of fees and maintenance are generally financed by loans from the Government, which are only repaid when students can afford to do so and at an affordable rate.
In order to qualify for a loan under Regulation 4(a) of the Education (Student Support) Regula... |
This appeal raises important and difficult issues as to the meaning and effect of Part 2 of the Proceeds of Crime Act 2002 (POCA), dealing with post conviction confiscation.
It does not concern civil recovery under Part 5 of POCA, which was considered recently by the court in Serious Organised Crime Agency v Perry [201... | In 2003 the Appellant purchased a flat in London for 775,000.
To do so, he paid 310,000 from his own resources and was provided with the remaining balance of 465,000 by a mortgage lender, on the basis of false statements he made about his employment record and earnings.
In April 2005, that mortgage was redeemed as the ... |
This appeal is concerned with the relevance and application of the principles of autrefois acquit, res judicata and abuse of process in the context of successive proceedings before a regulatory or disciplinary tribunal.
The background facts
The appellant is a chartered accountant and a member of the respondent institut... | This appeal concerns the relevance and application of the principles of autrefois acquit, res judicata and abuse of process in the context of successive proceedings before a regulatory or disciplinary tribunal.
In particular it concerns the application of the general principle that nemo debet bis vexari pro una et eade... |
These appeals are concerned with a dispute over the preliminary question of the jurisdiction of the High Court of England and Wales in proceedings which commenced in December 2016.
As I explain more fully below, the underwriters, Aspen Underwriting Ltd and others (the Insurers), insured the Atlantik Confidence (the Ves... | These appeals concern whether the High Court of England and Wales has jurisdiction to hear claims to recover sums paid under a settlement agreement relating to the loss of an insured vessel.
The parties dispute the interpretation of the Brussels Regulation Recast (Regulation (EU) 1215/2012) (the Regulation).
Article 4 ... |
Ewa Michalak began employment as a doctor with the Mid Yorkshire Hospitals NHS Trust in April 2002.
She remained in that employment until she was dismissed in July 2008.
Following her dismissal, Dr Michalak brought an unfair dismissal claim against the Trust in the Employment Tribunal.
The tribunal found that her dismi... | Ewa Michalak was a doctor employed by the Mid Yorkshire Hospitals NHS Trust from April 2002 until she was dismissed in July 2008.
Following her dismissal, Dr Michalak brought an unfair dismissal claim against the Trust in the Employment Tribunal.
The tribunal found that her dismissal had been unfair due to sex and race... |
Mesothelioma is a hideous disease that is inevitably fatal.
In most cases, indeed possibly in all cases, it is caused by the inhalation of asbestos fibres.
Unusual features of the disease led the House of Lords to create a special rule governing the attribution of causation to those responsible for exposing victims to ... | A special rule has been developed for cases brought by persons who contract mesothelioma after being wrongly exposed to asbestos, known as the Fairchild exception after the decision of the House of Lords in Fairchild v Glenhaven Funeral Services Ltd [2002] UKHL 22.
This provides that defendants whose breaches of their ... |
The Sea Fish Industry Authority (the Authority) is established under the Fisheries Act 1981 with powers granted for the purpose of promoting the efficiency of the sea fish industry and so as to serve the interests of that industry as a whole (section 2(1)).
For the purpose of financing its activities, the Authority may... | This appeal concerns the extent of the power of the Sea Fish Industry Authority to impose a levy on persons engaged in the sea fish industry and the compatibility with EU law of the levy imposed.
The Sea Fish Industry Authority (the Authority) is established under the Fisheries Act 1981 (the 1981 Act) for the purposes ... |
The Police and Criminal Evidence Act 1984 (PACE) consolidated various police powers to obtain evidence for the purposes of a criminal investigation.
Generally, a magistrate has power under section 8 to issue a search warrant on an ex parte application by a constable if satisfied, among other things, that there are reas... | In March 2011 the Metropolitan Police arrested two military officers on suspicion of having committed offences under the Official Secrets Act 1989.
The alleged offences concerned suspected leaks of top secret information from meetings of the COBRA Cabinet security committee to the security editor of British Sky Broadca... |
In 2008 the appellant, Mr Mandalia, who was then aged 25, came from India to the UK in order to study.
His visa, as extended, was due to expire on 9 February 2012.
On 7 February 2012 he applied to the UK Border Agency (the agency) for a further extension of it in order to study accountancy.
The rules referable to his t... | Mr Mandalia came to the UK from India in 2008 to study.
His visa was due to expire on 9 February 2012 and on 7 February 2012 he applied to the UK Border Agency (the Agency) for a visa extension in order to study accountancy [1].
To secure an extension, Mr Mandalia needed to satisfy certain requirements for student visa... |
The appellants in this case are the executors of Mrs Beryl Coulter, who died in Jersey on 9 October 2007, leaving her residuary estate on trust for purposes which are agreed to be exclusively charitable under English law.
The appellants were appointed under Mrs Coulters will as the trustees.
They were domiciled in Jers... | The appellants are the executors of Mrs Beryl Coulter, who died in Jersey on 9 October 2007, leaving her residuary estate on trust for charitable purposes (the Coulter Trust).
The appellants were domiciled in Jersey and the will specified that the trust was to be governed by Jersey law.
The estate included substantial ... |
I can take the underlying facts from the agreed statement of facts and issues.
The appellants are employed as teachers at the respondents sixth form college.
They have brought this action and pursued this appeal supported by their union, the NASUWT.
Their contracts of employment incorporate terms relating to working ti... | The appellants are employed as teachers at the respondent sixth form college [1].
They are paid an annual salary on a monthly basis [15].
Their contracts of employment incorporate terms relating to working time from a collective agreement known as the Red Book [2].
The Red Book provides that teachers will be required t... |
The appeal raises troublesome issues of construction of para 4 of Chapter 2 of Part 1 of Schedule 1 to the Mobile Homes Act 1983 (the 1983 Act).
By section 1, the 1983 Act applies to any agreement under which a person (the occupier) is entitled to station a mobile home on land forming part of a protected site and to oc... | The Appellant owns and occupies a mobile home that sits on a plot at Meadowview Park, a mobile homes site belonging to the Respondent.
He pays an annual pitch fee to the Respondent for licence to use the plot.
Under the terms of his agreement with the Respondent (the agreement), he is not permitted to act in such a way... |
The issue in this case concerns the true meaning and ambit of the additional right of appeal specific to asylum claims which was given by section 83 of the Nationality, Immigration and Asylum Act 2002 (NIAA 2002).
That section has now been repealed by section 15(3) of the Immigration Act 2014 and replaced by a wider ri... | This case concerns the statutory rights to appeal immigration decisions under the Nationality, Immigration and Asylum Act 2002 (NIAA 2002).
The relevant provisions have now been repealed, however they were relevant to the appellant because of the timing of his claim.
The main right of appeal under NIAA 2002 in relation... |
The issue in this case is whether the Crown is bound by the prohibition of smoking in most enclosed public places and workplaces, contained in Chapter 1 of Part 1 of the Health Act 2006 (for shorthand, I shall call its provisions the smoking ban).
The issue comes before this Court because a prisoner, who is serving an ... | The issue in this appeal is whether the Crown is bound by the prohibition of smoking in most enclosed public places and workplaces (the smoking ban), contained in Chapter 1 of Part 1 of the Health Act 2006 (the Act).
The issue affects all those residing in, employed to work at or visiting any Crown premises, including ... |
These appeals arise out of the decision of the government to promote the high speed rail link from London to the north known as HS2.
The decision was announced in a command paper, High Speed Rail: Investing in Britain's Future Decisions and Next Steps (Cm 8247, 10 January 2012). (It has been referred to in the proceedi... | These appeals arise out of the decision of the Government to promote the high speed rail link from London to the north known as HS2.
The decision was announced in a command paper, High Speed Rail: Investing in Britains Future Decisions and Next Steps (Cm 8247, 10 January 2012) referred to as the DNS.
The DNS included c... |
Each of these three appeals involves a challenge to an order for costs made by a High Court judge against a newspaper publisher after a trial.
In two of the appeals, Flood v Times Newspapers Ltd and Miller v Associated Newspapers Ltd, the trial involved an allegation that the newspaper had libelled the claimant; in the... | These three appeals each involve a challenge to an order for costs made by a High Court judge against a newspaper publisher following trial.
Flood v Times Newspapers Limited (Flood) and Miller v Associated Newspapers Ltd (Miller) each involved an allegation that the newspaper had libelled the claimant, and Frost and ot... |
Chevron North Sea Ltd operates an offshore installation in the North Sea (the installation).
In April 2013, the installation was inspected by Mr Conner in his capacity as one of Her Majestys Inspectors of Health and Safety.
Mr Conner was accompanied by three colleagues with specialist expertise of particular relevance ... | The Respondent operates an offshore installation in the North Sea.
In April 2013, the installation was inspected by Her Majestys Inspectors of Health and Safety.
The inspectors formed the view corrosion had rendered the stairways and stagings to the helideck (a helicopter landing platform) unsafe and served a prohibiti... |
These are three of five conjoined appeals which were heard by the Court of Appeal in Salford City Council v Mullen [2010] EWCA Civ 336, [2010] LGR 559.
They are concerned with possession proceedings brought by a local authority in circumstances where the occupier is not a secure tenant under Part IV of the Housing Act ... | These appeals concern the making of orders for possession of a persons home in favour of a local authority.
The issue is whether, in circumstances where the occupier is not a secure tenant, the court that makes the order must consider the proportionality of making it.
Most residential occupiers of property owned by loc... |
Approved premises (APs) used to be known as probation hostels and bail hostels.
Living there may be made a condition of release on licence for certain medium, high or very high risk prisoners.
They are now all single sex establishments.
There are 94 APs for men, scattered about England and Wales, with several in London... | It can be a condition of release from prison of certain medium or high risk prisoners that they must live at Approved Premises (APs).
APs are single sex establishments.
There are 94 APs for men, distributed around England and Wales including several in London.
There are only 6 APs for women, who constitute 5% of the pr... |
This is a judgment on (i) an appeal brought by the Secretary of State for Work and Pensions, against the Court of Appeals decision in favour of Ms Caitlin Reilly and Mr Jamieson Wilson, that the Jobseekers Allowance (Employment, Skills and Enterprise Scheme) Regulations (SI 2011/917) (the 2011 Regulations), purportedly... | These appeals concern the legality of the Secretary of States Employment, Skills and Enterprise Scheme (ESES), which was designed to assist claimants of job seekers allowance (JSA) to obtain employment or self employment.
The Jobseekers Act 1995 (the 1995 Act) provides for JSA to be paid to certain categories of unempl... |
This appeal and cross appeal raise a number of points of insolvency law, which arise out of the collapse of the Lehman Brothers group of companies (the Group) in 2008.
Introductory
The basic facts
The Groups main trading company in Europe was Lehman Brothers International (Europe) (LBIE), which is an unlimited company.... | This appeal and cross appeal arise from the 2008 collapse of the Lehman Brothers group (the Group).
The Groups main trading company in Europe was Lehman Brothers International (Europe) (LBIE), an unlimited company.
LB Holdings Intermediate 2 Ltd (LBHI2) holds all LBIEs ordinary and redeemable shares, except one ordinar... |
Section 3C of the Immigration Act 1971 extends a persons leave to remain pending determination of an application to vary the period of leave, provided that the application is made before the expiry of the original leave.
The principal issue raised by these three appeals is how section 3C applies where an application is... | Section 3C of the Immigration Act 1971 extends a persons leave to remain pending determination of an application to vary the period of leave, so long as the application is made before the original leave has expired.
All three appeals before the Court raise the issue of how section 3C applies where an application is mad... |
The liability of employers for deaths caused by mesothelioma has pre occupied courts and legislators over recent years.
The present appeals concern claims to pass the burden of this liability on to insurers, made either by employers or in the case of insolvent employers by the personal representatives of former employe... | These appeals concern the obligations of insurance companies under various contracts of employers liability (EL) insurance.
In particular, the appeals concern the scope of the insurers obligations to indemnify employers against their liabilities towards employees who have contracted mesothelioma following exposure to a... |
The respondents to the Lord Advocates appeal in these three cases are Raymond Jude, Michael Hodgson and Josh Birnie.
They were each detained as suspects for questioning at a police station under sections 14 and 15 of the Criminal Procedure (Scotland) Act 1995.
Their detentions took place prior to the decision of this c... | The Respondents were each detained as suspects for questioning at a police station under sections 14 and 15 of the Criminal Procedure (Scotland) Act 1995.
Their detentions took place prior to the decision of this Court in Cadder v HM Advocate [2010] UKSC 43, and they did not have access to legal advice either before or... |
The appellant, Michael Mark Junior Darnley, who was then aged 26, was assaulted in the late afternoon of 17 May 2010 when he was struck on the head by an unknown assailant in south London.
He later telephoned his friend Robert Tubman.
The appellant told Mr Tubman about the assault and complained that he had a headache ... | The appellant, Michael Mark Junior Darnley, was struck on the head on 17 May 2010.
A friend, Robert Tubman, drove the appellant to the Accident and Emergency (A&E) Department at Mayday Hospital, Croydon which was managed by the respondent, NHS Trust.
He attended at 20:26.
The trial judge found that at the A&E reception... |
In these proceedings the appellant, Ms OConnor, a practising barrister, claims damages under the Human Rights Act 1998 against the respondent, the Bar Standards Board (the BSB), alleging discrimination in her enjoyment of the right to a fair trial, in breach of article 14 of the European Convention on Human Rights (ECH... | The Appellant is a practising barrister and is black.
She alleges that the Respondent discriminated against her on grounds of her race by bringing disciplinary proceedings which ended in her acquittal on appeal.
On 9 June 2010, the Respondents Complaints Committee brought 6 disciplinary charges against the Appellant.
O... |
The question in this case is whether the appellants BH (Mr H) and his wife KAS or H (Mrs H) should be extradited to the United States of America to face trial in Arizona.
The United States has requested their extradition under the Extradition Act 2003 on charges of conspiracy and unlawful importation into the United St... | The Appellants (Mr and Mrs H) are both British citizens.
The United States has requested their extradition under the Extradition Act 2003 to face trial in Arizona on charges of conspiracy and unlawful importation into the United States of chemicals used to manufacture methamphetamine, knowing or having reasonable cause... |
This appeal is concerned with the systematic collection and retention by police authorities of electronic data about individuals.
The issue in both cases is whether the practice of the police governing retention is lawful, as the appellant Police Commissioner contends, or contrary to article 8 of the European Conventio... | In domestic law, the polices power to retain data is controlled by the Data Protection Act 1998 and by a mandatory Code of Practice and accompanying Guidance issued under the Police Act 1995.
Individuals also have a right to respect for their private lives under Article 8 of the European Convention on Human Rights (ECH... |
reasonable reader of a Facebook post?
Background
The respondent to this appeal, Ronald Stocker, is the former husband of the appellant, Nicola Stocker.
Their marriage ended in acrimony in 2012.
Mr Stocker subsequently formed a relationship with Ms Deborah Bligh.
On 23 December 2012 an exchange took place between Mrs St... | Nicola Stocker and Ronald Stocker were husband and wife.
Their marriage ended in 2010.
Subsequently, Mr Stocker formed a relationship with Ms Bligh.
On 23 December 2012, an exchange took place between Mrs Stocker and Ms Bligh on Facebook.
In this exchange, Mrs Stocker told Ms Bligh that Mr Stocker had tried to strangle... |
We have before us two cases under the Extradition Act 2003 involving the parents of young children.
In one, an Italian court has issued a European Arrest Warrant (EAW) in respect of both parents of three children now aged 11, 8 and 3, the parents having been convicted of a series of drug trafficking offences.
The paren... | These appeals concern requests for extradition in the form of European Arrest Warrants (EAWs) issued, in the joined cases of HH and PH, by the Italian courts, and in the case of FK, a Polish court.
The issue in all three is whether extradition would be incompatible with the rights of the Appellants children to respect ... |
The liability of employers for deaths caused by mesothelioma has pre occupied courts and legislators over recent years.
The present appeals concern claims to pass the burden of this liability on to insurers, made either by employers or in the case of insolvent employers by the personal representatives of former employe... | These appeals concern the obligations of insurance companies under various contracts of employers liability (EL) insurance.
In particular, the appeals concern the scope of the insurers obligations to indemnify employers against their liabilities towards employees who have contracted mesothelioma following exposure to a... |
The issue raised by this appeal is whether the respondents to this appeal, the Secretary of State for Foreign and Commonwealth Affairs and the Secretary of State for Defence, are required to hold a public inquiry (or other similar investigation).
The inquiry which is sought would relate to a controversial series of eve... | This appeal concerns the decision of the respondent Secretaries of State for Foreign Affairs and Defence to refuse to hold a public inquiry into events which took place while the UK was the colonial power in the former Federation of Malaya (now Malaysia).
The UK government sent troops to the Federation in 1948 in respo... |
In 1999 the Inland Revenue, as it was then known and to which I will refer as the Revenue, published a revised version of a booklet known as IR20 and entitled Residents and non residents Liability to tax in the United Kingdom.
The 1999 version of the booklet, which remained operative until 2009 and which I will call th... | In 1999 the Inland Revenue [now known as Her Majestys Revenue and Customs, HMRC] published a booklet known as IR20 and entitled Residents and Non Residents Liability to tax in the United Kingdom, which offered general guidance on the word residence and the phrase ordinary residence for the purposes of an individuals li... |
The appellant (Ms McBride) was unfairly dismissed.
The Employment Tribunal ordered her reinstatement.
The issue in this appeal is whether the tribunal erred in so doing.
The appeal stems from the controversy created by the disputed identification by four fingerprint officers in the Scottish Criminal Records Office (the... | This appeal concerns the proper approach of Employment Tribunals (ETs) when ordering that an employer reinstate an employee who has been unfairly dismissed.
The appeal arises from the scandal over the disputed identification of a fingerprint in a murder inquiry in 1997, which resulted in the trial and conviction (later... |
Section 103A of the Employment Rights Act 1996 (the Act) provides: An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee made a protected disclosure.
In this appeal the dispute ... | The appeal concerns the dismissal of Ms Jhuti, the appellant, from her employment by Royal Mail Group Ltd (the company).
The key question of law that it raises is as follows: in a claim for unfair dismissal under Part X of the Employment Rights Act 1996 (the Act), can the reason for the dismissal be other than that giv... |
The claimant, Lady Brownlie, is the widow of the distinguished international lawyer Sir Ian Brownlie QC.
In January 2010, she and her husband were on holiday in Egypt, staying at the Four Seasons Hotel Cairo at Nile Plaza.
Lady Brownlies evidence is that on a previous visit to the hotel, she had picked up a leaflet pub... | In January 2010 Lady Brownlie and her husband, Sir Ian Brownlie QC, were on holiday in Egypt, staying at the Four Seasons Hotel Cairo at Nile Plaza.
Her evidence is that she had telephoned the hotel from England and booked an excursion in a chauffeur driven car.
During the excursion, the car crashed.
The passengers, in... |
The principal issue in this appeal concerns the role, if any, of the courts of England and Wales (including the Supreme Court of the United Kingdom) in the legislative process of one of the Channel Islands.
It raises fundamental questions about the constitutional relationship between the United Kingdom and the Bailiwic... | The principal issue in this appeal concerns the role, if any, of the courts of England and Wales (including the Supreme Court of the United Kingdom) in the legislative process of the island of Sark, part of the Crown Dependency of the Bailiwick of Guernsey.
The Channel Islands are not part of the United Kingdom but as ... |
The respondent, Hussain Zulfiquar Alvi, is a citizen of Pakistan.
He was born on 5 November 1977.
On 20 September 2003 he entered the United Kingdom as a student, with leave to remain until 31 January 2005.
After completing his studies he applied for leave to remain here as a physiotherapy assistant.
On 10 February 200... | Mr Alvi is a citizen of Pakistan.
In September 2003 he entered the UK as a student, with leave to remain until 31 January 2005.
After completing his studies he applied for leave to remain here as a physiotherapy assistant.
On 10 February 2005 he was granted leave to remain as a qualifying work permit holder until 10 Fe... |
The issue before the Supreme Court lies within a very narrow compass.
The appellant is applying to the European Court of Human Rights to challenge the fairness of his trial because it was held partially in camera.
The United Kingdom has in its observations to the court resisted this application.
The appellant wishes to... | Wang Yam was charged with the murder of Allen Chappellow and associated offences in 2007.
He denied the murder charge and alleged that he had been given the deceaseds cheques, credit cards and banking information by various gangsters.
The Crown applied for an order that part of the trial relating to evidence which Wang... |
This is an appeal by HM Revenue and Customs (HMRC) against a decision of the Court of Appeal (Ward, Rimer and Elias LJJ) dated 2 July 2009: [2009] EWCA Civ 625, [2009] 2 BCLC 309, [2009] STC 1639.
The Court allowed an appeal by Mr Michael Holland (Mr Holland) against an order dated 4 July 2008 by Mr Mark Cawson QC sitt... | The primary question in this appeal is when a person should be considered to be a de facto director of a company so that he can be held responsible for the payment of unlawful dividends as if he had been formally appointed as a director.
When a company is wound up, section 212 of the Insolvency Act 1986, as amended, al... |
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... |
Is the description that there is in general in that State no serious risk of persecution of persons entitled to reside in that State, in section 94(5) of the Nationality, Immigration and Asylum Act 2002, applicable to a state in which a) there is a serious risk of persecution of gays and other members of the LGBT commu... | The Respondent is a citizen of Jamaica.
He arrived in the UK on 7 May 2010 on a one month visitors visa.
On 14 October 2010 he applied for asylum on the ground that he is homosexual and feared persecution if he returned to Jamaica.
On 20 October 2010, he was detained pending a decision on removal.
This was done pursuan... |
In 2006 and 2007 a number of London local authorities entered into arrangements for mutual insurance against various classes of risk, including property, liability and terrorism.
Mutual insurance occurs where a group of similarly placed persons or organisations agree to insure each other against risks in which they all... | This appeal considers the scope of what is known in public procurement law as the Teckal exemption.
It considers whether a local authority was entitled to enter into contracts of insurance with a mutual insurer, established in co operation with other local authorities, without first putting those contracts out to tende... |
There are two issues in this case, both of them simple to state but neither of them simple to answer.
First, what is the test for deciding whether a person lacks the mental capacity to conduct legal proceedings on her own behalf (in which case the Civil Procedure Rules require that she has a litigation friend to conduc... | On 25 June 1999 the respondent, Ms Dunhill, was struck by a motorcycle driven by the appellant, Mr Burgin, when crossing the road.
She suffered a severe head injury.
In May 2002 she issued a claim against Mr Burgin for damages limited to 50,000 for her injuries.
On the day of the trial, settlement negotiations took pla... |
On or about 1 April 2010 the appellant and her husband (Mr and Mrs X, anonymity orders having been made in respect of the appellant by the Court of Appeal and the Supreme Court) entered into a contract with the respondent tour operator (Kuoni) under which Kuoni agreed to provide a package holiday in Sri Lanka which inc... | On or about 1 April 2010 the appellant and her husband (Mr and Mrs X) entered into a contract with the respondent tour operator (Kuoni) under which Kuoni agreed to provide a package holiday in Sri Lanka.
In the early hours of 17 July 2010, the appellant was making her way through the grounds of the hotel to the recepti... |
The respondent, Mrs Sumithra Hewage, was born in Sri Lanka.
She has been a British citizen since 1998.
She has devoted her professional career to the practice of dentistry.
Her speciality is orthodontics.
On 1 December 1993 she commenced employment with Grampian Health Board (the Board) at Aberdeen Royal Infirmary as a... | Mrs Hewage was born in Sri Lanka, and has been a British citizen since 1998.
On 1 December 1993 she commenced employment with Grampian Health Board (the Board) at Aberdeen Royal Infirmary as a consultant orthodontist.
In 1996 she became Head of Service for the Orthodontic Department.
She resigned from that position on ... |
The appellant, Ms Ecila Henderson, suffers from paranoid schizophrenia or schizoaffective disorder.
On 25 August 2010 she stabbed her mother to death whilst experiencing a serious psychotic episode.
She was charged with her mothers murder but, in view of the psychiatric evidence, the prosecution agreed to a plea of man... | This appeal concerns the defence of illegality.
The Supreme Court is asked to decide whether the appellant, Ms Henderson, can claim damages for loss she has suffered as a result of her conviction for her mothers manslaughter from the respondent, Dorset Healthcare University NHS Foundation Trust (Dorset Healthcare).
Ms ... |
In July 1999 Mr Beesley, the second respondent, bought 22 acres of open land in the Green Belt on the outskirts of Northaw, Potters Bar.
In October 1999 he applied for and in March 2000 obtained planning permission to construct a hay barn for grazing and haymaking.
Upon a further application made in January 2001, this ... | This appeal concerns the application of planning law to a dwelling house disguised as a hay barn.
The first issue is whether the building is within the provisions of the Town and Country Planning Act 1990 which impose a time limit for taking enforcement action against breaches of planning control.
The second issue is w... |
Does a decision by a public prosecutor to bring criminal proceedings against a person fall potentially within the scope of article 8 of the European Convention on Human Rights in circumstances where a) the prosecutor has reasonable cause to believe the person to be guilty of the offence with which they are charged and ... | In deciding whether to institute criminal proceedings, the Crown Prosecution Service (CPS) is required to apply a two stage test.
They must first consider whether there is enough evidence to provide a realistic prospect of conviction and, if that is satisfied, decide whether the prosecution would be in the public inter... |
This appeal raises two important and controversial questions of commercial law.
The first is: in what circumstances will the law treat the authority of an agent as irrevocable.
The other is whether the receipt of money at a time when the recipient knows that imminent insolvency will prevent him from performing the corr... | This appeal concerns two questions.
The first is, in what circumstances will the law treat the authority of an agent as irrevocable? The second is whether the receipt of money at a time when the recipient knows that imminent insolvency will prevent him from performing a corresponding obligation, can give rise to liabil... |
The Refugee Convention was drafted for a world scarred by long years of war crimes and other like atrocities.
There remain, alas, all too many countries where such crimes continue.
Sometimes those committing them flee abroad and claim asylum.
It is not intended that the Convention will help them.
However clearly in nee... | The respondent is a Sri Lankan Tamil.
In 1992, at the age of 10, he became a member of the Liberation Tigers of Tamil Eelam (LTTE), the following year joining the LTTEs Intelligence Division.
He occupied various positions of responsibility and gained promotions within the organisation.
At 18 he was appointed to lead a ... |
In 2007, the Mental Health Act 1983 (the MHA) was amended to introduce a new form of order, a community treatment order (a CTO).
This was designed so that patients compulsorily detained in hospital for treatment might be released into the community by their responsible clinician (RC) but subject to conditions which wou... | A patient detained under the Mental Health Act 1983 (MHA) may be released from compulsory detention in hospital subject to a community treatment order (CTO).
The question arising on this appeal is whether a patients responsible clinician (RC) may impose conditions in a CTO which amount to the deprivation of his liberty... |
The appellant, a litigant in person, purported to serve the claim form in these proceedings on the defendants solicitors by email, without obtaining any prior indication that they were prepared to accept service by that means.
It is common ground that this was not good service.
As a result, the claim form expired unser... | In 2005 the appellant, Mr Barton, brought a claim alleging professional negligence against a law firm, Bowen Johnsons, which had acted for him in 1999.
The respondent law firm, Wright Hassall LLP, initially acted for him in that negligence claim, until they applied to come off the record following a dispute about fees.... |
The issue in this appeal raises what the courts below have correctly described as a short point of construction.
It relates to a contract which the appellants, Stewart Milne Group Limited, entered into with the respondents, Aberdeen City Council, for the purchase of land with a view to its development to form a busines... | The Appellants entered into a contract with the Respondents for the purchase of land with a view to its development to form a business park, or for industrial development.
The purchase price was 365,000, but it was subject to a possible uplift (the Profit Share) in the events described in clause 9 of the missives.
This... |
The substantive question in this case is whether it is unlawful discrimination, either on grounds of sexual orientation, or on grounds of religious belief or political opinion, for a bakery to refuse to supply a cake iced with the message support gay marriage because of the sincere religious belief of its owners that g... | Mr and Mrs McArthur are Christians who hold the religious belief that the only form of marriage consistent with Biblical teaching and acceptable to God is that between a man and a woman.
They are the owners of a bakery business (Ashers).
Ashers offered a Build a cake service by which customers could request images or i... |
The appellant has been allowed to remain anonymous for the purpose of these proceedings and has been referred to by the initials, I.A. He is a native of Iran, having been born there on 20 September 1976.
He arrived in the United Kingdom on 23 August 2007 and applied for asylum the following day.
An initial, screening i... | The issue in this appeal is the weight to be accorded to an earlier grant of refugee status by the United Nations High Commission for Refugees (UNHCR) to a claimant who applies for asylum t o the United Kingdom.
The appellant, referred to as IA, is an Iranian national, born in 1976.
He left Iran for Iraq when he was 16... |
These proceedings arise out of a fatal accident in Germany.
On 21 May 2004, Major Christopher Cox, an officer serving with H.M. Forces in Germany, was riding his bicycle on the verge of a road near his base when a car left the road and hit him, causing injuries from which he died.
The driver was Mr Gunther Kretschmer, ... | These proceedings arise out of a fatal accident in Germany.
On 21 May 2004 Major Cox, an officer serving with H.M. Forces in Germany, was riding his bicycle on the verge of a road near his base when a car left the road and hit him, causing injuries from which he died.
The driver was Mr Kretschmer, a German national res... |
This appeal raises two issues of contractual construction in documents relating to the letting of commercial premises at 1 and 3 South Wardpark Place, Wardpark South Industrial Estate, Cumbernauld, Scotland.
The appellant (Batley) is the mid landlord of sub let premises and the respondent (the Council) is the sub tenan... | This appeal from an Extra Division of the Court of Session raises two issues of contractual construction in documents relating to the letting of commercial premises at 1 and 3 South Wardpark Place, Wardpark South Industrial Estate, Cumbernauld, Scotland.
The appellant (Batley) was the mid landlord of sub let premises a... |
This case is concerned with a marine insurance policy on cargo dated 5 July 2005, which incorporated the Institute Cargo Clauses (A) of 1 January 1982.
The policy covered all risks of loss or damage to the subject matter insured except as provided in Clauses 4, 5, 6 and 7 Clause 4.4 excluded loss, damage or expense cau... | This appeal concerns the scope of the exclusion in a marine insurance policy for loss caused by inherent vice in the subject matter insured.
The oil rig Cendor MOPU had been laid up in Galveston, Texas.
In May 2005, it was purchased by the Respondents for conversion into a mobile offshore production unit for use off th... |
These appeals raise a number of points, some technical, others fundamental, relating to the requirements of and consequences of non compliance with the short and inflexible time limits introduced by the Extradition Act 2003.
Parts 1 and 2 of that Act deal with extradition to respectively category 1 territories in pract... | Lukaszewski (L), Pomiechowski (P) and Rozanski (R) are Polish citizens who are each the subject of a European Arrest Warrant (EAW) issued by the Polish court.
Each is wanted in order to serve an existing sentence.
L is wanted, in addition, to stand trial on ten charges of fraud.
The fourth appellant, Halligen (H), is a... |
If a group of people come on to my land without my permission, I shall want the law to provide a speedy way of dealing with the situation.
If they leave but come back repeatedly, depending on the evidence, I shall be able to obtain an interlocutory and final injunction against them returning.
But they may come on to my... | A number of travellers established an unauthorised camp in Hethfelton, one of the woods managed by the Forestry Commission and owned by the Secretary of State for Environment, Food and Rural Affairs.
The Secretary of State sought an order for possession in respect of Hethfelton and other specified woods (also managed b... |
Until relatively recent times, English judges were obliged to impose sentences of imprisonment for life only in cases of murder.
A judge might also impose a discretionary life sentence in other cases where a determinate sentence would not provide adequate protection to the public against the risk of serious harm presen... | These appeals concern the circumstances in which a prisoner serving a life sentence or an indeterminate sentence of imprisonment for public protection (IPP), who has served the minimum period specified for the purposes of retribution and deterrence (the tariff), and whose further detention is justified only if it is ne... |
At issue in this case are the principles which should guide the exercise of the courts discretion in deciding whether to order a child to attend to give evidence in family proceedings.
The current approach was stated by Smith LJ in LM v Medway Council, RM and YM [2007] EWCA Civ 9, [2007] 1 FLR 1698, at para 44: The cor... | In this judgment the Supreme Court reformulates the approach a family court should take when exercising its discretion to decide whether to order a child to give live evidence in family proceedings.
In so doing it removes the presumption or starting point of the current test, which is rarely if ever rebutted, that it i... |
Ms Reyes, a Philippine national, was employed by Mr and Mrs Al Malki as a domestic servant in their residence in London between 19 January and 14 March 2011.
Her duties were to clean, to help in the kitchen at mealtimes and to look after the children.
At the time, Mr Al Malki was a member of the diplomatic staff of the... | Between January and March 2011 the respondents, Mr and Mrs Al Malki, employed Ms Reyes as a domestic servant at their London residence.
Mr Al Malki was a member of the diplomatic staff of the Saudi Arabian embassy in London.
In June 2011, Ms Reyes began proceedings in the Employment Tribunal.
She alleges that Mr and Mr... |
Section 1(1) of the Civil Partnership Act (CPA) 2004 defines a civil partnership as a relationship between two people of the same sex (a) which is formed when they register as civil partners of each other - (i) in England or Wales Under section 2(1) of CPA two people are to be regarded as having registered as civil par... | Under the Civil Partnership Act 2004 (CPA), only two people of the same sex may enter into a civil partnership.
The Marriage (Same Sex couples) Act 2013 (MSSCA) made marriage of same sex couples lawful.
The CPA was not repealed when the MSSCA was enacted.
Consequently, same sex couples wishing to formalise their relati... |
This is a judgment of the Court.
This appeal requires a revisiting of a vexed but highly important topic.
The significance of parenthood in private law disputes about residence and contact has exercised many courts over many years but one might have thought that the final word on the subject had been uttered in the com... | H is a three year old child whose parents separated before his birth.
From the date of his birth until very recently, H has lived with his maternal grandmother, GB.
Hs mother, GLB, lived with her mother and H intermittently at GBs home from the time he was born until July 2006.
She left GBs home then and has not return... |
The liability of employers for deaths caused by mesothelioma has pre occupied courts and legislators over recent years.
The present appeals concern claims to pass the burden of this liability on to insurers, made either by employers or in the case of insolvent employers by the personal representatives of former employe... | These appeals concern the obligations of insurance companies under various contracts of employers liability (EL) insurance.
In particular, the appeals concern the scope of the insurers obligations to indemnify employers against their liabilities towards employees who have contracted mesothelioma following exposure to a... |
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