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5 Dec 2016, 2:30 am
He referenced the case of R v Secretary of State for Foreign and Commonwealth Affairs ex parte Rees-Mogg discussed earlier today to support his submission on behalf of the government that when Parliament wants to exercise control over the prerogative power then it has done so expressly. 16.21: In response to a query from Lord Mance about the relevance of the legislation after the ECA 1972, James Eadie QC submits that as Article 50 was not in existence until… [read post]
27 Jul 2016, 2:28 am
Lord Wilson have the leading judgment, with which Lady Hale, Lord Kerr, Lord Reed and Lord Toulson agree. [read post]
21 Nov 2011, 1:45 am
In the last two years the Supreme Court has grappled with this conundrum in various ways: in relation to control orders; allegations of terrorist financing (SSHD v AF [2009] UKHL 28); compensation for those who have suffered miscarriage of justice (R (Adams) v Secretary of State for Justice [2011] UKSC 18); and criminal conduct as the subject of disciplinary proceedings (R (G) v The Governors of X School [2011] UKSC 30). [read post]
31 Oct 2011, 3:42 am
On Friday 4 November the matter of Secretary of State for Work and Pensions v Payne & Anor will be heard in Courtroom 2 by Lady Hale and Lords Brown, Mance, Kerr and Wilson. [read post]
1 Feb 2012, 6:18 am
Judgment Lord Neuberger MR delivered the sole judgment. [read post]
16 Jul 2011, 10:00 pm
The obvious drawback of this “preposterous” position (Lord Brown [read post]
18 Nov 2015, 2:08 am
Lord Hodge and Lord Neuberger also gave substantive judgments agreeing that the Rule itself was not disproportionate but that the guidance may result in a significant number of cases in which the article 8 rights of individuals will be breached. [read post]
23 Nov 2018, 8:09 am
This week, the UK Supreme Court refused permission to appeal in the matter of Secretary of State for Exiting the European Union v Wightman and others. [read post]
15 Dec 2016, 1:00 am
Factual background The appellant, Mr Charles McCann has been detained as a patient of the State Hospital, Carstairs since the mid-1990s. [read post]
22 Mar 2011, 12:33 pm
Lord Walker points out that the 2002 Regulations were clearly aimed at catching foreign nationals seeking to take advantage of the UK benefit system (a point acknowledged by Lord Hope at para 49). [read post]
21 May 2012, 6:42 am
R (HH) v Deputy Prosecutor of the Italian Republic, R (PH) v Deputy Prosecutor of the Italian Republic, Genoa, BH (AP) and another v The Lord Advocate and another (Scotland), KAS or H (AP) v The Lord Advocate and another (Scotland) and Genoa Filipek-Kwasny v Polish Judicial Authority, heard 5 – 8 March 2012. [read post]
13 Apr 2015, 1:55 am
The majority contrasted the case at hand with ECHR cases such as Üner v Netherlands and X v Austria where the ECHR had considered the best interests of the child in determining the proportionality of an interference with parents’ rights under article 8 alone and article 8 combined with article 14. [read post]
30 Nov 2018, 7:36 am
The Supreme Court Lords Wilson, Carnwath, Hughes, Lloyd-Jones and Lady Black allowed the appeal. [read post]
7 Dec 2016, 2:11 am
The Lord Advocate replies that this is a fair observation. [read post]
3 Jul 2012, 2:11 am
In relation to control, no material difference as regards the position of the state. 15.07: Thomas de la Mare QC takes the Court through the cases of Barnado and Mallin v Clark. [read post]
3 Oct 2022, 9:02 am
The stated intention is to hold this vote on 19 October 2023. [read post]
8 Apr 2016, 9:15 am
On the 9-10 February 2016 the case was heard by a panel of five – Lord Neuberger, Lord Clarke, Lord Sumption, Lord Carnwath and Lord Hodge. [read post]
14 Nov 2011, 2:14 am
Secretary of State for Work and Pensions v Payne & Anor, heard 4 November 2011. [read post]
8 Dec 2011, 8:39 pm
In AEI Ltd v Phonographic Performance Limited [1999] 1 WLR 1507, Lord Woolf MR stated: “…it is no longer necessary for a party to have acted unreasonably or improperly to be deprived of his costs of a particular issue on which he has failed. [read post]
12 May 2012, 4:51 am
After two days of argument (spread over three days due to the State Opening of Parliament) judgment was reserved. [read post]
