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Costs budgets – now with sharp teeth. If you want more than your budget, apply.
Elvanite Full Circle v. AMEC Earth & Environmental (UK) Ltd [2013] EWHC 1643 (TCC), Coulson J read judgment The Jackson reforms, which are designed to stop lawyers spending too much of their...
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Supreme Court gives the go ahead for negligence and human rights claims for...
Smith and Others (Appellants) v The Ministry of Defence (Respondent); Ellis and another (FC) (Respondents) v Ministry of Defence (Appellant); Allbutt and others (FC) (Respondents) v The Ministry of...
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Supreme Court – Measures against Iranian bank unlawful, and the secret...
Bank Mellat v HM Treasury [2013] UKSC 38 (CMP: see judgment) and 39 (main: see judgment) Two sets of judgments today from a 9-judge Supreme Court in the Bank Mellat case. The first explains why the...
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‘Good lawyers save money’: Supreme Court President weighs in on Legal Aid
According to the President of the Supreme Court, the judiciary not only has a right but an obligation “to speak out on matters concerning the rule of law.” In recent months, it is a duty from which...
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Supreme Court considers conditions for removing child for adoption
In the matter of B (a child) (FC) [2013] UKSC 33 – read judgment This appeal concerned whether a child of two years of age should be permanently removed from her parents and placed for adoption; and,...
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“Snatch Rover” case – inviting judges into the theatre of war?
Smith and Others (Appellants) v The Ministry of Defence (Respondent) and other appeals – read judgment and our previous post for summary of the facts So, the Supreme Court has refused to allow these...
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Judicial Review almost never possible where there is a statutory right of appeal
R(on the application of Christopher Wilford) v The Financial Services Authority [2013] EWCA Civ 677 – Read judgment This Court of Appeal judgment further reduces the scope for judicial review of a...
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An ABC on proportionality – with Bank Mellat as our primer
Bank Mellat v HM Treasury [2013] UKSC 39 (see judgment) My post of earlier this week explained why the majority of the Supreme Court struck down a direction telling all financial institutions not to...
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Legal Aid Antipathy, MoD Worries and Scrutinising Surveillance – The Human...
Welcome back to the UK Human Rights Roundup, your regular grape and strawberry fondu of human rights news. The full list of links can be found here. You can also find our table of human rights cases...
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A1P1 and property rights in the Supreme Court again
Cusack v. London Borough of Harrow [2013] UKSC, 19 June 2013 read judgment This is the tale of how a solicitor from Harrow ended up litigating about his off-street parking in the Supreme Court – and...
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Sacking GP from government drugs advisor post for ‘anti-gay’ views was lawful
R (Dr Hans-Christian Raabe) v. Secretary of State for the Home Department [2013] EWHC 1736 (Admin) – read judgment Dr Hans-Christian Raabe lost his judicial review challenge to the revocation of his...
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The Sun gets regulator reprimand and publishes correction for misleading on...
Updated | Remember Inhuman Rights, The Sun’s garbled reporting of this Court of Appeal decision on Criminal Record Bureau checks? In February, I wrote this: No, The Sun, the Human Rights Act is not the...
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The good Samaritan doctor and the Human Tissue Act
CM v The Executor of the Estate of EJ (deceased) [2013] EWHC 1680 (Fam) – read judgment You would have thought the law would be entirely behind a person who intervenes to help a stranger in distress....
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A historic leap forward for equal pay claimants?
Dumfries and Galloway -v- North [2013] UKSC 45 - Read judgment Yesterday’s much heralded equal pay ‘victory’ in the Supreme Court (see BBC Report) undoubtedly will be good news for the specific female...
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Civil courts not open to attempts to re-run criminal trials
Salahuddin Amin v Director General of MI5, Chief of MI6, the FCO, the Home Office and the Attorney General- [2013] EWHC 1579 (QB) – read judgment Do not be misled by the impressive cast list of...
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US Supreme Court opens door to marriage equality, UK coming next
Hollingsworth v Perry - No. 12–144 – Read judgment United States v Windsor - No. 12–307 – Read judgment In rulings that have the potential to influence the jurisprudence of courts around the world, the...
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The End of DOMA, Squeezing Justice and Breaching the Editors’ Code – The...
Welcome back to the UK Human Rights Roundup, your regular LS Lowry matchstick panorama of human rights news and views. The full list of links can be found here. You can also find our table of human...
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There is no right ‘to be forgotten’ by internet search engines
Case C-131/12: Google Spain SL & Google Inc. v Agencia Española de Protección de Datos (AEPD) & Mario Costeja González – read Opinion of AG Jääskinen This reference to the European Court of...
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Brain-damaged claimant fails in Article 8 claim against Council
Bedford v. Bedfordshire County Council, 21 June 2013, Jay J - read judgment On 29 May 2004, Bradley Bedford, then aged 13, was beaten senseless by one AH, then 15, whom he had the misfortune to...
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High level Parliamentary committee asks whether mental capacity laws are working
Updated | The House of Lords ad hoc Select Committee on the Mental Capacity Act 2005 has now heard three sessions of evidence, and is currently calling for written evidence (deadline 3 September –...
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