Uk Supreme Court Court February 2011 Judgments
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Mayor and Burgesses of the London Borough of Hounslow (Respondents) Vs ...
Court: UK Supreme Court
Decided on: Feb-23-2011
LORD HOPE 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 1985. Two of them, Leeds City Council v Hall ("Hall") and Birmingham City Council v Frisby ("Frisby"), are cases where the claims for possession were made against tenants occupying under introductory tenancies entered into under Chapter 1 of Part V of the Housing Act 1996. In the third, London Borough of Hounslow v Powell ("Powell"), the claim for possession was made against a person who was granted a licence of property under the homelessness regime in Part VII of the 1996 Act. Permission to appeal was given in a fourth case, Salford City Council v Mullen. But the proceedings in that case were stayed to await the outcome of these appeals. Common to all three ...
R Vs. Forsyth (Appellant) R
Court: UK Supreme Court
Decided on: Feb-23-2011
LORD BROWN, delivering the judgment of the court The appellants await trial in the Crown Court at Southwark on three counts of an indictment. Count two charges them with "making funds available to Iraq, contrary to articles 3(a) and 11(4) of the Iraq (United Nations Sanctions) Order 2000 and section 1 of the United Nations Act 1946". The particulars of offence allege that the appellants "being directors of Mabey and Johnson Ltd, between 1 May 2001 and 1 November 2002, consented to, or connived in, the making of ‚422,264 available to the government of the Republic of Iraq, or a person resident in the Republic of Iraq, by Mabey and Johnson, without the authority of a licence granted by the Treasury." Mabey and Johnson Ltd were in the business of exporting pre-fabricated bridges to developing countries and the essential allegation against the appellants is that they consented to the company's entering into an arrangement which facilitated the Iraqi Government's avoidance of intern...
Manchester City Council (Respondent) Vs. Pinnock (Appellant) (No. 2)
Court: UK Supreme Court
Decided on: Feb-09-2011
LORD NEUBERGER Following the handing down of our judgment on 3 November 2010, the parties have made written submissions on two issues, namely the terms of the consequential order which the court should make, and the allocation of costs. The issue relating to the terms of the order gives rise to a point of a little difficulty and potentially more general application. It therefore seems right to set out our conclusions and reasons on the two issues in this short further judgment. Introductory In summary terms, the facts giving rise to the appeal were as follows. Mr Pinnock was a demoted tenant of residential premises (and therefore had limited statutory protection), and his landlord, Manchester City Council, applied to the Manchester County Court for an order for possession against him. In a judgment given on 22 December 2008, His Honour Judge Holman rejected Mr Pinnock's contention that the court had to be satisfied that article 8 of the Convention was satisfied before making an order...
Brent London Borough Council and Others (Harrow London Borough Council ...
Court: UK Supreme Court
Decided on: Feb-09-2011
LORD HOPE 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 have an interest. It relieves its members of the profit element which is built into an ordinary commercial premium. The criteria for membership may also reduce the level of risk, and thus the overall cost of cover, in comparison with the level of premium that is needed where risks are accepted from a large number of policy holders, some of whom represent a greater risk than others. The aim of the arrangements that the London local authorities entered into was to reduce the cost of premiums to its members and to raise the standard of risk management. In pursuing these objectives they were acting solely in the public interest. The insurance was to be provided b...
Zh (Tanzania) (Fc) (Appellant) Vs. Secretary of State for the Home Dep ...
Court: UK Supreme Court
Decided on: Feb-01-2011
LADY HALE (with whom Lord Brown and Lord Mance agree) The over-arching issue in this case is the weight to be given to the best interests of children who are affected by the decision to remove or deport one or both of their parents from this country. Within this, however, is a much more specific question: in what circumstances is it permissible to remove or deport a non-citizen parent where the effect will be that a child who is a citizen of the United Kingdom will also have to leave? There is, of course, no power to remove or deport a person who is a United Kingdom citizen: see Immigration Act 1971, section 3(5) and (6). They have a right of abode in this country, which means that they are free to live in, and to come and go into and from the United Kingdom without let or hindrance: see 1971 Act, sections 1 and 2. The consistent stance of the Secretary of State is that UK citizens are not compulsorily removed from this country (eg Phil Woolas, Hansard, Written Answers, 15 June 2009)....
Global Process Systems Inc and Another (Respondents) Vs. Syarikat Taka ...
Court: UK Supreme Court
Decided on: Feb-01-2011
LORD SAVILLE 1. 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 caused by inherent vice or nature of the subject matter insured" from the cover provided by the policy. 2. The subject matter of the insurance was the oil rig "Cendor MOPU." This oil rig had been laid up in Galveston, Texas. In May 2005 it was purchased by the respondents (the assured under the policy) for conversion into a mobile offshore production unit ("MOPU") for use in the Cendor Field off the coast of East Malaysia. The insurance covered the loading, carriage and discharge of the oil rig on the towed barge "Boabarge 8" from Galveston in the United States to Lumut in Malaysia. The total sum covered was Malaysian Ringgits 38m (US$10m) with a deducti...
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