Uk Supreme Court Court March 2011 Judgments
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Jones (Appellant) Vs. Kaney (Respondent)
Court: UK Supreme Court
Decided on: Mar-30-2011
LORD PHILLIPS Introduction "A feature of the trial is that in the public interest all those directly taking part are given civil immunity for their participationThus the court, judge and jury, and the witnesses including expert witnesses are granted civil immunity. This is not just privilege for the purposes of the law of defamation but is a true immunity" - Arthur JS Hall and Co v Simons [2002] 1 AC 615, 740, per Lord Hobhouse of Woodborough. In Stanton v Callaghan 2000] QB 75 the Court of Appeal held that the immunity of an expert witness extended to protect him from liability for negligence in preparing a joint statement for use in legal proceedings pursuant to RSC, Ord 38, r 38. The claim in this case relates precisely to such negligence and was, for that reason, struck out by Blake J on 22 January 2010. He certified, however, that the case involved a point of law of general public importance and granted a "leapfrog certificate" under section 12 of the Administration of Justice Ac...
Duncombe and Others (Respondents) Vs. Secretary of State for Children, ...
Court: UK Supreme Court
Decided on: Mar-30-2011
LADY HALE (with whom Lord Rodger agrees) We are concerned with the employment, by the Secretary of State for Children, Schools and Families, of teachers to work in the European Schools. These are schools set up to provide a distinctively European education principally for the children of officials and employees of the European Communities. The Staff Regulations, made by the Board of Governors pursuant to the Convention defining the Statute of the European Schools, limit the period for which teachers may be seconded to work in those schools to a total of nine years (or exceptionally ten). This is made up of an initial probationary period of two years, and a further period of three years, which is renewable for a further four years. The principal question before us is whether these arrangements can be objectively justified as required by the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (SI 2002/2034) ('the Fixed-term Regulations'). This was the measure...
Walumba Lumba (Previously Referred to as Wl) (Congo) 1 and 2 (Appellan ...
Court: UK Supreme Court
Decided on: Mar-23-2011
LORD DYSON Introduction These two cases raise a number of important issues in relation to the detention pending deportation of foreign national prisoners ("FNPs") following the completion of their sentences of imprisonment. Section 3(5)(a) of the Immigration Act 1971 ("the 1971 Act") provides that a person who is not a British citizen is liable to deportation from the United Kingdom if the Secretary of State "deems his deportation to be conducive to the public good". Schedule 3 to the 1971 Act provides in certain specified circumstances for the detention of such a person pending his deportation. Walumba Lumba is a citizen of the Democratic Republic of Congo ("DRC") who entered the UK on 10 April 1994. He was convicted of a number of offences culminating in an offence of wounding with intent for which he was sentenced to 4 years' imprisonment on 12 January 2004. On 3 April 2006, the Secretary of State informed Mr Lumba of his intention to deport him under section 3(5)(a) of the 1971 A...
Patmalniece (Fc) (Appellant) Vs. Secretary of State for Work and Pensi ...
Court: UK Supreme Court
Decided on: Mar-16-2011
LORD HOPE (with whom Lord Rodger agrees) The issue in this appeal is whether the conditions of entitlement to state pension credit prescribed by regulation 2 of the State Pension Credit Regulations 2002 (SI 2002/1792) ("the 2002 Regulations") are compatible with EU law. Regulation 2 is not easy to summarise in a few words, but its general effect is to restrict entitlement to state pension credit to those who have a right to reside in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland ("the Common Travel Area"). The question is whether this is compatible with article 3(1) of Council Regulation (EC) No 1408/71 ("Regulation 1408/71"). Regulation 1408/71 was replaced on 1 May 2010 by Regulation (EC) No 883/2004, which need not be examined as all the relevant events preceded that date. Article 2(1) of Regulation 1408/71 provides that the Regulation applies to employed persons or self-employed persons who are or have been subject to the social security legi...
Sienkiewicz (Administratrix of the Estate of Enid Costello Deceased) ( ...
Court: UK Supreme Court
Decided on: Mar-09-2011
LORD PHILLIPS Introduction 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 asbestos dust. This was advanced for the first time in Fairchild v Glenhaven Funeral Services Ltd [2002] UKHL 22; [2003] 1 AC 32 and developed in Barker v Corus UK Ltd [2006] UKHL 20; [2006] 2 AC 572. Parliament then intervened by section 3 of the Compensation Act 2006 further to vary this rule. The rule in its current form can be stated as follows: when a victim contracts mesothelioma each person who has, in breach of duty, been responsible for exposing the victim to a significant quantity of asbestos dust and thus creating a "material increase in risk" of the victim contracting the disease will be held to be jointly and severally liable for c...
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