Uk Supreme Court Court October 2012 Judgments
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Secretary of State for Foreign and Commonwealth Affairs and Others Vs. ...
Court: UK Supreme Court
Decided on: Oct-31-2012
LORD KERR (WITH WHOM LORD DYSON AND LORD WILSON AGREE) 1. On 20 March 2003 military operations involving armed forces of the United States of America and the United Kingdom began in Iraq. Exactly six weeks later, on 1 May 2003, major combat operations came formally to an end. The United Kingdom became one of two occupying powers. The other was the United States. 2. On 16 October 2003, the United Nations Security Council adopted Resolution 1511 (2003) which authorised, "a multinational force under unified command to take all necessary measures to contribute to the maintenance of security and stability in Iraq". From that date, UK Armed Forces deployed in Iraq formed part of that multinational force (MNF) and were responsible for security and stabilisation operations in south eastern Iraq as part of the Multi National Division (South East) (MND (SE)). 3. In February 2004 Yunus Rahmatullah, a citizen of Pakistan, was taken into custody by British forces. This took place outside MND (SE) a...
Jessy Saint Prix Vs. Secretary of State for Work and Pensions
Court: UK Supreme Court
Decided on: Oct-31-2012
LADY HALE (with whom Lord Neuberger, Lord Mance, Lord Kerr and Lord Reed agree) 1. The issue in this case is whether a woman who has temporarily left work because of the late stages of pregnancy and early aftermath of childbirth is to be treated as a 'worker' for the purpose of the right of free movement enshrined in article 45 of the Treaty on the Functioning of the European Union (TFEU) and more specifically the right of residence conferred by Article 7 of Directive 2004/38/EC of the European Parliament and of the Council on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (the Citizenship Directive). Upon this depends her entitlement to income support, a non-contributory, means-tested benefit. Under UK domestic law, a pregnant woman within 11 weeks of her expected date of confinement is not required to be available for, or actively to seek, work. However, a national of another EU state will be excluded as...
Birmingham City Council Vs. Abdulla and Others
Court: UK Supreme Court
Decided on: Oct-24-2012
LORD WILSON (with whom Lady Hale and Lord Reed agree) 1. Birmingham City Council ("Birmingham") appeals against the order of the Court of Appeal (Mummery and Davis LJJ and Dame Janet Smith) dated 29 November 2011, whereby it dismissed Birmingham's appeal against the order of Mr Colin Edelman QC, sitting as a deputy judge of the High Court, Queen's Bench Division, dated 17 December 2010. The deputy judge had dismissed Birmingham's application for a direction that the claims made against it by 174 claimants, joined as parties to the single action, should be struck out. 2. The claimants allege that they are former employees of Birmingham. All except four of them are women. The claims, which were issued in the High Court on 30 July 2010, were founded on an alleged breach of the "equality clause" which, by section 1(1) of the Equal Pay Act 1970 ("the Act"), as substituted by section 8(1) of the Sex Discrimination Act 1975, was deemed to have been included in their contracts of employment. O...
Eurofinance Sa and Others Vs. RubIn and Others
Court: UK Supreme Court
Decided on: Oct-24-2012
LORD COLLINS (with whom Lord Walker and Lord Sumption agree) I Introduction The appeals 1. There are two appeals before the court: Rubin v Eurofinance SA ("Rubin") and New Cap Reinsurance Corpn Ltd v Grant ("New Cap"). These appeals raise an important and novel issue in international insolvency law. The issue is whether, and if so, in what circumstances, an order or judgment of a foreign court (on these appeals the United States Bankruptcy Court for the Southern District of New York, and the New South Wales Supreme Court) in proceedings to adjust or set aside prior transactions, eg preferences or transactions at an undervalue ("avoidance proceedings"), will be recognised and enforced in England. The appeals also raise the question whether enforcement may be effected through the international assistance provisions of the UNCITRAL Model Law (implemented by the Cross-Border Insolvency Regulations 2006 (SI 2006/1030) ("CBIR")), which applies generally, or the assistance provisions of secti...
Bcl Old Co Limited and Others Vs. Basf Plc and Others
Court: UK Supreme Court
Decided on: Oct-24-2012
LORD MANCE (with whom Lord Phillips, Lord Walker, Lord Clarke and Lord Wilson agree) Introduction 1. The first issue on this appeal is whether a statutory limitation period, which would otherwise bar the claim of the four appellants against the three respondents for damages for participation in an unlawful cartel, failed to comply with the European legal principles of effectiveness and legal certainty. If it was, the second issue is what if any effect that has on the application of that limitation period as between parties to civil litigation, in which it has now been held that the limitation period applies as a matter of domestic law to bar the claim. I will refer to the appellants and the respondents respectively as BCL and BASF. 2. The cartel related to the supply of vitamins within the European Union. By Commission Decision COMP/E-1/37.512 of 21 November 2001, the European Commission found that the cartel infringed Article 81 of the EC Treaty (now TFEU 101) and imposed fines accord...
Walton Vs. the Scottish Ministers (Scotland)
Court: UK Supreme Court
Decided on: Oct-17-2012
LORD REED 1. In this application under paragraph 2 of Schedule 2 to the Roads (Scotland) Act 1984 ("the 1984 Act"), Mr Walton challenges the validity of schemes and orders made by the Scottish Ministers under that Act to allow the construction of a new road network in the vicinity of Aberdeen. The basis on which the schemes and orders are challenged, as ultimately argued before this court, is that the Ministers have failed to comply with the requirements of the Strategic Environmental Assessment Directive (Directive 2001/42/EC, OJ 2001 L197/30) ("the SEA Directive"), or in any event with common law requirements of fairness. In the light of observations made by the Extra Division of the Inner House of the Court of Session (Walton v Scottish Ministers [2012] CSIH 19), it will also be necessary to consider questions relating to remedies. These include the question whether, even if a failure to comply with the directive were established in the present case, Mr Walton should in any event be...
Williams and Others Vs. British Airways Plc
Court: UK Supreme Court
Decided on: Oct-17-2012
LORD MANCE(with whom Lord Hope, Lord Walker, Lord Clarke and Lord Sumption agree) Introduction 1. By its judgment in this appeal dated 24 March 2010 the Supreme Court referred to the Court of Justice five questions regarding the nature and assessment of the concept of "paid annual leave" in articles 7 of Council Directives 93/104/EC and 2003/88/EC and clause 3 of the European Agreement annexed to and intended to be implemented under Council Directive 2000/79/EC. The Court of Justice by its judgment dated 15 September 2011 gave its response: British Airways plc v Williams (Case C-155/10) [2012] ICR 847. The parties are now at odds as to its consequences for the dispute between them. 2. Clause 3 of the European Agreement reads: "(1) Mobile staff in civil aviation are entitled to paid annual leave of at least four weeks, in accordance with the conditions for entitlement to, and granting of, such leave laid down by national legislation and/or practice. (2) The minimum period of paid annual...
Day and Others Vs. Hosebay Limited and Another
Court: UK Supreme Court
Decided on: Oct-10-2012
LORD CARNWATH (with whom Lord Phillips, Lord Walker, Lord Mance, Lord Clarke, Lord Wilson and Lord Sumption agree) Introduction 1. The Leasehold Reform Act 1967 is on its face a statute about houses, not commercial buildings. The buildings with which we are concerned were originally designed and used as houses, but at the relevant date were used entirely for commercial purposes, one for offices, the other (in the judge's words) as a "self-catering hotel". In both cases the courts below felt constrained to hold that they were "houses" within the meaning of the 1967 Act, with the consequence that the lessees were entitled to "enfranchise", that is, to acquire the freeholds compulsorily from their lessors on the terms fixed by the Act. 2. In the Court of Appeal [2010] EWCA Civ 748; [2010] 1 WLR 2317 Lord Neuberger of Abbotsbury MR regretted this result. He saw it as the probably unintended consequence of amendments made by the Commonhold and Leasehold Reform Act 2002, removing the previou...
R Vs. Varma
Court: UK Supreme Court
Decided on: Oct-10-2012
LORD CLARKE (with whom Lord Dyson and Lord Reed agree) Introduction 1. On 27 November 2008, at the Crown Court in Isleworth, the respondent, Aloke Varma, pleaded guilty to three offences of being knowingly concerned in the fraudulent evasion of duty, contrary to section 170(2)(a) of the Customs and Excise Management Act 1979. The offences were committed on 24 October 2007 and 3 and 13 April 2008. On each occasion the defendant was stopped at Gatwick Airport and found to be in possession of a quantity of tobacco which he had brought into the United Kingdom without payment of the relevant import duties. Following his pleas of guilty, the matter was adjourned for sentence. 2. I take these facts from the agreed statement of facts and issues. On 15 January 2009 His Honour Judge Katkhuda ("the judge"), exercising his powers under section 12 of the Powers of Criminal Courts (Sentencing) Act 2000, sentenced Varma to a conditional discharge for a period of two years. In deciding that this was t...
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