Uk Supreme Court Court December 2012 Judgments
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Kinloch (AP) Vs. Her Majesty's Advocate (Scotland)
Court: UK Supreme Court
Decided on: Dec-19-2012
LORD HOPE (with whom Lady Hale, Lord Mance, Lord Kerr and Lord Reed agree) 1. This is an appeal under paragraph 13(a) of Schedule 6 to the Scotland Act 1998, which provides that an appeal lies to this court against a determination of a devolution issue by a court of two or more judges of the High Court of Justiciary. But the circumstances that have led to its coming here cannot be regarded as satisfactory. It is far from clear that the issue identified in the devolution minute is a devolution issue within the meaning of paragraph 1(d) of Schedule 6. As the determination against which the appeal has been brought was taken on paper at the second sift, we do not have a fully reasoned opinion of the judges for the decision that they took to refuse to grant leave to appeal. The motion for leave to appeal to the Supreme Court against their determination was not opposed by the Lord Advocate on the question of jurisdiction, although he did oppose it on the ground that it did not raise a matter...
Geys Vs. Societe Generale, London Branch
Court: UK Supreme Court
Decided on: Dec-19-2012
LORD HOPE 1. The appellant, Raphael Geys, is a Belgian national. He is in dispute with his former employer, Socit Gnrale, London Branch ("the Bank"), about the amount due to him following his summary dismissal from his employment. His case is that he was dismissed on 6 January 2008, and that he is entitled to a sum contractually due to him in the form of a termination payment amounting to more than ‚12.5m and to damages for breach of contract. The Bank's case is that the appellant is entitled to a termination payment of no more than ‚7m, as he was dismissed on 29 November 2007 or at the latest 18 December 2007. It also maintains that, having regard among other things to the terms of his employment contract, it is not open to the appellant to claim damages. The case went to trial before Mr George Leggatt QC sitting as a Deputy High Court Judge. On 25 March 2010 he found that the appellant was dismissed on 6 January 2008. He gave judgment for the appellant in a sum to be asse...
In the Matter of a (a Child)
Court: UK Supreme Court
Decided on: Dec-12-2012
LADY HALE (with whom Lord Neuberger, Lord Clarke, Lord Wilson and Lord Reed agree) 1. We are asked in this case to reconcile the irreconcilable. On the one hand, there is the interest of a vulnerable young woman (X) who made an allegation in confidence to the authorities that while she was a child she had been seriously sexually abused by the father of a little girl (A) who is now aged 10. On the other hand we have the interests of that little girl, her mother (M) and her father (F), in having that allegation properly investigated and tested. These interests are not only private to the people involved. There are also public interests, on the one hand, in maintaining the confidentiality of this kind of communication, and, on the other, in the fair and open conduct of legal disputes. On both sides there is a public interest in protecting both children and vulnerable young adults from the risk of harm. The history 2. M, who is British, and F, who is Australian, married in 2000 and lived i...
X Vs. Mid Sussex Citizens Advice Bureau and Another
Court: UK Supreme Court
Decided on: Dec-12-2012
LORD MANCE (with whom Lord Neuberger, Lord Walker, Lady Hale and Lord Wilson agree) Introduction 1. Any responsible organisation aims to combat discrimination on the grounds of disability “ or indeed any other characteristic protected by the Equality Act 2010 - and will do so for the benefit of persons serving or wishing to serve as volunteers in the organisation no less than anyone else. But the present appeal is not about this moral imperative. It is about whether, under European and domestic law, discrimination against volunteers, or some categories of volunteer, on the grounds of disability is currently unlawful and if so how the relevant volunteers are to be defined. 2. The appellant has both academic and practical qualifications in law. From 12th May 2006 she became a volunteer adviser for the respondent, the Mid Sussex Citizens Advice Bureau ("the CAB"). She did this after an interview in which it was explained that there would be no binding legal contract between her and ...
imperial Tobacco Limited Vs. the Lord Advocate (Scotland)
Court: UK Supreme Court
Decided on: Dec-12-2012
LORD HOPE (with whom Lord Walker, Lady Hale, Lord Kerr and Lord Sumption agree) 1. The question in this appeal is whether sections 1 and 9 of the Tobacco and Primary Medical Services (Scotland) Act 2010 ("the 2010 Act") are outside the legislative competence of the Scottish Parliament. Section 28(1) of the Scotland Act 1998 ("the 1998 Act") provides that, subject to section 29, the Scottish Parliament may make laws, to be known as Acts of the Scottish Parliament. Section 29(1) provides that an Act of the Scottish Parliament is not law so far as any provision of the Act is outside the legislative competence of the Parliament. 2. Five of the various rules that affect the legislative competence of the Parliament are in point in this case. Section 29(2)(b) provides that a provision is outside that competence so far as it relates to reserved matters, details of which are set out in Schedule 5. Section 29(2)(c) provides that a provision is outside competence if it is in breach of the restric...
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