Uk Supreme Court Court May 2012 Judgments
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R (on the Application of Km) (by His Mother and Litigation Friend Jm) ...
Court: UK Supreme Court
Decided on: May-31-2012
LORD WILSON (WITH WHOM LORD PHILLIPS, LORD WALKER, LORD BROWN, LORD KERR AND LORD DYSON AGREE) A: INTRODUCTION 1. The appellant, KM, is a profoundly disabled man aged 26. He lives in Cambridgeshire with his mother, by whom he acts in these proceedings, and with his brother aged 19 and his sister aged 18. 2. In the proceedings, brought by way of judicial review, the appellant challenges a determination made by Cambridgeshire County Council ("Cambridgeshire") and communicated, at the latest, by a letter dated 3 June 2010 to pay him (in round numbers and as an annual sum) 85k in discharge of its duties to him under section 2(1) of the Chronically Sick and Disabled Persons Act 1970. He contends that the determination was unlawful either because it was not adequately supported by reasons or because it was irrational. He asks that the determination be quashed and either that Cambridgeshire should conduct a re-determination of it or that the court should itself substitute for it a determinati...
Assange Vs. the Swedish Prosecution Authority
Court: UK Supreme Court
Decided on: May-30-2012
LORD PHILLIPS Introduction 1. On 2 December 2010 the Swedish Prosecution Authority ("the Prosecutor"), who is the respondent to this appeal, issued a European Arrest Warrant ("EAW") signed by Marianne Ny, a prosecutor, requesting the arrest and surrender of Mr Assange, the appellant. Mr Assange was, at the time, in England, as he still is. The offences of which he is accused and in respect of which his surrender is sought are alleged to have been committed in Stockholm against two women in August 2010. They include "sexual molestation" and, in one case, rape. At the extradition hearing before the Senior District Judge, and subsequently on appeal to the Divisional Court, he unsuccessfully challenged the validity of the EAW on a number of grounds. This appeal relates to only one of these. Section 2(2) in Part 1 of the Extradition Act 2003 ("the 2003 Act") requires an EAW to be issued by a "judicial authority". Mr Assange contends that the Prosecutor does not fall within the meaning of t...
Lukaszewski and Others Vs. the District Court in Torun, Poland and Oth ...
Court: UK Supreme Court
Decided on: May-23-2012
LORD MANCE (WITH WHOM LORD PHILLIPS, LORD KERR AND LORD WILSON AGREE) 1. These appeals raise a number of points, some technical, others fundamental, relating to the requirements of and consequences of non-compliance with the short and inflexible time limits introduced by the Extradition Act 2003. Parts 1 and 2 of that Act deal with extradition to respectively category 1 territories - in practice other member states of the European Union party to the Council Framework Decision of 13 June 2002 (2002/584/JHA) introducing the European Arrest Warrant, to which Part 1 gives effect - and category 2 territories in relation to which a different and more traditional scheme applies. 2. Each of the schemes contained in Part 1 and 2 leads to the person whose extradition is requested being brought before a judge. The judge then decides, by considering a series of questions laid down in the Act, whether or not, in the case of Part 1, to order extradition or, in the case of Part 2, to send the case to...
Test Claimants in the Franked Investment Income Group Litigation Vs. C ...
Court: UK Supreme Court
Decided on: May-23-2012
LORD HOPE 1. Very substantial judgments have been prepared in this case by Lord Walker, Lord Reed and Lord Sumption, to each of which I pay tribute. I wish in this short introduction to do two things. First, I shall say a bit about the background, to assist the reader in understanding at the outset what the issues are and to provide a guide to the passages in those judgments where they are dealt with. Second, I shall indicate briefly what my opinion is on each of them. I will however have to say a bit more about the one issue on which the court is divided: the DMG remedy/section 320 issue: see para 11, below. As it raises a question of EU law and the division of opinion shows that the answer to it is not acte clair, it is plain that it will need to be the subject of a reference to the Court of Justice for a preliminary ruling under article 267 TFEU. The proceedings 2. As Henderson J explained at the outset of his judgment [2008] EWHC 2893 (Ch), [2009] STC 254, para 1, the Franked Inve...
Njdb Vs. Jeg and Another
Court: UK Supreme Court
Decided on: May-23-2012
LORD REED (WITH WHOM LADY HALE, LORD CLARKE AND LORD WILSON AGREE) 1. This appeal concerns a child, S, who was born on 1 April 2000. His father is the appellant, and his mother is the first respondent. The second respondent is a solicitor who was appointed as curator ad litem to S in respect of these proceedings. The issue between the parties is whether the appellant should have contact with S. 2. The appellant and the first respondent began a relationship in 1997. It ended a few months after S's birth. The first respondent subsequently married BG. She has a daughter, Z, by a prior relationship. She also has a son, A, by her marriage to BG. 3. After the relationship between the appellant and the first respondent ended, the appellant had residential contact with both Z and S for some time. In October 2003 the appellant began proceedings in Alloa Sheriff Court in which he sought an order finding that he had parental rights and responsibilities in relation to both Z and S. He also sought ...
Humphreys (FC) Vs. Commissioners for Her Majesty's Revenue and Customs
Court: UK Supreme Court
Decided on: May-16-2012
LADY HALE (with whom Lord Walker, Lord Clarke, Lord Wilson and Lord Reed agree) 1. The issue is simply stated. Child tax credit (CTC) is payable to one person only in respect of each child, even where the care of the child is shared between separated parents. It is (now) accepted that entitlement to CTC falls within the ambit of article 1 of the First Protocol to the European Convention on Human Rights (Protection of property): see R (RJM) v Secretary of State for Work and Pensions [2008] UKHL 63, [2009] 1 AC 311. It is (now) accepted that the rule discriminates indirectly against fathers, because experience shows that they are far more likely than mothers to be looking after the child for the smaller number of days in the week. The question, therefore, is whether this discrimination is justified or whether the refusal of CTC to a father who looks after his children for three days a week is incompatible with his convention rights. If it is incompatible there is a further question as t...
S.A. Petroleo Brasileiro Vs. E.N.E. Kos 1 Limited
Court: UK Supreme Court
Decided on: May-02-2012
LORD SUMPTION (WITH WHOM LORD WALKER AGREES) 1. This appeal is about the rights of the owner of a time-chartered ship after the ship has been lawfully withdrawn for non-payment of hire. The question must often have arisen in practice but, oddly enough, there is no direct authority upon it. 2. The MT Kos is a 301,000 mt VLCC. She was time chartered by her owners to Petroleo Brasileiro SA on 2 June 2006 for 36 months plus or minus 15 days at charterers' option. The charterparty, which was on the Shelltime 3 Form, contained a standard form of withdrawal clause providing that if hire was not paid when due, the owners should have the right to withdraw the vessel "without prejudice to any claim owners may otherwise have on charterers under this charter." It is increasingly common for such contracts to include anti-technicality clauses requiring notice to be given before this right is exercised. But for whatever reason no anti-technicality clause was included in this case. So when, on 31 May ...
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