Uk Supreme Court Court July 2012 Judgments
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T (Children)
Court: UK Supreme Court
Decided on: Jul-25-2012
LORD PHILLIPS, DELIVERING THE JUDGMENT OF THE COURT Introduction 1. It is rare for the Supreme Court to entertain an appeal that relates exclusively to costs, but this appeal raises an important issue of principle in relation to the liability of a local authority to pay the costs of a party to care proceedings. 2. The proceedings related to two children, whose parents were separated. The children made allegations of sexual abuse by their father and six other men in which the father's parents ("the grandparents") had colluded. These allegations were included by the appellant ("the Council") in the schedule of matters relied upon in the care proceedings as meeting the threshold criteria for a care order under section 31(2) of the Children Act 1989. The grandparents were joined as interveners, as were five of the six men. The judge conducted a discrete fact-finding hearing which occupied a total of five and a half weeks between February and December 2009. The lengthy findings that he then...
Secretary of State for the Home Department and Another Vs. Rt (Zimbabw ...
Court: UK Supreme Court
Decided on: Jul-25-2012
LORD DYSON (WITH WHOM LORD HOPE, LADY HALE, LORD CLARKE, LORD WILSON AND LORD REED AGREE) 1. Is it an answer to a refugee claim by an individual who has no political views and who therefore does not support the persecutory regime in his home country to say that he would lie and feign loyalty to that regime in order to avoid the persecutory ill-treatment to which he would otherwise be subjected? This is the question of general importance that arises in these appeals which are a sequel to the decision of this court in HJ (Iran) v Secretary of State for the Home Department [2011] 1 AC 596. In that case, it was held that a gay man was entitled to live freely and openly in accordance with his sexual identity under the Refugee Convention ("the Convention") and it was no answer to the claim for asylum that he would conceal his sexual identity in order to avoid the persecution that would follow if he did not do so. I shall refer to this as "the HJ (Iran) principle". 2. These cases fall to be ...
Grampian Health Board Vs. Hewage
Court: UK Supreme Court
Decided on: Jul-25-2012
LORD HOPE (WITH WHOM LADY HALE, LORD MANCE, LORD KERR AND LORD REED AGREE) 1. The respondent, Mrs Sumithra Hewage, was born in Sri Lanka. She has been a British citizen since 1998. She has devoted her professional career to the practice of dentistry. Her speciality is orthodontics. On 1 December 1993 she commenced employment with Grampian Health Board ("the Board") at Aberdeen Royal Infirmary as a consultant orthodontist. In 1996 she became Head of Service for the Orthodontics Department. She resigned from that position on 30 November 2003. On 24 December 2004 she resigned from her employment with the Board with effect from 31 March 2005. In September 2005 she commenced proceedings against the Board in which she claimed under section 94(1) of the Employment Rights Act 1996 that she had been unfairly dismissed from that employment. She also claimed under the Sex Discrimination Act 1975 and the Race Relations Act 1976 that she had been discriminated against on the grounds of her sex and ...
Perry and Others Vs. Serious Organised Crime Agency
Court: UK Supreme Court
Decided on: Jul-25-2012
LORD PHILLIPS (WITH WHOM LADY HALE, LORD BROWN, LORD KERR AND LORD WILSON AGREE) 1. This is a judgment in two appeals that this Court heard together. They raise issues as to the scope of the powers conferred by the Proceeds of Crime Act 2002 ("POCA"). They arise out of attempts by the respondent ("SOCA"), acting apparently on its own initiative, to deprive the first appellant ("Mr Perry"), together with members of his family or entities associated with them, of the fruits of serious criminal fraud for which Mr Perry has been convicted in Israel, wherever in the world those fruits may be found. SOCA intends to achieve this aim by invoking the powers of civil recovery conferred on the High Court by Part 5 of POCA. So far, however, it has not got beyond preliminary steps aimed at ensuring that the substantive relief which it seeks is effective. One of those steps has been obtaining a worldwide property freezing order in respect of property held by the appellants in appeal 0143. I shall ca...
HickIn (Fc) Vs. Solihull Metropolitan Borough Council
Court: UK Supreme Court
Decided on: Jul-25-2012
LORD SUMPTION (WITH WHOM LORD WALKER AGREES) 1. Part II of the Housing Act 1980 was enacted in order to give the residential tenants of local authorities and certain other social landlords a degree of protection broadly comparable to that enjoyed by private tenants under the Rent Act 1977. It introduced a category of 'secure tenancy', whose essential features were that the tenant enjoyed a qualified security of tenure, and that the tenancy was transmissible once only to a member of the tenant's family occupying the property. The relevant statutory provisions governing secure tenancies are now to be found in Part IV of the Housing Act 1985. 2. This appeal raises a short but difficult point of law about the effect of the provisions governing the transmission of secure tenancies, where the property is let to joint tenants. Mr. and Mrs. Hickin became the joint tenants of a three bedroom terraced house at 81 Leahill Croft, Chelmsley Wood, Solihull in 1967. The freehold owner was initially ...
Secretary of State for the Home Department Vs. R (on the Application o ...
Court: UK Supreme Court
Decided on: Jul-18-2012
LORD HOPE 1. The respondent, Hussain Zulfiquar Alvi, is a citizen of Pakistan. He was born on 5 November 1977. On 20 September 2003 he entered the United Kingdom as a student, with leave to remain until 31 January 2005. After completing his studies he applied for leave to remain here as a physiotherapy assistant. On 10 February 2005 he was granted leave to remain as a qualifying work permit holder until 10 February 2009. For the next four years he worked as a physiotherapy assistant at a clinic in Kensington. 2. On 9 February 2009 Mr Alvi applied for further leave to remain in this country. A few months prior to that date the work permit regime had been replaced by a points-based system. It came into effect on 27 November 2008. So Mr Alvi applied for leave to remain under that system as a Tier 2 (General) Migrant. His application was rejected as invalid on 24 February 2009 because a mandatory section of his application form had not been completed. He re-submitted his application on 24...
R (on the Application of Munir and Another) Vs. Secretary of State for ...
Court: UK Supreme Court
Decided on: Jul-18-2012
LORD DYSON (WITH WHOM LORD HOPE, LORD WALKER, LORD CLARKE AND LORD WILSON AGREE) 1.Section 3(2) of the Immigration Act 1971 ("the 1971 Act") provides that: "The Secretary of State shall from time to time (and as soon as may be) lay before Parliament statements of the rules, or of any changes in the rules, laid down by him as to the practice to be followed in the administration of this Act for regulating the entry into and stay in the United Kingdom of persons required by this Act to have leave to enter...." 2. The central question that arises in these two appeals is whether statements by the Secretary of State of her policy as regards the granting of concessions outside the immigration rules and of their subsequent withdrawal amount to statements as to "the practice to be followed" within the meaning of section 3(2) of the 1971 Act which she must, therefore, lay before Parliament. The statutory framework 3. The 1971 Act lies at the heart of these appeals. Section 1(4) provides: "(4) Th...
The Health and Safety Executive Vs. Wolverhampton City Council
Court: UK Supreme Court
Decided on: Jul-18-2012
LORD CARNWATH (WITH WHOM LORD HOPE, LORD WALKER, LORD DYSON AND LORD SUMPTION AGREE) Introduction 1. The appeal raises a short issue of construction under the planning Acts, on which differing views have been expressed by experienced planning judges in the courts below. It arises in the context of a planning permission granted by the respondent council for four blocks of student accommodation in proximity to a site used for storage of liquefied petroleum gas ("LPG"). The question, as agreed by counsel for the purposes of the appeal, is: "In considering under section 97 of the Town and Country Planning Act 1990 whether it appears to a local planning authority to be expedient to revoke or modify a permission to develop land, is it always open to that local planning authority to have regard to the compensation that it would or might have to pay under section 107?" The Court of Appeal by a majority (Longmore and Sullivan LJJ, Pill LJ dissenting) [2011] PTSR 645 decided it in the affirmativ...
Ml (Ap) (Scotland) Vs. Ans and Another
Court: UK Supreme Court
Decided on: Jul-11-2012
LORD REED (WITH WHOM LADY HALE AND LORD WILSON AGREE) 1. The issue in this appeal is whether section 31(3)(d) of the Adoption and Children (Scotland) Act 2007 is within the legislative competence of the Scottish Parliament. It is contended on behalf of the appellant that the provision is incompatible with the Convention rights set out in Schedule 1 to the Human Rights Act 1998, that section 29(2)(d) of the Scotland Act 1998 therefore applies, and that the provision is accordingly not law. 2. The issue has arisen in the course of adoption proceedings in the Sheriff Court, in circumstances to which I shall return. The sheriff decided to refer the issue to the Inner House of the Court of Session, in accordance with paragraph 7 of Schedule 6 to the Scotland Act. The Inner House held that the provision was not incompatible with the Convention rights and was within the legislative competence of the Parliament: ANS and DCS v ML [2011] CSIH 38, 2012 SC 8. The present appeal is brought against...
G Hamilton (Tullochgribban Mains) Limited Vs. the Highland Council and ...
Court: UK Supreme Court
Decided on: Jul-11-2012
LORD WALKER (WITH WHOM LADY HALE, LORD CLARKE, LORD DYSON AND LORD REED AGREE) The legislation 1. This appeal is concerned with legislation under which planning authorities have the duty of reviewing what are commonly referred to as "old" planning permissions for mineral working. The process of review is sometimes referred to by the acronym ROMP (Review [of] Old Mineral [planning] Permissions). The statutory provisions were introduced by the Environment Act 1995 and then reenacted in substantially the same form in the Town and Country Planning (Scotland) Act 1997 ("the 1997 Act"). 2. The principal legislative purpose of these provisions is to ensure that old mineral permissions are made subject to conditions meeting modern environmental standards. Some of the old permissions were granted many years ago subject to conditions less stringent and less precise than are appropriate today. Where more stringent conditions are imposed compensation is payable in certain cases, but only where the...
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