Uk Supreme Court Court April 2013 Judgments
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Verma Vs. Barts and the London Nhs Trust
Court: UK Supreme Court
Decided on: Apr-24-2013
Lord Carnwath (with whom Lord Hope, Lord Walker, Lady Hale and Lord Sumption agree) 1. Dr Verma is a doctor specialising in oral and maxillo-facial surgery. She trained as a dentist in India but later qualified as a doctor. She has been working in the United Kingdom since 1996. She worked in training grade posts from March 1998 until August 2002. From September 2002 to September 2006 she held a series of locum positions in career grade posts, two of them at Specialist Registrar level. In November 2006 she took a six-month appointment with the Luton and Dunstable Hospital NHS Foundation Trust. That appointment was described in the appointment letter as "Trust grade doctor in oral surgery (Hospital Practitioner equivalent) for two sessions per week". She left that post in early 2007. She was then offered a post as a "Foundation Year 1 Pre-Registration House Officer" with the respondent ("the Trust"). This is a training post, typically for newly-qualified doctors, but sometimes for more s...
Salvesen Vs. Riddell and Another (Lord Advocate Intervening)
Court: UK Supreme Court
Decided on: Apr-24-2013
LORD HOPE (with whom Lord Kerr, Lord Wilson, Lord Reed and Lord Toulson agree) 1. This is an appeal from an interlocutor of the Second Division of the Court of Session (Lord Justice Clerk Gill, Lord Osborne and Lord Nimmo Smith) of 15 March 2012 allowing an appeal under section 88(1) of the Agricultural Holdings (Scotland) Act 2003 from a decision of the Scottish Land Court: [2012] CSIH 26, 2012 SLT 633. Section 88(3) of the 2003 Act provides that the decision of the Court of Session in any appeal made to it under section 88(1) is final. But, as the Lord Justice Clerk explained in para 1 of his opinion, the issues in the appeal to that court included the question whether section 72 of the 2003 Act was compatible with the European Convention on Human Rights. 2. Section 29(1) of the Scotland Act 1998 provides that an Act of the Scottish Parliament is not law in so far as any provision of the Act is outside the legislative competence of the Parliament. Section 29(2)(d) provides that a pro...
Uprichard Vs. Scottish Ministers and Another
Court: UK Supreme Court
Decided on: Apr-24-2013
Lord Reed (with whom Lord Hope, Lord Kerr, Lord Carnwath and Lord Carloway agree) 1. St Andrews is renowned throughout the world as the home of golf. It is also famous for its university, the third oldest in the English-speaking world. It is an attractive town, set between the sea and the rural hinterland of Fife, with many historic buildings and a skyline familiar to millions from television coverage of the Open Championship and from the opening of the film, Chariots of Fire. 2. This appeal has been prompted by concern on the part of the appellant, a resident of St Andrews, about Fife Council's policies for the future development of the town as set out in the Fife Structure Plan 2006-2026. She considers that the policies, if implemented, will cause irreversible damage to the landscape setting of the town. She has objected to these policies at every opportunity during the procedure leading to the finalisation of the structure plan by the Council, and during the subsequent procedure lea...
First Tier Tribunal and Another Vs. Jones (by Caldwell)
Court: UK Supreme Court
Decided on: Apr-17-2013
LORD HOPE 1. On 18 January 2005, at about 2.20 am, a tragic incident occurred on the A282 north of the Dartford River Crossing. The A282 is a six-lane carriageway which links the Dartford Crossing bridge and tunnel with the M25 motorway. The respondent, Mr Gareth Jones, was driving a Highways Agency gritter along the nearside carriageway. Slightly ahead of him, in the central lane of the north bound carriageway, was an articulated lorry driven by Mr Brian Nash. Ahead of him there was a car which was parked on the hard shoulder of the carriageway. 2. As Mr Nash's lorry approached it a man ran from near the car into the middle of the central lane, turned towards the lorry, stood in its path and raised his arms. Mr Nash braked, but he was unable to avoid hitting the man, who was killed instantly. As a result of the braking the rear nearside corner of the articulated lorry swerved into the path of the gritter vehicle. There was a collision between the two vehicles, as a result of which the...
Public Relations Consultants Association Limited Vs. the Newspaper Lic ...
Court: UK Supreme Court
Decided on: Apr-17-2013
LORD SUMPTION (with whom Lord Neuberger, Lord Kerr, Lord Clarke and Lord Carnwath agree) The issue 1. This appeal raises an important question about the application of copyright law to the technical processes involved in viewing copyright material on the internet. The owner of a copyright has the exclusive right to do or to authorise a number of acts defined in sections 16 to 26 of the Copyright, Designs and Patents Act 1988. Broadly speaking, it is an infringement to make or distribute copies or adaptations of a protected work. Merely viewing or reading it is not an infringement. A person who reads a pirated copy of a protected book or views a forgery of a protected painting commits no infringement although the person who sold him the book or forged the painting may do. 2. The ordinary use of the internet will involve the creation of temporary copies at several stages. Copies will be created in the course of transmission in internet routers and proxy servers. Where a web-page is viewe...
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