Uk Supreme Court Court March 2014 Judgments
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Kennedy Vs. the Charity Commission
Court: UK Supreme Court
Decided on: Mar-26-2014
1. Information is the key to sound decision-making, to accountability and development; it underpins democracy and assists in combatting poverty, oppression, corruption, prejudice and inefficiency. Administrators, judges, arbitrators, and persons conducting inquiries and investigations depend upon it; likewise the press, NGOs and individuals concerned to report on issues of public interest. Unwillingness to disclose information may arise through habits of secrecy or reasons of self-protection. But information can be genuinely private, confidential or sensitive, and these interests merit respect in their own right and, in the case of those who depend on information to fulfil their functions, because this may not otherwise be forthcoming. These competing considerations, and the balance between them, lie behind the issues on this appeal. 2. This appeal concerns the relationship between the Charity Commission, a public authority responsible for inquiries in relation to which it requires inf...
DurkIn Vs. Dsg Retail Limited and Another
Court: UK Supreme Court
Decided on: Mar-26-2014
LORD HODGE (with whom Lady Hale, Lord Wilson, Lord Sumption and Lord Reed agree) 1. Mr Durkin has fought this battle for many years. He purchased a laptop computer from PC World in Aberdeen for 1,499 on 28 December 1998. He entered a debtor-creditor-supplier agreement with HFC Bank plc under section 12(b) of the Consumer Credit Act 1974 to fund the purchase, apart from a 50 deposit which he paid. On the next day he rejected the computer because it did not conform to his contract. PC World did not accept that he had validly rescinded the contract until the sheriff at Aberdeen in a judgment dated 26 March 2008 determined that he had. In the meantime, HFC treated him as being in default and intimated that default to credit reference agencies. Mr Durkin claimed damages for financial loss caused by the damage to his credit. The principal issue in this appeal is whether Mr Durkin was entitled to rescind the credit agreement on rescission of the sale agreement. The factual background 2. In De...
P (by His Litigation Friend the Official Solicitor) and Another Vs. Ch ...
Court: UK Supreme Court
Decided on: Mar-19-2014
Lady Hale (with whom Lord Sumption agrees) 1. This case is about the criteria for judging whether the living arrangements made for a mentally incapacitated person amount to a deprivation of liberty. If they do, then the deprivation has to be authorised, either by a court or by the procedures known as the deprivation of liberty safeguards, set out in the Mental Capacity Act 2005 ("the Mental Capacity Act"). If they do not, no independent check is made on whether those arrangements are in the best interests of the mentally incapacitated person, although of course the health or social care bodies who make the arrangements do so in the hope and belief that they are the best which can practicably be devised. It is no criticism of them if the safeguards are required. It is merely a recognition that human rights are for everyone, including the most disabled members of our community, and that those rights include the same right to liberty as has everyone else. The statutory background 2. The d...
The Commissioner of Police of the Metropolis Vs. R (on the Application ...
Court: UK Supreme Court
Decided on: Mar-12-2014
Introduction 1. The Police and Criminal Evidence Act 1984 ("PACE") consolidated various police powers to obtain evidence for the purposes of a criminal investigation. Generally, a magistrate has power under section 8 to issue a search warrant on an ex parte application by a constable if satisfied, among other things, that there are reasonable grounds for believing that an indictable offence has been committed and that there is material on the relevant premises which is likely to be of substantial value to the investigation. However, that general power does not apply in relation to material which is defined in the Act as "excluded material" (section 11) or "special procedure material" (section 14). 2. "Excluded material" includes "journalistic material" which a person holds in confidence. "Special procedure material" includes journalistic material other than excluded material. "Journalistic material" means material acquired or created for the purposes of journalism, provided that it in ...
BurgIn Vs. Dunhill (a Protected Party by Her Litigation Friend Tasker)
Court: UK Supreme Court
Decided on: Mar-12-2014
1. There are two issues in this case, both of them simple to state but neither of them simple to answer. First, what is the test for deciding whether a person lacks the mental capacity to conduct legal proceedings on her own behalf (in which case the Civil Procedure Rules require that she has a litigation friend to conduct the proceedings for her)? Second, what happens if legal proceedings are settled or compromised without it being recognised that one of the parties lacked that capacity (so that she did not have the benefit of a litigation friend and the settlement was not approved by the court as also required by the CPR)? Can matters be re-opened long after the event or does the normal rule of English law apply, which is that a contract made by a person who lacks capacity is valid unless the other party to the contract knew or ought to have known that she lacked that capacity in which case it is voidable (the rule in Imperial Loan Co Ltd v Stone [1892] 1 QB 599)? 2. These issues are...
Stott Vs. Thomas Cook Tour Operators Limited
Court: UK Supreme Court
Decided on: Mar-05-2014
1. This appeal arises from a sorry case of a serious failure by an air tour operator to see that proper provision was made for the needs of a disabled passenger, contrary to the requirements of the Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2007 (SI 2007/1895) ("the UK Disability Regulations"). 2. The UK Disability Regulations implement Regulation (EC) No 1107/2006 of the European Parliament and the Council concerning the rights of disabled persons and persons with reduced mobility when travelling by air ("the EC Disability Regulation"). 3. The issue is whether a court may award damages for a claimant's discomfort and injury to feelings caused by a breach of the UK Disability Regulations. The conclusion of the courts below was that any such award is precluded by the Montreal Convention, as adopted in the EU by the Montreal Regulation (or, to use its full title, "Council Regulation (EC) No 2027/97 on air carrier liability in ...
Secret Hotels2 Limited (formerly Med Hotels Limited) Vs. the Commissio ...
Court: UK Supreme Court
Decided on: Mar-05-2014
1. This appeal concerns the liability for Value Added Tax ("VAT") of a company which markets and arranges holiday accommodation through an on-line website. The outcome turns on the appropriate characterisation of the relationship between the company, the operators of the hotels, and the holiday-makers or their travel agents (which is an English law issue), and the impact of certain provisions of the relevant EU Directive on that relationship once it has been characterised (which is an EU law issue). The basic facts 2. The appellant, Secret Hotels2 Ltd (formerly called Med Hotels Ltd, and known as "Med"), marketed holiday accommodation, consisting of around 2,500 resort hotels, villas, and apartments in the Mediterranean and the Caribbean, through a website, www.medhotels.com ("the website"). In these proceedings, everyone has focussed on hotel rooms, and has ignored villas and apartments, and I shall do the same. Around 94% of the sales of hotel rooms from the website were made to trav...
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