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Jul 03 2013 (FN)

R (on the Application of Sturnham) Vs. the Parole Board of England and ...

Court : UK Supreme Court

Lord Mance (with whom Lord Neuberger, Lord Sumption, Lord Reed and Lord Carnwath agree) Introduction 1. From 4 April 2005 until 3 December 2012, English law provided for the imposition of sentences of imprisonment for public protection ("IPP"). This is another case in which courts have had to address the practical and legal issues resulting from this innovation. 2. To impose a sentence of IPP the court had (inter alia) to be of "the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by [the offender] of further specified offences" (Criminal Justice Act 2003, section 225(1)(b)). When imposing it, the court was required to specify a minimum period (the "tariff" period) after the expiry of which the prisoner was eligible for review by the Parole Board who could direct his release on licence (Powers of Criminal Courts (Sentencing) Act 2000, section 82A). The Parole Board was required not to direct release unless "satisfied that it...

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Jul 03 2013 (FN)

Zodiac Seats Uk Limited (Formerly Known as Contour Aerospace Limited) ...

Court : UK Supreme Court

Lord Sumption (with whom Lady Hale, Lord Clarke and Lord Carnwath agree) 1. In this case, Virgin Atlantic Airways Ltd wishes to recover damages exceeding 49,000,000 for the infringement of a European Patent which does not exist in the form said to have been infringed. The Technical Board of Appeal ("TBA") of the European Patent Office ("EPO") has retrospectively amended it so as to remove with effect from the date of grant all the claims said to have been infringed. 2. The TBA found that in the form in which the patent was originally granted the relevant claims were invalid because they had been anticipated by prior art. Virgin says that it is nevertheless entitled to recover damages for infringement because before the TBA had issued its decision, the English courts had held the patent to be valid and specifically rejected the objection based on prior art. Their case is that this conclusion and the finding of validity on which it is based are res judicata notwithstanding the later but ...

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Jun 26 2013 (FN)

North and Others Vs. Dumfries and Galloway Council

Court : UK Supreme Court

Lady Hale (with whom Lord Hope, Lord Wilson, Lord Reed and Lord Hughes agree) 1. Under the Equal Pay Act 1970, women (or men) whose work is of equal value to that of men (or women) in the same employment are entitled to the benefit of a deemed equality clause in their contracts of employment. This means that if any of their terms and conditions is less favourable than the equivalent term or condition of the men with whom they are compared, they are entitled to have the benefit of that more favourable term, as if it had been included in their original contract of employment. It is therefore necessary to identify the precise terms and conditions with which comparison is to be made. This entails finding an individual or group of the opposite sex who constitute a valid comparator. There are several elements in that task. One involves looking at the kind of work the men and the women do: is it "like", or has it been "rated as equivalent", or is it "of equal value"? Another involves looking ...

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Jun 26 2013 (FN)

Brown (Northern Ireland) Vs. R

Court : UK Supreme Court

Lord Kerr (with whom Lord Neuberger, Lady Hale, Lord Wilson and Lord Reed agree) Introduction 1. On 6 August 2003 a young man of 17 and a young girl of 13 had sexual intercourse. Afterwards the young girl told her mother that this had occurred but she suggested that she had not been a willing participant. Understandably, her mother went to the police and the young man was arrested. Later her daughter retracted her account of not having consented to sexual relations. The young man was therefore charged with a less serious offence than that which he might have faced. It was, nonetheless, a serious charge. He was charged with having had unlawful carnal knowledge of a girl under the age of 14 years contrary to section 4 of the Criminal Law Amendment Acts (Northern Ireland) 1885-1923. 2. The young man pleaded guilty to that charge at Belfast Crown Court on 22 June 2004. That plea had been entered on the basis that the offence created by section 4 was one in which reasonable belief that the ...

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Jun 26 2013 (FN)

Abela and Others Vs. Baadarani

Court : UK Supreme Court

Lord Clarke (with whom Lord Neuberger, Lord Reed and Lord Carnwath agree) Introduction 1. The question for decision in this appeal is whether there has been good service of the claim form in this action on the respondent. 2. This is an appeal against an order of the Court of Appeal (Arden, Longmore and McFarlane LJJ) made on 15 December 2011 in which they set aside the orders of a number of judges and, in particular, an order of Sir Edward Evans-Lombe ("the judge") made on 28 January 2011 in which he declared, pursuant to CPR 6.37(5)(b) and/or 6.15(2), that the steps taken on 22 October 2009 to bring the claim form to the attention of the respondent amounted to good service of the claim form. The Court of Appeal held that the judge should not have made that declaration, that various extensions of the validity of the claim form for service should not have been granted, that the respondent had not been properly served with the claim form and that it followed that the claim must be dismis...

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Jun 20 2013 (FN)

Her Majesty's Revenue and Customs Vs. Aimia Coalition Loyalty UK Limit ...

Court : UK Supreme Court

Lord Reed (with whom Lord Hope, Lord Walker, Lord Wilson and Lord Carnwath agree) When the court issued its previous judgment on this appeal ([2013] UKSC 15), it allowed the parties an opportunity to make written submissions as to the form of the order to be made. The Commissioners then made submissions inviting the court to make a further reference to the Court of Justice of the European Union under article 267 of the Treaty on the Functioning of the European Union. LMUK made submissions opposing such a reference and inviting the court to dismiss the appeal. Summarising matters developed at much greater length in the submissions, the Commissioners have put forward two principal arguments in favour of a further reference. First, they submit that a national court is obliged under EU law to make a further reference if it finds the ruling of the CJEU on the first reference to be incomplete or unsatisfactory. In support of that submission, they refer to the judgment in Wnsche Handelsgesell...

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Jun 19 2013 (FN)

Bank Mellat Vs. Her Majesty's Treasury

Court : UK Supreme Court

Lord Neuberger (with whom Lady Hale, Lord Clarke, Lord Sumption and Lord Carnwath agree) 1. This judgment is concerned with two connected questions: (i) Is it possible in principle for the Supreme Court to adopt a closed material procedure on an appeal? If so, (ii) Is it appropriate to adopt a closed material procedure on this particular appeal? A closed material procedure involves the production of material which is so confidential and sensitive that it requires the court not only to sit in private, but to sit in a closed hearing (ie a hearing at which the court considers the material and hears submissions about it without one of the parties to the appeal seeing the material or being present), and to contemplate giving a partly closed judgment (ie a judgment part of which will not be seen by one of the parties). Open justice and natural justice 2. The idea of a court hearing evidence or argument in private is contrary to the principle of open justice, which is fundamental to the dispe...

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Jun 19 2013 (FN)

London Borough of Harrow Vs. Cusack

Court : UK Supreme Court

Lord Carnwath (with whom Lord Sumption and Lord Hughes agree) Introduction 1. Since 1969 Mr Cusack has practised as a solicitor at 66 Station Road, Harrow ("the property"). Station Road, part of the A409, is a single carriage road in each direction flanked by a pedestrian footway. At some unknown date the former front garden was turned into a forecourt open to the highway, which has since then been used for parking cars of staff and clients. This involves cars crossing the footway to gain access, and backing into the road when leaving. 2. The house had been built in around 1900 as a dwelling. In 1973 a personal permission was granted on appeal to Mr Cusack to use the ground floor as offices, subject to a condition requiring cessation by 31 August 1976. It was noted that the ground floor had been used for that purpose "for some time", and permission was only sought for a temporary period to enable Mr Cusack to continue his work in the local court. One of the objections had related to tr...

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Jun 19 2013 (FN)

Smith and Others Vs. the Ministry of Defence and Others

Court : UK Supreme Court

Lord Hope (with whom Lord Walker, Lady Hale and Lord Kerr agree) 1. These proceedings arise out of the deaths of three young men who lost their lives while serving in the British Army in Iraq and the suffering by two other young servicemen of serious injuries. The units in which they were serving were sent to Iraq as part of Operation TELIC. This operation, which lasted from January 2003 to July 2009, had two distinct phases of military activity. The first began on 19 March 2003 when Iraq was invaded by coalition forces including those from the United Kingdom. The second phase began on 1 May 2003 when major combat operations ceased and were replaced by a period of military occupation. During much of that time there was a constant threat of enemy action by insurgents opposed to the interim Iraqi government. 2. On 25 March 2003 Corporal Stephen Allbutt, who was the husband of the claimant Ms Deborah Allbutt, Lance Corporal Daniel Twiddy and Trooper Andrew Julien were serving with the Que...

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Jun 13 2013 (FN)

O'Neill No 2 and Another Vs. Her Majesty's Advocate

Court : UK Supreme Court

Lord Hope (with whom Lord Kerr, Lord Wilson, Lord Hughes and Lord Toulson agree) 1. On 10 June 2010 the appellants, William Hugh Lauchlan and Charles Bernard O'Neill, were found guilty in the High Court of Justiciary at Glasgow of the murder of Mrs Allison McGarrigle between 21 June and 1 September 1997, and of a subsequent attempt to defeat the ends of justice by disposing of her body at sea. The charges of which they were convicted in that trial had been separated from a number of charges on the same indictment of or relating to sexual offences against children. Their trial on the sexual offence charges took place before Lord Pentland between 26 April and 12 May 2010. Their trial on the murder charges, which is the trial to which this appeal relates, took place (between 17 May and 10 June 2010) before the same judge but with a different jury. The appellants were sentenced to life imprisonment for the murder, with punishment parts of 26 and 30 years respectively, and to concurrent sen...

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