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Case Summaries Up To May 2011
The appellants were both nannies at present in Russia and wishing to come to the United Kingdom in order to fulfil duties as domestic workers in a private household. They lived in their employer's home in Russia during a period when the employer had already come to live in the United Kingdom. They appealed against a decision to refuse leave to enter pursuant to the terms of paragraph 159A of the Immigration Rules. The Upper Tribunal held: (1) Where a nanny lived in a ...
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The petitioner was a citizen of Tanzania, who had arrived in the UK in October 2006 on a student visa. Upon expiry of that visa in 2008, the petitioner failed to leave the country and accordingly became an overstayer. The petitioner was detained at Dungavel Immigration Removal Centre on 3 February 2011, and directions for his immediate removal were served on him by the UK Border Agency. Agents for the petitioner submitted written representations to the Secretary of State, outlining that the pe ...
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The pursuer had been employed as a power loader in the mining industry between about 1976 and 2002, when he was made redundant. He had developed Hand Arm Vibration Syndrome ("HAVS") and has been partially compensated for this by the defenders. In particular, he has received payments from the defenders for solatium, disadvantage on the labour market and necessary services, and this proof was in relation to an outstanding issue of dispute between the parties: whether the pursuer had a valid claim ...
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The pursuer, who claimed to be the author of some 26 collections of documents used by the defenders in relation to a proposal for a fixed heavy rail link between Glasgow City Centre and Glasgow International Airport, sued for infringement of copyright. The pursuer claimed that his own proposal and supporting documents had been copied. He claimed that the defenders had made copies of the works or a substantial part thereof, by issuing copies of the works, by showing the works in public, by broadc ...
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In this application for judicial review, the petitioner sought firstly to reduce to a decision of Angus Council made on 1 February 2010, upheld on review on 21 April 2010 and adhered to on 7 July 2010 that she was intentionally homeless and, secondly, declarator that the respondents were under a statutory duty to secure permanent accommodation available for her occupation. The respondents had made their decisions on the basis that they believed the petitioner had made herself intentionally hom ...
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The defenders were a company who purchased and resold land for development. They had collaborated with the pursuers to identify potential vendors for the defenders’ land. The two parties had entered into an agreement to regulate their relationship, signed in June and July 2005. A dispute subsequently arose between the parties in relation to the treatment of VAT due on payments made under this agreement, and in this action, the defenders sought to have the agreement rectified. In esto, th ...
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This was an action for payment arising from a contract entered into by the parties in 2007. The pursuer (a Venezuelan national) and defender (a US citizen domiciled in Aberdeen) were both resident in Venezuela and employed by Shell Venezuela S.A at the relevant time. The defender’s employment benefits included an allowance to exchange local currency (Bolivares) for US Dollars, while the pursuer had no such entitlement. The defender offered to assist the pursuer with currency exchange and in 2006 ...
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The immediate issue in this case is whether the trial at which the Appellant was convicted of murder was fair. The point of law of broader significance is whether it is compatible with Article 6 of the European Convention on Human Rights for an appeal against a criminal conviction on the ground of the Crown’s non-disclosure of evidence to the defence to be determined by applying the test laid down by the High Court of Justiciary in Cameron v HMA 1991 JC 252 for “fresh evidence” appeals.Arlene Fr ...
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The issue in this appeal is whether a failure by the Respondent to comply with a procedural requirement in its policy relating to the detention of foreign national prisoners results in their detention being unlawful, so as to allow the detainee to advance a claim in tort for false imprisonment.Shepherd Masimba Kambadzi is a Zimbabwean national. He entered the UK lawfully, but remained here after his leave to remain expired. In 2005, he was convicted of assault and sexual assault, sentenced to on ...
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This appeal concerns the relationship between two rights which enable non-nationals to remain in the United Kingdom: humanitarian protection, which derives from European law, and asylum, which derives from a combination of domestic law, European law, and international law. The issue in the appeal is whether, because a right of appeal exists against a refusal of an asylum application, European law requires that a right of appeal also be available against a refusal of an application for humanitari ...
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