The Respondent sought an order that APSA be substituted as a defendant in place of APMSD in the proceedings against APMSD, relying on section 35(5)(b) and (6)(a) of the LA. These provisions allow a new party to be substituted for a party whose name was given in any claim made in the original action in mistake. APSA contended that, in so far as English law permitted such substitution after the expiry of the time-limit, it was inconsistent with Article 11. The High Court made a preliminary referen ...
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Supreme Court - Press Summary BACKGROUND TO THE APPEAL The appellants were convicted of serious criminal offences after trials in which the victims of the offences did not give evidence: in one case because he had since died and in the other because she had run away in fear when the trial was about to commence. In each case a statement from the victim was admitted pursuant to s 116 Criminal Justice Act 2003 and placed before the jury. The appellants complained that their convictions were bas ...
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Supreme Court Press Summary Background to the appeal Sark is an island in the Channel Islands of about 600 inhabitants. In this appeal, Sir David and Sir Frederick Barclay sought to challenge new constitutional arrangements in Sark contained in the Reform (Sark) Law 2008. Under the Reform Law, the electorate (of about 500 people) vote for 28 members of Sark’s legislature, which is called the “Chief Pleas”. But there are two members of the Chief Pleas who are not elected. ...
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The three appellants, AF, AN and AE, are subject to non-derogating control orders involving significant restriction of liberty. Each control order was made pursuant to s.2 of the Prevention of Terrorism Act 2005 (“the PTA”) on the ground that the Secretary of State had reasonable grounds for suspecting that the appellant was, or had been, involved in terrorism-related activity. The issue raised by their appeals is whether, in each case, the procedure that resulted in the making of th ...
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In May 2001 at about 2pm, a crowd of demonstrators marched into Oxford Circus from Regent Street South. By the end of the afternoon some 3,000 people were within the Circus and several thousands more were gathered outside in the streets that lead into it. The appellant was among those who went to Oxford Circus as part of the crowd to demonstrate, but she was not one of the organisers. She was prevented from leaving the area by the police cordon for about 7 hours. In April 2002 she brought a cl ...
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Adults who need special care and who receive personal care in their homes or who live in care homes, need to be protected from potential harm. Accordingly, Part VII of the Care Standards Act 2000 provides that care workers employed in looking after such vulnerable adults may be placed on a list of people considered unsuitable to work with vulnerable adults. The effect of listing is to deprive the care worker of his/her employment as a care worker and to prevent him/her from getting a ...
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In July 2004 Mrs Carol Savage, who was suffering from paranoid schizophrenia, absconded from Runwell Hospital where she was being treated as a detained patient. She then committed suicide by throwing herself in front of a train. Mrs Savage’s adult daughter, Miss Savage, brought the present proceedings alleging that the South Essex Partnership NHS Foundation Trust violated Mrs Savage’s art.2 Convention right to life by allowing her to escape from the hospital and kill herself. M ...
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The essence of the appellant’s case is that the state and its emanation, the police force, failed to take appropriate steps to discharge their positive obligation under art. 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) to protect the appellant and her young daughter against the infliction upon them of inhuman and degrading treatment. It was also claimed that the police had discriminated against them in their handlin ...
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Domestic and EU Legislation:
On his fishing boat and between 1986 and 1991 the pursuer carried monofilament gill nets contrary to the Inshore Fishing (Prohibition of Carriage of Monofilament Gill Nets) Order 1986. This order was subsequently revoked by the Inshore Fishing (Monofilament Gill Nets) (Scotland) Order 1996 which replaced the blanket ban with a prohibition on the carrying ofmonofilament nets with a mesh size of less than 250 mm.The pursuer went to trial at Fort William Sheriff Court where he was acquitted by the ...
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A Member State is not obliged, when checking to ensure that the minimum wage is being paid to workers posted from another Member State, to take all allowances and supplements into account.
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