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  • Supreme Court judgment: R (MacDonald) v Kensington & Chelsea

    Carl Gardner
    July 7, 2011

    Because of bladder problems, Elaine McDonald needs to go to the toilet several times during the night; and because of mobility problems, she can’t get there safely on her own. Kensington & Chelsea have decided that her needs can be […]

    Tags: judicial review, local government, private life, social care, UK Supreme Court
  • Lord Phillips doubts his own independence

    Carl Gardner
    February 9, 2011

    I never thought we needed a Supreme Court, myself. The Law Lords worked perfectly well as far as I was concerned. But we got one, the main justification for the increased expense being increased judicial independence. To me, this supposed […]

    Tags: constitution, government, parliament, UK Supreme Court
  • Supreme Court judgment: R v Chaytor and others

    Carl Gardner
    December 1, 2010

    We’ve finally got the Supreme Court’s reasoning in R v Chaytor and others – in which former MPs and a peer argued that Parliamentary privilege prevents their being prosecuted for offences relating to their expenses claims.

    As I’ve said […]

    Tags: crime, parliament, UK Supreme Court
  • R v Chaytor, Morley, Devine and Hanningfield

    Carl Gardner
    November 10, 2010

    It was always obvious that Parliamentary privilege doesn’t prevent the trial of MPs accused of expenses fraud – and unsurprisingly, the Supreme Court has ruled that it doesn’t. There’s no written judgment yet, but I’ll link to it when […]

    Tags: Court of Appeal, crime, damian green, parliament, UK Supreme Court
  • UK Supreme Court judgment: Cadder v H.M. Advocate

    Carl Gardner
    October 26, 2010

    The Supreme Court has given judgment today in this case about whether Scottish criminal suspects must have the right to a lawyer when being questioned in the first hours after they’re arrested and detained, a right which legislation currently […]

    Tags: crime, evidence, human rights, scotland, UK Supreme Court
  • A new Supreme Court – and a new era

    Carl Gardner
    October 1, 2009

    The Supreme Court of the United Kingdom opens officially today – and with it, a new chapter in this country’s legal history. The Guardian has a leader about it today, and the opening is likely to be covered widely […]

    Tags: cons, constitution, courts, judicial review, terrorism, UK Supreme Court
  • Charon QC podcast: Lord Falconer on assisted dying and the Supreme Court

    Carl Gardner
    July 31, 2009

    Earlier this week Charon interviewed Lord Falconer about his attempt to amend the law to legalise assisted suicide in some cases – they also discussed the new Supreme Court. It’s a good listen, timed perfectly for this week with […]

    Tags: charon qc, human rights, lord falconer, podcasts, UK Supreme Court
  • Charon podcast: the Supreme Court, and publishing Law Officers’ advice

    Carl Gardner
    July 23, 2009

    Charon interviewed me today: we spoke about the Supreme Court, its origins and what we expect from it, and whether the superficial change from House of Lords to Supreme Court will bring with it more significant changes, such as […]

    Tags: attorney general, charon qc, freedom of information, podcasts, UK Supreme Court, US Supreme Court
  • How to address the Supreme Court

    Carl Gardner
    January 28, 2009

    I’m way behind Charon and John Bolch with this story, but must throw in my tuppenceworth. It seems that Lord Hope and his pals on the well-upholstered putative Supreme Court bench are unhappy about the address of […]

    Tags: UK Supreme Court
  • Secret "people’s justices" plan

    Carl Gardner
    April 1, 2008

    Justice Secretary Jack Straw is proposing that the Supreme Court, when it starts work in October 2009, should be expanded from the twelve Justices originally proposed: he’s suggesting the appointment of a number of “people’s justices” from outside the normal […]

    Tags: UK Supreme Court
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