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It’s been a busy week for the Blog and the Supreme Court. Here are the main highlights:
Points of interest
There was an interesting article discussing the recent report published by Sir Geoffery Bindman QC and Karon Monaghan QC called Judicial Diversity: Accelerating Change. The article considers the issues highlighted by the report and the key recommendations made to achieve a more democratic legitimacy in the judicial system.
Judgments
Four judgments were handed down on Wednesday 12 November.
In R (Lord Carlile of Berriew QC & Ors) v SSHD; the Court ruled by a 4-1 majority that the executive’s decision to bar Mrs Rajavi’s admission into the UK on grounds that it would not be conducive to the public good was rational and Secretary of State had not underrated the appellants’ ECHR, art 10 rights or overstated the risk.
In Plevin v Paragon Personal Finance Ltd the Court ruled unanimously dismissed the appeal brought by the respondent challenging the interpretation of the Consumer Credit Act 1974, s 140A(1)(c). It stated that the non-disclosure of the amount of commissions and the identity of the recipients did make the relationship with the respondent unfair under s 140A(1)(c), but the failure to conduct a needs assessment did not.
In R (ZH &CN) v London Borough of Newham and London Borough of Lewisham; the Court ruled by a 5-2 majority that Newham and Lewisham were entitled to evict the appellants from the Housing Act 1996, s 188 accommodation without obtaining a court order.
In Sims v Dacorum Borough Council the Court unanimously dismissed the appeal challenging the Court of Appeal’s decision to follow Hammersmith and Fulham LBC V Monk [1992] AC 478. It stated that although the decision in Monk is harsh, it would be a harsh result for other tenants and the landlord of they were not able to terminate a joint periodic tenancy when one of the tenants has given notice, especially when the challenging tenant had been aware of the clause in their tenancy agreement.
Speeches from the Judiciary
On the evening of the 11 November, Lord Toulson gave a lecture on International Influence on the Common Law to the London Common Law and Commercial Bar Association. In the address, Lord Toulson surveyed the inter-relationship between the UK law and that of other countries, and considers the circumstances under which British Judges might look to other jurisdictions for legal precedent.
On the evening of the 13 November, Lord Wilson gave a lecture on adoption to the Denning Society at Lincoln’s Inn. In the address, Lord Wilson surveyed the history of the law’s handling of the adoption of children in the UK, and reflects on some of the social and emotional consequences of such arrangements.
