Phillips has now reached its end with another strong set of sentences. Lord Neuberger may restore harmony to a court more rebellious?
The UK Supreme Court has issued a solid set of tests this morning, which shows the level of restoration of independence enjoyed by the government and the courts below.
In perhaps the most important decisions taken today, the court has granted political asylum to a number of Zimbabwean refugees who had to feign loyalty to the regime that governs their country in order to avoid persecution.
"Nobody should be required to have or express a political opinion that believeth not," said Lord Dyson. "You should not have to hide the pain of persecution. Refugee Law does not require a person to express their support false from an oppressive regime, requires more than an agnostic who claim to be a believer to avoid persecution."
Dyson added: ". Idea of" if you're not with us you are against us "thinking permeates dictators From their point of view, there is no real difference between neutrality and opposition. "
In another case decided today, the Supreme Court cut the wings of the Serious Organised Crime Agency (SOCA), ruling that the agency had no authority to seize goods a convicted felon abroad when he and his assets were outside the jurisdiction of the United Kingdom.
Ruling, Lord Phillips said: "Subject to limited exceptions, is contrary to international law for country A, which aims to make the criminal conduct in country B committed by persons who are not citizens of the country A. Article 357 [of the Proceeds from Crime of 2002] is not limited to prohibited conduct criminal offense. This gives a public authority in the UK tax authority to require positive obligation to provide information authority subject to criminal sanctions in case of non-compliance. confer on persons outside the jurisdiction would be a violation of international law particularly alarming. For this reason alone, I think it is implicit that the authorization under Article 357 can not be exercised for persons within the jurisdiction. "
The court allowed the appeal of a local authority against an earlier decision on the costs of the care process and dismissed the appeal by the Grampian Health Board on a topic related to gender and racial discrimination.
Finally, Lord Sumption made the judgment, critical to the majority in a case involving the security of tenure under the Housing Act. Two of his colleagues agreed higher. One was Lord Mance, who said that one of the results of the consumer "was not in accordance with law." Whatever you think of lifting Sumption to the Supreme Court without having previously been full-time judge, Lord Mance and Clarke dissented perfectly with kindness.
- statements today were the last to be delivered before the hands cross the President of the Supreme Lord Neuberger. How, then, we summarize the results of the Phillips court?
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