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Court: Supreme Court

Home Secretary’s approach to persecution in Jamaica for immigration purposes was unlawful

JB (Jamaica) v Secretary of State for the Home Department [2015] UKSC 8

The Supreme Court unanimously dismissed the appeal by the appellant Home Secretary against the ruling that to include Jamaica on the list of states designated under the Nationality, Immigration and Asylum Act 2002, s 94(4), was unlawful. It stated that s 94(5) of the Act does not require the persecution to affect any particular percentage of the population. Rather, the persecution must be a general feature of life in the country.

Police did not owe a duty of care in negligence to domestic violence victims

Michael & Ors v The Chief Constable of South Wales Police & Anor [2015] UKSC 2

The Supreme Court dismissed the appellants’ appeal by majority against a claim that the police were negligent for harm caused by third party in a domestic violence issue where they had been given contacted previously about the threat to life. The majority rejected the argument that the police owed a duty of care in negligence as it was speculative whether the duty would improve the performance in domestic violence cases and it was not in the public interest.

Prisoners serving life sentences do not have a right to vote in Scottish Referendum

Moohan & Anor v The Lord Advocate (Scotland) [2014] UKSC 67

Two prisoners serving life sentences brought judicial review proceedings against the Scottish Independence Referendum (Franchise) Act 2013, which denied prisoners the right to vote in the Referendum. The Court dismissed the appeal (5-2). Inter alia, the words of A3P1 on their ordinary meaning refer to an obligation to hold periodic elections to a democratically elected legislature, suggesting that the drafters did not have referendums in mind.

Supreme Court unanimously allows the appeal to set aside the Inner House’s declarator on the scope of the Abortion Act 1967, s 4(1)

Greater Glasgow Health Board v Doogan & Anor (Scotland) [2014] UKSC 68

The Supreme Court unanimously allowed the appeal to set aside the Inner House’s declarator that the scope of the Abortion Act 1967, s 4(1), included ‘the entitlement to refuse to delegate, supervise and/or support staff in the provision of care to patients’ undergoing terminations and extended to ‘any involvement in the process of treatment, the object of which is to terminate a pregnancy’.