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Both the majority and dissenting judgments in the case have been cited as persuasive precedent by various countries of the Commonwealth of Nations. However, in England itself, the courts have gradually retreated from the decision in Liversidge. It has been described as "an example of extreme judicial deference to executive decision-making, best ...
In so doing, the Surinder Singh route triggers European rights of free movement that have otherwise been removed from UK citizens by UK legislation. In principle, the Surinder Singh route applies to all EU citizens, not just UK citizens. For example, a French husband could bring his Mexican wife into France by exercising his treaty rights in Spain.
Despite the presence of a deeming provision in the Income Tax (Trading and Other Income) Act 2005 which treated a deep-sea diver as being self-employed for UK tax purposes, the actual relationship was that of employment and the diver should be considered to receive the income in respect of an employment when applying the tax treaty between the ...
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. [1] [2] [3] Fundamental to common law legal systems, precedent operates under the principle of stare decisis ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability.
Case name Citation Date Legal subject Summary of decision Reference by the Attorney General for Northern Ireland of devolution issues to the Supreme Court pursuant to Paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 (No 2) [2019] UKSC 1: 14 January Constitutional law, Devolution in the UK
The case summaries below are not official or authoritative. Unless otherwise noted, cases were heard by a panel of 5 judges. Cases involving Scots law are highlighted in orange. Cases involving Northern Irish law are highlighted in green. List of judgments of the Supreme Court of the United Kingdom delivered in 2009
The Appellants also argued, relying on the persuasive precedent of the Australian High Court case of Goodwin v Phillips (1908), that implied repeal could work pro tanto, that is to say a later act could carve out an exception to the operation of an earlier without prejudice to its operation in areas unaffected by the later statute. They also ...
"Leading case" is commonly used in the United Kingdom and other Commonwealth jurisdictions instead of "landmark case", as used in the United States. [ 1 ] [ 2 ] In Commonwealth countries, a reported decision is said to be a leading decision when it has come to be generally regarded as settling the law of the question involved.