Foreign Courts Archives

“Did RICA do enough?”- South Africa’s top Court highlights inadequate privacy safeguards of RICA; declares it unconstitutional

Constitutional Court of South Africa: In a significant judgment delivered last month, the South African Apex Court, with a ratio of 8:2,

Case Briefs Foreign Courts

UK SC | Whether residential care workers who ‘sleep in’ are entitled to national minimum wage for time that is not spent actually performing some specific activity?

United Kingdom Supreme Court: The Bench of Lord Kerr, Lord Wilson, Lord Carnwath, Lady Arden and Lord Kitchin dismissed the appeals and

Case Briefs Foreign Courts

UK SC | Should the infamous Ms Shamima Begum of ISIS be granted leave to enter the UK so that she can pursue her appeal against the Secretary of State’s decision to deprive her of British citizenship?

United Kingdom Supreme Court: Lord Reed, President, Lord Hodge, Lord Black, Lord Lloyd Jones and Lord Sales allowed the appeals and dismissed

Case Briefs Foreign Courts

Amsterdam Court | Uber required to provide access to the individual ratings of applicants subject to certain conditions

In the present case, the applicants who worked as ‘private hire drivers’ in UK has requested the Court to issue a provisionally

Case Briefs Foreign Courts

Ireland SC | Whether a hospital can hold back life-prolonging treatments/ supports against the wishes of the parents of a critically injured child? || Detailed Report

Supreme Court of Ireland: While deliberating on a somber appeal of “life or death”, filed by the parents of a boy (hereinafter

Case Briefs Foreign Courts

Singapore HC | While deciding Contributory Negligence, Court discusses two significant factors: Causative Potency and Blameworthiness || Detailed Report discussing importance of ‘Right of Way’

High Court of Republic of Singapore, General Division: Aedit Abdullah, J., while addressing the matter on contributory negligence, observed that: Having the

Case Briefs Foreign Courts

Lesotho HC | Can Directors’ decision to indict summarily, be challenged before a Non-Trial Judge? Here’s what Court decides in the interest of justice

Lesotho, High Court: S.P. Sakoane, CJ, addressed a matter wherein the decision of summary indictment has been challenged. Applicants in the present

Case Briefs Foreign Courts

Government of India moves a step closer to Nirav Modi’s extradition, as UK court rules that “extradition to India is compatible with his Convention rights within the meaning of Human Rights Act, 1998” || Detailed Report

Westminster Magistrates’ Court: Marking a significant development in the Punjab National Bank fraud case, District Judge Sam Goozée while deliberating upon request

Case Briefs Foreign Courts

[Corporal Punishment] SL SC | Children entitled to their own sense of self & dignity. Fundamental Rights of student found violated: Court orders teacher to pay compensation for slapping student resulting in permanent hearing disability

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Bench of Sisira J. De Abrew, Murdu N.B. Fernando and

Case Briefs Foreign Courts

Kenya SC | “Where the landless establish homes on public land, they acquire a protectable right to housing over the same”; Court relies on International customary laws

Supreme Court of Kenya: The 5-Judge Bench of D. K. Maraga, CJ, P. M. Mwilu, DCJ, M. K. Ibrahim, S. C. Wanjala,

Case Briefs Foreign Courts

SCOTUS declines to review Republican Party’s petitions challenging Pennsylvania’s extended mail-in ballot policy

Supreme Court of The United States: In a significant decision, the Court by a ratio of 6:3, declined to review petitions challenging

Case Briefs Foreign Courts

SL SC | No man is allowed to take advantage of his wrong; Court finds Fundamental Rights under Arts. 12(1), 12(2), and 14(1) (g) of the Constitution violated [legitimate expectation]

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Judge Bench of Sisira. J. de Abrew, Murdu Fernando and

Case Briefs Foreign Courts

UK SC | Whether an Uber driver is a “worker” for the purposes of employment legislation that gives “workers” rights and other employment benefits? SC decides

United Kingdom Supreme Court: A Full Bench of Lord Reed (President), Lord Hodge (Deputy President), Lady Arden, Lord Kitchin, Lord Sales, Lord

Case Briefs Foreign Courts

“Implied Obligations”; Canada SC evaluates contours of duty to exercise contractual discretion in good faith

Supreme Court of Canada: In an interesting case regarding interpretation of implied contractual obligations the 9-Judge Bench comprising of Wagner C.J. and

Case Briefs Foreign Courts

SCOTUS | Claims of Artwork by the heirs of Jewish Art dealers rejected. Why? Read discussion on Whether a country’s alleged taking of property from its own nationals fall within exception of Foreign Sovereign Immunities Act

Supreme Court of the United States: Roberts, CJ., while addressing a matter with regard to artworks obtained by Nazis from Jewish art

Case Briefs Foreign Courts

Australian Court provides interpretation highlighting distinction between recognition and enforcement of arbitral awards vis-a-vis ICSID Convention

Federal Court of Australia: While deciding the instant appeal dealing with interpretational technicalities associated with international arbitration, the Court clarified the principles

Case Briefs Foreign Courts

The Duchess of Sussex, Meghan Markle obtains a significant victory in a privacy claim against Associated Newspapers || Detailed Report

The High Court of Justice: It was a significant victory for the Duchess of Sussex and noted actress Meghan Markle when the

Case Briefs Foreign Courts

Case Comment on Four Seasons Holdings Inc. v. Brownlie — A UK Supreme Court Decision

by Tanvi Nigam*

Case Briefs Foreign Courts

Education policy which compels schoolchildren to recite words “Almighty God, in whose hands our future lies” as part of schools’ national pledge of allegiance, violates children’s Right to Freedom of Religion| Detailed Report

Constitutional Court of Zimbabwe: While scrutinizing the constitutionality of the policy and actions of the education authorities in compelling schoolchildren to salute

Case Briefs Foreign Courts

“Virginity tests are invasive, offensive, and discriminatory and blatantly violate the dignity of a woman” – Justice Ayesha A. Malik || Detailed Report

Lahore High Court: While deliberating upon the writ petitions challenging the use and conduct of ‘virginity tests’ especially “Two-finger Test” and “Hymen