Supreme Court: Ministers' consent clause in Scottish ‘Brexit Bill’ ultra vires, though legislation largely competent
Section 17 of the Scottish ‘Brexit Bill’ – which requires Scottish Ministers’ consent to certain subordinate legislation – is ultra vires of the Scotland Act, which it would modify, though the bill is not entirely outwith the Scottish Parliament's legislative competence, justices in Supreme Court have ruled.
UK Supreme Court — 13 December 2018
A man who claimed to be entitled to PPI compensation in a situation in which there had been an intervening insolvency by virtue of a trust deed has had his appeal unanimously dismissed by justices in the Supreme Court, for whom the question was whether the trust deed had been brought to an end by the trustee making a final distribution to creditors with the result that the PPI claimant (as opposed to his former trustee) was held to be entitled to the PPI payment.
UK Supreme Court — 31 October 2018
A claim made by a woman on behalf of her son against a marine vessel operator following the death of his father was not time-barred under the Athens Convention, justices in the Supreme Court have unanimously ruled, dismissing the appeal of the company.
UK Supreme Court — 17 October 2018
The Supreme Court has ruled a bakery's refusal to supply a cake iced with the message ‘Support Gay Marriage’ was not discriminatory on the grounds of sexual orientation, as the refusal was based on the message and not to any particular person.
UK Supreme Court — 10 October 2018
The requirement that a claimant of widowed parent’s allowance must have been married to or have been the civil partner of the deceased unjustifiably discriminates against the survivor and/or the children on the basis of their marital or birth status, justices in the Supreme Court have ruled.
UK Supreme Court — 30 August 2018
Legal permission will not be required to end care for patients who are in a long-term vegetative state, the Supreme Court has ruled.
UK Supreme Court — 30 July 2018
The Supreme Court has unanimously allowed an appeal by HMRC in a case in which it refused a company’s claim for repayment of VAT output tax, overturning a judgment of the Inner House of the Court of Session.
UK Supreme Court — 11 July 2018
The Supreme Court has clarified the use of closed material procedure under section 6 of the Justice and Security Act 2013, an issue raised in Belhaj and another v Director of Public Prosecutions and another.
UK Supreme Court — 4 July 2018
Heterosexual couple succeed in civil partnership appeal as Supreme Court makes declaration of incompatibility
A different-sex couple who object to marriage on the basis they believe it is patriarchal and who sought judicial review of the respondent’s refusal to make legislative changes which would allow them to enter into a civil partnership have had their appeal unanimously allowed by justices in the Supreme Court, which has made a declaration of incompatibility between the relevant legislation and the European Convention.
UK Supreme Court — 27 June 2018
A plumbing business has had its appeal against a decision of an employment tribunal unanimously dismissed after justices in the Supreme Court endorsed the decision of the tribunal, namely that the respondent was, inter alia, a worker in terms of the Employment Rights Act 1996.
UK Supreme Court — 13 June 2018
Supreme Court: Northern Ireland Human Rights Commission does not have standing in abortion proceedings
The Northern Ireland Human Rights Commission (NIHRC) has lost an appeal to the UK Supreme Court in which it sought declarations that the current law on abortion in Northern Ireland is incompatible with the European Convention on Human Rights in cases of rape, incest, and fatal foetal abnormality.By a 4-3 majority, the seven-judge Court found that the NIHRC did not have standing to bring the proceedings; as such, the Court had no jurisdiction to make a declaration of incompatibility to reflect the majority view on ECHR compatibility.Reliefs soughtIn their appeal to the Supreme Court, the NIHRC sought:
UK Supreme Court — 7 June 2018
Newspapers that challenged orders for costs made following trial have had their appeals unanimously dismissed by justices in the Supreme Court.
UK Supreme Court — 12 April 2017
Rapist whose application for judicial review of SCCRC decision not to refer case in wake of Cadder was refused has appeal unanimously dismissed by Supreme Court
A rapist who was not given the option of legal advice when interviewed by the police and whose application for judicial review of the Scottish Criminal Cases Review Commission’s decision not to refer his case for a second time to the High Court of Justiciary on the basis of, inter alia, Cadder v HM Advocate was refused by a judge in the Court of Session and an Extra Division, has had his appeal unanimously dismissed by justices in the Supreme Court.
UK Supreme Court — 22 March 2017
General Pharmaceutical Council's appeal and pharmacist's cross-appeal against Extra Division unanimously allowed by Supreme Court
An appeal against an Opinion of an Extra Division of the Inner House of the Court of Session that a pharmacist convicted of domestic abuse offences not be removed from the practice register on the basis of a "middle way" between suspension and removal, as well as the respondent pharmacist’s cross-appeal against the Extra Division’s implicit rejection of his argument that his removal from the register was disproportionate, have been unanimously allowed by judges in the Supreme Court.
UK Supreme Court — 14 December 2016
Murderer's appeal that jury be directed on definition of 'substantial' in Homicide Act unanimously dismissed
A murderer who sought reduction of his conviction to manslaughter on the basis the statutory test for the Scots-derived defence of diminished responsibility requires that the judge defines for the jury the word “substantial” in “substantially impaired” has had his appeal unanimously dismissed by judges in the Supreme Court.
UK Supreme Court — 30 November 2016