A Northern Ireland woman has successfully appealed the decision of the Northern Ireland Court of Appeal to order a stay on her application for damages for the state’s failure to carry out a prompt investigation into the circumstances of her son’s death, in violation of Article 2 ECHR.
UK Supreme Court — 8 March 2019
The widow of murdered Belfast solicitor Pat Finucane has been granted a declaration that the state has failed to deliver an Article 2 compliant investigation into the death of her husband, who was shot and killed by loyalist paramilitaries in collusion with the UK security forces.
UK Supreme Court — 27 February 2019
Supreme Court: Refusal to compensate men whose convictions were overturned does not breach presumption of innocence
The requirement for a person to prove beyond a reasonable doubt that they did not commit an offence in order to access compensation for a miscarriage of justice does not breach their right to presumption of innocence, the Supreme Court has ruled.
UK Supreme Court — 30 January 2019
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