2011 Judgments of the Supreme Court of the United Kingdom

Last updated

This is a list of the judgments given by the Supreme Court of the United Kingdom in the year 2011. They are ordered by Neutral citation.

Contents

The table lists judgments made by the court and the opinions of the judges in each case. Judges are treated as having concurred in another's judgment when they either formally attach themselves to the judgment of another or speak only to acknowledge their concurrence with one or more judges. Any judgment which reaches a conclusion which differs from the majority on one or more major points of the appeal has been treated as dissent.

Because every judge in the court is entitled to hand down a judgment, it is not uncommon for 'factions' to be formed who reach the same conclusion in different ways, or for all members of the court to reach the same conclusion in different ways. The table does not reflect this.

2011 case summaries

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.

Case nameCitationDateLegal subjectSummary of decision
R (Coke-Wallis) v Institute of Chartered Accountants [2011] UKSC 119 January 2011 Labour law Archived 8 April 2014 at the Wayback Machine
Morge v Hampshire County Council [2011] UKSC 219 January 2011 Planning law Archived 8 April 2014 at the Wayback Machine
Yemshaw v Hounslow [2011] UKSC 326 January 2011 Homelessness; Domestic violence Archived 8 April 2014 at the Wayback Machine
ZH (Tanzania) v Home Secretary [2011] UKSC 41 February 2011 Children law; Immigration law Archived 8 April 2014 at the Wayback Machine
GPS Inc. v Syarikat Takaful Malaysia Berhad [2011] UKSC 51 February 2011 Maritime law Archived 8 April 2014 at the Wayback Machine
Manchester CC v Pinnock (No 2) [1] [2011] UKSC 69 February 2011 Article 8, ECHR; Landlord-tenant law
Brent LBC v Risk Management Partners [2011] UKSC 79 February 2011 Public procurement Archived 8 April 2014 at the Wayback Machine
Hounslow LBC v Powell [2] [2011] UKSC 823 February 2011 Article 8, ECHR; Homelessness Archived 8 April 2014 at the Wayback Machine
R v Forsyth [2011] UKSC 923 February 2011 Criminal law; International law Archived 8 April 2014 at the Wayback Machine
Sienkiewicz v Greif [2] [2011] UKSC 109 March 2011 Negligence Archived 8 April 2014 at the Wayback Machine
Patmalniece v Secretary for Work and Pensions [2011] UKSC 1116 March 2011 Free movement of workers Archived 8 April 2014 at the Wayback Machine
WL (Congo) v Home Secretary [3] [2011] UKSC 1223 March 2011 False imprisonment Archived 8 April 2014 at the Wayback Machine
Jones v Kaney [2] [2011] UKSC 1330 March 2011 Expert witnesses Archived 8 April 2014 at the Wayback Machine
Duncombe v Schools Secretary [2011] UKSC 1430 March 2011 Labour law Archived 8 April 2014 at the Wayback Machine
Communities Secretary v Welwyn Hatfield BC [2] [2011] UKSC 156 April 2011 Planning law Archived 8 April 2014 at the Wayback Machine
Farstad Supply v Enviroco [2011] UKSC 166 April 2011 Company law Archived 8 April 2014 at the Wayback Machine
Baker v Quantum Clothing Group [2011] UKSC 1713 April 2011 Negligence Archived 8 April 2014 at the Wayback Machine
R (Adams) v Justice Secretary [2] [2011] UKSC 1811 May 2011 Miscarriage of justice Archived 8 April 2014 at the Wayback Machine
HMRC v Tower MCashback [3] [2011] UKSC 1911 May 2011 Tax law Archived 8 April 2014 at the Wayback Machine
McCaughey's Application for Judicial Review [2] [2011] UKSC 2018 May 2011 Judicial review Archived 8 April 2014 at the Wayback Machine
R (GC) v Commissioner of Police of the Metropolis [2] [2011] UKSC 2118 May 2011 DNA evidence, Article 8 ECHR Archived 8 April 2014 at the Wayback Machine
FA (Iraq) v Home Secretary [2011] UKSC 2225 May 2011 EU law Archived 8 April 2014 at the Wayback Machine
SK(Zimbabwe) v Home Secretary [2011] UKSC 2325 May 2011 Immigration law Archived 8 April 2014 at the Wayback Machine
Fraser v Her Majesty's Advocate [2011] UKSC 2425 May 2011 Scots criminal law; Evidence Archived 8 April 2014 at the Wayback Machine
Bloomsbury v Sea Fish Industry Authority [2011] UKSC 2515 June 2011 Fisheries Act 1981; Free movement of goods Archived 8 April 2014 at the Wayback Machine
Parkwood Leisure v Alemo-Herron [2011] UKSC 2615 June 2011 TUPE Archived 8 April 2014 at the Wayback Machine
Re. E (Children) [2011] UKSC 2710 June 2011 Family law Archived 8 April 2014 at the Wayback Machine
R (Cart) v The Upper Tribunal [2] [2011] UKSC 2822 June 2011 Judicial review
Eba v Advocate General for Scotland [2] [2011] UKSC 2922 June 2011 Judicial review
R (G) v The Governors of X School [2011] UKSC 3029 June 2011 Article 6, ECHR
NML Capital Ltd v Republic of Argentina [2011] UKSC 316 July 2011 State immunity
Scottish Widows plc v Commissioners for Her Majesty's Revenue and Customs [4] [2011] UKSC 326 July 2011 Company law
R (McDonald) v Royal Borough of Kensington and Chelsea [2011] UKSC 336 July 2011 Assisted living
Al Rawi v The Security Service [3] [5] [2011] UKSC 3413 July 2011 Secret trial
Home Office v Tariq [3] [5] [2011] UKSC 3513 July 2011 Secret trial
Duncombe v Secretary of State for Children, Schools and Families (no. 2) [2011] UKSC 3615 July 2011 Labour law
R v Smith [2011] UKSC 3720 July 2011 Criminal law
Belmont Park Investments PTY Ltd v BNY Corporate Trustee Services Ltd and Lehman Brothers Special Financing Inc [2011] UKSC 3827 July 2011 Insolvency law
Lucasfilm Ltd v Ainsworth [2011] UKSC 3927 July 2011 Intellectual property Archived 4 March 2016 at the Wayback Machine
Jivraj v Hashwani [2011] UKSC 4027 July 2011 Discrimination in employment
Autoclenz Ltd v Belcher [2011] UKSC 4127 July 2011 Labour law
Houldsworth v Bridge Trustees Ltd and Secretary of State for Work and Pensions [2011] UKSC 4227 July 2011 Pensions law
HM Advocate v Ambrose & Ors [2011] UKSC 436 October 2011 Right to counsel; Article 6, ECHR
HM Advocate v P [2011] UKSC 446 October 2011 Right to counsel; Article 6, ECHR
R (Bibi) v Secretary of State for the Home Department [2011] UKSC 4512 October 2011 Immigration law; Article 8, ECHR
AXA General Insurance Ltd v The Lord Advocate [2011] UKSC 4612 October 2011 Negligence
R (Gaines-Cooper) v Commissioners for Her Majesty's Revenue and Customs [2011] UKSC 4719 October 2011 Tax law
Re. Kaupthing Singer & Friedlander Ltd and Re the Insolvency Act 1986 [2011] UKSC 4819 October 2011 Insolvency law
Gale v Serious Organised Crime Agency [2] [2011] UKSC 4926 October 2011 Criminal law
Rainy Sky SA v Kookmin Bank [2011] UKSC 502 November 2011 Contract law
Human Genome Sciences Inc v Eli Lilly & Co. [2011] UKSC 512 November 2011 Intellectual property
Berrisford v Mexfield Housing Co-operative Ltd [2] [2011] UKSC 529 November 2011 Land law
Jones v Kernott [2011] UKSC 539 November 2011 Land law
McGowan v B [2011] UKSC 5423 November 2011 Right to counsel; Article 6, ECHR
Jude v HM Advocate [2011] UKSC 5523 November 2011 Right to counsel; Article 6, ECHR
Aberdeen City Council v Stewart Milne Group Ltd [2011] UKSC 567 December 2011 Land law
Russell v Transocean International Resources Ltd [2011] UKSC 577 December 2011 Working Time Regulations 1998
Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2011] UKSC 5814 December 2011 Labour law
R v Gnango [2011] UKSC 5914 December 2011 Criminal law
Secretary of State for Work and Pensions v Payne [2011] UKSC 6014 December 2011 Insolvency law

2011 opinions


Delivered a judgment (majority)

Concurred in the judgment of another justice (majority)

Delivered a judgment (dissenting)

Concurred in the judgment of another justice (dissent)

Did not participate in the decision
Case nameCitationArguedDecided Phillips Hope Saville Rodger Walker Hale Brown Mance Collins Kerr Clarke Dyson Judge Wilson
R (Coke-Wallis) v Institute of Chartered Accountants [2011] UKSC 18–9 November 201019 January
Morge v Hampshire County Council [2011] UKSC 28 November 201019 January
Yemshaw v Hounslow [2011] UKSC 32 December 201026 January
ZH (Tanzania) v Home Secretary [2011] UKSC 49–10 November 20101 February
GPS Inc. v Syarikat Takaful Malaysia Berhad [2009] UKSC 528–29 July 20101 February
Manchester CC v Pinnock [lower-alpha 1] [2011] UKSC 65–8 July 20109 February
Brent LBC v Risk Management Partners [2011] UKSC 78–9,13 December 20109 February
Hounslow LBC v Powell [lower-alpha 2] [2011] UKSC 823–24 November 201023 February
R v Forsyth [2011] UKSC 96 December 201023 February
Sienkiewicz v Greif [lower-alpha 2] [2011] UKSC 1026–28 October 20109 March
Patmalniece v Secretary for Work and Pensions [2011] UKSC 1129–30 November, 1 December 201016 March
WL (Congo) v Home Secretary [lower-alpha 3] [2011] UKSC 1215–18 November 201023 March
Jones v Kaney [lower-alpha 2] [2011] UKSC 1311–12 January30 March
Duncombe v Schools Secretary [2011] UKSC 1417–18 January30 March
Communities Secretary v Welwyn Hatfield BC [2011] UKSC 157–8 February6 April
Farstad Supply v Enviroco [2011] UKSC 1619–20 January6 April
Baker v Quantum Clothing Group [2011] UKSC 1722–24 November 201013 April
R (Adams) v Justice Secretary [2011] UKSC 1815–17 February11 May
HMRC v Tower MCashback [2011] UKSC 1921–22 February11 May
McCaughey's Application for Judicial Review [2011] UKSC 202–3 February18 May
R (GC) v Commissioner of Police of the Metropolis [2011] UKSC 2131 January - 1 February18 May
FA (Iraq) v Secretary of State for the Home Department [2011] UKSC 2223, 24 February25 May
Shepherd Masimba Kambadzi v Secretary of State for the Home Department [2011] UKSC 2310, 11 February25 May
Fraser v HM Advocate [2011] UKSC 2421, 22 March25 May
Bloomsbury v Sea Fish Industry Authority [2011] UKSC 2523, 24 March15 June
Parkwood Leisure v Alemo-Herron [2011] UKSC 2613, 14 April15 June
Re. E (Children) [2011] UKSC 2723, 24 May10 June
R (on the application of Cart) v The Upper Tribunal [lower-alpha 2] [2011] UKSC 2814–17 March22 June
Eba v Advocate General for Scotland [lower-alpha 2] [2011] UKSC 2914–17 March22 June
R (on the application of G) v The Governors of X School [2011] UKSC 3011, 12 April29 June
NML Capital Ltd v Republic of Argentina [2011] UKSC 3129, 30 March6 July
Scottish Widows plc v Commissioners for Her Majesty's Revenue and Customs [lower-alpha 4] [2011] UKSC 3216, 17 May6 July
R (on the application of McDonald) v Royal Borough of Kensington and Chelsea [2011] UKSC 334, 5 April6 July
Al Rawi v The Security Service [lower-alpha 3] [lower-alpha 5] [2011] UKSC 3424, 25 January13 July
Home Office v Tariq [lower-alpha 3] [lower-alpha 5] [2011] UKSC 3526, 27 January13 July
Duncombe v Secretary of State for Children, Schools and Families (no. 2) [lower-alpha 5] [2011] UKSC 3617, 18 January15 July
R v Smith (2011) [2011] UKSC 3716 June20 July
Belmont Park Investments PTY Ltd v BNY Corporate Trustee Services Ltd and Lehman Brothers Special Financing Inc [lower-alpha 2] [2011] UKSC 381–3 March27 July
Lucasfilm Ltd v Ainsworth [2011] UKSC 397–9 March27 July
Jivraj v Hashwani [2011] UKSC 406, 7 April27 July
Autoclenz Ltd v Belcher [2011] UKSC 4111, 12 May27 July
Houldsworth v Bridge Trustees Ltd and Secretary of State for Work and Pensions [2011] UKSC 4220, 21 June27 July
HM Advocate v Ambrose [lower-alpha 6] [2011] UKSC 4328–30 June6 October
HM Advocate v P [lower-alpha 6] [2011] UKSC 4428–30 June6 October
R (on the application of Bibi) v Secretary of State for the Home Department [2011] UKSC 458, 9 June12 October
AXA General Insurance Ltd v The Lord Advocate [lower-alpha 2] [lower-alpha 7] [2011] UKSC 4613–15 June12 October
R (on the application of Gaines-Cooper) v Commissioners for Her Majesty's Revenue and Customs [2011] UKSC 476, 7 July19 October
Rainy Sky SA v Kookmin Bank [2011] UKSC 5027 July2 November
Human Genome Sciences Inc v Eli Lilly & Co. [lower-alpha 4] [2011] UKSC 5118–20 July2 November
Berrisford v Mexfield Housing Co-operative Ltd [lower-alpha 2] [lower-alpha 4] [2011] UKSC 525, 6 October9 November
Jones v Kernott [2011] UKSC 534 May9 November
McGowan v B [lower-alpha 8] [2011] UKSC 5411, 12 October23 November
Jude v HM Advocate [lower-alpha 8] [2011] UKSC 5511, 12 October23 November
Aberdeen City Council v Stewart Milne Group Ltd [2011] UKSC 5610 November7 December
Russell and others v Transocean International Resources Ltd [2011] UKSC 5726, 27 October7 December
Edwards v Chesterfield Royal Hospital NHS Foundation Trust [lower-alpha 2] [2011] UKSC 5822, 23 June14 December
R v Gnango [lower-alpha 2] [2011] UKSC 5911, 12 July14 December
Secretary of State for Work and Pensions v Payne [2011] UKSC 603 November14 December

Judges


Notes

  1. This case was simply a clarification of details of an order made in the previous judgement at [2010] UKSC 45.
  2. 1 2 3 4 5 6 7 8 9 10 An augmented panel of 7 judges sat in this case.
  3. 1 2 3 An augmented panel of 9 judges sat in this case.
  4. 1 2 3 The Master of the Rolls, Lord Neuberger also sat in on this case and gave a judgment that formed the unanimous majority.
  5. 1 2 3 Lord Rodger died before judgment was given in this case. He indicated that he would join the majority.
  6. 1 2 Lord Matthew Clarke also gave judgment in this case. He agreed with the lead judgment handed down by Lord Hope.
  7. Lord Reed also gave judgment in this case. He delivered the lead judgment alongside Lord Hope.
  8. 1 2 Lord Hamilton also sat in on this case. He concurred with the lead judgment of Lord Hope.

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References

  1. This judgment was simply a clarification of details of an order made in the previous judgement at [2010] UKSC 45
  2. 1 2 3 4 5 6 7 8 9 10 11 An augmented panel of 7 judges sat in this case
  3. 1 2 3 4 An augmented panel of 9 judges sat in this case
  4. The Master of the Rolls, Lord Neuberger also sat in on this case and gave a judgment that formed the unanimous majority.
  5. 1 2 Lord Rodger died before judgment was given in this case. He indicated that he would join the majority.
  6. "Supreme Court judge Lord Rodger of Earlsferry dies". BBC News . 26 June 2011. Archived from the original on 27 June 2011.
  7. 1 2 "Former Justices". Supreme Court of the United Kingdom . Retrieved 9 March 2014.