2012 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 2012. 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.

All dates are for 2012 unless expressly stated otherwise.

2012 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
Ravat v Halliburton Manufacturing and Services Ltd [2012] UKSC 18 February 2012 Jurisdiction; Labour law
Rabone v Pennine Care NHS Trust [2012] UKSC 28 February 2012 Article 2, ECHR
Re. Stanford International Bank Ltd v Director of the Serious Fraus Office [2012] UKSC 315 February 2012 Restraint order
Sugar v British Broadcasting Corporation [2012] UKSC 415 February 2012 Freedom of information
Re Peacock [2012] UKSC 522 February 2012 Proceeds of Crime Act 2002
Re Lehman Brothers International and Re the Insolvency Act 1986 [2012] UKSC 629 February 2012 Insolvency law
Anderson v Shetland Islands Council [2012] UKSC 729 February 2012 Security for costs Archived 4 July 2015 at the Wayback Machine
W and BB v Secretary of State for the Home Department [2012] UKSC 87 March 2012 Immigration law
Ministry of Defence v AB [1] [2012] UKSC 914 March 2012 Limitation Act 1980
Re S (A Child) [2012] UKSC 1014 March 2012 Child abduction
Flood v Times Newspapers Ltd [2012] UKSC 1121 March 2012 Defamation
R (ST) v Secretary of State for the Home Department [1] [2012] UKSC 1221 March 2012 Immigration law
Tesco Stores Ltd v Dundee City Council [2012] UKSC 1321 March 2012 Planning law
BAI (Run Off) Ltd v Durham (The Trigger Litigation) [2012] UKSC 1428 March 2012 Insurance law; negligence
Homer v Chief Constable of West Yorkshire Police [2012] UKSC 1525 April 2012 Labour law It was a violation of the Equality Act 2010 to require a policeman to have a law degree close to retirement to continue in a similar job.
Seldon v Clarkson Wright and Jakes [2012] UKSC 1625 April 2012 Labour law There was no unjustified indirect discrimination under the Equality Act 2010 by a firm having a policy of requiring partners to retire at a certain age, since this enabled young people to advance.
Petroleo Brasileiro SA v E.N.E. Kos 1 Ltd [2012] UKSC 172 May 2012 Maritime law
Humphreys v Commissioners for Her Majesty's Revenue and Customs [2012] UKSC 1816 May 2012 Tax credit
Test Claimants in the Franked Investment Income Group Litigation v Commissioners of Inland Revenue [1] [2012] UKSC 1923 May 2012 Corporation tax
Lukaszewski v The District Court in Torun, Poland [2012] UKSC 2023 May 2012 European Arrest Warrant
NJDB v JEG [2012] UKSC 2123 May 2012 Family law
Assange v The Swedish Prosecution Authority [1] [2012] UKSC 2230 May 2012 European Arrest Warrant
R (KM) v Cambridgeshire County Council [1] [2012] UKSC 2331 May 2012 Disability law
BH v The Lord Advocate [1] [2012] UKSC 2420 June 2012 Extradition; Article 8, ECHR
HH v Deputy Prosecutor of the Italian Republic, Genoa [1] [2012] UKSC 2520 June 2012 European Arrest Warrant
Fairclough Homes Ltd v Summers [2012] UKSC 2627 June 2012 Criminal law
Oracle America Inc (Formerly Sun Microsystems Inc) v M-Tech Data Ltd [2012] UKSC 2727 June 2012 Free movement of goods
Phillips v Mulcaire [2012] UKSC 284 July 2012 Phone hacking
Gow v Grant [2012] UKSC 294 July 2012 Family law
ANS v ML [2012] UKSC 3011 July 2012 Family law; Article 8, ECHR
G Hamilton (Tullochgribban Mains) Ltd v The Highland Council [2012] UKSC 3111 July 2012 Planning law
R (Munir) v Secretary of State for the Home Department [2012] UKSC 3218 July 2012 Immigration law
R (Alvi) v Secretary of State for the Home Department [2012] UKSC 3318 July 2012 Immigration law
The Health and Safety Executive v Wolverhampton City Council [2012] UKSC 3418 July 2012 Judicial review
Perry v Serious Organised Crime Agency [2] [2012] UKSC 3525 July 2012 Proceeds of Crime Act 2002
T (Children) [2012] UKSC 3625 July 2012 Costs
Hewage v Grampian Health Board [2012] UKSC 3725 July 2012 Labour law
RT v Secretary of State for the Home Department [1] [2012] UKSC 3825 July 2012 Immigration law
Solihull Metropolitan Borough Council v Hickin [2012] UKSC 3925 July 2012 Landlord-tenant law
SerVaas Inc v Rafidain Bank [2012] UKSC 4017 August 2012 State Immunity Act 1978
Day v Hosebay Ltd [1] [2012] UKSC 4110 October 2012 Leasehold Reform Act 1967
R v Varma [2012] UKSC 4210 October 2012 Proceeds of Crime Act 2002
British Airways plc v Williams [2012] UKSC 4317 October 2012 Labour law
Walton v The Scottish Ministers [2012] UKSC 4417 October 2012 Planning law
BCL Old Co Ltd v BASF plc [2012] UKSC 4524 October 2012 Competition law
Rubin v Eurofinance SA [2012] UKSC 4624 October 2012 Jurisdiction
Birmingham City Council v Abdulla [2012] UKSC 4724 October 2012 Labour law
Secretary of State for Foreign and Commonwealth Affairs v Yunus Rahmatullah [1] [2012] UKSC 4831 October 2012 Habeas corpus
Jessy Saint Prix v Secretary of State for Work and Pensions [2012] UKSC 4931 October 2012 Labour law
Morris v Rae [2012] UKSC 507 November 2012 Contract law
R v Waya [2] [2012] UKSC 5114 November 2012 Proceeds of Crime Act 2002
R (Gujra) v Crown Prosecution Service [2012] UKSC 5214 November 2012 Private prosecution
Local Government Byelaws (Wales) Bill 2012 - Reference by the Attorney General for England and Wales [2012] UKSC 5321 November 2012 Welsh devolution
Al-Sirri v Secretary of State for the Home Department [2012] UKSC 5421 November 2012 Immigration law
The Rugby Football Union v Consolidated Information Services Ltd (Formerly Viagogo Ltd) [2012] UKSC 5521 November 2012 Charter of Fundamental Rights of the European Union
The Catholic Child Welfare Society v Various Claimants and The Institute of the Brothers of the Christian Schools [2012] UKSC 5621 November 2012 Vicarious liability
Ruddy v Chief Constable, Strathclyde Police [2012] UKSC 5728 November 2012 Article 3, ECHR
RM v The Scottish Ministers [2012] UKSC 5828 November 2012 Judicial review
X v Mid Sussex Citizens Advice Bureau [2012] UKSC 5912 December 2012 Labour law
Re A (A Child) [2012] UKSC 6012 December 2012 Family law
Imperial Tobacco Ltd v The Lord Advocate [2012] UKSC 6112 December 2012 Scottish devolution
Kinloch v Her Majesty's Advocate [2012] UKSC 6219 December 2012 Article 6, ECHR; Article 8, ECHR
Société Générale, London Branch v Geys [2012] UKSC 6319 December 2012 Labour law

2012 judgments


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 Walker Hale Brown Mance Kerr Clarke Dyson Judge Wilson Sumption Reed Carnwath Neuberger
Ravat v Halliburton Manufacturing and Services Ltd [2012] UKSC 122 November 20118 February
Rabone v Pennine Care NHS Trust [2012] UKSC 27-9 November 20118 February
Stanford International Bank Ltd v Director of The Serious Fraud Office [3] [2012] UKSC 325 January15 February
Sugar v British Broadcasting Corporation [2012] UKSC 423-24 November 201115 February
Re Peacock [2012] UKSC 514 December 201122 February
Re Lehman Brothers International and Re the Insolvency Act 1986 [4] [2012] UKSC 631 October-3 November 201129 February
Anderson v Shetland Islands Council [3] [2012] UKSC 7N/A [5] 29 February
W and BB v Secretary of State for the Home Department [2012] UKSC 830 January7 March
Ministry of Defence v AB [1] [2012] UKSC 914-17 November 201114 March
Re S (A Child) [2012] UKSC 1020 February14 March
Flood v Times Newspapers Ltd [2012] UKSC 1117-18 October 201121 March
R (ST) v Secretary of State for the Home Department [1] [2012] UKSC 1213-14 February21 March
Tesco Stores Ltd v Dundee City Council [2012] UKSC 1315-16 February21 March
BAI (Run Off) Ltd v Durham (The Trigger Litigation) [2012] UKSC 145-8 & 12–15 December 201128 March
Homer v Chief Constable of West Yorkshire Police [2012] UKSC 1517-19 January25 April
Seldon v Clarkson Wright and Jakes [2012] UKSC 1617-18 January25 April
Petroleo Brasileiro SA v E.N.E. Kos 1 Ltd [2012] UKSC 1712 January2 May
Humphreys v Commissioners for Her Majesty's Revenue and Customs [2012] UKSC 1814-15 March16 May
Test Claimants in the Franked Investment Income Group Litigation v Commissioners of Inland Revenue [1] [2012] UKSC 1921-23 & 27–9 February23 May
Lukaszewski v The District Court in Torun, Poland [2012] UKSC 2021-22 February23 May
NJDB v JEG [2012] UKSC 2113-14 March23 May
Assange v The Swedish Prosecution Authority [1] [2012] UKSC 221-2 February30 May
R (KM) v Cambridgeshire County Council [1] [2012] UKSC 237-8 February31 May
BH v The Lord Advocate [1] [2012] UKSC 245-8 March20 June
HH v Deputy Prosecutor of the Italian Republic, Genoa [1] [6] [2012] UKSC 255-8 March20 June
Fairclough Homes Ltd v Summers [2012] UKSC 2618-19 April27 June
Oracle America Inc (Formerly Sun Microsystems Inc) v M-Tech Data Ltd [2012] UKSC 2730 April-1 May27 June
Phillips v Mulcaire [2012] UKSC 288-10 May4 July
Gow v Grant [2012] UKSC 2924 May4 July
ANS v ML [2012] UKSC 3021-22 May11 July
G Hamilton (Tullochgribban Mains) Ltd v The Highland Council [2012] UKSC 3120 June11 July
R (Munir) v Secretary of State for the Home Department [2012] UKSC 3224-26 April18 July
R (Alvi) v Secretary of State for the Home Department [2012] UKSC 3324-26 April18 July
The Health and Safety Executive v Wolverhampton City Council [2012] UKSC 3413-14 June18 July
Perry v Serious Organised Crime Agency [2] [7] [2012] UKSC 352-22 March25 July
T (Children) [2012] UKSC 3625 June25 July
Hewage v Grampian Health Board [2012] UKSC 3726 June25 July
RT v Secretary of State for the Home Department [1] [2012] UKSC 3818-19 June25 July
Solihull Metropolitan Borough Council v Hickin [2012] UKSC 393 July25 July
SerVaas Inc v Rafidain Bank [2012] UKSC 4028-29 May17 August
Day v Hosebay Ltd [1] [2012] UKSC 4116-18 July10 October
R v Varma [2012] UKSC 4227 June10 October
British Airways plc v Williams [2012] UKSC 4323 July17 October
Walton v The Scottish Ministers [2012] UKSC 449-10 July17 October
BCL Old Co Ltd v BASF plc [2012] UKSC 459-10 July24 October
Rubin v Eurofinance SA [8] [2012] UKSC 4621-24 May24 October
Birmingham City Council v Abdulla [2012] UKSC 4711 July24 October
Secretary of State for Foreign and Commonwealth Affairs v Yunus Rahmatullah [1] [2012] UKSC 482-3 July31 October
Jessy Saint Prix v Secretary of State for Work and Pensions [9] [2012] UKSC 4915 October31 October
Morris v Rae [2012] UKSC 503 October7 November
R v Waya [2] [10] [2012] UKSC 5127-29 March14 November
R (Gujra) v Crown Prosecution Service [2012] UKSC 524 October14 November
Local Government Byelaws (Wales) Bill 2012 - Reference by the Attorney General for England and Wales [2012] UKSC 539-10 October21 November
Al-Sirri v Secretary of State for the Home Department [2012] UKSC 5414-17 May21 November
The Rugby Football Union v Consolidated Information Services Limited (Formerly Viagogo Limited) [2012] UKSC 5514 June21 November
The Catholic Child Welfare Society v Various Claimants and The Institute of the Brothers of the Christian Schools [2012] UKSC 5623-24 July21 November
Ruddy v Chief Constable, Strathclyde Police [2012] UKSC 5729 October28 November
RM v The Scottish Ministers [2012] UKSC 5823 October28 November
X v Mid Sussex Citizens Advice Bureau [2012] UKSC 5931 October-1 November12 December
Re A (A Child) [2012] UKSC 6029 November12 December
Imperial Tobacco Limited v The Lord Advocate [2012] UKSC 6112-13 November12 December
Kinloch v Her Majesty's Advocate [2012] UKSC 6226 November19 December
Société Générale, London Branch v Geys [2012] UKSC 6317-18 October19 December

Notes

  1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 An augmented panel of 7 judges sat in this case.
  2. 1 2 3 4 An augmented panel of 9 judges sat in this case.
  3. 1 2 An augmented panel of 3 judges sat in this case.
  4. Lord Collins also sat in this case and found with Lords Clarke and Dyson in a 3-2 majority decision.
  5. This application was considered by way of written submissions.
  6. The chart shows the justice's decision in respect of HH. FK's appeal was unanimously allowed; PH's appeal was dismissed by a 6-1 majority (Lady Hale dissenting).
  7. The Vice President of the Criminal Division of the Court of Appeal, Sir Anthony Hughes, also sat on this appeal. He gave a short judgment for the majority that concurred with Lord Phillips.
  8. Lord Collins sat on this case and gave the leading judgment for the majority.
  9. The decision in this case was not in favour of one side or the other but rather the Supreme Court unanimously decided to refer the case to the Court of Justice of the European Union. Lady Hale set out the terms of the reference.
  10. The Vice President of the Criminal Division of the Court of Appeal, Sir Anthony Hughes, also sat on this appeal. He gave the leading judgment alongside Lord Walker.

Judges

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