2017 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 2017. 5 cases have been decided as of 25 January 2017 and these are ordered by neutral citation.

Contents

In 2017 Lord Neuberger is the President of the Supreme Court, Lady Hale is the Deputy President.

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 2017 unless expressly stated otherwise.

2017 case summaries

Case nameCitationDateLegal subjectSummary of decision
Rahmatullah (No 2) v Ministry of Defence [2017] UKSC 1 17 January Crown Proceedings Act 1947
Abd Ali Hameed Al-Waheed v Ministry of Defence [2017] UKSC 2 17 January Constitutional law Detention
Belhaj v Straw [2017] UKSC 3 17 January International law Act of state doctrine
FirstGroup Plc v Paulley [2017] UKSC 4 18 January Discrimination law A bus company's duty to provide wheelchair space under the Equality Act 2010.
R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5 24 January Constitutional law An Act of Parliament, not the Royal Prerogative, was required to send notification under TEU article 50 to negotiate leaving the EU because this would withdraw rights under Acts of Parliament. Decided by 11 judges.
Akers v Samba Financial Group [2017] UKSC 6 1 February Conflict of laws Extinguishing of an equitable interest by transferring legal title to a bona fide purchase for value was not a "disposition" of that equitable interest for the purposes of avoidance under the Insolvency Act 1986.
DB v Chief Constable of Police Service of Northern Ireland [2017] UKSC 7 1 February Constitutional law Bans on processions in Northern Ireland and ECHR article 11.
Re Brewster [2017] UKSC 8 8 February
R (Hicks) v Commissioner of Police for the Metropolis [2017] UKSC 9 15 February Constitutional law
R (MM (Lebanon)) v Secretary of State [2017] UKSC 10 22 February
R (Agyarko and Ikuga) v Secretary of State for the Home Department [2017] UKSC 11 22 February
Homes and Communities Agency v JS Bloor (Wilmslow) Ltd [2017] UKSC 12 22 February
AMT Futures Ltd v Marzillier [2017] UKSC 13 1 March
Newbigin (Valuation Officer) v SJ & J Monk [2017] UKSC 14 1 March
EV (A Child), Re (Scotland) [2017] UKSC 15 1 March
IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation [2017] UKSC 16 1 March
Ilott v The Blue Cross [2017] UKSC 17 15 March
AIG Europe Ltd v Woodman [2017] UKSC 18 22 March
Financial Conduct Authority v Macris [2017] UKSC 19 22 March
Gordon v Scottish Criminal Cases Review Commission (Scotland) [2017] UKSC 20 22 March
BPE Solicitors v Hughes-Holland [2017] UKSC 21 22 March
N v ACCG [2017] UKSC 22 22 March
Plevin v Paragon Personal Finance Ltd [2017] UKSC 23 29 March
Wood v Capita Insurance Services Ltd [2017] UKSC 24 29 March
AB v Her Majesty's Advocate [2017] UKSC 25 5 April
Volkswagen Financial Services (UK) Ltd v Revenue and Customs [2017] UKSC 26 5 April
Essop v Home Office (UK Border Agency) [2017] UKSC 27 5 April Labour law A skills test was indirect discrimination, and claimants need not prove why if there is in fact a disparate impact.
Isle of Wight Council v Platt [2017] UKSC 28 6 April
Revenue and Customs v The Investment Trust Companies [2017] UKSC 29 11 April
SXH v The Crown Prosecution Service [2017] UKSC 30 11 April
McCann v The State Hospitals Board for Scotland [2017] UKSC 31 11 April
Lowick Rose LLP v Swynson Ltd [2017] UKSC 32 11 April
Times Newspapers Ltd v Flood [2017] UKSC 33 11 April
Nuclear Decommissioning Authority v EnergySolutions EU Ltd [2017] UKSC 34 11 April
Gard Marine and Energy Ltd v China National Chartering Company Ltd [2017] UKSC 35 10 May
Poshteh v Royal Borough of Kensington and Chelsea [2017] UKSC 36 10 May
Suffolk Coastal District Council v Hopkins Homes Ltd [2017] UKSC 37 10 May
LB Holdings Intermediate 2 Ltd v Lehman Brothers International (Europe) [2017] UKSC 38 17 May Insolvency law
Hartley v King Edward VI College [2017] UKSC 39 24 May Labour law Wage deductions from striking teachers were unlawful by exceeding the proportion of time on strike.
R (Coll) v Secretary of State for Justice [2017] UKSC 40 24 May
R (A and B) v Secretary of State for Health [2017] UKSC 41 14 June
R (Kiarie and Byndloss) v Secretary of State for the Home Department [2017] UKSC 42 14 June
Globalia Business Travel SAU of Spain v Fulton Shipping Inc of Panama [2017] UKSC 43 28 June
Lord Advocate v Dean [2017] UKSC 44 28 June
RFC 2012 Plc v Advocate General for Scotland [2017] UKSC 45 5 July
O'Brien v Ministry of Justice [2017] UKSC 46 12 July
Walker v Innospec Ltd [2017] UKSC 47 12 July
Eli Lilly v Actavis UK Ltd [2017] UKSC 48 12 July
PNM v Times Newspapers Ltd & [2017] UKSC 49 19 July
R (Hemming (t/a Simply Pleasure)) v Westminster City Council [2017] UKSC 50 19 July
R (UNISON) v Lord Chancellor [2017] UKSC 51 26 July Constitutional law, Labour law The Lord Chancellor's Order imposing £1200 fees to bring Employment Tribunal claims violated the rule of law.
McDonald v Newton or McDonald [2017] UKSC 52 26 July
Birch v Birch [2017] UKSC 53 26 July
Sadovska v Secretary of State for the Home Department [2017] UKSC 54 26 July
BPP Holdings Ltd v Revenue and Customs [2017] UKSC 55 26 July
R (Forge Care Homes Ltd) v Cardiff and Vale University Health Board [2017] UKSC 56 2 August
Goldtrail Travel Ltd v Onur Air Tasimacilik AS [2017] UKSC 57 2 August
R v M [2017] UKSC 58 3 August
MT Hojgaard AS v EON Climate and Renewables UK Robin Rigg East Ltd [2017] UKSC 59 3 August
Armes v Nottinghamshire County Council [2017] UKSC 60 18 October
Reyes v Al-Malki [2017] UKSC 61 18 October
Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs [2017] UKSC 62 18 October Labour law, International law There was no state immunity for breach of employment rights.
Re Loughlin [2017] UKSC 63 18 October
Taurus Petroleum Limited v State Oil Marketing Company of the Ministry of Oil, Republic of Iraq [2017] UKSC 64 25 October
P v Commissioner of Police of the Metropolis [2017] UKSC 65 25 October
Aberdeen City and Shire Strategic Development Planning Authority v Elsick Development Company Limited [2017] UKSC 66 25 October
Ivey v Genting Casinos (UK) Ltd [2017] UKSC 67 25 October Criminal law The test for fraud is objective.
Mitsui & Co Ltd v Beteiligungsgesellschaft LPG Tankerflotte MBH & Co KG [2017] UKSC 68 25 October
Brown v The Parole Board for Scotland [2017] UKSC 69 1 November Article 5 of the European Convention on Human Rights, Human Rights Act 1998 The duty to afford prisoners a real opportunity for rehabilitation extends beyond those subject to life sentences and includes prisoners serving the extended part of an extended sentence. [1]
Littlewoods Ltd v Commissioners for Her Majesty's Revenue and Customs [2017] UKSC 70 1 November Tax Law Littlewoods were not entitled on common law grounds to receive compound interest from HMRC on overpaid VAT. The terms of the Value Added Tax Act 1994 exclude common law restitution claims and compound interest and these provisions were not contrary to EU law. [2]
Michalak v General Medical Council [2017] UKSC 71 1 November Judicial Review, Equality Act 2010 A judicial review of conduct relating to a decision by the General Medical Council does not constitute 'proceedings in the nature of appeal' but is instead 'proceedings in which the legality of any decision, to the procedure by which it is reached, is challenge'. As a result, claimants complaining of unlawful discrimination by a qualification body can take the complaint to the Employment Tribunal in all cases unless there is a specific alternative right of appeal. [3]
R (C) v Secretary of State for Work and Pensions [2017] UKSC 72 1 November Gender Inequality, Gender Recognition Act 2004, Human Rights Act 1998, Equality Act 2010 Policies in the administration the welfare benefits system which retained the birth gender of a person within a person's records were not unlawful in their application to people of reassigned gender. [4]
R (HC) v Secretary of State for Work and Pensions [2017] UKSC 73 15 November Immigration Law Regulations introduced to exclude persons from eligibility to social security benefits who qualified to reside in the UK solely as a result of the ruling in Ruiz Zambrano v Office national de l'emploi were not incompatible with the EU Charter of Fundamental Rights or Article 14 of the European Convention on Human Rights. [5]
R (De Silva) v HM Revenue and Customs [2017] UKSC 74 15 November Tax Law, Taxes Management Act 1970 Enquiries made by HMRC into elections made by members of a film partnership, in respect of the utilisation of losses made by that partnership, were valid where the enquiry was made into the partnership return rather than specifically into the claims made by the individuals. [6]
Gordon v Campbell Riddell Breeze Paterson LLP [2017] UKSC 75 15 November Professional negligence, Prescription and Limitation (Scotland) Act 1973 The five year time limits in the Prescription and Limitation (Scotland) Act 1973 meant that a claim involving a professional negligence action against a firm of solicitors could only be made for up to five years from the date on which the client incurred the loss, even if the party did not know that they will have a claim during that period. [7]
Scotch Whisky Association & Ors v The Lord Advocate [2017] UKSC 76 15 November The Alcohol (Minimum Pricing) (Scotland) Act 2012, Treaty on the Functioning of the European Union The Scottish government minimum pricing legislation on alcohol was legal and did not conflict with the requirements for 'open and un-distorted competition' guaranteed by the EU free movement principles. [8]
Tiuta International Ltd (in liquidation) v De Villiers Surveyors Ltd [2017] UKSC 77 29 November Professional negligence in English law Where a lender had made a loan to a property developer based on a valuation from a property surveyor which replaced an existing loan made by the same lender, which was based on a previous valuation (for which not claim for negligence was made), then the loss to the lender arising from the second valuation was limited to the additional monies lent under the second loan rather than the whole of the value of the second loan. [9]
O'Connor v Bar Standards Board [2017] UKSC 78 6 December Human Rights Human Rights Act 1998 A barrister who had been charged by the Bar Standards Board for professional misconduct and who had challenged the charge as being a breach of rights under the European Convention on Human Rights was not out of time to make such a challenge. The 12 month time period for making such a claim where there was a continuous course of conduct could start from the end of that continuous period. [10]
Dover District Council v CPRE Kent [2017] UKSC 79 6 December Planning permission in the United Kingdom, The Town and Country Planning Act 1990 Where a local planning authority had granted permission against the advice of its own professional advisers it had a common law duty to provide reasons for the decision. Such a duty also existed in statute under the Town and County Planning (Environmental Impact Assessment) Regulations 2011. [11]
Four Seasons Holdings Incorporated v Brownlie [2017] UKSC 80 19 December Tort law The term "damange" should be given its ordinary and natural meaning in considering whether the civil procedure rules allow for proceedings to be brought in the English courts where 'damage was, or will be sustained, within the jurisdiction'. Therefore, an indirect loss suffered in England as a result of a tort committed abroad may be sufficient to establish the English court's jurisdiction to hear the claim. [12]
R (Black) v Secretary of State for Justice [2017] UKSC 81 19 December Smoking ban in England The Crown, in respect of the operations of Her Majesty's Prison Service is not bound by the provisions of the smoking ban in England as express provision to bind the Crown as not made in the Health Act 2006. [13]
R (Hysaj) v Secretary of State for the Home Department [2017] UKSC 82 21 December British nationality law, British Nationality Act 1981 Misrepresentations made in applications for citizenship render the applicant to be liable to be deprived of citizenship. However, the concept of nullity only applies where a person applies for citizenship by impersonating another real person and does not apply in other cases were a person adopted a false identity. Persons note impersonating another real person will therefore be entitled to the full appeals process. [14] [15]

2017 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 Neuberger Hale Mance Kerr Clarke Wilson Sumption Reed Carnwath Hughes Hodge
Rahmatullah (No 2) v Ministry of Defence [2017] UKSC 19-10 May 201617 January
Abd Ali Hameed Al-Waheed v Ministry of Defence [2017] UKSC 21-4 February 2016; 26 October 201617 January
Belhaj v Straw [2017] UKSC 39-12 November 201517 January
FirstGroup Plc v Paulley [16] [2017] UKSC 415 June 201618 January
R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 55-8 December 201624 January
Akers v Samba Financial Group [17] [2017] UKSC 627–28 April 20161 February 2017
DB v Chief Constable of Police Service of Northern Ireland [18] [2017] UKSC 715 November 20161 February 2017
In the matter of an application by Denise Brewster for Judicial Review [19] [2017] UKSC 824 November 20168 February 2017
R (Hicks) v Commissioner of Police for the Metropolis [20] [2017] UKSC 928–29 June 201615 February 2017
R (MM) v Secretary of State for the Home Department [2017] UKSC 1022–24 February 201622 February 2017
R (Agyarko) v Secretary of State for the Home Department [2017] UKSC 116–7 April 201622 February 2017
Homes and Communities Agency v J S Bloor (Wilmslow) Ltd [2017] UKSC 1212 January 201722 February 2017
Isle of Wight Council v Platt [2017] UKSC 2831 January 20176 April 2017
R (UNISON) v Lord Chancellor [2017] UKSC 5127–28 March 201726 July 2017

Notes

  1. ↑ "Supreme Court issues landmark ruling on rehabilitation of extended sentence prisoners". Anderson Strathern. 2 November 2017.
  2. ↑ Ison, Kate (7 November 2017). "Supreme Court decision in Littlewoods: the conclusion to compound interest claims against HMRC?". Bryan Cave Leighton Paisner LLP.
  3. ↑ Ohringer, Adam (1 November 2017). "Discrimination by qualification bodies: Michalak v General Medical Council [2017] UKSC 71". Cloisters. Archived from the original on 30 September 2022. Retrieved 25 October 2020.
  4. ↑ "Are Special Customer Records In Line With Human Rights Protections (R (On the Application of C) v Secretary of State for Work and Pensions)". One Pump Court. 17 November 2017.
  5. ↑ Rutledge, Desmond (15 November 2017). "Zambrano carers: eligibility for welfare benefits and homelessness assistance". Garden Court Chambers.
  6. ↑ Williams, Heather; Avient, Michael. "De Silva decision on historic loss claims". Taxation.
  7. ↑ Sheppard, Ben (11 December 2017). "The Ticking Prescription Time Bomb - a harsh approach that offers certainty". Eversheds Sutherland.
  8. ↑ "Scotch Whisky v Lord Advocate: A Neat Solution or The Law on the Rocks?". Keep Calm Talk Law Ltd. 23 November 2018. Archived from the original on 28 October 2020. Retrieved 23 October 2020.
  9. ↑ Hall, James (15 January 2018). "Tiuta: lender claims in a bit of a mess". Hardwicke.
  10. ↑ "The beginning of time... O'Connor v Bar Standards Board". Weightmans. 12 December 2017.
  11. ↑ "Challenging a public body's decision for lack of any or adequate reasons". Allen & Overy. 18 December 2017.
  12. ↑ "Supreme Court takes expansive view of English court jurisdiction for tort claims". Allen & Overy. 31 January 2018.
  13. ↑ "Supreme Court holds Crown not bound by smoking ban provisions in Health Act 2006". Practical Law by Thomson Reuters. 20 December 2017.
  14. ↑ Khan, Asad (5 January 2018). "Case Comment: R (Hysaj & Ors) v Secretary of State for the Home Department [2017] UKSC 82, Part One". UKSC Blog.
  15. ↑ Khan, Asad (5 January 2018). "Case Comment: R (Hysaj & Ors) v Secretary of State for the Home Department [2017] UKSC 82, Part Two". UKSC Blog.
  16. ↑ Lord Toulson, who had retired, also sat on this case. He agreed with the majority.
  17. ↑ Lord Toulson and Lord Collins, who had retired, also sat on this case. They agreed with the majority.
  18. ↑ Lord Dyson, who had retired, also sat on this case. He agreed with the majority.
  19. ↑ Lord Dyson agreed with the majority.
  20. ↑ Lord Dyson and Lord Toulson also sat on this case. Toulson gave the judgment, with which Dyson agreed.

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