There is nothing to suggest that the UK Parliaments intention was to stifle democratic expression; that would be an astonishing proposition which one would expect to be set out expressly in the 1998 Act and it is not. Should they express a view that they would like to move away from the current system, that would be a matter for negotiations after the referendum. 5.5. In Moohan v Lord Advocate [2014] UKSC 67, 2015 SC (UKSC) 1 Lord Hodge said at 35: I do not exclude the possibility that in the very unlikely event that a parliamentary majority abusively sought to entrench its power by a curtailment of the franchise or similar device, the common law, informed by principles of democracy and the rule of law and international norms, would be able to declare such legislation unlawful.. Most importantly, however, for the purposes of these submissions, the narrow reading of the phrase does not infringe upon, reduce, or deny the Scottish peoples inalienable right to self-determination. Scotland elects representatives to its Parliament; the scope of the people of Scotland is certainly sufficiently clear geographically. of State for Work & Pensions & Ors (Interveners) [2019] UKSC 52", "R (ON THE APPLICATION OF WRIGHT) V RESILIENT ENERGY SEVERNDALE LTD AND FOREST OF DEAN DISTRICT COUNCIL [2019] UKSC 53", "Supreme Court considers and fails to apply the benefit of hindsight", "Supreme Court decision in Royal Mail Group Ltd v Jhuti", "Supreme Court unanimously rules detention of asylum seekers pending removal was unlawful", "A Supreme change to alienation law? 7.10. The arbitration agreement is governed by English law; there is no real prospect that the respondent was a party to the arbitrary agreement. If such a reading is possible, that is the reading which should prevail. 7.22. Outside the context of self-determination, normally limited to situations of colonial type or those involving foreign occupation, it does not confer any right to secede. The particular matter of whether the Scottish Parliament could hold a referendum in relation to independence was discussed during the passage of the Scotland Bill through the UK Parliament. For those reasons, the people of Scotland are a people for the purposes of the right to self-determination. Instead, Parliament has enacted multiple insolvency statutes, the main one being the BIA. Taking all of the above matters into account, it is the respectful submission of the Intervener that: 8.2. In an international law context, the right to self-determination was perhaps most prominent during the post-colonial independence movement. The term "damange" should be given its ordinary and natural meaning in considering whether the, The Crown, in respect of the operations of. That is a fundamental principle of government and to find otherwise would wholly undermine the legitimacy of any executive branch of government and the trust of the public in government as a whole. The rights of other provinces and the federal government cannot deny the right of the government of Quebec to pursue secession, should a clear majority of the people of Quebec choose that goal, so long as in doing so, Quebec respects the rights of others.. It is therefore entirely possible, where there is an accepted geographic boundary within a State, for the determination of a people to be made by reference to such a boundary, constituted of those who have chosen to live there. Neither the narrow reading of the phrase relates to nor the holding of a single question, non-self-executing referendum as proposed in the Bill removes or reduces any power currently vested in the UK Parliament. It cannot be reiterated too often that, according to the International Covenants, self- determination is a right which belongs to peoples, not to governments. That determination is particularly clear where the geographic area already has its own legislature and legal system as is the case with Scotland as set out in more detail below. We cannot afford to be selective in its application, because none of us except perhaps the very strongest can be sure when our own right of self- determination may be threatened.. 4.2. The Intervener submits that, in light of the above and the central and core position of the right of all peoples to self-determination, the right is of fundamental significance perhaps one of the most fundamental rights of all, referred to by the General Assembly as inalienable.2. Japan is a constitutional monarchy.According to Ministry of Justice (MOJ) figures, the Japanese Legal Affairs Bureau offices and civil liberties volunteers dealt with 359,971 human rights related complaints and 18,786 reports of suspected human rights violations during 2003. In the absence of. The entire purpose of devolution was to empower the devolved nations and not to disempower them. An analysis from the law firm Ballard Spahr noted that the 5th Circuits decision applies only to federal district courts in Texas, Louisiana, and Mississippi. A school was liable for the failure of a swimming instructor contractor to take care of children, even though pupils and parents have no contract with the school. We help you take charge with easy-to-use tools and clear choices. 8.3. 7.2. v The Secretary of State for the Home Department, Cramaso LLP v Ogilvie-Grant, Earl of Seafield, R (EM (Eritrea)) v Secretary of State for the Home Department, Commissioners for Her Majesty's Revenue and Customs v Forde and McHugh Ltd, Commissioners for Her Majesty's Revenue and Customs v Secret Hotels2 Ltd (formerly Med Hotels Ltd), R (British Sky Broadcasting Ltd) v The Commissioner of Police of the Metropolis, Cox v Ergo Versicherung AG (formerly known as Victoria), British Telecommunications plc v Telefnica O2 Ltd, L Batley Pet Products Ltd v North Lanarkshire Councilt, R (Fitzroy George) v The Secretary of State for the Home Department, Secretary of State for Home Department v MN and KY, R (Barkas) v North Yorkshire County Council, R (Eastenders Cash and Carry plc) v The Commissioners for Her Majesty's Revenue and Customs, R (T) v Secretary of State for the Home Department, R (Nunn) v Chief Constable of Suffolk Constabulary, R (Whiston) v Secretary of State for Justice, The Manchester Ship Canal Company Ltd v United Utilities Water plc, Agricultural Sector (Wales) Bill - Reference by the Attorney General for England and Wales, R (Sandiford) v The Secretary of State for Foreign and Commonwealth Affairs, FHR European Ventures LLP v Cedar Capital Partners LLC, David T Morrison & Co Ltd t/a Gael Home Interiors v ICL Plastics Ltd, Healthcare at Home Ltd v The Common Services Agency, McDonald v National Grid Electricity Transmission Plc, R (Barclay) v Secretary of State for Justice and Lord Chancellor, AIB Group (UK) v Mark Redler & Co Solicitors, R (Lord Carlile of Berriew QC) v Secretary of State for the Home Department, R (ZH and CN) v London Borough of Newham and London Borough of Lewisham, HRH Prince Abdulaziz Bin Mishal Bin Abdulaziz v Apex Global Management Ltd, Loveridge v Mayor and Burgesses of the London Borough of Lambeth, R (Haney, Kaiyam & Massey) v Secretary of State for Justice, 2015 Judgments of the Supreme Court of the United Kingdom, Michael v The Chief Constable of South Wales Police, Recovery of Medical Costs for Asbestos Diseases (Wales) Bill - Reference by the Counsel General for Wales, Sustainable Shetland v The Scottish Ministers, R (Rotherham Metropolitan Borough Council) v Secretary of State for Business, Innovation and Skills, R (Newhaven Port & Properties Ltd) v East Sussex County Council, R (Jamar Brown (Jamaica)) v The Secretary of State for the Home Department, R (Catt) v Commissioner of Police of the Metropolis, Tael One Partners Ltd v Morgan Stanley & Co International PLC, Akerman-Livingstone v Aster Communities Ltd (formerly Flourish Homes Ltd), R (SG) v Secretary of State for Work and Pensions, R (Trail Riders Fellowship) v Dorset County Council, Pham v Secretary of State for the Home Department, University and College Union v The University of Stirling, Trustees of the Olympic Airlines SA Pension and Life Assurance Scheme v Olympic Airlines SA, Gaughran v Chief Constable of the Police Service of Northern Ireland, Starbucks (HK) Ltd v British Sky Broadcasting Group plc, Zurich Insurance PLC UK Branch v International Energy Group Ltd, Commissioners for Her Majesty's Revenue and Customs v Pendragon plc, Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc, TN and MA (Afghanistan) v Secretary of State for the Home Department, Anson v Commissioners for Her Majesty's Revenue and Customs, R (Cornwall Council) v Somerset County Council, Mathieson v Secretary of State for Work and Pensions, Commissioners for Her Majesty's Revenue and Customs v The Rank Group PLC, R (Champion) v North Norfolk District Council, R (Bourgass) v Secretary of State for Justice, Secretary of State for Work and Pensions v Tolley, John Mander Pension Scheme Trustees Ltd v Commissioners for Her Majesty's Revenue and Customs, R (Tigere) v Secretary of State for Business, Innovation and Skills, Mandalia v Secretary of State for the Home Department, Trade Union and Labour Relations (Consolidation) Act 1992, British American Tobacco Denmark A/S v Kazemier Transport BV, Cavendish Square Holding BV v Talal El Makdessi, R (on the application of Ali) v Secretary of State for the Home Department, Keyu v Secretary of State for Foreign and Commonwealth Affairs, Hague Convention on Parental Responsibility and Protection of Children, Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd, Trump International Golf Club Scotland Ltd v The Scottish Ministers, Socit Cooperative De Production Seafrance SA v The Competition and Markets Authority, R (on the application of Wang Yam) v Central Criminal Court, R (on the application of Roberts) v Commissioner of Police of the Metropolis, 2016 Judgments of the Supreme Court of the United Kingdom, Mirga v Secretary of State for Work and Pensions, Youssef v Secretary of State for Foreign and Commonwealth Affairs, Shop Direct Group v Commissioners for Her Majesty's Revenue and Customs, Mr A M Mohamud v WM Morrison Supermarkets plc, PMS International Group Plc v Magmatic Ltd, DB Group Services Ltd v Commissioners for Her Majesty's Revenue and Customs, R (Nouazli) v Secretary of State for the Home Department, Asset Land Investment Plc v The Financial Conduct Authority, The Mayor's Office for Policing and Crime v Mitsui Sumitomo Insurance Co (Europe) Ltd, R (O) v Secretary of State for the Home Department, NYK Bulkship (Atlantic) NV v Cargill International SA, Airtours Holidays Transport Ltd v Commissioners for Her Majesty's Revenue and Customs, In the matter of an application by JR55 for Judicial Review, PST Energy 7 Shipping LLC v O W Bunker Malta Ltd, Eclipse Film Partners No 35 LLP v Commissioners for Her Majesty's Revenue and Customs, Tribunals, Courts and Enforcement Act 2007, BNY Mellon Corporate Trustee Services Ltd v LBG Capital No. Whenever students face academic hardships, they tend to run to online essay help companies. The Supreme Court found that Parliament had the authority to pass a law to allow same-sex couples to get married. As a result, the 1998 Act must be interpreted in line with its evolving purpose and within the context of the developing role of the Scottish Parliament. 4.1. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press. 7.15. Many of these cases were ultimately resolved in the court. If an employee is dismissed by virtue of a false reason given to the person responsible for making the dismissal then, even if the person responsible has a genuine belief in the false reason, then the actual reason for dismissal is in face the hidden reason that was not disclosed to the decision maker. Wage deductions from striking teachers were unlawful by exceeding the proportion of time on strike. Subsequent discussions or negotiations, which are by necessity conditional on the outcome of such a referendum, are separate and discrete matters. In considering whether professional negligence was the cause of a loss where the negligence consisted of a potential lost litigation opportunity it was necessary to consider, on the balance of the probabilities, where such litigation would have been undertaken if non-negligently advised and whether such litigation would have been successful. Reuters: U.S. Supreme Court conservatives lean against race-conscious student admissions Check out Mini-memeorandum for simple mobiles or memeorandum Mobile for modern smartphones. The British men in the business of colonizing the North American continent were so sure they owned whatever land they land on (yes, thats from Pocahontas), they established new colonies by simply drawing lines on a map. Such a proposition fails to give sufficient weight to the underlying constitutional principles that must inform the amendment process, including the principles of democracy and federalism. 7.4. A six-year non competition clause included in a commercial. A modern approach to the interpretation of legislation in this manner is set out succinctly by Lord Burrows in an extra-judicial speech given on 24 March 2022, particularly at section 3 thereof.16. and this Court cannot interfere with state legislation in fixing fines, or judicial action in imposing them, unless so grossly excessive as to amount to deprivation of property without due process of law. 7.20. 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. The clear implication of that is that the Advocate General believes as a matter of law that, should Scotland wish to become an independent country but the remainder of the United Kingdom does not want that, the remainder of the United Kingdom should have the ability to prevent Scottish independence. Self-determination is not a one-off exercise. The Supreme Court is established by the Supreme Court Act as the "General Court of Appeal for Canada". And indeed, the occupation and brutalisation of peoples by foreign invaders in, for example, Afghanistan and Cambodia represent glaring contemporary violations of this right. That is not what was done., 6.3. U.K.. 3.3. Misrepresentations made in applications for citizenship render the applicant to be liable to be deprived of citizenship. [78] In 2010, the government announced female lawyers would be allowed to represent women in family cases. Canada's judiciary plays an important role in interpreting laws and has the power to strike down Acts of Parliament that violate the constitution. The Scottish Parliament has the legislative authority to legislate for a non-self-executing referendum on Scottish independence in order to seek to determine the views of the Scottish people on that matter. 7.13. 7.17. In that situation, it cannot possibly be suggested on any reasonable basis that the effect of the referendum is anything other than a determination of the will of the Scottish people. 1.2. Maintenance payments due from one former spouse to the other should not be increased where the cost of living of the spouse in receipt of the payments had increased due to a requirement to rents, which arose as a result of financial mismanagement of a lump sum that had previously been paid, which could have been used to acquire a property. The government did not breach its obligations under the relevant EU directives to provide effective interim protection for successful workplace discrimination and harassment claims. 3.7. ", "Dennis Hutchings: Appeal against Diplock hearing dismissed", "The meaning of "serious harm": the Supreme Court in Lachaux v Independent Print", "What exactly did the Supreme Court say in Samuels v Birmingham? While matters such as timing may be affected by events, that commitment is a key factor in the Intervener securing continued electoral success in Scotland in both the United Kingdom and Scottish Parliaments. 2), Her Majesty's Revenue and Customs v Aimia Coalition Loyalty UK Ltd (No. Calculation of damages/pre-settlement costs. Appellant remains on bail in accordance with the original Bail Order. In his separate opinion in the ICJ Advisory Opinion on the legal consequences of the separation of the Chagos Archipelago from Mauritius, Judge Patrick Robinson notes as follows in relation to paragraph 2 of Resolution 1514: Written in the present tense, this is very strong and forceful language, declaratory of existing rights. . A right to self-determination is not dependent or conditional on others agreeing with that decision. The effect of previous authorities on the meaning of relates to indicate that this court requires, firstly, to consider the purpose of the Bill and, secondly, to determine whether it has more than a loose or consequential connection with a reserved matter. In a statement made as the UK Representative to the General Assemblys Third Committee on 12 October 1984, Mr R Fursland said: The right of self-determination has pride of place in both International Covenants, and rightly so. The role and significance of the Scottish Parliament must, therefore, be understood in its current context. The boundaries of any legal power are necessarily a matter for the courts, and the courts must have jurisdiction to determine what those boundaries are and whether they have been exceeded. While circumstances will impact on the intended programme of any government, it is nevertheless the case that a people is entitled to expect its government to seek to govern on the basis on which it sought to be elected. Land granted to a county council under the. In relation to the questions posed by the Lord Advocate in her reference, the Intervener respectfully submits that, for the reasons set out in more detail below, the answer should be as follows: The proposed Scottish Independence Referendum Bill does not relate to reserved matters; and in particular does not relate to (i) the Union of the Kingdoms of Scotland and England, or (ii) the Parliament of the United Kingdom. That, however, is not the only possible definition and it is entirely possible as with Kosovo for a people to be represented by a smaller group within a State boundary. The preliminary matter of competency is largely a matter for the principal parties and the Intervener makes no submissions in relation to that matter except for one comment. But we must not forget that peoples can also be deprived of this right by their own countrymen. It derives its origin from Coke and Blackstone, and was widely popularised during the nineteenth century by Bagehot and Dicey, the latter having stated the doctrine in its classic form in his Law of the Constitution. Use Outlook's powerful built-in calendar to keep track of your appointments and schedule meetings with others. 3.2. WASHINGTON (Reuters) -The U.S. Supreme Court on Monday paved the way for a congressional panel to obtain phone records from Arizona Republican Party Chair Kelli Ward, rejecting her request to block a subpoena issued in the investigation into the 2021 U.S. Capitol attack by former President Donald Trump's supporters. A map of the British 6.11. The nature of the Act within Canada's legal framework governing insolvency was described by the Supreme Court of Canada in Century Services Inc. v. Canada (Attorney General): [13] Canadian commercial insolvency law is not codified in one exhaustive statute. If the hon. 7.23. Whatever the outcome of a referendum, it cannot of itself have any effect on the Union or on the UK Parliament. In an extra-judicial speech given by Lord Mance on 13 February 201713 on the subject of International Law in the UK Supreme Court, Lord Mance said (at 8): First, international law has received much domestic attention, because of a strong presumption that domestic law, including statute law, can and should be read consistently with international law. A credit for underlying foreign tax on portfolio dividends should be calculated by reference to the nominal tax rate of the foreign jurisdiction rather than the tax which was actually paid. 7.1. The Constitution was interpreted, in 1819, as giving the Supreme Court the power to invalidate any state actions that interfere with the Constitution and the laws and treaties passed pursuant to it. That jurisdiction is constitutionally important, and in my opinion the courts should not shrink from exercising it. Kaupthing Singer & Friedlander Ltd and Re the Insolvency Act 1986. In construing the relevant sections of the 1998 Act in the circumstances of this case, therefore, the right to self-determination requires to be taken into account and, where there is a choice between a reading which is compatible with that right and a reading which is not compatible, the compatible reading should prevail. In a modern democracy, the rule of law is maintained through a balance of the three branches of government, and not by attempts by one of them to override or usurp the role of the others: Cherry v Advocate General [2019] UKSC 41, [2020] SC (UKSC) 1 Per Lady Hale at 33-34. This statutory requirement is consistent with the Interveners argument anent a reading which is compatible with international law. REFERENCE by the Attorney General and the Advocate General for ScotlandEuropean Charter of Local Self-Government (Incorporation) (Scotland) Bill, The UNCRC Bill and ECLSG Bill passed by the. There was no deliberate inaccuracy in Tooth's tax return. Those discussions are separate from the referendum and do not inform its purpose, bearing in mind the words of this court: The purpose of an enactment may extend beyond its legal effect, but it is not the same thing as its political motivation.17. Put short, the holding of a consultative referendum does not result in a reduction in the scope of the powers of the UK Parliament and nor does it, of itself, have any effect on the Union. It is not only important in itself, but a necessary foundation for the exercise of other human rights. Conrad Moffat Black, Baron Black of Crossharbour KCSG (born 25 August 1944), is a Canadian-born British former newspaper publisher, businessman, and writer.. His father was businessman George Montegu Black II, who had significant holdings in Canadian manufacturing, retail and media businesses through part-ownership of the holding company Ravelston Corporation. In Assange v Swedish Prosecution Authority [2012] UKSC 22, [2012] 2 AC 471, Lord Dyson determined as follows at 122: But there is no doubt that there is a strong presumption in favour of interpreting an English statute in a way which does not place the United Kingdom in breach of its international obligations.. Mr Chairman, the principle of self-determination is both inalienable and indivisible. It is a question that will inevitably require resolution by this court at some point. The Lord Chancellor's Order imposing 1200 fees to bring Employment Tribunal claims violated the. Guardian News Media, in HM Treasury v Ahmed, Office of Communications v The Information Commissioner, Grays Timber Products Ltd v HM Revenue & Customs, RTS Flexible Systems Ltd v Molkerei Alois Mller GmbH, Inveresk plc v Tullis Russell Papermakers, R (Sainsbury's Supermarkets Ltd) v Wolverhampton CC, ZN (Afghanistan) v Entry Clearance Officer, MS (Palestinian Territories) v Home Secretary, HJ (Iran) and HT (Cameroon) v Home Secretary, RTS Flexible Systems Ltd v Molkerei Alois Mller GmbH (No 2), R (Electoral Commission) v Westminster Magistrates' Court, Political Parties, Elections and Referendums Act 2000, Multi-Link Leisure v North Lanarkshire Council, R (Child Poverty Action Group) v Secretary of State for Work and Pensions, 2011 Judgments of the Supreme Court of the United Kingdom, R (Coke-Wallis) v Institute of Chartered Accountants, GPS Inc. v Syarikat Takaful Malaysia Berhad, Patmalniece v Secretary for Work and Pensions, Communities Secretary v Welwyn Hatfield BC, McCaughey's Application for Judicial Review, R (GC) v Commissioner of Police of the Metropolis, Scottish Widows plc v Commissioners for Her Majesty's Revenue and Customs, R (McDonald) v Royal Borough of Kensington and Chelsea, Duncombe v Secretary of State for Children, Schools and Families (no. There are no women on the High Court or the Supreme Judicial Council. Registration of land as a green does not criminalize pre-existing activities and local people have to exercise their rights over a town or village green in a fair and reasonable way. That being so, Parliament cannot be taken to have intended to establish a body which was free to abrogate fundamental rights or to violate the rule of law.. This is consistent with the Interveners submission to this court. When the case was in the Inner House, Lord Drummond Young noted: The rule of law requires that any act of the executive, or any other public institution, must be liable to judicial scrutiny to ensure that it is within the scope of the legal power under which it is exercised. The work of the Smith Commission, which followed discussions between the UK and Scottish Governments, led to the enactment of the Scotland Act 20169. Jacobson v. Massachusetts: A state may enact a compulsory vaccination law, since the legislature has the discretion to decide whether vaccination is the best way to prevent smallpox and protect public health. That power is not itself explicitly set out in the Constitution but was declared to exist by the Supreme Court in McCulloch v. Maryland. The UK leaders of the Conservative and Labour parties have indicated they will not countenance a further referendum on Scottish independence. Cases are listed in order of their neutral citation and where possible a link to the official text of the decision in PDF format has been provided.. 7.11. Whether through the enduring nature of the Scottish constitutional tradition or by way of the rebalancing of the three branches of government as part of a more modern understanding of what the rule of law means, it is not the case (if it ever was) that the UK Parliament is without restraint or limit. The argument from the Advocate General for a broader interpretation of the phrase relates to is premised on an assumption that the Scottish people will indicate their support for Scottish independence. 3 Jackson's Entry, Edinburgh, Scotland, EH8 8PJ, Follow Scottish National Party on Facebook, Follow Scottish National Party on Instagram, Follow Scottish National Party on Twitter, Follow Scottish National Party on Youtube, Follow Scottish National Party on Linkedin. Such limits as a matter of law are particularly acute when one is concerned with interferences with fundamental rights. It cannot reasonably be suggested applying the purported broad reading that the Scottish Parliament is not permitted to legislate on anything related to websites, to require certain information notices to be placed online, or to ask a question of the electorate about upgrading broadband infrastructure. A court fight between the worlds richest man and an influential social platform could easily have become a circus, particularly given Elon Musk's penchant for chaos. ", "Free betting vouchers and gaming chips issued by casinos not liable to gaming duty", "Insurers must pay small firms for Covid lockdown losses", "Supreme Court clarifies duty test in Grant Thornton ruling", "Takeaways on the enforceability of non-compete clauses from UK top court ruling", "Supreme Court warns of LLP lacuna in VW claim decision", "As you were UK Supreme Court confirms no change to discrimination burden of proof", "Case Update: The Supreme Court Judgment in X v Kuoni Travel [2021] UKSC 34", "Supreme Court provides costs guidance for planning statutory reviews that also affects judicial review cases (CPRE Kent v SSCLG)", "Case Note costs of interested parties in judicial review proceedings: CPRE Kent v Secretary of State for Communities and Local Government UK/SC 2019/0174", "New Judgment: R (on the application of A) v Secretary of State for the Home Department [2021] UKSC 37", "New Judgment: R (on the application of BF (Eritrea)) v Secretary of State for the Home Department [2021] UKSC 38", "New Judgment: Tinkler v Commissioners for Her Majesty's Revenue and Customs [2021] UKSC 39", "New Judgment: Pakistan International Airline Corporation v Times Travel (UK) Ltd [2021] UKSC 40", "New Judgment: R (on the application of TN (Vietnam)) v Secretary of State for the Home Department and another [2021] UKSC 41", "New Judgment: Reference by the Attorney General and the Advocate General for Scotland United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill; Reference by the Attorney General and the Advocate General for Scotland European Charter of Local Self-Government (Incorporation) (Scotland) Bill [2021] UKSC 42", "New Judgment: Ho v Adelekun [2021] UKSC 43", "New Judgment: Anwar v The Advocate General for Scotland (representing the Secretary of State for Business, Energy and Industrial Strategy) (Scotland) [2021] UKSC 44", "New Judgment: FS Cairo (Nile Plaza) LLC (Appellant) v Brownlie (Respondent) [2021] UKSC 45", "New Judgment: R (on the application of Majera (formerly SM (Rwanda)) (AP) v Secretary of State for the Home Department [2021] UKSC 46", "New Judgment: Kostal UK Ltd v Dunkley and others [2021] UKSC 47", "New Judgment: Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48", "Illegality of directors not attributed to company in confiscation proceedings (Supreme Court)", Official website for UK Supreme Court decided cases, https://en.wikipedia.org/w/index.php?title=List_of_United_Kingdom_Supreme_Court_cases&oldid=1111511990, Supreme Court of the United Kingdom cases, Pages containing links to subscription-only content, Short description is different from Wikidata, Articles with unsourced statements from September 2021, Articles with unsourced statements from July 2021, Articles to be expanded from September 2022, Creative Commons Attribution-ShareAlike License 3.0. The Intervener emphasises that it is not advocating for a direct exercise or implementation of the right to self-determination in these proceedings. 2), Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd, R (Sturnham) v The Parole Board of England and Wales, Kapri v The Lord Advocate representing The Government of the Republic of Albania, R (AA) v Secretary of State for the Home Department, R (New London College Ltd) v Secretary of State for the Home Department, R (Modaresi) v Secretary of State for Health, South Lanarkshire Council v The Scottish Information Commissioner, Teal Assurance Company Ltd v W R Berkley Insurance Ltd, Torfaen County Borough Council v Douglas Willis Ltd, Secretary of State for the Home Department v Al-Jedda, McGeoch v The Lord President of the Council, Aintree University Hospitals NHS Foundation Trust v James, R (Reilly) v Secretary of State for Work and Pensions, Cotter v Commissioners For Her Majesty's Revenue & Customs, Patel v Secretary of State for the Home Department, Equality Act (Sexual Orientation) Regulations, Zoumbas v Secretary of State for the Home Department, Hague Convention on the Civil Aspects of International Child Abduction, Re an application by Martin Corey for Judicial Review, R (Hodkin) v Registrar-General of Births, Deaths and Marriages, Mental Health (Care and Treatment) (Scotland) Act 2003, West London Mental Health NHS Trust v Chhabra, AA (Somalia) v Entry Clearance Officer (Addis Ababa), 2014 Judgments of the Supreme Court of the United Kingdom, R (HS2 Action Alliance Ltd) v Secretary of State for Transport, Re an application of Raymond Brownlee for Judicial Review, R v Mackle (Nos. 2.2. 6.9. 6.6. Decided June 2, 1952 343 U.S. 579ast|>* 343 U.S. 579. ", "Discrimination by qualification bodies: Michalak v General Medical Council [2017] UKSC 71", "Are Special Customer Records In Line With Human Rights Protections (R (On the Application of C) v Secretary of State for Work and Pensions)", "Zambrano carers: eligibility for welfare benefits and homelessness assistance", "De Silva decision on historic loss claims", "The Ticking Prescription Time Bomb - a harsh approach that offers certainty", "Scotch Whisky v Lord Advocate: A Neat Solution or The Law on the Rocks? Unless otherwise noted, cases were heard by a panel of 5 judges. The narrow reading retains the reservation to the UK Parliament of the overarching power to enact any subsequent implementing legislation just as it did in 1922 with the Irish Free State Agreement Act 1922 and the Irish Free State Constitution Act 1922, and in 1949 with the Ireland Act 1949. - Supreme Court Provides Clarity on the Application of Res Judicata", "Supreme Court Dismisses Developers' Appeal In Alexander Devine Children's Cancer Trust v Housing Solutions Limited", "Supreme Court restricts limitation period for mistake of law claims", "From Deepwater to clear water? It cannot be achieved for any people by one revolution or one election. It was lawful to deny a pregnant Polish woman, The proper scope of compensation under the, A bus company's duty to provide wheelchair space under the, 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. 5.1. The fact that a country is not occupied by a foreign power does not automatically mean that its people enjoy the right of self-determination. The Intervener notes that the Advocate Generals written case at 45 suggests that the issues contained within a governments political manifesto are to be dismissed as nothing more than party politics. It is not clear to what extent any part of the United Kingdom continues to regard the power of the UK Parliament to be truly unfettered. There is one woman in a cabinet-level position as deputy minister for women's education; she was appointed in February 2009. The Court concluded that a person, who is not just anonymous but cannot be identified, cannot be sued under a pseudonym or description and as such an insurer cannot be held liable for a claim under Part VI of the, It was lawful for the government to have refused to hold a public inquiry into the murder of human rights lawyer but the fact that an appropriate inquiry had not taken place breached, The appeal of an individual against extradition under a European Arrest Warrant was dismissed on the basis that the individual was a convicted person despite having an unequivocal right to a retrial after surrender. The Court also concluded that the new definition of marriage in the proposed federal law did not violate the Charter. 2.1. To the extent that a subsequent UK Government now seeks to make use of the wording enacted in the 1998 Act effectively to stifle democratic expressions of will, that is very clearly not the purpose for which the 1998 Act was enacted. Its argument may be summarised as follows: 2.4. The geographic scope is, in fact, set out as schedule 1 to the 1998 Act. 4.3. In these circumstances, there is neither unambiguous statutory authority nor any clear, rational and evidenced basis for seeking to interfere with such a fundamental right. 6.12. r /; October 14, 1890 March 28, 1969) was an American military officer and statesman who served as the 34th president of the United States from 1953 to 1961. 5.2. In this Act the strict liability rule means the rule of law whereby conduct may be treated as a contempt of court as tending to interfere with the course of justice in particular legal proceedings regardless of intent to do so. Consequently, if the expression non-justiciable means that the courts have no jurisdiction to consider whether a power has been lawfully exercised, it is a concept that is incompatible with the rule of law and contrary to fundamental features of the constitution of the United Kingdom.11, 6.5. Scotland has discrete administrative bodies and distinct social and economic policies. 3.1. The 1998 Act is without question a constitutional statute: AXA v Lord Advocate [2011] UKSC 46, 2012 SC (UKSC) 122 per Lord Reed at 153. The role of the Scottish Parliament has developed since its inception, most clearly by the extension of its powers under the Scotland Act 2016. 1 Plc, MP (Sri Lanka) v Secretary of State for the Home Department, MS (Uganda) (Appellant) v Secretary of State for the Home Department, R (Bancoult (No 2)) v Secretary of State for Foreign and Commonwealth Affairs, Goluchowski v District Court in Elblag, Poland, R (Ismail) v Secretary of State for the Home Department, Employers' Liability (Compulsory Insurance) Act 1969, R (The Public Law Project) v Lord Chancellor, Amoena (UK) Ltd v Commissioners for Her Majesty's Revenue and Customs, Versloot Dredging BV and another v HDI Gerling Industrie Versicherung AG, Lee-Hirons v Secretary of State for Justice, Secretary of State for the Home Department v Franco Vomero (Italy), Hastings Borough Council v Manolete Partners Plc, The Christian Institute v The Lord Advocate, MB v Secretary of State for Work and Pensions, R (Ingenious Media Holdings plc v Commissioners for Her Majesty's Revenue and Customs), R (Johnson) v Secretary of State for the Home Department, Impact Funding Solutions Ltd v AIG Europe Insurance Ltd (formerly known as Chartis Insurance (UK) Ltd), R (Rutherford) v Secretary of State for Work and Pensions, Makhlouf v Secretary of State for the Home Department (Northern Ireland), Hesham Ali (Iraq) v Secretary of State for the Home Department, R (Mirza) v Secretary of State for the Home Department, Habib Khan v General Pharmaceutical Council, 2017 Judgments of the Supreme Court of the United Kingdom, Abd Ali Hameed Al-Waheed v Ministry of Defence, R (Miller) v Secretary of State for Exiting the European Union, DB v Chief Constable of Police Service of Northern Ireland, R (Hicks) v Commissioner of Police for the Metropolis, R (Agyarko and Ikuga) v Secretary of State for the Home Department, Homes and Communities Agency v JS Bloor (Wilmslow) Ltd, Newbigin (Valuation Officer) v SJ & J Monk, IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation, Gordon v Scottish Criminal Cases Review Commission (Scotland), Volkswagen Financial Services (UK) Ltd v Revenue and Customs, Revenue and Customs v The Investment Trust Companies, McCann v The State Hospitals Board for Scotland, Nuclear Decommissioning Authority v EnergySolutions EU Ltd, Gard Marine and Energy Ltd v China National Chartering Company Ltd, Poshteh v Royal Borough of Kensington and Chelsea, Suffolk Coastal District Council v Hopkins Homes Ltd, LB Holdings Intermediate 2 Ltd v Lehman Brothers International (Europe), R (Coll) v Secretary of State for Justice, R (A and B) v Secretary of State for Health, R (Kiarie and Byndloss) v Secretary of State for the Home Department, Globalia Business Travel SAU of Spain v Fulton Shipping Inc of Panama, RFC 2012 Plc v Advocate General for Scotland, R (Hemming (t/a Simply Pleasure)) v Westminster City Council, Sadovska v Secretary of State for the Home Department, R (Forge Care Homes Ltd) v Cardiff and Vale University Health Board, Goldtrail Travel Ltd v Onur Air Tasimacilik AS, MT Hojgaard AS v EON Climate and Renewables UK Robin Rigg East Ltd, Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs, Taurus Petroleum Limited v State Oil Marketing Company of the Ministry of Oil, Republic of Iraq, P v Commissioner of Police of the Metropolis, Aberdeen City and Shire Strategic Development Planning Authority v Elsick Development Company Limited, Mitsui & Co Ltd v Beteiligungsgesellschaft LPG Tankerflotte MBH & Co KG, Article 5 of the European Convention on Human Rights, Littlewoods Ltd v Commissioners for Her Majesty's Revenue and Customs, R (C) v Secretary of State for Work and Pensions, R (HC) v Secretary of State for Work and Pensions, Ruiz Zambrano v Office national de lemploi, Article 14 of the European Convention on Human Rights, Gordon v Campbell Riddell Breeze Paterson LLP, Prescription and Limitation (Scotland) Act 1973, Scotch Whisky Association & Ors v The Lord Advocate, The Alcohol (Minimum Pricing) (Scotland) Act 2012, Treaty on the Functioning of the European Union, Tiuta International Ltd (in liquidation) v De Villiers Surveyors Ltd, Planning permission in the United Kingdom, Four Seasons Holdings Incorporated v Brownlie, R (Black) v Secretary of State for Justice, R (Hysaj) v Secretary of State for the Home Department, R (Haralambous) v Crown Court at St Albans, R (Gibson) v Secretary of State for Justice, R (Bancoult No 3) v Secretary of State for Foreign and Commonwealth Affairs, Robinson v Chief Constable of West Yorkshire Police, The Advocate General for Scotland v Romein, HM Inspector of Health and Safety v Chevron North Sea Limited, SM (Algeria) v Entry Clearance Officer, UK Visa Section, Commissioner of Police of the Metropolis v DSD, Iceland Foods Ltd v Berry (Valuation Officer), Reilly v Sandwell Metropolitan Borough Council, Gavin Edmondson Solicitors Ltd v Haven Insurance Company Ltd, Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood, Rock Advertising Ltd v MWB Business Exchange Centres Ltd, R (Gallaher Group Ltd) v Competition and Markets Authority, Navigators Insurance Company Ltd v Atlasnavios-Navegacao LDA, Human Rights Commission for Judicial Review (Northern Ireland: Abortion), Criminal Justice Act (Northern Ireland) 1945, Cartier International AG v British Telecommunications Plc, JP Whitter (Water Well Engineers) Ltd v Revenue and Customs, Article 1 of the European Convention on Human Rights, R (Steinfeld and Keidan) v Secretary of State for International Development, Article 8 of the European Convention on Human Rights, Goldman Sachs International v Novo Banco SA, Guardians of New Zealand Superannuation Fund and others v Novo Banco SA, European Bank Recovery and Resolution Directive, Revenue and Customs v Taylor Clark Leisure Plc, Prudential Assurance Company Ltd v Revenue and Customs, James-Bowen & Ors v Commissioner of Police of the Metropolis, Banca Nazionale del Lavoro SPA v Playboy Club London Ltd, R (Bashir) v Secretary of State for the Home Department, United Nations Convention Relating to the Status of Refugees, R (AR) v Chief Constable of Greater Manchester Police, Lee v Ashers Baking Company Ltd and others, Darnley v Croydon Health Services NHS Trust, Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, KO (Nigeria) v Secretary of State for the Home Department, IT (Jamaica) v Secretary of State for the Home Department, NS (Sri Lanka) and others v Secretary of State for the Home Department, Pereira (Appellant) v Secretary of State for the Home Department (Respondent), Nationality, Immigration and Asylum Act 2002, Dooneen Ltd (t/a McGinness Associates) v Mond, Warner-Lambert Company LLC v Generics (UK) Ltd, Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd, Rhuppiah v Secretary of State for the Home Department, R (on the application of Stott) v Secretary of State for Justice, Volcafe Ltd v Compania Sud Americana De Vapores SA, S Franses Limited v The Cavendish Hotel (London) Ltd, London Borough of Southwark v Transport for London, GLA Roads and Side Roads (Transfer of Property etc) Order 2000, The UK Withdrawal From the European Union (Legal Continuity) (Scotland) Bill, Williams v The Trustees of Swansea University Pension and Assurance Scheme, article 5 of the European Convention on Human Rights, UKI (Kingsway) Limited v Westminster City Council, Reference by the Attorney General for Northern Ireland of devolution issues to the Supreme Court pursuant to Paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 (No 2), R (Hallam) v Secretary of State for Justice, R (Nealon) v Secretary of State for Justice, R (P) v Secretary of State for the Home Department, R (P, G and W) v Secretary of State for the Home Department, Re Lorraine Gallagher for Judicial Review (Northern Ireland), Cameron v Liverpool Victoria Insurance Co Ltd, In the matter of an application by Geraldine Finucane for Judicial Review (Northern Ireland), Article 2 of the European Convention on Human Rights, Konecny v District Court in Brno-Venkov, Czech Republic, In the matter of an application by Hugh Jordan for Judicial Review (Northern Ireland), KV (Sri Lanka) v Secretary of State for the Home Department, Robinson (formerly JR (Jamaica)) v Secretary of State for the Home Department, HMRC v Joint Administrators of Lehman Brothers International (Europe), R&S Pilling t/a Phoenix Engineering v UK Insurance Ltd, R (Newby Foods Ltd) v Food Standards Agency, R (Derry) v Commissioners for Her Majestys Revenue and Customs, R (DA) v Secretary of State for Work and Pensions, R (DS) v Secretary of State for Work and Pensions, R (Privacy International) v Investigatory Powers Tribunal, Regulation of Investigatory Powers Act 2000, Telereal Trillium v Hewitt (Valuation Officer), In the matter of an application by Dennis Hutchings for Judicial Review (Northern Ireland), Justice and Security (Northern Ireland) Act 2007, Director of Public Prosecutions for Northern Ireland, Sveriges Angfartygs Assurans Forening (The Swedish Club) v Connect Shipping Inc, OWD Ltd t/a Birmingham Cash and Carry v HMRC, Commissioners for Revenue and Customs Act 2005, Secretary of State for Work and Pensions v Gubeladze, Immigration (European Economic Area) Regulations 2006, United Kingdom EU Worker Registration Scheme, London Borough of Lambeth v Secretary of State for Housing, Communities and Local Government, Secretary of State for Work and Pensions v MM, Social Security (Personal Independence Payment) Regulations 2013, R (Association of Independent Meat Suppliers) v Food Standards Agency, Food Safety and Hygiene (England) Regulations 2013, Package Travel, Package Holidays and Package Tours Regulations 1992, Cape Intermediate Holdings Ltd v Dring (for and on behalf of Asbestos Victims Support Groups Forum UK), Commissioners for Her Majestys Revenue and Customs v Frank A Smart & Son Ltd, The Manchester Ship Canal Company Ltd v Vauxhall Motors Ltd (Formerly General Motors UK Ltd), Singularis Holdings Ltd (In Official Liquidation) (A Company Incorporated in the Cayman Islands) v Daiwa Capital Markets Europe Ltd, Law Reform (Contributory Negligence) Act 1945, Criminal Procedure and Investigations Act 1996, RR v Secretary of State for Work and Pensions, Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2017, R (Carmichael) v Secretary of State for Work and Pensions, R (Wright) v Resilient Energy Severndale Ltd and Forest of Dean District Council, Planning and Compulsory Purchase Act 2004, Edwards on behalf of the Estate of the late Thomas Arthur Watkins v Hugh James Ford Simey Solicitors, R (Hemmati) v Secretary of State for the Home Department, R (Lancashire County Council) v Secretary of State for the Environment, Food and Rural Affairs, R (NHS Property Services Ltd) v Surrey County Council, Secretary of State for the Home Department v Shah, Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, FMX Foods Merchants Import Export Co Ltd v Commissioners for Her Majesty's Revenue & Customs, A Reference by the Attorney General for Northern Ireland of devolution issues to the Supreme Court pursuant to Paragraph 34 of Schedule 10 to the Northern Ireland Act 1998, R (on the application of Samuel Smith Old Brewery (Tadcaster)) v North Yorkshire County Council, R (on the application of Jalloh (Liberia)) v Secretary of State for the Home Department, International Centre for Settlement of Investment Disputes, In the matter of an application by Deborah McGuinness for Judicial Review (Northern Ireland), R (on the application of DN (Rwanda)) v Secretary of State for the Home Department, MS (Pakistan) v Secretary of State for the Home Department, Council of Europe Convention on Action against Trafficking in Human Beings, Elgizouli v Secretary of State for the Home Department, Aspen Underwriting Ltd v Credit Europe Bank NV, WM Morrisons Supermarkets plc v Various Claimants, Zipvit Ltd v Commissioners for Her Majestys Revenue and Customs, R (Palestine Solidarity Campaign Ltd) v Secretary of State for Communities and Local Government, AM (Zimbabwe) v Secretary of State for the Home Department, Detention of Terrorists (Northern Ireland) Order 1972, Dill v Secretary of State for Housing, Communities and Local Government and another, Planning (Listed Buildings and Conservation Areas) Act 1990, Cardtronics UK Ltd v Sykes (Valuation Officers), Fowler v Commissioners for Her Majesty's Revenue and Customs, Income Tax (Trading and Other Income) Act 2005, Sainsbury's Supermarkets Ltd v Visa Europe Services LLC, Sainsbury's Supermarkets Ltd v MasterCard Incorporated, Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd, Regeneron Pharmaceuticals Inc v Kymab Ltd, The Children's Investment Fund Foundation, Shagang Shipping Company Ltd v HNA Group Company Ltd, Commissioners for Her Majestys Revenue & Customs v Parry and others, Peninsula Securities Ltd v Dunnes Stores (Bangor) Ltd, Unwired Planet International Ltd and another v Huawei Technologies (UK) Co Ltd and another, Huawei Technologies Co Ltd and another v Conversant Wireless Licensing SARL, ZTE Corporation and another v Conversant Wireless Licensing SARL, fair, reasonable and non-discriminatory (FRAND) terms, Enka Insaat Ve Sanayi A.S. v OOO Insurance Company Chubb, R (on the application of Highbury Poultry Farm Produce Ltd) v Crown Prosecution Service, Welfare of Animals at the Time of Killing (England) Regulations 2015, R (on the application of Z and another) v Hackney London Borough Council and another, R (on the application of Pathan)v Secretary of State for the Home Department, Ecila Henderson v Dorset Healthcare University NHS Foundation Trust, Secretary of State for Health v Servier Laboratories Ltd, Alexander Devine Children's Cancer Trust v Housing Solutions Ltd, R (on the application of Maughan) v Her Majesty's Senior Coroner for Oxfordshire, Test Claimants in the Franked Investment Income Group Litigation & Others v Commissioners of Inland Revenue, Halliburton Company v Chubb Bermuda Insurance Ltd, Commissioners for Her Majestys Revenue & Customs v London Clubs Management Ltd, R (on the application of Gourlay) (AP) v Parole Board, Mastercard Incorporated and others v Walter Hugh Merricks CBE, R (on the application of Friends of the Earth Ltd and others) v Heathrow Airport Ltd, Robinson (Jamaica) v Secretary of State for the Home Department, Financial Conduct Authority v Arch Insurance (UK) Ltd & others, R (on the application of KBR, Inc) v Director of the Serious Fraud Office, Okpabi and others v Royal Dutch Shell Plc and another, T W Logistics Ltd v Essex County Council & another, Evergreen Marine (UK) Limited v Nautical Challenge Ltd, Begum v Secretary of State for the Home Department, Balhousie Holdings Ltd v Commissioners for Her Majestys Revenue & Customs (Scotland), Burnett or Grant v International Insurance Company of Hanover Limited, Rittson-Thomas and others v Oxfordshire County Council, Zabolotnyi v The Mateszalka District Court, Hungary, Her Majestys Attorney General v Timothy Crosland, Hurstwood Properties (A) Ltd and others v Rossendale Borough Council and another, Commissioners for Her Majestys Revenue and Customs v Tooth, R (on the application of Fylde Coast Farms Ltd (formerly Oyston Estates Ltd)) v Fylde Borough Council, Manchester Building Society v Grant Thornton UK LLP, General Dynamics United Kingdom Ltd v State of Libya, Director of Public Prosecutions v Ziegler, R (on the application of Haworth) v Commissioners for Her Majesty's Revenue and Customs, R (on the application of SC, CB and 8 children) v Secretary of State for Work and Pensions, A and B v Criminal Injuries Compensation Authority, R (on the application of AB) v Secretary of State for Justice, Triple Point Technology, Inc v PTT Public Company Ltd, Sanambar v Secretary of State for the Home Department, Test Claimants in the Franked Investment Income Group Litigation & Others (Respondents) v Commissioners of Inland Revenue (Appellant) (1), Test Claimants in the Franked Investment Income Group Litigation & Others (Respondents) v Commissioners of Inland Revenue (Appellant) (2), Social Services and Well-Being (Wales) Act 2014, CPRE (Kent) v Secretary of State for Communiteis and Local Government, R (on the application of A) v Secretary of State for the Home Department, R (on the application of BF (Eritrea)) v Secretary of State for the Home Department, Tinkler v Commissioners for Her Majesty's Revenue and Customs, Times Travel (UK) Ltd v Pakistan International Airlines Corp, R (on the application of TN (Vietnam)) v Secretary of State for the Home Department, FS Cairo (Nile Plaza) LLC v Brownlie (as Dependant and Executrix of Professor Sir Ian Brownlie CBE QC), R (on the application of Majera (formerly SM (Rwanda)) v Secretary of State for the Home Department, Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait), Crown Prosecution Service v Aquila Advisory Ltd, Alize 1954 and another v Allianz Elementar Versicherungs AG and others, A Local Authority v JB (by his Litigation Friend, the Official Solicitor), Fratila v Secretary of State for Work and Pensions, McQuillan, McGuigan and McKenna, Re Application for Judicial Review, R (Elan-Cane) v Secretary of State for the Home Department, Maduro Board of the Central Bank of Venezuela v Guaido Board of the Central Bank of Venezuela, "Supreme Court issues landmark ruling on rehabilitation of extended sentence prisoners", "Supreme Court decision in Littlewoods: the conclusion to compound interest claims against HMRC? 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