2011 Judgments of the Supreme Court of the United Kingdom

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.

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 name Citation Date Legal subject Summary of decision
R (Coke-Wallis) v Institute of Chartered Accountants [2011] UKSC 1 19 January 2011 Labour law [1] Archived 8 April 2014 at the Wayback Machine
Morge v Hampshire County Council [2011] UKSC 2 19 January 2011 Planning law [2] Archived 8 April 2014 at the Wayback Machine
Yemshaw v Hounslow [2011] UKSC 3 26 January 2011 Homelessness; Domestic violence [3] Archived 8 April 2014 at the Wayback Machine
ZH (Tanzania) v Home Secretary [2011] UKSC 4 1 February 2011 Children law; Immigration law [4] Archived 8 April 2014 at the Wayback Machine
GPS Inc. v Syarikat Takaful Malaysia Berhad [2011] UKSC 5 1 February 2011 Maritime law [5] Archived 8 April 2014 at the Wayback Machine
Manchester CC v Pinnock (No 2)[1] [2011] UKSC 6 9 February 2011 Article 8, ECHR; Landlord-tenant law [6]
Brent LBC v Risk Management Partners [2011] UKSC 7 9 February 2011 Public procurement [7] Archived 8 April 2014 at the Wayback Machine
Hounslow LBC v Powell[2] [2011] UKSC 8 23 February 2011 Article 8, ECHR; Homelessness [8] Archived 8 April 2014 at the Wayback Machine
R v Forsyth [2011] UKSC 9 23 February 2011 Criminal law; International law [9] Archived 8 April 2014 at the Wayback Machine
Sienkiewicz v Greif[2] [2011] UKSC 10 9 March 2011 Negligence [10] Archived 8 April 2014 at the Wayback Machine
Patmalniece v Secretary for Work and Pensions [2011] UKSC 11 16 March 2011 Free movement of workers [11] Archived 8 April 2014 at the Wayback Machine
WL (Congo) v Home Secretary[3] [2011] UKSC 12 23 March 2011 False imprisonment [12] Archived 8 April 2014 at the Wayback Machine
Jones v Kaney[2] [2011] UKSC 13 30 March 2011 Expert witnesses [13] Archived 8 April 2014 at the Wayback Machine
Duncombe v Schools Secretary [2011] UKSC 14 30 March 2011 Labour law [14] Archived 8 April 2014 at the Wayback Machine
Communities Secretary v Welwyn Hatfield BC[2] [2011] UKSC 15 6 April 2011 Planning law [15] Archived 8 April 2014 at the Wayback Machine
Farstad Supply v Enviroco [2011] UKSC 16 6 April 2011 Company law [16] Archived 8 April 2014 at the Wayback Machine
Baker v Quantum Clothing Group [2011] UKSC 17 13 April 2011 Negligence [17] Archived 8 April 2014 at the Wayback Machine
R (Adams) v Justice Secretary[2] [2011] UKSC 18 11 May 2011 Miscarriage of justice [18] Archived 8 April 2014 at the Wayback Machine
HMRC v Tower MCashback[3] [2011] UKSC 19 11 May 2011 Tax law [19] Archived 8 April 2014 at the Wayback Machine
McCaughey's Application for Judicial Review[2] [2011] UKSC 20 18 May 2011 Judicial review [20] Archived 8 April 2014 at the Wayback Machine
R (GC) v Commissioner of Police of the Metropolis[2] [2011] UKSC 21 18 May 2011 DNA evidence, Article 8 ECHR [21] Archived 8 April 2014 at the Wayback Machine
FA (Iraq) v Home Secretary [2011] UKSC 22 25 May 2011 EU law [22] Archived 8 April 2014 at the Wayback Machine
SK(Zimbabwe) v Home Secretary [2011] UKSC 23 25 May 2011 Immigration law [23] Archived 8 April 2014 at the Wayback Machine
Fraser v Her Majesty's Advocate [2011] UKSC 24 25 May 2011 Scots criminal law; Evidence [24] Archived 8 April 2014 at the Wayback Machine
Bloomsbury v Sea Fish Industry Authority [2011] UKSC 25 15 June 2011 Fisheries Act 1981; Free movement of goods [25] Archived 8 April 2014 at the Wayback Machine
Parkwood Leisure v Alemo-Herron [2011] UKSC 26 15 June 2011 TUPE [26] Archived 8 April 2014 at the Wayback Machine
Re. E (Children) [2011] UKSC 27 10 June 2011 Family law [27] Archived 8 April 2014 at the Wayback Machine
R (Cart) v The Upper Tribunal[2] [2011] UKSC 28 22 June 2011 Judicial review [28]
Eba v Advocate General for Scotland[2] [2011] UKSC 29 22 June 2011 Judicial review [29]
R (G) v The Governors of X School [2011] UKSC 30 29 June 2011 Article 6, ECHR [30]
NML Capital Ltd v Republic of Argentina [2011] UKSC 31 6 July 2011 State immunity [31]
Scottish Widows plc v Commissioners for Her Majesty's Revenue and Customs[4] [2011] UKSC 32 6 July 2011 Company law [32]
R (McDonald) v Royal Borough of Kensington and Chelsea [2011] UKSC 33 6 July 2011 Assisted living [33]
Al Rawi v The Security Service[3][5] [2011] UKSC 34 13 July 2011 Secret trial [34]
Home Office v Tariq[3][5] [2011] UKSC 35 13 July 2011 Secret trial [35]
Duncombe v Secretary of State for Children, Schools and Families (no. 2) [2011] UKSC 36 15 July 2011 Labour law [36]
R v Smith [2011] UKSC 37 20 July 2011 Criminal law [37]
Belmont Park Investments PTY Ltd v BNY Corporate Trustee Services Ltd and Lehman Brothers Special Financing Inc [2011] UKSC 38 27 July 2011 Insolvency law [38]
Lucasfilm Ltd v Ainsworth [2011] UKSC 39 27 July 2011 Intellectual property [39] Archived 4 March 2016 at the Wayback Machine
Jivraj v Hashwani [2011] UKSC 40 27 July 2011 Discrimination in employment [40]
Autoclenz Ltd v Belcher [2011] UKSC 41 27 July 2011 Labour law [41]
Houldsworth v Bridge Trustees Ltd and Secretary of State for Work and Pensions [2011] UKSC 42 27 July 2011 Pensions law [42]
HM Advocate v Ambrose & Ors [2011] UKSC 43 6 October 2011 Right to counsel; Article 6, ECHR [43]
HM Advocate v P [2011] UKSC 44 6 October 2011 Right to counsel; Article 6, ECHR [44]
R (Bibi) v Secretary of State for the Home Department [2011] UKSC 45 12 October 2011 Immigration law; Article 8, ECHR [45]
AXA General Insurance Ltd v The Lord Advocate [2011] UKSC 46 12 October 2011 Negligence [46]
R (Gaines-Cooper) v Commissioners for Her Majesty's Revenue and Customs [2011] UKSC 47 19 October 2011 Tax law [47]
Re. Kaupthing Singer & Friedlander Ltd and Re the Insolvency Act 1986 [2011] UKSC 48 19 October 2011 Insolvency law [48]
Gale v Serious Organised Crime Agency [2] [2011] UKSC 49 26 October 2011 Criminal law [49]
Rainy Sky SA v Kookmin Bank [2011] UKSC 50 2 November 2011 Contract law [50]
Human Genome Sciences Inc v Eli Lilly & Co. [2011] UKSC 51 2 November 2011 Intellectual property [51]
Berrisford v Mexfield Housing Co-operative Ltd[2] [2011] UKSC 52 9 November 2011 Land law [52]
Jones v Kernott [2011] UKSC 53 9 November 2011 Land law [53]
McGowan v B [2011] UKSC 54 23 November 2011 Right to counsel; Article 6, ECHR [54]
Jude v HM Advocate [2011] UKSC 55 23 November 2011 Right to counsel; Article 6, ECHR [55]
Aberdeen City Council v Stewart Milne Group Ltd [2011] UKSC 56 7 December 2011 Land law [56]
Russell v Transocean International Resources Ltd [2011] UKSC 57 7 December 2011 Working Time Regulations 1998 [57]
Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2011] UKSC 58 14 December 2011 Labour law [58]
R v Gnango [2011] UKSC 59 14 December 2011 Criminal law [59]
Secretary of State for Work and Pensions v Payne [2011] UKSC 60 14 December 2011 Insolvency law [60]

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 name Citation Argued Decided Phillips Hope Saville Rodger Walker Hale Brown Mance Collins Kerr Clarke Dyson Judge Wilson
R (Coke-Wallis) v Institute of Chartered Accountants [2011] UKSC 1 8–9 November 2010 19 January
Morge v Hampshire County Council [2011] UKSC 2 8 November 2010 19 January
Yemshaw v Hounslow [2011] UKSC 3 2 December 2010 26 January
ZH (Tanzania) v Home Secretary [2011] UKSC 4 9–10 November 2010 1 February
GPS Inc. v Syarikat Takaful Malaysia Berhad [2009] UKSC 5 28–29 July 2010 1 February
Manchester CC v Pinnock[a] [2011] UKSC 6 5–8 July 2010 9 February
Brent LBC v Risk Management Partners [2011] UKSC 7 8–9,13 December 2010 9 February
Hounslow LBC v Powell[b] [2011] UKSC 8 23–24 November 2010 23 February
R v Forsyth [2011] UKSC 9 6 December 2010 23 February
Sienkiewicz v Greif[b] [2011] UKSC 10 26–28 October 2010 9 March
Patmalniece v Secretary for Work and Pensions [2011] UKSC 11 29–30 November, 1 December 2010 16 March
WL (Congo) v Home Secretary[c] [2011] UKSC 12 15–18 November 2010 23 March
Jones v Kaney[b] [2011] UKSC 13 11–12 January 30 March
Duncombe v Schools Secretary [2011] UKSC 14 17–18 January 30 March
Communities Secretary v Welwyn Hatfield BC [2011] UKSC 15 7–8 February 6 April
Farstad Supply v Enviroco [2011] UKSC 16 19–20 January 6 April
Baker v Quantum Clothing Group [2011] UKSC 17 22–24 November 2010 13 April
R (Adams) v Justice Secretary [2011] UKSC 18 15–17 February 11 May
HMRC v Tower MCashback [2011] UKSC 19 21–22 February 11 May
McCaughey's Application for Judicial Review [2011] UKSC 20 2–3 February 18 May
R (GC) v Commissioner of Police of the Metropolis [2011] UKSC 21 31 January - 1 February 18 May
FA (Iraq) v Secretary of State for the Home Department [2011] UKSC 22 23, 24 February 25 May
Shepherd Masimba Kambadzi v Secretary of State for the Home Department [2011] UKSC 23 10, 11 February 25 May
Fraser v HM Advocate [2011] UKSC 24 21, 22 March 25 May
Bloomsbury v Sea Fish Industry Authority [2011] UKSC 25 23, 24 March 15 June
Parkwood Leisure v Alemo-Herron [2011] UKSC 26 13, 14 April 15 June
Re. E (Children) [2011] UKSC 27 23, 24 May 10 June
R (on the application of Cart) v The Upper Tribunal[b] [2011] UKSC 28 14–17 March 22 June
Eba v Advocate General for Scotland[b] [2011] UKSC 29 14–17 March 22 June
R (on the application of G) v The Governors of X School [2011] UKSC 30 11, 12 April 29 June
NML Capital Ltd v Republic of Argentina [2011] UKSC 31 29, 30 March 6 July
Scottish Widows plc v Commissioners for Her Majesty's Revenue and Customs[d] [2011] UKSC 32 16, 17 May 6 July
R (on the application of McDonald) v Royal Borough of Kensington and Chelsea [2011] UKSC 33 4, 5 April 6 July
Al Rawi v The Security Service[c][e] [2011] UKSC 34 24, 25 January 13 July
Home Office v Tariq[c][e] [2011] UKSC 35 26, 27 January 13 July
Duncombe v Secretary of State for Children, Schools and Families (no. 2)[e] [2011] UKSC 36 17, 18 January 15 July
R v Smith (2011) [2011] UKSC 37 16 June 20 July
Belmont Park Investments PTY Ltd v BNY Corporate Trustee Services Ltd and Lehman Brothers Special Financing Inc[b] [2011] UKSC 38 1–3 March 27 July
Lucasfilm Ltd v Ainsworth [2011] UKSC 39 7–9 March 27 July
Jivraj v Hashwani [2011] UKSC 40 6, 7 April 27 July
Autoclenz Ltd v Belcher [2011] UKSC 41 11, 12 May 27 July
Houldsworth v Bridge Trustees Ltd and Secretary of State for Work and Pensions [2011] UKSC 42 20, 21 June 27 July
HM Advocate v Ambrose[f] [2011] UKSC 43 28–30 June 6 October
HM Advocate v P[f] [2011] UKSC 44 28–30 June 6 October
R (on the application of Bibi) v Secretary of State for the Home Department [2011] UKSC 45 8, 9 June 12 October
AXA General Insurance Ltd v The Lord Advocate[b][g] [2011] UKSC 46 13–15 June 12 October
R (on the application of Gaines-Cooper) v Commissioners for Her Majesty's Revenue and Customs [2011] UKSC 47 6, 7 July 19 October
Rainy Sky SA v Kookmin Bank [2011] UKSC 50 27 July 2 November
Human Genome Sciences Inc v Eli Lilly & Co.[d] [2011] UKSC 51 18–20 July 2 November
Berrisford v Mexfield Housing Co-operative Ltd[b][d] [2011] UKSC 52 5, 6 October 9 November
Jones v Kernott [2011] UKSC 53 4 May 9 November
McGowan v B[h] [2011] UKSC 54 11, 12 October 23 November
Jude v HM Advocate[h] [2011] UKSC 55 11, 12 October 23 November
Aberdeen City Council v Stewart Milne Group Ltd [2011] UKSC 56 10 November 7 December
Russell and others v Transocean International Resources Ltd [2011] UKSC 57 26, 27 October 7 December
Edwards v Chesterfield Royal Hospital NHS Foundation Trust[b] [2011] UKSC 58 22, 23 June 14 December
R v Gnango[b] [2011] UKSC 59 11, 12 July 14 December
Secretary of State for Work and Pensions v Payne [2011] UKSC 60 3 November 14 December

Judges

  • Lord Saville announced his retirement in 2010. His appearance in Baker v Quantum Clothing Group was his last appearance as a Supreme Court Justice.
  • Lord Rodger died on 26 June 2011.[6]
  • Lord Collins retired in May 2011 but continued as an acting justice until the end of July.[7]
  • Lord Wilson became a justice on 26 May 2011.[7]
  • Lord Neuberger is the Master of the Rolls and was not a full member of the Supreme Court, although is entitled to sit at the court's invitation.
  • The other members of the court are listed in order of seniority. Lord Phillips and Lord Hope were, respectively, the President and Deputy President of the Supreme Court.


Notes

  1. ^ This case was simply a clarification of details of an order made in the previous judgement at [2010] UKSC 45.
  2. ^ a b c d e f g h i j An augmented panel of 7 judges sat in this case.
  3. ^ a b c An augmented panel of 9 judges sat in this case.
  4. ^ a b c The Master of the Rolls, Lord Neuberger also sat in on this case and gave a judgment that formed the unanimous majority.
  5. ^ a b c Lord Rodger died before judgment was given in this case. He indicated that he would join the majority.
  6. ^ a b 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. ^ a b Lord Hamilton also sat in on this case. He concurred with the lead judgment of Lord Hope.

References

  1. ^ This judgment was simply a clarification of details of an order made in the previous judgement at [2010] UKSC 45
  2. ^ a b c d e f g h i j k An augmented panel of 7 judges sat in this case
  3. ^ a b c d 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. ^ a b 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. ^ a b "Former Justices". Supreme Court of the United Kingdom. Retrieved 9 March 2014.
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