About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

21 Jud. Rev. 1 (2016)

handle is hein.journals/judire21 and id is 1 raw text is: 




[2016] JR   DOI: http://dx.doi.org/10.1080/10854681.2016.1145485


Public Law in the Supreme Court

2014-2015

Christopher Knight and Tom Cross
11 KBW




1. Our sixth annual round-up of the ten most interesting public law judgments delivered by
  the Supreme Court, in the legal year 2014-2015, has been more difficult this year than
  some of the recent past. In particular, the 2014-2015 year, whilst perhaps not one
  which will be described as vintage, was filled with quite a number of genuinely interest-
  ing and important decisions. The authors confess that in some years the debate between
  them has been what can be included to bring the summaries up to ten, whereas in this
  year a number of cases which on any other year would easily have made the round-up
  have had to miss out.
2. This is perhaps a reflection of the continuing disproportionate amount of the Supreme
  Court's workload which can be roughly characterised as involving public law. This
  year, we calculate some 36 of the 71 judgments delivered during the legal year were
  on matters of public law, which amounts to some 51 per cent of the cases. Court-watchers
  will note that the output of the court has increased from the figures of its first few years,
  and public law percentage is broadly creeping up as well. As usual, we have appended to
  the end of our ten summaries the list of public law judgments.
3. We do not usually give honourable mentions to cases which missed out on discussion,
  but readers may find it useful to look at the judgments of the Supreme Court in R (Bour-
  gass) v Secretary of State for Justice [2015] UKSC 54 [2015] 3 WLR 457, Greater Glasgow
  Health Board v Doogan [2014] UKSC 68 [2015] AC 640, R (Rotherham Metropolitan
  Borough Council) v Secretary of State for Business, Innovation and Skills [2015] UKSC 6
  [2015] PTSR 322 and Beghal v Director of Public Prosecutions [2015] UKSC 49 [2016] AC
  88, any of which could easily have been included in our list of ten this year without
  any significant protest. We hope the choices we have made, however, continue to
  reflect the broad range of public law considered by the court (although there is a signifi-
  cant focus this year on cases considering the nature of the proportionality test in its
  various incarnations) and the issues of wider legal significance to those working in the
  public law field.

R (Barclay) v Lord Chancellor (No. 2) [2014] UKSC 54 [2015] AC 276

4. The ongoing enmity on the island of Sark between the island's authorities, particularly
  the Sark legislature the Chief Pleas, and the Barclay brothers (owners of the Telegraph
  amongst various other assets) has generated a fair amount of litigation and R (Barclay)
  v Lord Chancellor (No. 2) is one of those which gives rise to some interesting constitutional
  issues far beyond the relatively mundane context of the case itself.
5. That context was a challenge to the legality of an Order in Council, made under the Royal
  Prerogative, which gave assent to the Reform (Sark) (Amendment) (No. 2) Law 2010. The
  2010 Law removed the Seneschal, the chief judge of the island, from the post of President


© 2016 Informa UK Limited, trading as Taylor & Francis Group

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most