Court: Supreme Court

Requiring passports to specify gender as only either Male or Female is not a breach of ECHR, Supreme Court rules

R (on the application of Elan-Cane) v Secretary of State for the Home Department [2021] UKSC 56

The Supreme Court unanimously dismissed this appeal concerning whether the Court of Appeal was wrong in its conclusion that Her Majesty’s Passport Office’s policy does not unjustifiably breach articles 8 and 14 of the European Convention on Human Rights (“ECHR”).The policy in question holds that (i) an applicant for a passport must declare their gender/sex […]

Supreme Court hands down judgment in joined appeals concerning events in Northern Ireland during The Troubles

In the matter of an application by Margaret McQuillan for Judicial Review (Northern Ireland) (Nos 1, 2 and 3) [2021] UKSC 55

These appeals from the Court of Appeal in Northern Ireland concerned events which occurred in 1971 and 1972 during “the Troubles”. They concerned the circumstances in which there is an obligation on the UK Government to investigate a death or allegation of torture or inhuman or degrading treatment under Articles 2 and 3 of the […]

Supreme Court makes important decision regarding a person’s capacity to engage in sexual activities

A Local Authority v JB (by his Litigation Friend, the Official Solicitor) [2021] UKSC 52

The Supreme Court handed down judgment in A Local Authority v JB. The Court considered whether, in order for a person to have capacity to engage in sexual relations with another person, that person must be able to understand that the other person must be able to consent to the sexual activity and must in […]

Supreme Court holds that key provisions of the Scottish UNCRC Bill would be outside devolved competence

REFERENCE by the Attorney General and the Advocate General for Scotland – United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill

The Supreme Court has today handed down its judgment on two important references concerning the legislative competence of the Scottish Parliament. The Scottish Parliament had passed two Bills containing provisions which sought to grant the Scottish courts extensive powers to interpret and scrutinise primary legislation passed by the UK Parliament, where this was incompatible with […]