Supreme Court Case studies

Politics edexcel a-level, the case studies can be linked to other stuff

Yes Finality

Unison V Lord Chancellor 2017: The court struck down employment tribunal fees as unlawful, restoring access to justice, means to take case to employment tribunal employees do not need to pay court fees which were seen as restrictive and unfair

R (on application of SC, CB and 8 children) v Secretary of state for work and pensions: Ruled 2 child limit on UC and Child tax credit is lawful, no breaching discrimination or right to private life ECHR

No finality

R (Nicklinson) v Ministery of Justice 2014: In 2005 Tony Nicklinson suffered stroke, life “living nightmare.” SC split so current Private members Bill by Leadbeater (Terminally ill adults end of life bill to clarify)

R (Privacy international) v investigatory powers tribunal 2019: Case tried to push SC to abolish investigatory cases tribunal (IPT) which has jurisdiction to examine conduct of security service and Gov communications headquarters. SC ruled that it was allowed to retain it role and function

Yes Guardianship

Miller (2019) Parliament prorogation: Court unanimous rule that Johnson’s prorogation unlawful due to attempt to avoid parliamentary scrutiny on Brexit deal. Forced parliament to reopen. Right to representation.

Elgizouli (Appellent) v Secretary for the Home department (2020): Appelent’s son alleged to be one of a group of British terrorists operating in Syria, involved in US citizen murder. 2015 US make mutual legal assistance request to UK for info, only assurance info not directly used in trial with death penalty but refused to rule out. SC ruled UK can’t give evidence without human rights assurances.

No guardianship

Rwanda Deportation-Gov response: The gov introduced plans to deport illegal refugees to Rwanda (by force.) After SC said it was unlawful, they just overrode by changing legislation to call it a safe country and make it legal.

Begum (Respondent) v Secretary of state for the Home department (2021) Begum was Brit citizen from Birth, went to Syria and married ISIS fighter, since ISIS fall was detained at a camp with poor conditions. Home secretary denied her request to return UK due to risk to national security. She requested to enter to appeal against decision and Court said no.

Hypothetically if Reform got into Parliament they can change legislation for British Bill or rights, how much power does SC actually have?

Yes Constitutionalism

Scottish gender recognition bill (2025): TGR reform (scot) bill passed 2022 changing rules to get GRC. Bill blocked from becoming law by UK gov using sec 35 of Scotland act. 2025 SC ruled GRC does not change legal sex for purposes of Equality act 2010, confirming sex means biological, uphold parliamentary soverignty over devolved nations.

R Evans V Her Majesty’s Attorney General (2015): Freedom of information act 2000 allows member of public to see documents held by public bodies. Environmental information regulations 2004 enables members of public to see environmental information documents. Mr Evans requested letters between gov departments, departments refused as they believed letters were exempt. Court ruled in Mr Evan’s favour.

No Constitutionalism

The Judicial Review and Courts act 2022 and abolition of Cart Judicial review: Cart JR abolition (2022) ended ability for cases that have appealed up to upper tribunal to continue to the high court. Parliament changed law because “cart reviews” extremely common but 3 per cent successful, creating cost and delay. Judicial review and courts act 2022 now prevent these reviews so upper tribunal decisions are normally final with few exceptions. Removes pathway to get to sc but they don’t care.

The Lord advocate v Her Majesty’s advocate general for Scotland (2022): UK sc ruled unanimous Scot can’t do second ind ref without UK gov consent. Legally sound but argued to not uphold broader purpose of devolution. SC to “literal statutory interpretations” rather than purpose.