# 2017 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 2017. 5 cases have been decided as of 25 January 2017 and these are ordered by neutral citation.
In 2017 Lord Neuberger is the President of the Supreme Court, Lady Hale is the Deputy President.
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.
All dates are for 2017 unless expressly stated otherwise.

## 2017 case summaries

| Case name | Citation | Date | Legal subject | Summary of decision |
| Rahmatullah (No 2) v Ministry of Defence | [2017] UKSC 1 | 17 January | Crown Proceedings Act 1947 | |
| Abd Ali Hameed Al-Waheed v Ministry of Defence | [2017] UKSC 2 | 17 January | Constitutional law | Detention |
| Belhaj v Straw | [2017] UKSC 3 | 17 January | International law | Act of state doctrine |
| FirstGroup Plc v Paulley | [2017] UKSC 4 | 18 January | Discrimination law | A bus company's duty to provide wheelchair space under the Equality Act 2010. |
| R (Miller) v Secretary of State for Exiting the European Union | [2017] UKSC 5 | 24 January | Constitutional law | An Act of Parliament, not the Royal Prerogative, was required to send notification under TEU article 50 to negotiate leaving the EU because this would withdraw rights under Acts of Parliament. Decided by 11 judges. |
| Akers v Samba Financial Group | [2017] UKSC 6 | 1 February | Conflict of laws | 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 Insolvency Act 1986. |
| DB v Chief Constable of Police Service of Northern Ireland | [2017] UKSC 7 | 1 February | Constitutional law | Bans on processions in Northern Ireland and ECHR article 11. |
| Re Brewster | [2017] UKSC 8 | 8 February | | |
| R (Hicks) v Commissioner of Police for the Metropolis | [2017] UKSC 9 | 15 February | Constitutional law | |
| R (MM (Lebanon)) v Secretary of State | [2017] UKSC 10 | 22 February | | |
| R (Agyarko and Ikuga) v Secretary of State for the Home Department | [2017] UKSC 11 | 22 February | | |
| Homes and Communities Agency v JS Bloor (Wilmslow) Ltd | [2017] UKSC 12 | 22 February | | |
| AMT Futures Ltd v Marzillier | [2017] UKSC 13 | 1 March | | |
| Newbigin (Valuation Officer) v SJ & J Monk | [2017] UKSC 14 | 1 March | | |
| EV (A Child), Re (Scotland) | [2017] UKSC 15 | 1 March | | |
| IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation | [2017] UKSC 16 | 1 March | | |
| Ilott v The Blue Cross | [2017] UKSC 17 | 15 March | | |
| AIG Europe Ltd v Woodman | [2017] UKSC 18 | 22 March | | |
| Financial Conduct Authority v Macris | [2017] UKSC 19 | 22 March | | |
| Gordon v Scottish Criminal Cases Review Commission (Scotland) | [2017] UKSC 20 | 22 March | | |
| BPE Solicitors v Hughes-Holland | [2017] UKSC 21 | 22 March | | |
| N v ACCG | [2017] UKSC 22 | 22 March | | |
| Plevin v Paragon Personal Finance Ltd | [2017] UKSC 23 | 29 March | | |
| Wood v Capita Insurance Services Ltd | [2017] UKSC 24 | 29 March | | |
| AB v Her Majesty's Advocate | [2017] UKSC 25 | 5 April | | |
| Volkswagen Financial Services (UK) Ltd v Revenue and Customs | [2017] UKSC 26 | 5 April | | |
| Essop v Home Office (UK Border Agency) | [2017] UKSC 27 | 5 April | Labour law | A skills test was indirect discrimination, and claimants need not prove why if there is in fact a disparate impact. |
| Isle of Wight Council v Platt | [2017] UKSC 28 | 6 April | | |
| Revenue and Customs v The Investment Trust Companies | [2017] UKSC 29 | 11 April | | |
| SXH v The Crown Prosecution Service | [2017] UKSC 30 | 11 April | | |
| McCann v The State Hospitals Board for Scotland | [2017] UKSC 31 | 11 April | | |
| Lowick Rose LLP v Swynson Ltd | [2017] UKSC 32 | 11 April | | |
| Times Newspapers Ltd v Flood | [2017] UKSC 33 | 11 April | | |
| Nuclear Decommissioning Authority v EnergySolutions EU Ltd | [2017] UKSC 34 | 11 April | | |
| Gard Marine and Energy Ltd v China National Chartering Company Ltd | [2017] UKSC 35 | 10 May | | |
| Poshteh v Royal Borough of Kensington and Chelsea | [2017] UKSC 36 | 10 May | | |
| Suffolk Coastal District Council v Hopkins Homes Ltd | [2017] UKSC 37 | 10 May | | |
| LB Holdings Intermediate 2 Ltd v Lehman Brothers International (Europe) | [2017] UKSC 38 | 17 May | Insolvency law | |
| Hartley v King Edward VI College | [2017] UKSC 39 | 24 May | Labour law | Wage deductions from striking teachers were unlawful by exceeding the proportion of time on strike. |
| R (Coll) v Secretary of State for Justice | [2017] UKSC 40 | 24 May | | |
| R (A and B) v Secretary of State for Health | [2017] UKSC 41 | 14 June | | |
| R (Kiarie and Byndloss) v Secretary of State for the Home Department | [2017] UKSC 42 | 14 June | | |
| Globalia Business Travel SAU of Spain v Fulton Shipping Inc of Panama | [2017] UKSC 43 | 28 June | | |
| Lord Advocate v Dean | [2017] UKSC 44 | 28 June | | |
| RFC 2012 Plc v Advocate General for Scotland | [2017] UKSC 45 | 5 July | | |
| O'Brien v Ministry of Justice | [2017] UKSC 46 | 12 July | | |
| Walker v Innospec Ltd | [2017] UKSC 47 | 12 July | | |
| Eli Lilly v Actavis UK Ltd | [2017] UKSC 48 | 12 July | | |
| PNM v Times Newspapers Ltd & | [2017] UKSC 49 | 19 July | | |
| R (Hemming (t/a Simply Pleasure)) v Westminster City Council | [2017] UKSC 50 | 19 July | | |
| R (UNISON) v Lord Chancellor | [2017] UKSC 51 | 26 July | Constitutional law, Labour law | The Lord Chancellor's Order imposing £1200 fees to bring Employment Tribunal claims violated the rule of law. |
| McDonald v Newton or McDonald | [2017] UKSC 52 | 26 July | | |
| Birch v Birch | [2017] UKSC 53 | 26 July | | |
| Sadovska v Secretary of State for the Home Department | [2017] UKSC 54 | 26 July | | |
| BPP Holdings Ltd v Revenue and Customs | [2017] UKSC 55 | 26 July | | |
| R (Forge Care Homes Ltd) v Cardiff and Vale University Health Board | [2017] UKSC 56 | 2 August | | |
| Goldtrail Travel Ltd v Onur Air Tasimacilik AS | [2017] UKSC 57 | 2 August | | |
| R v M | [2017] UKSC 58 | 3 August | | |
| MT Hojgaard AS v EON Climate and Renewables UK Robin Rigg East Ltd | [2017] UKSC 59 | 3 August | | |
| Armes v Nottinghamshire County Council | [2017] UKSC 60 | 18 October | | |
| Reyes v Al-Malki | [2017] UKSC 61 | 18 October | | |
| Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs | [2017] UKSC 62 | 18 October | Labour law, International law | There was no state immunity for breach of employment rights. |
| Re Loughlin | [2017] UKSC 63 | 18 October | | |
| Taurus Petroleum Limited v State Oil Marketing Company of the Ministry of Oil, Republic of Iraq | [2017] UKSC 64 | 25 October | | |
| P v Commissioner of Police of the Metropolis | [2017] UKSC 65 | 25 October | | |
| Aberdeen City and Shire Strategic Development Planning Authority v Elsick Development Company Limited | [2017] UKSC 66 | 25 October | | |
| Ivey v Genting Casinos (UK) Ltd | [2017] UKSC 67 | 25 October | Criminal law | The test for fraud is objective. |
| Mitsui & Co Ltd v Beteiligungsgesellschaft LPG Tankerflotte MBH & Co KG | [2017] UKSC 68 | 25 October | | |
| Brown v The Parole Board for Scotland | [2017] UKSC 69 | 1 November | Article 5 of the European Convention on Human Rights, Human Rights Act 1998 | The duty to afford prisoners a real opportunity for rehabilitation extends beyond those subject to life sentences and includes prisoners serving the extended part of an extended sentence. |
| Littlewoods Ltd v Commissioners for Her Majesty's Revenue and Customs | [2017] UKSC 70 | 1 November | Tax Law | Littlewoods were not entitled on common law grounds to receive compound interest from HMRC on overpaid VAT. The terms of the Value Added Tax Act 1994 exclude common law restitution claims and compound interest and these provisions were not contrary to EU law. |
| Michalak v General Medical Council | [2017] UKSC 71 | 1 November | Judicial Review, Equality Act 2010 | A judicial review of conduct relating to a decision by the General Medical Council does not constitute 'proceedings in the nature of appeal' but is instead 'proceedings in which the legality of any decision, to the procedure by which it is reached, is challenge'. As a result, claimants complaining of unlawful discrimination by a qualification body can take the complaint to the Employment Tribunal in all cases unless there is a specific alternative right of appeal. |
| R (C) v Secretary of State for Work and Pensions | [2017] UKSC 72 | 1 November | Gender Inequality, Gender Recognition Act 2004, Human Rights Act 1998, Equality Act 2010 | Policies in the administration the welfare benefits system which retained the birth gender of a person within a person's records were not unlawful in their application to people of reassigned gender. |
| R (HC) v Secretary of State for Work and Pensions | [2017] UKSC 73 | 15 November | Immigration Law | Regulations introduced to exclude persons from eligibility to social security benefits who qualified to reside in the UK solely as a result of the ruling in Ruiz Zambrano v Office national de l'emploi were not incompatible with the EU Charter of Fundamental Rights or Article 14 of the European Convention on Human Rights. |
| R (De Silva) v HM Revenue and Customs | [2017] UKSC 74 | 15 November | Tax Law, Taxes Management Act 1970 | Enquiries made by HMRC into elections made by members of a film partnership, in respect of the utilisation of losses made by that partnership, were valid where the enquiry was made into the partnership return rather than specifically into the claims made by the individuals. |
| Gordon v Campbell Riddell Breeze Paterson LLP | [2017] UKSC 75 | 15 November | Professional negligence, Prescription and Limitation (Scotland) Act 1973 | The five year time limits in the Prescription and Limitation (Scotland) Act 1973 meant that a claim involving a professional negligence action against a firm of solicitors could only be made for up to five years from the date on which the client incurred the loss, even if the party did not know that they will have a claim during that period. |
| Scotch Whisky Association & Ors v The Lord Advocate | [2017] UKSC 76 | 15 November | The Alcohol (Minimum Pricing) (Scotland) Act 2012, Treaty on the Functioning of the European Union | The Scottish government minimum pricing legislation on alcohol was legal and did not conflict with the requirements for 'open and un-distorted competition' guaranteed by the EU free movement principles. |
| Tiuta International Ltd (in liquidation) v De Villiers Surveyors Ltd | [2017] UKSC 77 | 29 November | Professional negligence in English law | Where a lender had made a loan to a property developer based on a valuation from a property surveyor which replaced an existing loan made by the same lender, which was based on a previous valuation (for which not claim for negligence was made), then the loss to the lender arising from the second valuation was limited to the additional monies lent under the second loan rather than the whole of the value of the second loan. |
| O'Connor v Bar Standards Board | [2017] UKSC 78 | 6 December | Human Rights Human Rights Act 1998 | A barrister who had been charged by the Bar Standards Board for professional misconduct and who had challenged the charge as being a breach of rights under the European Convention on Human Rights was not out of time to make such a challenge. The 12 month time period for making such a claim where there was a continuous course of conduct could start from the end of that continuous period. |
| Dover District Council v CPRE Kent | [2017] UKSC 79 | 6 December | Planning permission in the United Kingdom, The Town and Country Planning Act 1990 | Where a local planning authority had granted permission against the advice of its own professional advisers it had a common law duty to provide reasons for the decision. Such a duty also existed in statute under the Town and County Planning (Environmental Impact Assessment) Regulations 2011. |
| Four Seasons Holdings Incorporated v Brownlie | [2017] UKSC 80 | 19 December | Tort law | The term "damange" should be given its ordinary and natural meaning in considering whether the civil procedure rules allow for proceedings to be brought in the English courts where 'damage was, or will be sustained, within the jurisdiction'. Therefore, an indirect loss suffered in England as a result of a tort committed abroad may be sufficient to establish the English court's jurisdiction to hear the claim. |
| R (Black) v Secretary of State for Justice | [2017] UKSC 81 | 19 December | Smoking ban in England | The Crown, in respect of the operations of Her Majesty's Prison Service is not bound by the provisions of the smoking ban in England as express provision to bind the Crown as not made in the Health Act 2006. |
| R (Hysaj) v Secretary of State for the Home Department | [2017] UKSC 82 | 21 December | British nationality law, British Nationality Act 1981 | Misrepresentations made in applications for citizenship render the applicant to be liable to be deprived of citizenship. 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. Persons note impersonating another real person will therefore be entitled to the full appeals process. |

## 2017 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 |
| Rahmatullah (No 2) v Ministry of Defence | [2017] UKSC 1 | 9-10 May 2016 | 17 January |
| Abd Ali Hameed Al-Waheed v Ministry of Defence | [2017] UKSC 2 | 1-4 February 2016; 26 October 2016 | 17 January |
| Belhaj v Straw | [2017] UKSC 3 | 9-12 November 2015 | 17 January |
| FirstGroup Plc v Paulley | [2017] UKSC 4 | 15 June 2016 | 18 January |
| R (Miller) v Secretary of State for Exiting the European Union | [2017] UKSC 5 | 5-8 December 2016 | 24 January |
| Akers v Samba Financial Group | [2017] UKSC 6 | 27–28 April 2016 | 1 February 2017 |
| DB v Chief Constable of Police Service of Northern Ireland | [2017] UKSC 7 | 15 November 2016 | 1 February 2017 |
| In the matter of an application by Denise Brewster for Judicial Review | [2017] UKSC 8 | 24 November 2016 | 8 February 2017 |
| R (Hicks) v Commissioner of Police for the Metropolis | [2017] UKSC 9 | 28–29 June 2016 | 15 February 2017 |
| R (MM) v Secretary of State for the Home Department | [2017] UKSC 10 | 22–24 February 2016 | 22 February 2017 |
| R (Agyarko) v Secretary of State for the Home Department | [2017] UKSC 11 | 6–7 April 2016 | 22 February 2017 |
| Homes and Communities Agency v J S Bloor (Wilmslow) Ltd | [2017] UKSC 12 | 12 January 2017 | 22 February 2017 |
| Isle of Wight Council v Platt | [2017] UKSC 28 | 31 January 2017 | 6 April 2017 |
| R (UNISON) v Lord Chancellor | [2017] UKSC 51 | 27–28 March 2017 | 26 July 2017 |