# UK Supreme Court Explained: The Highest Court, Landmark Cases, and How It Shapes British Law

> The UK Supreme Court is the final court of appeal for civil and criminal cases, established in 2009 to replace the Law Lords. With just 60-80 cases per year, it shapes constitutional law, human rights, and major legal principles affecting millions.

*Section: News — By Daily Junction Editorial Team (Newsroom) — Published January 15, 2025 — 12 min read*

Canonical URL: https://dailyjunction.org/news/uk-supreme-court-explained
Tags: Supreme Court, UK law, constitutional law, judiciary, legal system

## Key takeaways

- The UK Supreme Court was established in 2009, replacing the Judicial Committee of the House of Lords to create a clearer separation between the judiciary and legislature
- The court hears only 60-80 cases per year, selected based on whether they raise points of law of general public importance
- Supreme Court decisions are binding on all lower courts in the UK and can only be overruled by Parliament passing new legislation or by the Supreme Court itself in a future case
- Landmark cases include the Article 50 Brexit case (2017), the prorogation of Parliament case (2019), and the Uber workers' rights case (2021)
- The court has 12 Justices appointed from the most senior judges, with the President currently Lord Reed and the Deputy President Lady Rose

The **UK Supreme Court** is the highest court in the United Kingdom, serving as the final court of appeal for civil and criminal cases in England, Wales, and Northern Ireland, and for civil cases in Scotland. Established in **2009** to replace the Judicial Committee of the House of Lords, the Supreme Court was created to provide a clearer separation between the judiciary and the legislature, enhancing judicial independence and transparency. With just **60-80 cases per year**, the Supreme Court hears only the most important legal disputes—those that raise **points of law of general public importance**—and its decisions shape constitutional law, human rights, commercial law, and other major legal principles affecting millions of people. Understanding how the Supreme Court works, its landmark cases, and its role in the UK constitution is essential for anyone seeking to understand how British law is made and interpreted at the highest level.

## What Is the UK Supreme Court?

The UK Supreme Court is the **final court of appeal** for:

- **Civil cases** in England, Wales, Scotland, and Northern Ireland
- **Criminal cases** in England, Wales, and Northern Ireland (but **not** Scotland, where the High Court of Justiciary is the final criminal court)

The Supreme Court was established by the **Constitutional Reform Act 2005** and began operating on **1 October 2009**. It replaced the **Judicial Committee of the House of Lords** (the "Law Lords"), which had been the UK's highest court since the 14th century.

### Why Was the Supreme Court Created?

Before 2009, the UK's highest court was the **Judicial Committee of the House of Lords**, composed of senior judges (Law Lords) who sat in the House of Lords (the upper chamber of Parliament). This arrangement was criticized for:

- **Blurring the separation of powers** — the Law Lords were both judges and legislators, sitting in Parliament and hearing appeals
- **Lack of transparency** — the Law Lords sat in a committee room in the Palace of Westminster, not a public courtroom
- **Confusion** — the public did not understand that the "House of Lords" as a court was separate from the "House of Lords" as a legislature

The Constitutional Reform Act 2005 created the Supreme Court to:

- **Separate the judiciary from the legislature** — Supreme Court Justices are not members of the House of Lords and do not sit in Parliament
- **Enhance transparency** — the Supreme Court sits in a purpose-built building (Middlesex Guildhall, opposite Parliament) with public access and live-streamed hearings
- **Clarify the role of the highest court** — the Supreme Court is clearly identified as the UK's final court of appeal

## The Supreme Court's Jurisdiction

The Supreme Court hears appeals on **points of law of general public importance**. It does **not** rehear cases or reconsider facts—it reviews whether the lower court applied the law correctly.

### 1. Civil Appeals

The Supreme Court hears civil appeals from:

- **Court of Appeal (England and Wales)**
- **Court of Session (Scotland)**
- **Court of Appeal (Northern Ireland)**

To appeal to the Supreme Court, the appellant must obtain **permission to appeal** (also called "leave to appeal") from either:

- The lower court (Court of Appeal or Court of Session), or
- The Supreme Court itself

Permission is granted only if the case raises a **point of law of general public importance**. Examples include:

- **Contract law** — does a particular clause violate the Unfair Contract Terms Act 1977?
- **Tort law** — what is the scope of a duty of care in negligence?
- **Human rights** — does a particular law violate the European Convention on Human Rights?
- **Constitutional law** — what are the limits of executive power?

### 2. Criminal Appeals

The Supreme Court hears criminal appeals from:

- **Court of Appeal (Criminal Division) (England and Wales)**
- **Court of Appeal (Northern Ireland)**

The Supreme Court does **not** hear criminal appeals from Scotland—the **High Court of Justiciary** is Scotland's final criminal court.

To appeal to the Supreme Court in a criminal case, the appellant must obtain **permission to appeal** and the case must raise a **point of law of general public importance**.

### 3. Devolution Cases

The Supreme Court has special jurisdiction over **devolution issues**—disputes about whether the devolved governments (Scotland, Wales, Northern Ireland) have acted within their powers. Examples include:

- Has the Scottish Parliament passed a law outside its legislative competence?
- Has the Welsh Government acted beyond its devolved powers?

Devolution cases can be referred directly to the Supreme Court by the UK or devolved governments, or can arise in appeals from lower courts.

### 4. References from the Court of Appeal

In rare cases, the **Attorney General** can refer a point of law to the Supreme Court after an acquittal in a criminal case (an "Attorney General's Reference"). The Supreme Court's ruling clarifies the law for future cases but does not affect the acquittal.

## How the Supreme Court Works

### 1. Applying for Permission to Appeal

To appeal to the Supreme Court, the appellant must:

1. **Apply for permission to appeal** from the lower court (Court of Appeal or Court of Session)
2. If the lower court refuses, **apply to the Supreme Court** for permission

The Supreme Court receives **around 250 applications for permission** per year and grants permission in **around 60-80 cases** (around 25-30% of applications).

Permission is granted only if:

- The case raises a **point of law of general public importance**, and
- It is in the **public interest** for the Supreme Court to hear the appeal

### 2. Written and Oral Arguments

Once permission is granted, the parties submit **written cases** (detailed legal arguments) and the Supreme Court may request **written interventions** from third parties (e.g., government departments, charities, interest groups) who have a stake in the legal issue.

The appeal is then heard at an **oral hearing**, typically lasting **1-3 days** (though complex cases can last longer). The hearing is:

- **Public** (anyone can attend)
- **Live-streamed** on the Supreme Court website
- **Heard by a panel of Justices** (typically 5, but 7 or 9 for the most important cases, and occasionally all 12 for constitutional cases)

At the hearing, the parties' lawyers present **oral arguments** and answer questions from the Justices. There are no witnesses or new evidence—the Supreme Court reviews the law, not the facts.

### 3. Judgment

After the hearing, the Justices **deliberate** (discuss the case privately) and write a **judgment**. Judgments are typically delivered **3-6 months** after the hearing.

Supreme Court judgments are:

- **Written** (published on the Supreme Court website)
- **Reasoned** (the Justices explain their reasoning in detail)
- **Binding** (all lower courts must follow the Supreme Court's interpretation of the law)

Judgments can be:

- **Unanimous** (all Justices agree)
- **Majority** (most Justices agree, with a dissenting opinion from the minority)

Dissenting opinions are published alongside the majority judgment and can be influential in future cases or in Parliament's consideration of law reform.

## The Supreme Court Justices

The Supreme Court has **12 Justices**, appointed from the most senior judges in the UK. The Justices are:

- **The President** — currently **Lord Reed** (appointed 2020)
- **The Deputy President** — currently **Lady Rose** (appointed 2024)
- **10 other Justices**

### Appointment Process

Supreme Court Justices are appointed by the **monarch** on the advice of the **Prime Minister**, following a recommendation from a **five-member selection commission** composed of:

- The President and Deputy President of the Supreme Court
- A member of the Judicial Appointments Commission (England and Wales)
- A member of the Judicial Appointments Board for Scotland
- A member of the Northern Ireland Judicial Appointments Commission

The selection commission:

- **Advertises the vacancy** publicly
- **Assesses candidates** based on merit (legal knowledge, judicial experience, intellectual ability, personal qualities)
- **Recommends one candidate** to the Lord Chancellor (Justice Secretary)

The Lord Chancellor can:

- **Accept the recommendation** (the usual outcome)
- **Reject it** (once only, requiring the commission to reconsider)
- **Ask the commission to reconsider** (once only)

The process is designed to be **independent of political influence**, though the Prime Minister and Lord Chancellor have a formal role.

### Eligibility

To be appointed, a candidate must have:

- **Held high judicial office for at least 2 years** (e.g., Court of Appeal judge, High Court judge), or
- **Been a qualifying practitioner for at least 15 years** (barrister or solicitor with rights of audience in the higher courts)

In practice, most Supreme Court Justices are appointed from the **Court of Appeal** or **High Court**.

### Diversity

The Supreme Court has historically been dominated by white men. As of **January 2025**, the composition is:

- **3 women** (Lady Rose, Lady Simler, Lady Hamblen)
- **9 men**
- **All white** (no ethnic minority Justices have ever been appointed)

The lack of diversity has been criticized, and recent appointments have prioritized increasing the number of women and ethnic minority candidates.

### Retirement

Supreme Court Justices must retire at **age 75** (reduced from 70 in 2005). They can resign earlier if they choose.

## Landmark Supreme Court Cases

The Supreme Court has decided several landmark cases that have shaped UK law:

### 1. R (Miller) v Secretary of State for Exiting the EU (2017) — The Article 50 Brexit Case

**Issue**: Can the government trigger Article 50 (the process for leaving the EU) without Parliament's approval?

**Ruling**: No. The Supreme Court ruled (8-3) that the government cannot trigger Article 50 using the royal prerogative (executive power) because leaving the EU would remove rights granted by Parliament (the European Communities Act 1972). Parliament must pass an Act to authorize triggering Article 50.

**Impact**: Parliament passed the European Union (Notification of Withdrawal) Act 2017, authorizing the government to trigger Article 50. The case affirmed the principle of **parliamentary sovereignty**—the government cannot remove rights granted by Parliament without Parliament's consent.

### 2. R (Miller) v The Prime Minister; Cherry v Advocate General for Scotland (2019) — The Prorogation Case

**Issue**: Was Boris Johnson's advice to the Queen to prorogue (suspend) Parliament for five weeks in September 2019 lawful?

**Ruling**: No. The Supreme Court ruled (11-0) that the prorogation was **unlawful** because it had the effect of frustrating Parliament's ability to scrutinize the government during the Brexit process, and the government had not provided a reasonable justification. The prorogation was **void** (it never happened).

**Impact**: Parliament resumed sitting immediately. The case established that the courts can review the exercise of the royal prerogative if it affects the functioning of Parliament or the rule of law.

### 3. Uber BV v Aslam (2021) — The Uber Workers' Rights Case

**Issue**: Are Uber drivers "workers" (entitled to minimum wage, holiday pay, and other rights) or self-employed contractors (not entitled to these rights)?

**Ruling**: Uber drivers are **workers**. The Supreme Court ruled (unanimously) that Uber drivers are workers under the Employment Rights Act 1996 because Uber exercises significant control over them (sets fares, assigns passengers, monitors performance) and they are not genuinely in business on their own account.

**Impact**: Uber was required to pay drivers minimum wage and holiday pay. The case has implications for the entire "gig economy" (Deliveroo, Amazon Flex, etc.), with many gig workers now classified as workers rather than self-employed.

### 4. R (on the application of Begum) v Special Immigration Appeals Commission (2021) — The Shamima Begum Case

**Issue**: Can Shamima Begum (who joined ISIS in Syria in 2015 and had her UK citizenship removed in 2019) return to the UK to appeal the removal of her citizenship?

**Ruling**: No. The Supreme Court ruled (unanimously) that Begum cannot return to the UK to appeal because allowing her to return would create a **security risk** that outweighs her right to a fair hearing. She can appeal from abroad.

**Impact**: The case affirmed that **national security** can outweigh procedural fairness in citizenship cases. It has been criticized by human rights groups as undermining the right to a fair trial.

### 5. R (Privacy International) v Investigatory Powers Tribunal (2019) — The Judicial Review of Tribunals Case

**Issue**: Can the Investigatory Powers Tribunal (which hears complaints about surveillance by intelligence agencies) be judicially reviewed by the courts?

**Ruling**: Yes. The Supreme Court ruled (5-2) that the Investigatory Powers Tribunal is subject to judicial review, despite a statutory provision (the Regulation of Investigatory Powers Act 2000) that appeared to exclude judicial review. The court interpreted the provision narrowly to preserve the rule of law.

**Impact**: The case affirmed the principle that **Parliament cannot exclude judicial review** unless it uses the clearest possible language (an "ouster clause"). It strengthened the courts' ability to review executive and tribunal decisions.

## The Supreme Court and Parliamentary Sovereignty

The UK Supreme Court operates within the principle of **parliamentary sovereignty**—Parliament is the supreme law-making body, and the courts cannot strike down Acts of Parliament.

However, the Supreme Court can:

- **Interpret Acts of Parliament** in ways that limit their effect (e.g., reading them narrowly to protect human rights)
- **Issue declarations of incompatibility** under the Human Rights Act 1998 if an Act is incompatible with the European Convention on Human Rights (this does not invalidate the Act, but puts pressure on Parliament to amend it)
- **Review the exercise of executive power** (e.g., the prorogation case) to ensure it complies with the law

The Supreme Court's role is to **interpret and apply the law**, not to make law. However, in practice, Supreme Court judgments often have a law-making effect because they clarify ambiguous legal principles and set binding precedents.

## The Bottom Line

The UK Supreme Court is the final court of appeal for civil and criminal cases, established in 2009 to replace the Law Lords and create a clearer separation between the judiciary and legislature. The court hears only 60-80 cases per year, selected based on whether they raise points of law of general public importance. Supreme Court decisions are binding on all lower courts and can only be overruled by Parliament passing new legislation or by the Supreme Court itself in a future case. Landmark cases include the Article 50 Brexit case (2017), the prorogation of Parliament case (2019), and the Uber workers' rights case (2021). The court has 12 Justices appointed from the most senior judges, with the President currently Lord Reed. Understanding the Supreme Court's role is essential for anyone seeking to understand how British law is shaped at the highest level.

## Frequently asked questions

### Can the UK Supreme Court strike down Acts of Parliament?

No. Unlike the US Supreme Court, the UK Supreme Court cannot strike down Acts of Parliament as unconstitutional because the UK has no written constitution and Parliament is sovereign. However, the Supreme Court can issue a 'declaration of incompatibility' under the Human Rights Act 1998 if it finds an Act incompatible with the European Convention on Human Rights. This does not invalidate the Act, but it puts pressure on Parliament to amend it. The Supreme Court can also interpret Acts in ways that limit their effect.

### How are Supreme Court Justices appointed?

Supreme Court Justices are appointed by the monarch on the advice of the Prime Minister, following a recommendation from a five-member selection commission (including the President and Deputy President of the Supreme Court, and members of the Judicial Appointments Commissions for England, Scotland, and Northern Ireland). Candidates must have held high judicial office for at least 2 years or been a qualifying practitioner (barrister or solicitor) for at least 15 years. The process is designed to be independent of political influence.

### What is the difference between the UK Supreme Court and the European Court of Human Rights?

The UK Supreme Court is the UK's highest domestic court, hearing appeals on UK law. The European Court of Human Rights (ECtHR) is an international court in Strasbourg that hears cases alleging violations of the European Convention on Human Rights by member states (including the UK). The ECtHR is not part of the EU—it was established by the Council of Europe and the UK remains a member despite Brexit. UK citizens can appeal to the ECtHR after exhausting domestic remedies, but ECtHR judgments are not automatically binding on UK courts (though they are highly persuasive).

## Sources

- [UK Supreme Court — Annual Report and Accounts 2023-24](https://www.supremecourt.uk/)
- [The Judiciary — The Supreme Court](https://www.judiciary.uk/about-the-judiciary/the-justice-system/court-structure/supreme-court/)
- [House of Commons Library — The UK Supreme Court](https://commonslibrary.parliament.uk/)
- [Constitutional Reform Act 2005](https://www.legislation.gov.uk/ukpga/2005/4/contents)

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