The Supreme Court Annual Report and Accounts 2015–2016 The Supreme Court Annual Report and Accounts 2015–2016 Annual Report presented to Parliament pursuant to Section 54(1) of the Constitutional Reform Act 2005. Accounts presented to the House of Commons pursuant to Section 6(4) of the Government Resources and Accounts Act 2000. Accounts presented to the House of Lords by Command of Her Majesty. Ordered by the House of Commons to be printed on 4 July 2016. HC 32 © Crown Copyright 2016 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@ nationalarchives.gsi.gov.uk. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at www.gov.uk/government/publications Any enquiries regarding this publication should be sent to us at: [email protected] You can download this publication from www.supremecourt.uk Print ISBN 9781474132770 Web ISBN 9781474132787 ID 11051611 06/16 Printed on paper containing 75% recycled fibre content minimum Printed in the UK by the Williams Lea Group on behalf of the Controller of Her Majesty’s Stationery Office Front cover image © Kevin Leighton The Supreme Court Annual Report and Accounts 2015–2016 4 contents one two three four FOREWORD AND OVERVIEW: OBJECTIVES PERFORMANCE REPORT: PERFORMANCE REPORT: PERFORMANCE REPORT: INTRODUCTION AND GOVERNANCE JURISDICTION AND COMMUNICATION AND INTERNATIONAL CASEWORK EXTERNAL RELATIONS RELATIONS Foreword 06 Our Mission 11 (A) UKSC 19 Maintaining Effective 39 Justices’ International 54 Relationships with all Links Introduction 08 Our Strategic Objectives 11 Jurisdiction and 19 Jurisdictions in the Our Values 12 casework Visits by individual 54 United Kingdom and Justices Our governance 13 Rules and Practice 20 the jurisdictions which Directions use the JCPC Costs 57 Who’s who: 14 Membership of The procedure for 20 Welcoming visitors 42 appealing: permission to Management Board Educating and 45 appeal (PTA) applications and Committees inspiring Appeals 21 Policy developments 17 Reaching new 46 Hearings 21 audiences through References to the 25 special events Court of Justice of the Using art to educate 46 European Union Working with the 47 Size of panels 27 media hearing cases A user-focused online 47 Cases and judgments 28 presence (B) JCPC 31 Maintaining links with 48 Jurisdiction and 31 Middlesex casework Marking 800 years of 49 Rules and Practice 32 Magna Carta Directions The procedure for 32 appealing Appeals 32 Size of panels 35 hearing cases Cases and judgments 35 Supreme Court Annual Report 2015–2016 5 five six seven eight annex PERFORMANCE REPORT: PERFORMANCE REPORT: ACCOUNTABILITY FINANCIAL STATEMENTS CORPORATE SERVICES MANAGEMENT REPORT COMMENTARY Our People 59 Management 67 Statement of 72 Statement of 92 Jurisdictions where 106 Our information and 62 commentary Accounting Officer's Comprehensive the JCPC is the resources, and how we Responsibilities Net Expenditure final Court of Appeal manage them Governance 72 Statement of Financial 93 Our building, your 63 Statement Position building Remuneration and 78 Statement of Cash 94 Dealing with 64 Staff Report Flows complaints Parliamentary 85 Statement of Changes 95 Accountability and in Taxpayers’ Equity Audit Report Notes to the Accounts 96 Audit Certificate – 88 UKSC Supreme Court Annual Report 2015–2016 6 Foreword BY THE PRESIDENT OF THE SUPREME COURT LORD NEUBERGER This has again been a busy year for the inevitably mean a period of adjustment for Supreme Court and the Judicial Committee the Court but it also provides opportunities of the Privy Council. for new appointments, and therefore fresh insights and perspectives to be brought to During the 800th anniversary year of bear on our caseload and the way in which Magna Carta, the Supreme Court gave we operate. judgment in over 80 cases, most of them resting on legal issues of considerable public During the year we said goodbye to the importance. These ranged from deciding Court’s first Chief Executive, Jenny Rowe. I how tax legislation should be interpreted would like to pay personal tribute to Jenny for when applied to complex avoidance schemes the excellent way in which she supported the that remain within the letter of the law, to Justices in the administration of the Court. reviewing the common law understanding of She provided energy, direction, resilience and the proper test for securing a joint enterprise fortitude in the face of the many challenges conviction for murder, to clarifying the rules in establishing the Court and overcoming a on the enforceability of penalty clauses in range of teething problems. She is a hard act contracts. In the same period, the Judicial to follow but we are delighted to welcome Committee gave nearly 50 judgments on Mark Ormerod as her successor. On behalf topics as diverse as arbitration, judicial bias of all my colleagues, I wish Jenny a long and and retrospective legislation. happy retirement. There have been no departures from or As well as what I hope is seen as an arrivals to the Judicial Bench this year. Over important and impressive contribution to the next three years, however, six Justices the jurisprudence of the United Kingdom, (including me) reach their compulsory the Supreme Court attracts a large number retirement. That means that we are of visitors. It was my pleasure in February approaching a time of considerable turnover this year to welcome our 500,000th visitor of Justices, a direct consequence of the since the Court opened its doors in 2009. reduction of the compulsory retirement age The numbers of people coming to the Court for the judiciary from 75 to 70 in the mid- – be it school parties, guided tours, university 1990s. We have now reached the point at moots or simply people wandering in to the which those who were appointed earlier and building on their visit to Parliament Square allowed to continue in office until 75 are – is an important demonstration of our leaving at the same time as those appointed openness. And when account is taken of the later and required to retire at 70. Fortunately live streaming and ‘on demand’ broadcasting we shall be able to call on the services of of our hearings and judgments via our those who have retired at 70 through use website, which allows access throughout the of the Supplementary Panel, which allows world, I believe that we are doing our best retired Justices under the age of 75 to sit if to live up to our aim of making the Court, its necessary. The large turnover of Justices will processes and its decisions properly accessible. Supreme Court Annual Report 2015–2016 7 Handling appeals as the Judicial Committee of the Privy Council continues to represent about one third of the Justices’ workload: it is an enriching privilege to serve in this capacity, hearing cases from a range of smaller jurisdictions outside the UK. Debates continue in some of the jurisdictions that send cases to the Judicial Committee about whether it is still appropriate to do so. In particular islands in the Caribbean now have the option of taking their final appeals to the Caribbean Court of Justice. Our attitude in these debates is one of studied neutrality. It is an honour to serve the people of those jurisdictions by providing a final court of appeal but whether a country chooses to leave the JCPC is entirely that country’s decision, and we respect any such decision. I should like to end by thanking my colleagues for all their hard work and support during this year, the staff of the Supreme Court and the Judicial Committee of the Privy Council for their hard work and support, as well as the Lord Chief Justice, the Master of the Rolls, the Lord President and the Lord Chief Justice of Northern Ireland for their continued support including, on occasion, sitting, and releasing judges to sit, with us here in Parliament Square. Supreme Court Annual Report 2015–2016 8 Introduction BY THE CHIEF EXECUTIVE MARK ORMEROD I am pleased to present my first Annual As the Court matures from its early Report, prepared to meet the obligation inception, I considered it important that placed upon the holder of my office by section there should be a body within the Court 54 of the Constitutional Reform Act 2005. which brings together senior members of the Court, of the staff and the Management I am delighted to have been appointed Board's Non-Executive Directors. This Chief Executive of the Supreme Court Strategic Advisory Board has now been and the Judicial Committee of the Privy established and will be taking a longer term Council, following an external recruitment view of the way in which the Court can competition. I would like to pay tribute to my develop in order to ensure that its reputation predecessor, Jenny Rowe, for her dedication is maintained and enhanced and that it and hard work as Chief Executive from the continues to be a forward looking and inception of the Supreme Court through to innovative Court in terms of the service that her retirement last summer. She has left the it provides to the public. Court in excellent shape and it is a daunting as well as exciting privilege to follow her. After seven months in post, I very much look forward to dealing with the challenges ahead, I have been very struck by the warmth of not simply those presented by a tighter welcome from the Justices and staff of financial settlement, but also the increasing the Court together with those with whom demands of users and the large numbers of the Court has dealings.