The Supreme Court Annual Report and Accounts HC 1032 2017–2018 1 The Supreme Court Annual Report and Accounts 2017–2018 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 5 June 2018. HC 1032 Supreme Court Annual Report 2017–2018 2 © Crown Copyright 2018 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: [email protected] Where we have identifed any third party copyright information you will need to obtain permission from the copyright holders concerned. 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Front cover image: © UK Supreme Court / Kevin Leighton Supreme Court Annual Report 2017–2018 3 The Supreme Court Annual Report and Accounts 2017–2018 Supreme Court Annual Report 2017–2018 4 Contents one two three four five FOREWORD AND OVERVIEW: PERFORMANCE PERFORMANCE PERFORMANCE PERFORMANCE INTRODUCTION OBJECTIVES AND REPORT: REPORT: REPORT: REPORT: GOVERNANCE JUDICIAL JURISDICTION COMMUNICATIONS INTERNATIONAL APPOINTMENTS AND CASEWORK AND EXTERNAL RELATIONS RELATIONS Foreword 6 Our mission 11 Retirement of 19 (A) UKSC 23 Maintaining 45 Justices’ 58 Lord Toulson effective international Introduction 8 Our strategic 11 Jurisdiction 23 relationships links objectives Extract of 20 and casework Lord Neuberger with all Visits by 58 Our values 12 Rules and 24 and Lord Clarke Jurisdictions individual Justices Practice Our governance 13 Valedictory in the United of the UKSC Directions Kingdom Who’s who: 14 remarks, given Costs 59 membership of by Lady Hale, The procedure 24 Engaging with 47 Management 28 July 2017 for appealing: professional users Permission to Board and Welcoming 48 Appeal (PTA) Committees visitors applications Policy 17 Educating 48 Appeals 25 developments and inspiring Sitting days 25 Using art 50 References to 31 to educate the Court of Serving the media 51 Justice of the European Union A user-focused 51 online presence Size of panels 31 hearing cases Cases and 32 judgments (B) JCPC 33 36 Procedures 37 for appealing Appeals 37 Size of panels 42 hearing cases Cases and 42 judgments Supreme Court Annual Report 2017–2018 5 six seven eight nine annex PERFORMANCE PERFORMANCE ACCOUNTABILITY FINANCIAL REPORT: REPORT: REPORT STATEMENTS CORPORATE MANAGEMENT SERVICES COMMENTARY Our people 61 Management 68 Statement of 74 Statement of 98 Jurisdictions 114 Our information 64 commentary Accounting Comprehensive where the and resources, Oficer's Net Expenditure JCPC is the and how we Responsibilities Statement of 99 final Court manage them Governance 74 Financial Position of Appeal The Supreme 66 Statement Statement of 100 Court building Remuneration 81 Cash Flows Dealing with 67 and Staf Report Statement 101 complaints Parliamentary 89 of Changes in Accountability Taxpayers’ Equity and Audit Report Notes to the 102 Certifcate and 92 Departmental Report of the Resource Comptroller and Accounts Auditor General to the Houses of Parliament Supreme Court Annual Report 2017–2018 6 Foreword BY THE PRESIDENT OF THE SUPREME COURT LADY HALE It was a great honour to be appointed We worked for the whole of the legal year the frst woman President of the Supreme 2016/17 with a vacancy, following the Court in September 2017. I am the longest retirement of Lord Toulson in the summer serving member of the court, having been of 2016. It is a tribute to the diligence and appointed to the Appellate Committee hard work of the Justices that we were of the House of Lords, predecessor to the able to function for so long on a reduced Supreme Court, in 2004. During my time I complement. Lord Toulson was a great have seen many changes. It was a privilege help to us in remaining on top of the to be involved in developing the design of workload, by sitting as a retired Justice the building in which the Supreme Court on the Supplementary Panel, not only and the Judicial Committee of the Privy on appeals but also on the panels deciding Council now sit and to contribute to the applications for permission to appeal. It evolution of our working practices here. was a great shock, and a deep sorrow, that It was a very proud moment when I was Lord Toulson died very suddenly in June sworn in as President and I am deeply 2017. Our sympathies remain with Lady grateful to those who have placed such Toulson, and with all his family and friends. confdence in me. The summer of 2017 also saw the I should like to play tribute to my retirement of Lord Clarke, the frst of the predecessor, David Neuberger, Lord new Justices to join the Court when it was Neuberger of Abbotsbury. His intellectual established in 2009. There was a packed eminence and many contributions to the courtroom and many warm words at the law and to the judiciary are well known. joint valedictory held for Lord Neuberger What may be less well known outside the and Lord Clarke on 28 July. We wish them building is the supportive and collegiate both long life and happiness in the next atmosphere that he engendered within phase of their impressive careers. the Court, encouraging as much agreement as possible while respecting the judicial There was another packed courtroom independence of each individual Justice. on 2 October 2017, the frst day of the new His leadership within the building was also legal year, when fve people were sworn in – exemplary, never better demonstrated than myself as President, Lord Mance as Deputy during the historic hearing on Article 50 of President and three new Justices. We were the Treaty of Lisbon. If I leave the Court in delighted to welcome Lady Black, Lord as happy a place as he left it, I shall count Lloyd-Jones and Lord Briggs to the Bench my time here a success. of the Supreme Court. It was a particular pleasure for me to welcome Lady Black, as This has been a busy year for the Court, the second woman appointed to the Court. with judgments given in 78 appeals Lord Lloyd-Jones is the frst Welsh person between 1 April 2017 and 31 March 2018. to be appointed a Justice and to take the Judicial Oath in Welsh as well as English. Supreme Court Annual Report 2017–2018 7 Lord Neuberger also took the historic decision that we should sit outside London for the very first time. In June 2017, we spent four days in Edinburgh, sitting in the City Hall and hearing three cases. We are very grateful for the warmth of the welcome that we received from the city, from the judiciary, from the legal professions, and from the people of Scotland. As I write this foreword, we are preparing for our second sitting outside London, this time in Belfast, and we propose to follow it by sitting in Cardiff in 2019. We are very conscious that we are the Supreme Court for the whole United Kingdom and must not appear to be trapped in a London ‘bubble’. We welcome a large number of visitors to the Court – members of the legal professions, people working in legal systems abroad, students from schools, colleges and universities, tour groups, and members of the general public, all of whom are welcome to drop in at any time when the building is open. In addition, we have more formal exchanges with Supreme and Constitutional Courts of other countries and with International Courts. This, along with the live-streaming of our hearings and the many outreach activities of the Justices and our staff, are an important part of promoting an understanding of our work and of the legal system generally and of the vital part it plays in the Constitution of the United Kingdom. Supreme Court Annual Report 2017–2018 8 Introduction BY THE CHIEF EXECUTIVE MARK ORMEROD The President has referred to the change who provided the livestreaming and came of President, Deputy President and Justices across from the Scottish courts service to during the year. We have also had changes help us. to senior staf, with the departure of our Director of Finance, Femi Oguntunde We have continued to support video and our Director of Communications, hearings in Privy Council cases, though Ben Wilson. Both Femi and Ben played a we are still developing this service so that very signifcant role in the development it meets the needs of all concerned. One of and administration of the Court and had the hearings, although adequate, was not been loyal and hardworking heads of their of the technical standard to which we aspire. particular units for a considerable number We shall be working during the coming of years. We wish them well for the future. year to improve that service, which has the prospect of signifcant fnancial benefts to In line with our settlement over this parties with cases suitable for video link, spending review period, the Court usually short hearings or applications.