The Supreme Court Annual Report and Accounts 2018–2019 HC 2194 1 The Supreme Court Annual Report and Accounts 2018–2019 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 6 June 2019. HC 2194 Supreme Court Annual Report 2018–2019 2 © Crown Copyright 2019 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 identified any third party copyright information you will need to obtain permission from the copyright holders concerned. 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Front cover image: © design102 / UKSC / Kevin Leighton Supreme Court Annual Report 2018–2019 3 Contents Foreword 4 Introduction 5 one four six Judicial appointments 8 External relations 54 External scrutiny 98 Maintaining effective relationships with all jurisdictions in the United Kingdom 55 two Enhancing relationships seven with jurisdictions which Overview: our performance 12 use the JCPC and other Financial statements 104 internationaljurisdictions 55 About us: who we are and Notes to the Departmental what we do 13 Engaging with professional users 60 Resource Accounts 110 Performance: progress against Welcoming visitors, educating our 2018-19 key objectives 19 and inspiring 60 Our vision and priorities Promoting the UKSC through for 2019-20 25 the media and online 62 annex Our performance against Jurisdictions where the JCPC other required reporting 28 is the final Court of Appeal 121 five Controls, governance three and accountability report 64 Jurisdiction and casework 36 Statement of Accounting Officer’s Responsibilities 65 The Supreme Court of the United Kingdom 37 Governance Statement by the Chief Executive 65 The Governance Framework of the UKSC 71 Remuneration and Staff Report 84 Parliamentary Accountability and Audit Report 93 Supreme Court Annual Report 2018–2019 4 Foreword BY THE PRESIDENT OF THE SUPREME COURT THE RT HON THE BARONESS HALE OF RICHMOND DBE In February 2019 we were honoured to can expect an interesting time in the Court receive a visit from TRH The Prince of Wales over the coming years. and The Duchess of Cornwall, at the start of the year in which we celebrate our tenth I was delighted to lead the Court at our first anniversary. It was a very happy occasion. sitting in Belfast in April 2018. We were very Their Royal Highnesses met and spoke with generously accommodated for the hearings everyone who works in the building and saw in the Library of the Inn of Court, in the Royal our three courtrooms and splendid library. Courts of Justice, and heard two important The visit gave a real boost to our morale and high-profile cases and also judged and we are very grateful. a moot between Queen’s University and Ulster University. Lady Black and I addressed In my foreword last year I paid tribute to a meeting of women lawyers in the three departing justices, and this year has Government Legal Service. The justices were seen another three reach the statutory also able to meet the Deputy Lord Mayor, retirement age and leave us. Lord Mance, members of the Bar and the Law Society latterly Deputy President of the Court, served and the local judiciary. The judicial assistants in the Appellate Committee of the House (JAs) who came with us gave a talk to those of Lords from 2005 before transferring to interested in applying for the role. the Supreme Court of the United Kingdom (UKSC) when it was established in 2009. It has been a busy year again, with Lord Sumption and Lord Hughes were 64 judgments in the UKSC (disposing of appointed to the UKSC in 2012 and 2013 76 appeals) and 40 in the Judicial Committee respectively. Later in this report are excerpts of the Privy Council (JCPC) (disposing of 50 from my valedictory remarks to each of appeals). I am very grateful for the support them on their retirement, but it would be of my colleagues and the staff of the Court wrong not to open this foreword without who work so hard to ensure that we continue mentioning them, and in particular Lord to deliver a high level of service to the public Mance who has served with such distinction and to the profession. at the highest level of the judiciary in the United Kingdom over so many years, and The changing of the guard has not yet represented us so ably on the international stopped, and this will be my last foreword stage. I was delighted that his career before I retire in January 2020, followed culminated in his appointment as Deputy by Lord Carnwath in March 2020 and Lord President and am grateful to him for his Wilson in May 2020. It is a remarkable support to me in that role. fact that nine out of the 12 justices will have retired between 2017 and 2020, but Three departures have meant three arrivals I know that the strong collegiality of the and we were very pleased to welcome Lady Court and its commitment to professional Arden – the third woman to be appointed excellence will stand it in good stead over to the Court – Lord Kitchin and Lord Sales. this challenging period. They each bring different areas of expertise and qualities to the bench of the Court and Supreme Court Annual Report 2018–2019 5 Introduction BY THE CHIEF EXECUTIVE MARK ORMEROD I am pleased to present my fourth annual During the year we launched a new initiative report, prepared in order to meet the to bring the work of the justices closer to obligation placed upon the holder of my schools and colleges. We welcome a large office by section 54 of the Constitutional number of educational establishments Reform Act 2005. during the year, but obviously it is easier for those closer to London or with the The President has referred to changes necessary resources to visit us. We now have of Deputy President and justices. There a programme of ‘Ask a justice’ in which have also been changes in senior staff, schools can request a video conversation with the Director of Corporate Services, with a justice and this allows us to have William Arnold, retiring and the Head of face-to-face contact with schools across the Communications, Sophia Linehan-Biggs, United Kingdom. It has proved very popular taking maternity leave. William had been and successful. We have also improved the with the UKSC since its opening in 2009, video facility for hearings in the JCPC. effectively filling a Deputy Chief Executive role to my predecessor Jenny Rowe and We have also launched a project to to me. William brought considerable revise our website, principally to allow experience from a long career in the civil case papers and payment of fees to be service to his work as Director of Corporate lodged electronically but also to take the Services and was instrumental in many of opportunity to refresh the presentation and the decisions necessary to ensure the proper links between the wealth of information functioning of the support services and the provided, as well as to see whether more protection of the Court’s independence. I information about the arguments in the wish him a long and happy retirement. cases themselves could be provided. The Court continues to work under Following the successful sitting of the increasing financial pressure, following Court in Edinburgh and Belfast, we are now the result of the Spending Review in 2015 working on the Court sitting in Cardiff in which required us to absorb rising salary July 2019. These sittings out of London and other costs in a budget that has not have proved popular and, although they increased materially since the early days of present a number of administrative and the Court’s existence, in 2009-10. We have logistical challenges, we are becoming more embraced this requirement for increased practised in their delivery and look forward efficiency and have acquitted ourselves to increasing the amount we can show of well. I am proud that the administration the Court’s work when in Wales, to provide of the Court continues, against this tight the best value for money we can. financial background, to provide a high- quality service to justices, litigants, their representatives and members of the public. Supreme Court Annual Report 2018–2019 6 TRH The Prince of Wales and The Duchess of Cornwall met the justices and members of staff of the UKSC in February. Supreme Court Annual Report 2018–2019 7 Supreme Court Annual Report 2018–2019 8 Section Judicial appointments one Supreme Court Annual Report 2018–2019 9 Section one Judicial appointments Judicial appointments Lord Mance retired as Deputy President in June 2018, Lord Hughes retired in August 2018 and Lord Sumption in December 2018. Lord Hughes and Lord Sumption have been appointed to the Court’s Supplementary Panel, which is open to those under 75 years old.