Supreme Court judgments 2009

Date	Case	Cited by
16 Dec 2009	Ahmed Mahad (previously referred to as AM) v Entry Clearance Officer [2009] UKSC 16 The family-reunification maintenance conditions in Part 8 of the Statement of Changes in Immigration Rules (HC 395) permit reliable financial support from…	117
16 Dec 2009	R (on the application of E) v The Governing Body of JFS and the Admissions Appeal Panel of JFS and others [2009] UKSC 15 Less favourable treatment is direct discrimination where the factual criterion determining the decision is inherently based on a protected characteristic. The…	67
14 Dec 2009	S-B (Children) [2009] UKSC 17 In care proceedings, the identity of a person who harmed a child is determined on the simple balance of probabilities. The gravity of the allegation does not…	90
9 Dec 2009	R v Horncastle and others (on appeal from the Court of Appeal Criminal Division) [2009] UKSC 14 Articles 6(1) and 6(3)(d) of the European Convention on Human Rights do not impose an inflexible rule that a conviction is unfair whenever it rests solely or…	29
9 Dec 2009	Barratt Homes Limited v Dwr Cymru Cyfyngedig [2009] UKSC 13 A property owner’s statutory right to connect a private drain or sewer to a public sewer is subject only to the restrictions specified by the Water Industry…	4
9 Dec 2009	R (on the application of A) v B [2009] UKSC 12 A free-standing claim under section 7(1)(a) of the Human Rights Act 1998 against an intelligence service must be brought in the Investigatory Powers Tribunal.…	15
1 Dec 2009	R (on the application of Barclay and others) v Secretary of State for Justice and others [2009] UKSC 9 Article 3 of the First Protocol requires electoral arrangements to be assessed as a whole, in their historical and political context. A state enjoys a wide…	7
1 Dec 2009	Secretary of State for Environment, Food, and Rural Affairs v Meier and another [2009] UKSC 11 An action for recovery of land cannot be used to forestall occupation of wholly separate land. A possession order may cover a single property where trespassers…	28
1 Dec 2009	I (A Child) [2009] UKSC 10 Article 12 of Council Regulation (EC) No 2201/2003 may confer jurisdiction over parental responsibility even where the child is habitually resident outside the…	34
26 Nov 2009	R (on the application of A) v London Borough of Croydon and one other action [2009] UKSC 8 Whether a person is a child for the purposes of section 20(1) of the Children Act 1989 depends objectively upon whether that person is under 18. A local…	131
26 Nov 2009	BA (Nigeria) (FC) v Secretary of State for the Home Department and others [2009] UKSC 7 A second or subsequent asylum or human rights claim engages the in-country appeal right under section 92(4)(a) of the Nationality, Immigration and Asylum Act…	29
25 Nov 2009	The Office of Fair Trading v Abbey National plc and others [2009] UKSC 6 Where a consumer contract uses plain, intelligible language, every monetary payment forming part of the price or remuneration for the contractual package falls…	5
19 Nov 2009	In re B (A Child) (2009) [2009] UKSC 5 In private law proceedings concerning a child’s residence or contact, the child’s welfare is the paramount and overriding consideration. Biological parenthood…	15
19 Nov 2009	Louca v A German Judicial Authority [2009] UKSC 4 A European arrest warrant must identify the domestic judgment, arrest warrant or other enforceable judicial decision on which it is based. The requirement in…	10
29 Oct 2009	R (on the application of L) v Commissioner of Police of the Metropolis [2009] UKSC 3 Disclosure of police-held information in an enhanced criminal record certificate will ordinarily fall within article 8 because it affects private life…	52
29 Oct 2009	In Re Sigma Finance Corporation (in administrative receivership) and In Re The Insolvency Act 1986 [2009] UKSC 2 A commercial instrument must be construed as a whole, in the light of the commercial purpose disclosed by its terms and the nature of the relevant business. A…	99
14 Oct 2009	R (on the application of E) v Governing Body of JFS and the Admissions Appeal Panel of JFS and others [2009] UKSC 1 Where the Legal Services Commission funds a litigant who succeeds, its decision ordinarily provides something close to an assurance of continued support for an…	16