Public and Administrative Law
R (Miller) v. Prime Minister; Cherry v. Advocate General for Scotland [2019] UKSC 60 (the “prorogation case”; whether the prorogation of the UK Parliament in 2019 was lawful)
UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill [2018] UKSC 64 (whether the Scottish Continuity Bill, providing for the continuing effect of EU law after withdrawal from the EU, was within the legislative competence of the Scottish Parliament)
R (Miller) v. Secretary of State for Exiting the European Union [2017] UKSC 33 (the “Article 50 case”; whether the UK Government could notify the EU of the UK’s decision to withdraw without the authority of an Act of Parliament)
Davies v. Care Commission [2011] UKSC 47 (transfer of statutory functions; interpretation of transitional provisions; drafting lacuna)
KP (Pakistan) v. Home Secretary [2012] CSIH 38, 70 (asylum; whether the enactment by Rule of Court of the second appeals test for appeals from the Upper Tribunal to the Inner House of the Court of Session was ultra vires)
Competition, EU and procurement
Scotch Whisky Association v. Lord Advocate [2017] UKSC 76 (whether legislation establishing a minimum unit pricing scheme for the sale of alcohol in Scotland was compatible with EU law)
Case C-335/13 Feakins v. Scottish Ministers (agricultural law; interpretation of Article 18(2) of Commission Regulation (EC) No. 795/2004 establishing the Single Payment Scheme; whether Article 18(2) was compatible with the EU law principle of equal treatment)
Sinclair Collis v. Lord Advocate [2013] SC 221 (whether legislation banning tobacco vending machines was compatible with EU law; for the significance of the analysis of the proportionality analysis advanced by James Wolffe and accepted by the court, see R (Lumsdon) v. Legal Services Board [2015] UKSC 41, paras. 75-82)
Cloburn Quarry Ltd v. Advocate General for Scotland [2013] CSOH 203 (State aid; whether aggregates levy was enforceable against the taxpayer when exemptions to the levy were subject to investigation by the Commission)
Civil liberties and human rights
Dean v. Lord Advocate (on behalf of Taiwan) [2017] UKSC 44 (the legal test to be applied under Article 3 ECHR where extradition is resisted on the basis of a risk that the accused will be the target of violence when imprisoned in the requesting territory)
A (Uganda) v. Home Secretary 2016 SC 776 (whether the exclusion of spouses of refugees from a Home Office policy to grant leave to remain to victims of domestic abuse was compatible with Articles 8 and 14 ECHR)
BH v. Lord Advocate [2012] UKSC 24 (the leading authority on the relevance of the Article 8 rights of an accused person’s children when considering whether the extradition of the accused would be compatible with Convention rights)
Salvesen v. Riddell [2013] UKSC 22 (whether a provision in an Act of the Scottish Parliament controlling the termination of agricultural tenancies was compatible with Article 1 of the First Protocol)
Ruddy v. Chief Constable of Strathclyde [2012] UKSC 57, 2014 SC 58 (the leading Scots law authority on the investigative obligations of the state under Article 3 ECHR in respect of alleged police assault)
Karl Construction Ltd v. Palisade Properties plc 2002 SC 270 (whether Scots law on provisional and protective measures was compatible with Article 1 of the First Protocol)
Commercial
Joint Administrators of Prestonpans (Trading) Ltd, Petitioners 2013 SLT 138 (applications under sections 242 and 243 Insolvency Act 1986; whether competent by way of petition)
Tor Corporate AS v. Sinopec Group Star Petroleum Ltd [2012] CSOH 112 (repudiation of management agreement of drilling rig; arbitration; scope of plea of competent and omitted)
Whyte & Mackay Ltd v Blyth & Blyth Consulting Engineers Ltd 2013 SLT 555 (whether enforcement of construction adjudicator’s award compatible with Convention rights)
BP Exploration Ltd v. Chevron (Transport) Scotland 2002 SC (HL) 19 (shipping; whether bareboat charterer “owner” for the purposes of section 74 Harbour Docks and Piers Clauses Act 1847; prescription and limitation)
Caledonia North Sea Ltd v. BT plc 2002 SC (HL) 117 (Piper Alpha disaster; indemnity claims; cause of explosion; application of doctrines of subrogation and contribution)