R (on the application of Unison) v Lord Chancellor
| Jurisdiction | England & Wales |
| Judge | Lord Reed,Lord Neuberger,Lord Mance,Lord Kerr,Lord Wilson,Lord Hughes,Lady Hale |
| Judgment Date | 26 July 2017 |
| Neutral Citation | [2017] UKSC 51 |
| Date | 26 July 2017 |
| Court | Supreme Court |
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222 cases
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R (on the application of BF (Eritrea)) v Secretary of State for the Home Department
...was not affected (paras 62 – 67). (5) The Court of Appeal erred in thinking that R (on the application of UNISON) v Lord Chancellor[2017] UKSC 51 supported its approach in testing the lawfulness of Criterion C. UNISON was concerned with the lawfulness of policy or delegated legislation whic......
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Boris Mints v PJSC National Bank Trust
...a purpose which finishes in a judgment as made clear in later cases including R (UNISON) v Lord Chancellor (Nos 1 and 2) (“ UNISON”) [2017] UKSC 51; [2020] AC 869. The judge said at [108] that this conclusion was in line with the Article 6 authorities which are more explicit such as Kutic......
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Roger Kearney v The Chief Constable of Hampshire Police
...and ss.3 and/or 6 of the Human Rights Act 1998. Mr Rule relies on the judgment of the Supreme Court in R (UNISON) v Lord Chancellor [2017] UKSC 51, [2017] 3 WLR 409, especially at paragraphs 76–85, and submits the right of access to justice applies to appeal rights, particularly where a f......
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The King (on the Application of HL) v Secretary of State for Health and Social Care
...right of access to the courts, to legal advice, and to communicate confidentially with a legal adviser: R (UNISON) v Lord Chancellor [2017] 3 WLR 409, [66], [78], [81]. Any such access must be effective. It is sufficient if a real risk of prevention of access to justice is demonstrated. Th......
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12 firm's commentaries
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A v. SSHD: Supreme Court Decides The Standards For Judicial Review Of Public Policies
...to article 3 and not a principle of general application for the assessment of policies. The separate test of R (UNISON) v Lord Chancellor [2017] UKSC 51; [2020] AC 869, remains good law and is to be used in lieu of the tests in Refugee Legal Centre and R (S) v Director of Legal Aid Casework......
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A v. SSHD: Supreme Court Decides The Standards For Judicial Review Of Public Policies
...to article 3 and not a principle of general application for the assessment of policies. The separate test of R (UNISON) v Lord Chancellor [2017] UKSC 51; [2020] AC 869, remains good law and is to be used in lieu of the tests in Refugee Legal Centre and R (S) v Director of Legal Aid Casework......
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BF (Eritrea): Challenging The Lawfulness Of The Secretary Of State's Policy Guidance
...Counsel for BF relied on Gillick as well as R (UNISON) v Lord Chancellor (Equality and Human Rights Commission intervening) (Nos 1 and 2) [2017] UKSC 51 in submitting that the policy is unlawful, due to the risk of unlawful outcomes to which it gives rise. Reliance on authorities concerned ......
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BF (Eritrea): Challenging The Lawfulness Of The Secretary Of State's Policy Guidance
...Counsel for BF relied on Gillick as well as R (UNISON) v Lord Chancellor (Equality and Human Rights Commission intervening) (Nos 1 and 2) [2017] UKSC 51 in submitting that the policy is unlawful, due to the risk of unlawful outcomes to which it gives rise. Reliance on authorities concerned ......
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27 books & journal articles
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LOCALISING ADMINISTRATIVE LAW IN SINGAPORE
...supremacy in English cases. For a recent example of how the two constitutional principles interact see: R (Unison) v Lord Chancellor[2017] UKSC 51. 3 The system is formally based on the idea of constitutional supremacy. Article 4 of the Constitution of the Republic of Singapore (1999 Reprin......
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Oudekraal after Fifteen Years: The Second Act (or, A Reassessment of the Status and Force of Defective Administrative Decisions Pending Judicial Review)
...give it. This means that it was null and of no effect: see, if authority were needed, R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51, [2017] 4 All ER 903, [2017] 3 WLR 409 (para [119]). It led to the Order in Council which, being founded on unlawful advice, was likewise u......
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Terra incognita: Victim Participation Rights, Sexual Offending and Brexit
...Judiciary if there werea Written Constitution (HC 2013–14, 802) 16–17.110. Elliot, 2020, pp. 9-11.111. R (UNISON) v The Lord Chancellor [2017] UKSC 51, [2017] 3 WLR 409. The Supreme Court held that the secondarylegislation requiring people who wanted tobring claims in Employment Tribunals t......
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Terra incognita: Victim Participation Rights, Sexual Offending and Brexit
...Judiciary if there werea Written Constitution (HC 2013–14, 802) 16–17.110. Elliot, 2020, pp. 9-11.111. R (UNISON) v The Lord Chancellor [2017] UKSC 51, [2017] 3 WLR 409. The Supreme Court held that the secondarylegislation requiring people who wanted tobring claims in Employment Tribunals t......
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