UCL JI UK SUPREME COURT and JCPC PROJECT In 2011 the UCL Judicial Institute established a new research programme on the UK Supreme Court and Judicial Committee of the Privy Council. Its starting point is a detailed, large-­‐scale database of all UK Supreme Court and JCPC decisions since the establishment of the UK Supreme Court in 2009. This forms the basis of research aimed at establishing an understanding of the work of the UK Supreme Court as it develops, including the role of UK Supreme Court Justices as the core membership of the Judicial Committee of the Privy Council. The aim of the UCL JI Project is not to reduce the work of the Court only to a statistical analysis of decisions. Instead the aim is to use empirical analysis of decisions as the basis for a more detailed contextual analysis of the work of the Court. The UCL UK Supreme Court and JCPC Project will grow with the Court’s and Committee’s outputs, and provide the material for a continuing longitudinal study of the UK Supreme Court as it develops over time. What types of cases does the UKSC hear? • The majority of cases are appeals from England and Wales. • The majority of cases are appealed from Civil Courts. • It is often assumed that human rights issues are predominant in all UKSC cases. Our analysis shows that this is not the reality. Types of cases heard by UKSC Years 1 -­‐ 3 (n = 172) 9% 38% 53% Civil Public Criminal Jurisdiction of cases heard by the UKSC Years 1 -­‐ 3 Nb. 172 cases. 173 results as 1 case joined appeals for NI & EW 85% 85% 72% Year 1 (n = 55) Year 2 (n = 61) 28% Year 3 (n = 57) 13% 11% 4% 2% 0% Scotland England and Wales Northern Ireland Type of Court appealed from Years 1 -­‐ 3 (n = 172) 86% 87% 84% Year 1 (n = 55) Year 2 (n = 60) Year 3 (n = 57) 9% 10% 11% 5% 3% 5% Civil Criminal Admin ECHR issues in UKSC cases Years 1 -­‐ 3 (n = 172) 31% 69% Year 1 (n = 55) ECHR issue 20% 80% Year 2 (n = 60) No ECHR issue Year 3 (n = 57) 33% 67% What types of cases does the JCPC hear? • Over half of the cases are Civil cases. • Of the criminal cases, the greatest proportion are concerned with jury directions. • A quarter of civil cases concern civil procedure. Types of cases heard by JCPC 2009-­‐12 (n = 127) 10% Civil 29% Criminal 61% Public Main legal issues in criminal appeals to the JCPC 2009 -­‐ 2012 (n = 36) Extension of time 3% Legal representation 3% Trial procedure 6% Permission to appeal 6% Evidence Jury directions 6% 44% Jury fairness 5% Sentencing 19% Interpretation of law 8% Conalict of laws 1% Finance Extradition 4% 3% Tax 6% Company 7% Contract 7% Trusts Tort 5% Land 5% 14% Discrimination 5% Areas of law in JCPC civil cases 2009 -­‐ 12 (n = 77) Civil procedure 25% Employment 18% Who hears the cases? • The majority of panels for UKSC and JCPC cases have 5 Justices sitting. Panel Size UKSC Years 1 -­‐ 3 (n = 172) 78% 67% 73% Year 1 Year 2 23% 16% 20% 5% 2% 3 5 7 Panel Size JCPC 2009-­‐11 (n = 127) 90% 1% 3 member (n = 11) 5 member (n = 115) 7 member (n = 2) Year 3 2% 9 Panel Size 9% 13% Who is intervening in UKSC cases? • Government and NGOs are the most common interveners. Cases with interveners Years 1 -­‐ 3 (n = 172) 38% 62% Interveners No interveners Type of interveners Years 1 -­‐ 3 (n = 107) 11% Government 6% 4% 35% NGO Statutory Board Individual 44% Company What are the outcomes of appeals in the UKSC? • Appeals are allowed and dismissed in similar proportions. • The majority of judgments are unanimous. Outcome of appeals Years 1 -­‐ 3 (n = 172) Year 1 (n = 55) 51% 42% 2% 5% Allowed Dismissed Year 2 (n = 60) 45% 45% 5% 5% Allowed & Dismissed Referred Year 3 (n=57) 35% 54% 7% 4% Type of judgment Years 1 -­‐ 3 (n=172) 1% 5% 5% Majority and Unanimous 77% Unanimous 74% 78% Majority 27% 21% 16% Year 1 (n = 55) Year 2 (n= 60) Year 3 (n = 57)