To whom is the UK Supreme Court accountable?

Indigo made this Freedom of Information request to Supreme Court of the United Kingdom

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was refused by Supreme Court of the United Kingdom.

Dear Supreme Court of the United Kingdom

To whom is the UK Supreme Court accountable?

Yours faithfully

Rachel Mawhood

FOI, Supreme Court of the United Kingdom

Dear Rachel,

Thank you for your Freedom of Information request which we received on 20 November 2017. We will respond within 20 working days.

Kind regards,

Supreme Court of the United Kingdom
Parliament Square, London, SW1P 3BD
Tel: 020 7960 1900
www.supremecourt.uk
Follow us on Twitter @UKSupremeCourt

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FOI, Supreme Court of the United Kingdom

1 Attachment

Dear Ms Mawhood,

Thank you for your Freedom of Information request.

Please find our response attached.

Kind regards,

Rebecca Lowson
Information Officer
Supreme Court of the United Kingdom
Parliament Square, London, SW1P 3BD
Tel: 020 7960 1900
www.supremecourt.uk
Follow us on Twitter @UKSupremeCourt

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Mr William Arnold
Director of Corporate Services
UK Supreme Court
Parliament Square
LONDON
SW1P 3BD

Dear Mr Arnold

I respectfully request a review of Ms Rebecca Lowson's reply to my FOI request, for the following reasons:

1. The planning and governance information page to which Ms Lowson posted a link in her letter has only to do with management functions and individuals with no direct role in managing the judicial or non-judicial functions of the Court, so it is not the answer to my question.

2. Ms Lowson may have meant, instead, to post a link to

https://www.supremecourt.uk/about/the-su...

at the foot of which is stated

"References to the Court of Justice of the European Union

Like other final courts, the UKSC is, in the areas of European law in which the United Kingdom has accepted the jurisdiction of the Court of Justice of the European Union (CJEU), under the duty imposed by Article 267 of the Treaty on the Functioning of the European Union to ask the CJEU to give preliminary rulings concerning:

a. the interpretation of the Treaties; and
b. the validity and interpretation of acts of the institutions, bodies, offices or agencies of the Union;

where such a question is raised in proceedings before it and it considers that a decision on the question is necessary to enable it to give judgment.

Where an application for permission to appeal raises such a question, the UKSC does not, when considering whether in the light of that question to grant permission or to make a reference to the CJEU, apply a test of whether the question is of general public importance."

3. Please confirm that that (above) means that a British citizen can apply direct to the CJEU for an Order of certiorari to re-examine a decision of the UKSC because it is wrong in law and because of errors in the admission and exclusion of evidence (eg in EWCA Civ 17 [2012] UKSC 52 [2014]). See:

https://www.whatdotheyknow.com/request/s...

https://www.asktheeu.org/en/request/uk_s...

Thank you.

Yours sincerely
Rachel Mawhood

William Arnold, Supreme Court of the United Kingdom

2 Attachments

Dear Ms Mawhood

Thank you for your email of 14 December clarifying your FOI request of 20 November to which Ms Lowson replied on 13 December.

It is clear from paragraph 3 of this clarified FOI request that you are not asking for the release of recorded information held by the Supreme Court, but for legal advice / opinion on the meaning and application of what the Supreme Court has put on its website about references to the Court of Justice of the European Union (as set out in paragraph two of your clarified email below).

Legal advice and opinion is not available under the FOI regime; and the Justices and staff of the Supreme Court are not in any event allowed to provide it. First, therefore, this is not a valid FOI request; and, secondly, you will need to seek legal advice from a solicitor or citizens advice bureau to obtain an answer to your question about the jurisdiction of the CJEU.

William Arnold

Director of Corporate Services

The Supreme Court of the United Kingdom
Parliament Square
London SW1P 3BD

[email address]

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