The UK Supreme Court arrives in Scotland – Court to sit in Edinburgh for the first time
12 Monday Jun 2017
Emma Boffey, Lorraine Walkinshaw, CMS News Articles
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In a historic first, the UK Supreme Court will sit in Edinburgh this morning: this will be the first time the Court has sat outside of London.
The Court has been convened at Edinburgh City Chambers, located off the Royal Mile, in the heart of the Edinburgh Old Town. Public seating is available for 120 persons, on a first come, first served basis. In the usual way, live proceedings may also be watched online via the UK Supreme Court website. Three cases will be heard this week, all of which emanate from Scotland.
Today’s case – Sadovska and another v Secretary of State for the Home Department – concerns interventions to stop alleged ‘sham’ marriages. The question to be considered by the Court concerns who bears the evidential burden in respect of the making of removal orders and to what standard that burden requires to be discharged.
Tuesday’s case – Aberdeen City and Shire Strategic Development Planning Authority v Elsick Development Company Limited – concerns (i) the correct legal test for the validity of planning obligations; (ii) the extent to which planning authorities are obligated to comply with national policy when formulating their own supplementary guidance; and (iii) the extent of the supervisory jurisdiction of the courts when considering challenges to planning policies.
The final case to be heard in Scotland this week – Brown v The Scottish Ministers – will be heard over 1.5 days across Wednesday and Thursday. The Court will consider whether the implied ancillary duty in Article 5 ECHR to facilitate rehabilitation and release applies to recalled extended sentence prisoners.
You can follow this week’s proceedings from Edinburgh on the UK Supreme Court website live feed here.
