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12 January 2018 / Brice Dickson
Issue: 7776 / Categories: Features , In Court
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In the line of duty: a year in the Supreme Court

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The Supreme Court in 2017. Brice Dickson reviews the personnel, judgments & output

2017 was an eventful year for the UK Supreme Court. It began with 11 Justices in post, each deliberating on Gina Miller’s claim that Article 50 of the Treaty for European Union should be triggered by Parliament and not by government. They held in her favour by 8 to 3 ([2017] UKSC 5), affirming the decision of the Divisional Court. The year ended with three new Justices in post, plus a different President and Deputy President.

Lord Neuberger, the outgoing President, retired in September, four months short of his 70th birthday. Lord Clarke retired at the same time, eight months short of his 75th birthday. Lord Neuberger can sit as a member of the supplementary panel of retired judges until 2023. Lord Toulson retired in September 2016 but sat as a supplementary judge on six occasions in early 2017. He delivered the Court’s sole judgment in two cases. Sadly, while undergoing heart surgery in June,

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NEWS
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NLJ this week: Surrogacy children caught in succession gap
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
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Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
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A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
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A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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