- Cited — Secretary of State for Work and Pensions v AT 2023-11-08
“… law passed into domestic law was section 2 European Communities Act 1972 (“ECA 1972”): see e.g. R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5 at paragraph [65]. This was repealed with effect from 1st February 2020 by section 1 EU(W)A 2018 which, as is well known, created a system whereby “retained EU…”
- Cited — Friends of the Earth Limited, R (on the application of) v The Secretary of State for International Trade/UK Export Finance (UKEF) & Anor 2023-01-13
“…rade and Industry [1990] 2 AC 418 at pages 499-501 (often referred to as the Tin Council case), R (Miller) v. Secretary of State for Exiting the European Union [2017] UKSC 5, [2018] AC 61 at [55] (often referred to as Miller (1)), and R (SC) v. Secretary of State for Work and Pensions [2021] UKSC 26, [2022] AC 223 at [74]-[91] (SC)…”
- Cited — Heathrow Airport Ltd & Ors v Her Majesty's Treasury (Rev 1) 2021-05-21
“…nt of Trade and Industry [1990] 2 AC 418 at pages [499]-[500] (per Lord Oliver) (“Tin Council”); R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5 paragraph [55] (“Miller I”); and, R (on the application of Friends of the Earth Ltd and others) v Heathrow Airport Ltd[2020] UKSC 52 at paragraph [108].…”
- Cited — "Maduro Board" of the Central Bank of Venezuela v "Guaido Board" of the Central Bank of Venezuela 2020-10-05
“…se a foreign head of state is based on the Crown’s prerogative power to conduct foreign affairs (R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5, [2018] AC 61 at [54]).…”
- Cited — Irish Bank Resolution Corporation Ltd v Revenue And Customs 2020-08-28
“…urn v Sunderland City Council [2002] EWHC 195 (Admin); [2003] QB 151, at [62]-[63] (Laws LJ) and R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5; [2018] AC 61, at [67].…”
- Cited — Hoareau & Anor, R (On the Application Of) v The Secretary of State for Foreign And Commonwealth Affairs 2020-07-30
“…(Mincing Lane) Ltd v Department of Trade and Industry [1990] 2 AC 418, 499-500 (Lord Oliver) and R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5 [2017] 2 WLR 583. The common law is more receptive to the adoption of rules of customary international law because of the very demanding nature of the test to …”
- Cited — Shields-MckInley v The Secretary of State for Justice the Lord Chancellor & Anor 2019-11-14
“…refers further to para 63 of the majority judgment in R (Millerand another) v Secretary of State for Exiting the European Union (Birnie and others intervening) [2017] UKSC 5.…”
- Cited — SC & Ors, R (on the application of) v The Secretary of State for Work And Pensions & Ors 2019-04-16
“…al rights and obligations in UK law unless and until it is incorporated by legislation: see e.g. R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5; [2018] AC 61, paras 55-56. The provisions of the UNCRC therefore have no direct application in this case. But the claimants, supported by the Commission, argu…”
- Cited — Wilson & Ors , R (On the Application Of) v The Prime Minister 2019-03-04
“…en, on appeal by the Secretary of State, in the Supreme Court (R (Miller)v Secretary of State for Exiting the European Union ([2016] EWHC 2768 (Admin) affirmed [2017] UKSC 5; [2018] AC 61). Miller thus confirmed that Parliament retained control over the ultimate decision as to whether the UK left the EU.…”
- Cited — Micula & Ors v Romania (Rev 1) 2018-07-27
“…Pham v Secretary of State for the Home Department [2015] UKSC 19; [2015] 1 WLR 1591, [80], [90]; R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5; [2018] A.C. 61, [41]-[42]. Second, section 2(1) of the 1972 Act refers to rights, powers etc “created or arising by or under the Treaties”. It is ultimately f…”
- Cited — The Freedom And Justice Party & Ors, R (On the Application Of) v The Secretary of State for Foreign and Commonwealth Affairs & Anor (Rev 2) 2018-07-19
“…r (Mincing Lane) Ltd v Department of Trade and Industry [1990] 2 AC 418, 499500 (Lord Oliver)and R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5 [2017] 2 WLR 583. The common law is more receptive to the adoption of rules of customary international law because of the very demanding nature of the test to …”