Opinion of Lord Carloway, The Lord President in the reclaiming motion by Joanna Cherry QC MP and Others v The Advocate General

Core Citations

CONSIDERS

• Somerville and Others v Scottish Ministers (HM Advocate General for Scotland intervening)
• Burmah Oil Company (Burma Trading) Ltd v Lord Advocate
• Corporation of City of Glasgow v Central Land Board

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• Anderson v Hunter
• Beggs v Scottish Ministers
• R (Wheeler) v Office of the Prime Minister
• R Ciaran McClean v First Secretary of State
• Lord Gray's Motion

REFERS TO

• R (on the application of Sandiford) v The Secretary of State for Foreign and Commonwealth Affairs
• A, X and Y and Others and Secretary of State for the Home Department
• Pham v Secretary of State for the Home Department

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• R (Jackson) v Attorney General
• R (on the application of Barclay) v Secretary of State for Justice (Attorney General of Jersey and the States of Guernsey intervening)
• Robinson v Secretary of State for Northern Ireland
• R (Morgan Grenfell & Company Ltd) v Special Commissioner of Income Tax
• Council of Civil Service Unions v Minister for the Civil Service
• R v Secretary of State for the Home Department, ex parte Fire Brigades Union
• R v Ministry of Defence, ex parte Smith
• R v Secretary of State for the Home Department, ex parte Bentley
• Pepper (Inspector of Taxes) v Hart
• R v Secretary of State for Foreign and Commonwealth Affairs, ex parte Everett
• Teh Cheng Poh alias Char Meh v Public Prosecutor, Malaysia
• Belize Alliance of Conservation Non-Governmental Organisations v Department of the Environment of Belize and another
• Porter v Magill
• Adegbenro v Akintola
• Attorney General v De Keyser's Royal Hotel
• ADAMS v GUARDIAN Newspapers Ltd
• Admiralty v Blair's Trustee
• Macleod v Justices of Peace of Lewis
• Gibson v Lord Advocate
• Edwards v Cruickshank
• R (Quark Fishing Ltd) v Secretary of State for Foreign and Commonwealth Affairs (No 1)
• R (I and Others) v Secretary of State for the Home Department
• Scottish Lion Insurance Company Ltd v Goodrich Corporation and Others [Court of Session Inner House Extra Division]
• R (Guardian News and Media Ltd) v City of Westminster Magistrates' Court and another (Article 19 intervening)
• R (Das) v Secretary of State for the Home Department (Mind and another intervening)
• Petition Of George Mcgeoch For Judicial Review
• British Broadcasting Corporation (in the case of HM Advocate v Kimberley Mary Hainey)
• Coulson v HM Advocate
• R (Black) v Secretary of State for Justice
• R (Miller and Another) v Secretary of State for Exiting the European Union; Re McCord's application
• Wightman v Secretary of State for Exiting the European Union

CONSIDERS

• European Communities Act 1972
• Civil Contingencies Act 2004 - Articles : S-28
• Human Rights Act 1998

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• Reserve Forces Act 1996 - Articles : S-52
• European Communities Act 1972
• Parliament Act 1949
• Parliament Act 1911
• Prorogation Act 1867 - Articles : S-1
• Crown Suits (Scotland) Act 1857
• Meeting of Parliament Act 1797
• Meeting of Parliament Act 1694
• Fixed-term Parliaments Act 2011
• European Union (Notification of Withdrawal) Act 2017
• European Union (Withdrawal) Act 2018
• European Union (Notification of Withdrawal) Act 2017 - Articles : S-1
• Meeting of Parliament Act 1797
• Meeting of Parliament Act 1694
• Fixed-term Parliaments Act 2011
• Human Rights Act 1998
• European Union (Notification of Withdrawal) Act 2017
• Crown Suits (Scotland) Act 1857
• Parliament Act 1949
• Parliament Act 1911

RESUELVE RECURSO

• R Gina Miller v The Prime Minister

REPORTED OPINION OF in

• [2020] SC 37
• [16/09/2019] TLR 1

REFERRED in

• Mr Charles Ayeh-Kumi v The Lord Chancellor and Secretary of State for Justice

APPEAL RESOLVED in

• R (on the application of Miller) v The Prime Minister ; Cherry and Others v Advocate General for Scotland

AFFIRMED in

• R (on the application of Miller) v The Prime Minister ; Cherry and Others v Advocate General for Scotland

This document cites

• R (Black) v Secretary of State for Justice
• R (Wheeler) v Office of the Prime Minister
• Corporation of City of Glasgow v Central Land Board
• R v Ministry of Defence, ex parte Smith
• R (Morgan Grenfell & Company Ltd) v Special Commissioner of Income Tax



See all quotations

• R Ciaran McClean v First Secretary of State
• Burmah Oil Company (Burma Trading) Ltd v Lord Advocate
• Porter v Magill
• Council of Civil Service Unions v Minister for the Civil Service
• Pepper (Inspector of Taxes) v Hart
• R (Miller and Another) v Secretary of State for Exiting the European Union; Re McCord's application
• R v Secretary of State for the Home Department, ex parte Fire Brigades Union
• R v Secretary of State for Foreign and Commonwealth Affairs, ex parte Everett
• R (I and Others) v Secretary of State for the Home Department
• R (Quark Fishing Ltd) v Secretary of State for Foreign and Commonwealth Affairs (No 1)
• Robinson v Secretary of State for Northern Ireland
• R v Secretary of State for the Home Department, ex parte Bentley
• R (Guardian News and Media Ltd) v City of Westminster Magistrates' Court and another (Article 19 intervening)
• Beggs v Scottish Ministers
• Belize Alliance of Conservation Non-Governmental Organisations v Department of the Environment of Belize and another
• Coulson v HM Advocate
• Petition Of George Mcgeoch For Judicial Review
• Scottish Lion Insurance Company Ltd v Goodrich Corporation and Others [Court of Session Inner House Extra Division]
• Attorney General v De Keyser's Royal Hotel
• ADAMS v GUARDIAN Newspapers Ltd
• Anderson v Hunter
• Macleod v Justices of Peace of Lewis
• Adegbenro v Akintola
• Wightman v Secretary of State for Exiting the European Union
• R (Das) v Secretary of State for the Home Department (Mind and another intervening)
• Teh Cheng Poh alias Char Meh v Public Prosecutor, Malaysia
• Lord Gray's Motion
• British Broadcasting Corporation (in the case of HM Advocate v Kimberley Mary Hainey)
• Gibson v Lord Advocate
• The King against Wilde