The Supreme Court of the United Kingdom

The Supreme Court of the United Kingdom Clear and simple legal facts you can actually use in daily life. We explain the law — so you don’t get tricked by it. ⚖️

20/09/2025

What is the proper approach to the public interest balancing exercise required by section 35 of the Freedom of Information Act (“the FOIA”) where an applicant has requested disclosure of information from a public authority and the public authority considers there to be an applicable exemption?
When section 35 FOIA is engaged, the proper approach is to (1) establish whether the exemption applies; (2) then conduct a structured public interest balancing test under s.2(2)(b), weighing the case for openness against the need to protect the public interest served by confidentiality in government policy-making, with particular regard to context and timing. Disclosure is the default unless the exemption’s interests clearly outweigh it.

14/09/2025

Do the courts of England and Wales have jurisdiction to determine disputes as to what licence terms are fair, reasonable and non-discriminatory at the request of an implementor rather than a patent owner, where the licence is offered by an intermediary as part of a pool or platform of patents?

Courts in England and Wales do have jurisdiction to determine disputes concerning the fairness of patent licence terms under the Patents Act 1977 (notably section 46 on “licences of right”).

🔹 Who can apply?

A licensee (the person holding the licence) may apply to the court or to the Comptroller (UKIPO) for the settlement or adjustment of licence terms if they are considered unfair.

The patent proprietor (the owner) can also be a party.

However, an enforcer (someone merely enforcing rights on behalf of the owner) does not have an independent right to apply, unless they are also the licensee or assignee under the licence.

Conclusion:
The courts of England and Wales do have jurisdiction, but the right to request fair licence terms lies with the licensee or the patent owner — not with an enforcer acting alone.

14/09/2025

Does the Minister of Health for Northern Ireland have the power to revise the Deprivation of Liberty Safeguards Code of Practice (“the Code”) so that persons aged 16 and over who lack capacity to make decisions about their care and treatment can give valid consent to their confinement through the expression of their wishes and feelings?

The Minister of Health for Northern Ireland cannot revise the Code so as to say that 16+ persons who lack capacity can give valid consent through expressing wishes/feelings.

Doing so would contradict the primary legislation and the UK’s obligations under the ECHR.

Any such change would require primary legislation by the Northern Ireland Assembly (or Westminster, in default), not simply ministerial revision of the Code.

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