The Supreme Court has handed down judgment in R (Jwanczuk) v Secretary of State for Work and Pensions [2025] UKSC 42. The challenge was brought to an Act of Parliament under Article 14 read with Article 8 and/or A1P1 of the Convention. The judgment contains important guidance on a number of issues.
First, it considers the constitutional question as to the proper approach of senior courts (Court of Appeal and High Court) in England and Wales to decisions of higher courts in Scotland and Northern Ireland. In this case there had been a decision of the Northern Ireland Court of Appeal in O’Donnell v Department for Communities [2020] NICA 36; [2021] NI 490, which had found that the equivalent Northern Irish provisions were in breach of Article 14 (read with A1P1 and Article 8) of the Convention, and the Courts below had considered that they should only depart from that decision if it was clearly wrong, and in exceptional circumstances. The Supreme Court held that in this case the Court of Appeal was wrong in its approach.
The Court them, considered the grounds of appeal in relation to “other status” and justification. The Court ultimately concluded that while there were limits on the concept of “other status” the Claimant’s status here was sufficiently certain.
As to justification the Court held that the policy was justified applying the standard test set out in Bank Mellat and importantly holding that in cases of this nature a wide margin of appreciation applied as this was an exercise of political judgement, and the courts should be very slow to substitute their own view for that of Parliament.
Finally, the Court also gives some further obiter comments on the interpretative obligation under s.3 of the Human Rights Act 1998, where the Courts are asked to interpret the provision such as to allow for an exception to a general rule.
Zoe Gannon acted for the Secretary of State for Work and Pension who was successful in the appeal. In the Supreme Court she was led by Sir James Eadie KC. In the High Court and Court of Appeal she was led by Clive Sheldon KC (now Mr Justice Sheldon).
You can read the full judgment here.
