The Privy Council (PC) and the UK Supreme Court (SC) are both integral to the UK’s legal framework, but their distinct roles often lead to confusion about their purpose and jurisdiction. This article explores their histories, operations, and jurisdictions, and examines the relationship between these two judicial bodies.

Privy Council Background and History

The PC traces is origins back to the 13th century, where it served as an advisory body to the monarch. Over time, it evolved into a judicial institution, with its functions consolidated in the Judicial Committee of the Privy Council (JCPC) by the Judicial Committee Act 1833. The JCPC became the final appellate court for the vast British Empire.

Even after the Empire dissolved, the JCPC remained active as the highest appellate body for certain Commonwealth countries (such as Bahamas and Grenada), Crown dependencies (such as Isle of Man, Guernsey and Jersey), UK overseas territories (such as Gibraltar and Bermuda), and specialised tribunals (e.g. military tribunals). Its continued existence reflects its adaptability, and the enduring trust placed in it by these jurisdictions.

Supreme Court Background and History

The SC was established in 2009, replacing the House of Lords as the highest appellate court for all civil matters in the UK and all criminal except Scotland. This change aimed to separate the judiciary from the legislature, reinforcing the independence of the courts.

The SC is now the final arbiter on matters of constitutional, civil, within the UK, and criminal except Scotland. Its judgments are binding on all lower courts in the UK, marking it as the pinnacle of domestic judicial authority.

Appeals to the Privy Council:

The JCPC entertains appeals in three primary categories:

1. Commonwealth Countries and UK Overseas Territories:

It serves the final appellate court for independent Commonwealth nations, such as Jamaica and The Bahamas, as well as Crown dependencies like Jersey and UK overseas territories like Bermuda.

2. Ecclesiastical Courts:

The JCPC hears appeals related to the Church of England, such as disputes over church law and governance. A recent example is the appeal by the All Saints Spring Park Parochial Church Council v Church Commissioners [2024] UKPC 23,  which seems to be their first appeal of this nature.

3. Specialised Tribunals:

It adjudicates cases from professional and specialised tribunals where UK legislation grants jurisdiction. One recent example The Special Tribunal (Appellant) v The Estate Police Association (Respondent) (Trinidad and Tobago) [2024] UKPC 13, where the Appellant is a body responsible for determining disputes between estate constables and an employer, decided that it had not jurisdiction to hear and determine the dispute – these proceedings were for judicial review of that decision.

Appeals to the Supreme Court:

The SC hears appeals from courts across the UK on issues of general public importance. Its remit includes:

• Constitutional law.
• High-profile civil throughout the UK and criminal cases in England and Wales and in Northern Ireland.
• Interpretation of human rights under the Human Rights Act 1998.

Judicial Committee of the Privy Council:

The JCPC is composed primarily of judges who are also members of the UK Supreme Court. All SC justices are members of the JCPC and eligible to sit on its panels. Panels typically consist of three or five judges, depending on the complexity of the case. Retired justices and judges from senior Commonwealth courts may also participate.

The JCPC’s decisions are binding only on the jurisdictions from which the appeal originates. They do not create precedents for UK law, underscoring its distinct role from the SC.

Privy Council Cases:

The JCPC handles 30-50 cases annually, significantly fewer than the SC. Its caseload includes critical appeals with global implications, such as:

• Ecclesiastical Appeal: The recent case of All Saints Spring Park Parochial Church Council v Church Commissioners [2024] UKPC 23, is a rare example of the JCPC’s ecclesiastical jurisdiction, highlights its continued relevance in church governance.
• International Disputes: In Eco-Sud v. Minister of Environment, Solid Waste and Climate Change [2024] UKPC 19, the JCPC ruled that Eco-Sud had the standing to challenge the decision, adopting a purposive approach to statutory interpretation in environmental cases. This was a wholly Mauritius case, but the constitution of Mauritius provides that its ultimate court of appeal is the PC.

These cases illustrate the JCPC’s unique and specialized role within the global legal framework.

Supreme Court Cases:

The SC typically hears around 80-100 cases annually, offering clarity and binding precedent in areas of legal ambiguity.

In contrast to the JCPC, the UK Supreme Court primarily handles cases of national importance. Landmark cases include:

• Constitutional Law: R (Miller) v. Secretary of State for Exiting the European Union [2017] UKSC 5, which determined the UK government’s authority to prorogue Parliament ahead of Brexit.
• Civil Liberties: R v. Jogee [2016] UKSC 8, which redefined the legal doctrine of joint enterprise in criminal law.

The SC’s decisions are binding across all UK courts, shaping the trajectory of domestic law.