Aidan O’Neill KC

2019 MH v. Mental Health Tribunal for Scotland [2019] CSIH 29 – whether a Mental Health Tribunal considering an application for compulsory preventive hospital detention and medical treatment of an individual was properly constituted by the legal chair participating by conference call rather than in person

2018-20 Infected Blood Inquiry: chair Sir Brian Langstaff (ongoing) – acting for c250+ core participants of those from Scotland infected and affected by virally contaminated blood from blood transfusions and blood products

2017 O’Brien v. Scottish Ministers [2017] CSOH 96 – on security of tenure and statutory powers of removal of chairs of public inquiries held under the Inquiries Act 2005.

2017 Petroineos Manufacturing Scotland Ltd. v. Clydeport Operations Ltd. [2017] CSOH not yet decided – on whether Clydeport was the statutory harbour authority within the Faslane Naval Dockyard with power to impose conservancy charges on floating oil storage units berthed there.

2016 Christian Institute and others v. Lord Advocate [2016] UKSC 61, [2015] CSIH 64, [2015] CSOH 7 – judicial review on whether or not the “named person service” provisions in Part 4 of the Children and Young People (Scotland) Act 2014 are within the legislative competence of the Scottish Parliament and compatible with fundamental rights standards for data protection.

2014 Moohan and others v. Scottish Government [2014] UKSC 67; [2014] CSIH 56; [2014] CSOH 199 – judicial review of the Scottish Independence Referendum (Franchise) Act 2013 for its exclusion of convicted prisoners in the independence referendum franchise.

2014 R (Sandiford) v. Foreign and Commonwealth Office [2014] UKSC 44; [2013] EWCA Civ 581; [2013] EWHC 168 (Admin) – whether the FCO had duties at common law under the ECHR to provide funding for legal representation of British nationals facing death penalty abroad.

2019 LC Management Services (Scotland) Limited v. The Scottish Minsters and Highlands and Islands Enterprise [2019] CSOH 72 – re State aid and Francovich damages

2019 Case C-93/18 Bajratari v. Secretary of State for the Home Department EU:C:2019:512 – CJEU reference by NICA on whether income from employment deemed “unlawful” under UK law may establish, in whole or in part, the availability of sufficient resources for EU law purposes under Article 7(1)(b) of the Citizens Directive

2019 Case C-129/18 SM (Algeria) v. Entry Clearance Office, UK Visa Section EU:C:2019:248; [2018] UKSC 9 – CJEU reference by UKSC on whether family member for purposes of EU free movement includes child under Islamic kefalah

2018 Case C-621/18 Wightman v. Secretary of State for Exiting the European Union EU:C:2018:999; [2018] CSIH 62; [2018] CSOH 61; [2018] CSIH 18; [2018] CSOH 8 – decision by the Inner House of the Court of Session to refer to the CJEU the question of whether Article 50 TEU notification was unilaterally revocable by UK

2018 R (Simonis) v. Arts Council England [2018] EWHC 1822 (Admin) – on the licence requirements under EU law for the transfer of cultural goods from one Member State to another

2017 Case C-333/14 Scotch Whisky Association and others v. Scottish Ministers re minimum alcohol pricing [2017] UKSC 76; [2016] CSIH 77; EU:C:2015:845; [2014] CSIH 38; [2013] CSOH 70 – compatibility of the Alcohol (Minimum Pricing) (Scotland) Act 2012 with Article 34 TFEU on the free movement of goods and/or the Common.

2017 R (Miller) v Secretary of State for Exiting the European Union  [2017] UKSC 5 (Whether the UK Government could rely upon its prerogative powers to trigger Article 50 TEU for the UK to leave the EU).

2016 Shindler v. Chancellor of the Duchy of Lancaster 24 May [2016] UKSC 2016/0105 [2016] EWCA Civ 469 [2016] EWHC (Admin) 957 challenge to the EU and common law constitutional compatibility of the exclusion from the Brexit referendum franchise of British citizens who had exercised their EU free movement and citizenship rights to live outside the UK for more than 15 years.

2013 R. (Chester) v Secretary of State for Justice/McGeoch v. Lord President of the Council [2013] UKSC 63; [2011] CSIH 67; [2011] CSOH 65 – Judicial Review of the compatibility with the petitioner’s EU law citizenship rights of the decision to refuse the a convicted prisoner’s application to be included on the Electoral Register for local government elections and separately for elections to the European Parliament.

2012  Walton (formerly Roadsense) v. Scottish Ministers [2012] UKSC 44 – EU law and the Aarhus Convention in relation to duties of strategic environmental assessment, public consultation and statutory title of “persons aggrieved” to object to road schemes on environmental grounds.

2018 Campbell v. Dugdale [2018] SC EDIN 49 – defamation action raising issues of fair comment defence consonant with Article 10 ECHR

2018 Van Pham v. Her Majesty’s Advocate [2018] HCJAC – on defences available to criminal charges for those claiming to be victims of modern slavery/people trafficking

2018 Maguire’s Judicial Review of the General Council of Bar of Northern Ireland [2018] UKSC 17; [2015] NIQB 4 – JR of compatibility of NI Bar Council rules requiring instruction of senior counsel with Convention right to lawyer of one’s choosing

2017 AB v. Her Majesty’s Advocate [2017] UKSC 25 – challenge to the Convention compatibility of Scottish legislation which removes an otherwise available reasonable belief defence as to the age of a sexual partner to persons previously charged with a relevant offence

2016 Gordon Ross v. Lord Advocate [2016] CSIH 12 [2015] CSOH 123 – challenge to the Lord Advocate’s failure/refusal to publish guidelines on prosecution policy in cases of assisted suicide.

2010  Cadder v. Her Majesty’s Advocate [2010] UKSC 43 – on the Convention right to have a solicitor present during a police interview while in police detention.

2010  R (JF and Thompson) v. Minister of Justice [2010] UKSC 17 – Article 8 ECHR right to privacy and its compatibility with the imposition of indefinite period of notification on the sex offenders register without provision for review on sex offender.

2019 Idu v. East Suffolk and North Essex NHS Foundation Trust [2019] EWCA Civ nyr; [2019] UKEAT/15/18 – whether disciplinary proceedings against a consultant surgeon were properly to be characterised for the purpose of disciplinary procedures as professional misconduct as or personal misconduct

2019 Anwar v. Advocate General for Scotland and the Lord Advocate [2019] CSIH 43 – on whether interim diligence to freeze employer’s assets available to claimants before Employment Tribunals

2017 O’Brien v. Scottish Ministers [2017] CSOH 96 – on security of tenure and statutory powers of removal of chairs of public inquiries held under the Inquiries Act 2005

2017 Informa UK Ltd. v. McDougall [2017] CSOH 149 – employment restrictive covenant

2017 Janah v. Libya/Benkharbouche v. Sudan [2017] UKSC 62; [2015] EWCA Civ 33 – whether principles of EU law and the Charter of Fundamental Rights could be prayed in aid to established jurisdiction and right to a substantive remedy in employment dispute claims which were otherwise barred by State immunity under national legislation.

2017 R (UNISON) v. Lord Chancellor [2017] UKSC 51 – JR of validity of the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013 requiring payment of court dues/fees for claims to ETs and appeal to EAT. Submissions on behalf of intervener, the Independent Workers Union of Great Britain (IWGB).

2015 Hainsworth v. Ministry of Defence 1 December [2015] UKSC not reported (re Article 5 of Directive 2000/78 and the duty of an employer to make reasonable adjustments within the context of associative discrimination to accommodate the disability needs of a dependent child of an employee).

2012 Ravat v. Halliburton Manufacturing & Services Ltd. [2012] UKSC 1; [2010] CSIH 52 – whether a UK employment tribunal had jurisdiction to adjudicate on an unfair dismissal claim from an oil industry employee working outside the EU.

2014 St. Margaret’s Children and Family Care Society v. Office of the Scottish Charity Regulator SCAP App 02/13 (Scottish Charity Appeal Panel, 31 January 2014) – whether religiously based adoption society could be required to amend its published guidance to ensure no discrimination on grounds of religion and belief or sexual orientation in respect of prospective adoptive parents.

2013  Bulls v. Preddy and Hall [2013] UKSC 73 – whether Christian guest house owners could, on grounds of religious conviction, lawfully refuse a double-bedded room to a couple in a civil partnership.

2013 London Christian Radio v. Radio Advertising Clearance Centre and Secretary of State for Culture, Media and Sport [2013] EWCA Civ 1495 – whether the ban on political advertising extended to an advertisement seeking information about claims of marginalization of Christians in the workplace.

Aidan O’Neill QC is one of the most experienced pleaders in the UK before the House of Lords/UK Supreme Court having appeared as senior counsel in over 30 appeals there since taking silk in 1999 in cases which have covered a wide variety of areas including: environmental law, criminal law, employment law, discrimination law, administrative law, constitutional law, human rights law and EU law.

CASES before the UKSC

2019 Cherry v. Advocate General for Scotland/Miller v. Prime Minister [2019] UKSC 41; [2019] CSIH 49; [2019] CSOH 70 – on the lawfulness/constitutionality of HMG’s prorogation of Parliament on 28 August 2019

2019 Case C-129/18 SM (Algeria) v. Entry Clearance Office, UK Visa Section EU:C:2019:248; [2018] UKSC 9 – CJEU reference by UKSC on whether family member for purposes of EU free movement includes child under Islamic kefalah

2018 Case C-621/18 Wightman v. Secretary of State for Exiting the European Union EU:C:2018:999; [2018] CSIH 62; [2018] CSOH 61; [2018] CSIH 18; [2018] CSOH 8 – decision by the Inner House of the Court of Session to refer to the CJEU the question of whether Article 50 TEU notification was unilaterally revocable by UK

2018 Maguire’s Judicial Review of the General Council of Bar of Northern Ireland [2018] UKSC 17; [2015] NIQB 4 – JR of compatibility of NI Bar Council rules requiring instruction of senior counsel with Convention right to lawyer of one’s choosing

2017 R (Miller) v Secretary of State [2017] UKSC 5 – on prerogative powers and triggering Article 50 TEU for the UK to leave the EU

2017 Scotch Whisky Association and others v. Scottish Ministers re minimum alcohol pricing [2017] UKSC 76 – re compatibility of the Alcohol (Minimum Pricing) (Scotland) Act 2012 with Article 34 TFEU on the free movement of goods and/or the Common Agricultural Policy. Written and oral submissions on behalf of the appellants, the Scotch Whisky Association and others

2017 Janah v. Libya/Benkharbouche v. Sudan [2017] UKSC 62; [2015] EWCA Civ 33 – whether principles of EU law and the Charter of Fundamental Rights could be prayed in aid to established jurisdiction and right to a substantive remedy in employment dispute claims otherwise barred by claims to State immunity under national legislation. Written and oral submissions on behalf of intervener, the AIRE Centre.

2017 R (UNISON) v. Lord Chancellor [2017] UKSC 51 – JR of validity of the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013 requiring payment of court dues/fees for claims to ETs and appeal to EAT. Written submissions on behalf of intervener, the Independent Workers Union of Great Britain (IWGB).

2017 AB v. Her Majesty’s Advocate [2017] UKSC 25 – successful challenge to the Convention compatibility of Scottish legislation which removes an otherwise available reasonable belief defence as to the age of a sexual partner to persons previously charged with a relevant offence. Written and oral submissions on behalf of the appellant, “AB”

2017 R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5 – whether the UK Government could rely upon its prerogative powers to trigger Article 50 TEU for the UK to leave the EU). Written submissions for the intervener, the Independent Workers Union of Great Britain (IWGB)

2016 Christian Institute and others v. Lord Advocate [2016] UKSC 61, – judicial review on whether or not the “named person service” provisions in Part 4 of the Children and Young People (Scotland) Act 2014 are within the legislative competence of the Scottish Parliament and compatible with fundamental rights standards for data protection. Written and oral submissions on behalf of the appellant, the Christian Institute

2016 Shindler and another v. Chancellor of the Duchy of Lancaster 24 May [2016] UKSC 2016/0105 – challenge to the EU and common law constitutional compatibility of the exclusion from the Brexit referendum franchise of British citizens who had exercised their EU free movement and citizenship rights to live outside the UK for more than 15 years.   Written and oral submissions for the appellants, Shindler and Maclennan, in an opposed permission hearing

2015 Hainsworth v. Ministry of Defence 1 December [2015] UKSC not reported – re Article 5 of Directive 2000/78 and the duty of an employer to make reasonable adjustments within the context of associative discrimination to accommodate the disability needs of a dependent child of an employee). Written and oral submissions on behalf of intervener, the Equality and Human Rights Commission (EHRC), at an opposed permission hearing.

2014 Moohan and others v. Scottish Government [2014] UKSC 67; [2014] CSIH 56; [2014] CSOH 199 – judicial review of the Scottish Independence Referendum (Franchise) Act 2013 for its exclusion of convicted prisoners in the independence referendum franchise. Written and oral submissions on behalf of the appellants, Moohan and others.

2014 R (Sandiford) v. Foreign and Commonwealth Office [2014] UKSC 44; [2013] EWCA Civ 581; [2013] EWHC 168 (Admin) – whether the FCO had duties at common law under the ECHR to provide funding for legal representation of British nationals facing death penalty abroad.   Written and oral submissions on behalf of the appellant, Sandiford.

2013 Bulls v. Preddy and Hall [2013] UKSC 73 – whether Christian guest house owners could, on grounds of religious conviction, lawfully refuse a double-bedded room to a couple in a civil partnership.  Written and oral submissions on behalf of the appellants, Mr and Mrs Bull.

2013 R. (Chester) v Secretary of State for Justice/McGeoch v. Lord President of the Council [2013] UKSC 63; [2011] CSIH 67; [2011] CSOH 65 – Judicial Review of the compatibility with the petitioner’s EU law citizenship rights of the decision to refuse the a convicted prisoner’s application to be included on the Electoral Register for local government elections and separately for elections to the European Parliament. Written and oral submissions on behalf of the appellant, McGeoch.

2012 Walton (formerly Roadsense) v. Scottish Ministers [2012] UKSC 44 – EU law and the Aarhus Convention in relation to duties of strategic environmental assessment, public consultation and statutory title of “persons aggrieved” to object to road schemes on environmental grounds.  Written and oral submissions on behalf of the appellant, Walton

2012 Ravat v. Halliburton Manufacturing & Services Ltd. [2012] UKSC 1 [2010] CSIH 52 – whether a UK employment tribunal had jurisdiction to adjudicate on an unfair dismissal claim from an oil industry employee working outside the EU. Written and oral submissions on behalf of the appellant, Ravat.

2011 AXA General Insurance v. Lord Advocate [2011] UKSC 46: judicial review of the validity and Convention compatibility of the Damages (Asbestos-related conditions) (Scotland) Act 2009. Written and oral submissions on behalf of the third to tenth respondents, all individual sufferers from asbestos related conditions.

2011 R. (Cart) v Upper Tribunal [2011] UKSC 28 and Eba v. Advocate General for Scotland [2011] UKSC 29 – on the susceptibility of decisions of the Upper Tribunal to judicial review in Scotland and England and Wales. Written intervention on behalf of the intervener, JUSTICE.

2010 Cadder v. Her Majesty’s Advocate [2010] UKSC 43 – on the Convention right to have a solicitor present during a police interview while in police detention.  Written and oral submissions on behalf of the intervener, JUSTICE

2010 R (JF and Thompson) v. Minister of Justice [2010] UKSC 17 – Article 8 ECHR right to privacy and its compatibility with the imposition of indefinite period of notification on the sex offenders register without provision for review on sex offender.   Written and oral submissions on behalf of the intervener “A”

CASES before the UKHL/UKPC

2007 Somerville v. Scottish Ministers [2007] UKHL 44 – on time bar, just satisfaction damages and the constitutional relationship between the Scotland Act 1998 and the Human Rights Act 1998. Written and oral submissions on behalf of the appellants, Somerville and others

2007 Beggs v. Scottish Ministers [2007] UKHL 3 – on the competency of, and mens rea for, a finding of contempt of court against government departments. Written and oral submissions on behalf of the appellant, Beggs

2005 Davidson v. Scottish Ministers [2005] UKHL 74 – constitutional challenge to the denial of availability of interim and final coercive court orders against the acts and omissions of the Government. Written and oral submissions on behalf of the appellant, Davidson.

2004 Davidson v. Scottish Ministers (No. 2) 2004 UKHL 34 – quashing of decision of Extra Division on the grounds of apparent judicial bias given previous legislative and executive involvement of one of that bench when Lord Advocate in the very legal issue raised in that case. Written and oral submissions on behalf of the respondent, Davidson.

2004 Archibald v. Fife Council [2004] UKHL 32 – the scope of the duty of reasonable adjustment under sections 5 and 6 of the Disability Discrimination Act 1995.  Written and oral submissions on behalf of the respondent, Fife Council

2003 MacDonald v. Ministry of Defence [2003] UKHL 33 – whether the prohibition against sex discrimination encompassed discrimination on grounds of sexual orientation. Written and oral submissions on behalf of the appellant, MacDonald

2003 Davidson v. Scottish Ministers: incidental petition re dismissal of appeal (UKHL 31 July 2003) – determination on the issue of when leave may be required from the Inner House for an appeal to the House of Lords. Written and oral submissions on behalf of the petitioner, Davidson.

2001 Millar v. Dickson [2001] UKPC D4 – appeal to the Privy Council from the High Court of Justiciary on the devolution issue question of the waiver of the right under Article 6 ECHR to an independent and impartial tribunal.  Written and oral submissions on behalf of the appellant, Millar

1989 Litster v. Forth Dry Dock Engineering Co. Ltd., (UKHL 16 March 1989( 1989 SC (HL) 96, [1990] 1 AC 546, HL – on the proper approach to the interpretation and application of the Transfer of Undertakings (“TUPE”) Regulations in the light of EU law.  Appearing as junior counsel on behalf of the appellant, Litster