In the Supreme Court w/c 10 October 2016
10 Monday Oct 2016
Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 10 October, the Supreme Court will hear the appeal in AIG Europe Ltd v Woodman & Ors, which requires the court to consider the true construction of the words “in a series of related matters or transactions”, where an aggregation clause in a professional indemnity insurance policy is concerned. The appellant insurer will argue that investors’ claims against a solicitor’ firm should be aggregated on the basis that the claims “arose from… similar acts or omissions in a series of related matters or transactions.” Such an interpretation would limit the value of the claims to £3 million. The value of the claims brought by investors against the solicitors’ firm total £10 million. This will be heard in Court 2 from 11am.
On Tuesday 11 and Wednesday 12 October, the Supreme Court will hear the appeal in McCann v The State Hospital Board for Scotland (Scotland). The issue that arises is whether the smoking ban imposed by the hospital board was contrary to ECHR, arts 8 and 14, violating the appellant’s right to private life and enjoyment of rights without discrimination. The court will also consider whether the ban complied with the Mental Health (Care and Treatment) (Scotland) Act 2003, s 1, which required a consideration of the patient’s wishes and feelings. This will be heard in Court 2 from 10.30am.
On Thursday 13 October, the appeal in Financial Conduct Authority v Macris will be heard. The Supreme Court will examine the meaning of the words “any of the reasons contained in [a notice] relates to a matter which identifies a person” in Financial Services Markets Act 2000, ss 393(1) and (4). The issue arises where a decision notice and final notice were issued by the FCA to an investment bank, informing it that a fine was being imposed as a result of trading portfolio losses. The respondent had a role in the management structure of the portfolio, and argued that references to the bank’s management structure identified him, even though he was not named in the notices. He argued that he ought to have been afforded third party rights under legislation, as a result. Both the Upper Tribunal and Court of Appeal have held that Mr Macris was identified by the notices. This will be heard in Court 1 from 10.30am.
A full list of the cases scheduled for the Michaelmas term can be found here.
The following Supreme Court judgments remain outstanding:
Belhaj & Anor v Straw & Ors; Rahmatullah v Ministry of Defence & Anor, heard 9–12 November 2015.
ZM v Secretary of State for the Home Department (Northern Ireland); HA (Iraq) v Secretary of State for the Home Department, heard 12–14 January 2016.
Asset Land Investment Plc & Anor v The Financial Conduct Authority, heard 13–14 January 2016.
The Mayor’s Office for Policing and Crime v Mitsui Sumitomo Insurance Co (Europe) Ltd & Ors, heard 21 January 2016.
Abd Ali Hameed Al-Waheed v Ministry of Defence; Mohammed & Ors v Ministry of Defence & Anor, heard 1–4 February 2016.
R (MM) & Ors v Secretary of State for the Home Department and another case,heard 22–24 February 2016.
R (MA & Ors) v Secretary of State for Work and Pensions & other cases, heard 29 February-2 March 2016.
R (Agyarko) v Secretary of state for the Home Department, heard 6–7 April 2016.
Akers & Ors v Samba Financial Group, heard 27–28 April 2016.
R v Docherty, 3-4 May 2016.
Mohammed & Ors v Ministry of Defence & Anor, heard 9–10 May.
Commissioners for the HMRC v The Investment Trust Companies (in liquidation) & Ors, heard 17–19 May 2016.
R v Golds, heard on 14 June 2016
FirstGroup plc v Paulley, heard on 15 June 2016
R (Hicks & Ors) v Commissioner of Police for the Metropolis, heard on 28-29 June 2016
Impact Funding Solutions Ltd v AIG Europe Insurance Ltd, heard on 30 June 2016
R (Ingenious Media Holdings plc & Anor) v Commissioners for Her Majesty’s Revenue and Customs, heard on 4 Jul 2016
R v Mitchell, heard on 7 July 2016
AB v Her Majesty’s Advocate (Scotland), heard on 11 July 2016
SXH v Crown Prosecution Service, heard 19 July 2016
R (Johnson) v Secretary of State for the Home Department, heard 25-26 July 2016
AMT Futures Ltd v Marzillier & Ors, heard 5 October 2016