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The Supreme Court has a busy week ahead with three appeal hearings scheduled. Lords Phillips and Walker, Lady Hale, Lord Mance and Sir John Dyson SCJ will hear MA (Somalia) v Secretary of State for the Home Department on Monday 11 October 2010. The case is concerned with an applicant claiming Article 3 ECHR protection on the grounds that he would face a ‘real risk’ of mistreatment should he be deported back to Somalia. The issues are the correct approach where the applicant’s own evidence is deemed to be mendacious and where there is no, or a lack of, evidence to ascertain that a ‘real risk’ exists and whether the Court of Appeal illegitimately substituted its assessment of the facts for that of the AIT in an appeal that was restricted to point of law. The case details can be found on the Supreme Court website here.

The case of Multi-Link Developments Limited v North Lanarkshire Council (Scotland) will be heard on Tuesday 12 October 2010 by Lords Hope and Rodger, Lady Hale, Lord Clarke and Sir John Dyson SCJ. The court will decide whether determining the full market value of the land in question should include any potential development of the land, or whether consideration is restricted to its permitted use as a golf course only. The Supreme Court’s case details can be found here.

On Wednesday and Thursday 13 and 14 October 2010 Lords Hope, Rodger, and Walker, Lady Hale and Lord Clarke will hear linked cases: Royal Bank of Scotland plc v John Patrick McCormack Wilson and another (Scotland) and Royal Bank of Scotland plc v Francis John Wilson and another (Scotland).  The court is to consider whether RBS was entitled to eject the appellant tenants from properties over which security had been granted to the bank. Here are the Supreme Court’s case details.

The Judicial Committee of the Privy Council will also hear three appeals this week. On Monday Lords Brown, Collins and Kerr will hear Tabeel Lewis v The State of Trinidad & Tobago, in which the Appellant, convicted of murder and sentenced to death, seeks to appeal on the grounds that the judge should have allowed the jury to consider the partial defence of provocation, based on the evidence at trial.  There is a news story about the original conviction here.

The case of E Anthony Ross v Bank of Commerce (Saint Kitts Nevis) Trust and Savings Association Limited will be heard by Lords Phillips, Mance and Collins on Tuesday 12 October. This case considers the issues of whether trust funds can be recovered by the party to which the rights of a trustee had been assigned, and whether the beneficiaries had consented.

Finally, on Wednesday 13 October 2010 Lords Phillips, Brown and Kerr, Sir John Dyson SCJ and Sir Stephen Sedley will hear the appeal in the case of The Palms Resort Limited v P.P.C Limited (Turks & Caicos Islands).

The Supreme Court has announced it will hand down judgment on Gisda Cyf v Barratt on Wednesday 13 October 2010. Our case preview is here.  It has also been announced that judgment will be handed down in the case of Cadder v Her Majesty’s Advocate on Tuesday 26 October 2010.  Our case preview is here.

No judgments will be handed down by the Privy Council this week.

Judgments outstanding

The following Supreme Court judgments remain outstanding:

R (SK) (Zimbabwe) v Secretary of State for the Home Department, heard 10-11 Feb 2010

Radmacher v Granatino, heard 22-23 March 2010

Dallah Real Estate and Tourism Holding Company v The Ministry of Religious Affairs, Government of Pakistan, heard 28-30 June 2010

Manchester City Council v Pinnock, heard 5-8 July 2010

Oceanbulk Shipping and Trading SA v TMT Asia Limited and others, heard 14-15 July 2010

R v Maxwell, heard 19-20 July 2010

Holland v The Commissioners for HMRC and another, heard 21-22 July 2010

Spiller and another v Joseph and others, heard 26 July 2010

Global Process Systems Inc and another v Syarikat Takaful Malaysia Berhad, heard 28 July 2010

Progress Property Company Limited v Moorgarth Group Limited, heard 5-6 October 2010

The following Privy Council judgments are awaited:

Romeo Cannonier & Ors v The Queen (St Christopher & Nevis) and Romeo Cannonier v The Queen (St Christopher & Nevis), heard 13 May 2010

Noel Campbell v The Queen (Jamaica), heard 21-22 July 2010

The Public Service Appeal Board v Omar Maraj (Trinidad & Tobago), heard 5 October 2010