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The Supreme Court will hear two appeals this week, both over two days. On Monday and Tuesday 14 and 15 June 2010, Lords Hope and Walker, Lady Hale, Lord Clarke and Sir John Dyson will hear O’Brien v Ministry of Justice (formerly the Department for Constitutional Affairs). The case is concerned with the Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, which implement the Part Time Workers Framework Directive (97/81/EC). Mr. O’Brien, who worked as a recorder from 1978 until his retirement at the age of 65 in 2005, did not qualify for a judicial pension and alleges he has been unfairly discriminated against. The case details can be found on the Supreme Court website here. Our case preview is here.
On Wednesday and Thursday 16 and 17 June 2010, Lords Rodger and Walker, Lady Hale and Lords Collins and Clarke will hear Morrison Sports Limited and others v Scottish Power (Scotland). The case involves the proper construction of the Energy Acts (1963 & 1989) and the Electricity Supply Regulations 1988, in particular whether a breach of the regulations gives rise to private law remedies. The case details are here. Our case preview is here.
The Judicial Committee of the Privy Council also has a busy week in prospect hearing three appeals from Trinidad and Tobago. On Monday and Tuesday, Lords Rodger, Brown and Mance will hear Seeromani Maraj-Naraynsingh v The Attorney General of Trinidad & Tobago and The Director of Public Prosecutions, an appeal by Mrs Maraj-Naraynsingh after her claim for damages was dismissed. She sought compensation after being committed pending her trial for murder; a charge for which she was eventually acquitted.
On Wednesday, a five strong bench consisting of Lords Phillips, Brown, Kerr, Sir John Dyson SCJ and Sedley LJ will hear Charmaine Bernard (Legal Representative of the Estate of Reagan Nicky Bernard) v Ramsesh Seeblack. The same five will then hear Romauld James v The Attorney General of Trinidad and Tobago on Thursday. The case details are yet to be made available on the Privy Council’s website.
On 16 June 2010, the Supreme Court will give judgment in two cases. First, the “control order” case of Secretary of State for the Home Department v AP (which was heard on 5-6 May 2010 and was previewed here). Second, there is the case of MS (Palestinian Territories) v Secretary of State for the Home Department (which was heard on 26 and 27 April 2010 and was previewed here). The “hand down bench” will be Lord Phillips, Lady Hale, Lord Brown, Lord Collins and Sir John Dyson.
The Privy Council has not announced any judgments for hand down this week.
The biggest news story of the week relating to the Supreme Court will be the release of the long awaited report of the “Bloody Sunday” inquiry, chaired by Supreme Court Justice, Lord Saville. This will be made public on Tuesday afternoon, the lawyers and family members having been given the morning to read what is reported to be a 5,000 page document. There have already been leaks and speculation about the report’s contents, which have, in turn led to accusations and counter-accusations. The Guardian website has a page setting out the background and the recent developments.
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
R (on the application of Smith) (FC) v Secretary of State for Defence, heard 15-17 March 2010
Radmacher v Granatino, heard 22-23 March 2010
A v Essex County Council, heard 24-25 March 2010
In the matter of an Application by JR17 for judicial Review (NI), heard 19-20 April 2010
Austin (FC) v Mayor and Burgesses of the London Borough of Southwark, heard 21-22 April 2010
HT (Cameroon) v Secretary of State for the Home Department and HJ (Iran) v Secretary of State for the Home Department, heard 10-12 May 2010
R (on the application of Noone) (FC) v The Governor of HMP Drake Hall and Another, heard 11-12 May 2010
Southern Pacific Personal Loans Ltd (Respondent) v Walker & Another, heard 13 May 2010
R (on the application of ZO Somalia and others v Secretary of State for the Home Department, heard 17-18 May 2010
Cadder v HM Advocate (Scotland), heard 24-26 May 2010
R (on the application of the Electoral Commission) v City of Westminster Magistrates Court and the United Kingdom Independence Party, heard 8-9 June 2010
The following Privy Council judgments are awaited:
F B M Nahaboo and others v N Parsooramen and others, heard 26 April 2010
Marie Jean Mirbel and others v The State of Mauritius, heard 27 April 2010
Gangasingh Aubeeluck v The State of Mauritius, heard 28 April 2010
Societe Royal Gardens et Compagnie and 138 others v Mauritius Revenue Authority, heard 29 April 2010
Devendranath Huram v K Bholah, heard 30 April 2010
Romeo Cannonier & Ors v The Queen (St Christopher & Nevis) and Romeo Cannonier v The Queen (St Christopher & Nevis), heard 13 May 2010
Kirk Gordon v The Queen (Belize), heard 17 May 2010
Andrew Ryan Ferrell v The Queen (Gibraltar), heard 18-19 May 2010
James Henry Ting & Ors v Cosimo Borrelli as Liquidator of AKAI Holdings Ltd & Ors (Bermuda), heard 24-27 May 2010
