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This week there are three linked appeals to be heard in the Supreme Court from Monday 14 March to Thursday 17 March 2011 by Lords Phillips, Hope and Rodger, Lady Hale and Lords Clarke, Brown and Dyson: R (Cart) v The Upper Tribunal; Eba v Advocate General for Scotland (Scotland); and R (MR (Pakistan)) v Secretary of State for the Home Department. Our case preview is here. The issues in the three cases are whether decisions of the Upper Tribunal can be subject to judicial review when: (a) there is no statutory right of appeal to the Court of Appeal (in the case of Cart); (b) there are ‘exceptional circumstances’ (in the case of Eba); and (c) the Queen’s Bench Division Administrative Court has determined that permission to appeal against the decision of the First Tier Tribunal may be reviewed on certain grounds (in the case of MR (Pakistan)).
Cart is on appeal from the Court of Appeal Civil Division (England and Wales) which held that the Upper Tribunal’s decision to refuse Mr Cart permission to appeal against the First Tier Tribunal’s decision in respect of his child maintenance payments, was amenable to judicial review on jurisdiction or denial of justice grounds. Here are the Supreme Court case details.
Eba is an appeal from the Court of Session (Scotland) in respect of both the First Tier and Upper Tribunal’s refusals of appeal against the First Tier Tribunal’s decision against the respondent’s claim for disability living allowance. The Supreme Court case details are here.
MR (Pakistan) is on appeal (Leapfrog) from the Queen’s Bench Division Administrative Court (England and Wales), with both the First Tier and Upper Tribunals having refused the appellant permission to appeal against his rejected claim for asylum in March 2010. If permission to appeal is granted, the appeal is to follow. Here are the Supreme Court case details.
The Supreme Court has announced that judgment of Patmalniece v Secretary of State for Work and Pensions (heard from 29 November to 1 December 2010), will be handed down on Wednesday 16 March 2011. Here is our case preview and here are the Supreme Court case details.
There are no cases being heard in the Privy Council this week. The Privy Council has not announced any judgments for hand down this week, but the following judgments were handed down on Wednesday 10 March 2011:
John Thompson and Janet Thompson v Goblin Hill Hotels Limited (from the Court of Appeal of Jamaica), heard 20 January 2011; and
AK Investment CJSC v Kyrgyz Mobil Tel Limited and Others;
Altimo Holdings and Investments Limited v Kyrgyz Mobil Tel Limited and Others;
CP Credit Prive SA v Kyrgyz Mobil Tel Limited and Others; and
Fellowes International Holdings Limited v Kyrgyz Mobil Tel Limited and Others,
These cases were all heard 30 November – 7 December 2010.
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
JP Morgan Chase Bank N.A. and another v Berliner Verkehrsbetriebe (BVG) Anstalt des Oeffentlichen Rechts, heard 11 November 2010
WL Congo 1 and 2 & anr v Secretary of State for the Home Department and KM (Jamaica) v Secretary of State for the Home Department, heard 15-18 November 2010
Baker v Quantum Clothing Group Limited & Ors; Baker v Quantum Clothing Group Limited & Ors (Pretty Polly Limited); and Baker v Quantum Clothing Group Limited & Ors (Meridian Limited), heard 22-24 November 2010
Jones v Kaney, heard 11 – 12 January 2011
Duncombe and others v Secretary of State for Children, Schools and Families, heard 17-18 January 2011
Farstad Supply A/S v Enviroco, heard 19-20 January 2011
Al Rawi and others (Respondents) v The Security Service and others (Appellants), heard 24 -27 January 2011
Home Office (Appellant) v Tariq (Respondent), heard 24 – 27 January 2011
Home Office (Respondent) v Tariq (Appellant), heard 24 – 27 January 2011
R (on the application of GC) (FC) v The Commissioner of Police of the Metropolis; R (on the application of C) (FC) v The Commissioner of Police of the Metropolis, heard 31 January – 1 February 2011
In the matter of an application by Brigid McCaughey and another for Judicial Review (Northern Ireland), heard 2 – 3 February 2011
Secretary of State for Communities and Local Government & another v Welwyn Hatfield Borough Council, heard 7 – 8 February 2011
R(on the application of Adams) (FC) v Secretary of State Justice; In the Matter of an Application by Eamonn MacDermott for Judicial Review (Northern Ireland); and In the Matter of an Application by Raymond Pius McCartney for Judicial Review (Northern Ireland), heard 15 – 17 February 2011.
Commissioners for Her Majesty’s Revenue & Customs v Tower MCashback LLP 1 and another, heard 21 -22 February 2011.
FA (Iraq) v Secretary of State for the Home Department, heard 23 – 24 February 2011
Perpetual Trustee Company Limited v BNY Corporate Trustee Services Limited and Lehman Brothers Special Financing Inc; and Belmont Park Investments PTY Limited v BNY Corporate Trustee Services Limited and Lehman Brothers Special Financing Inc, heard 1 – 3 March 2011.
Lucasfilm Limited and others (Appellants) v Ainsworth and another (Respondents), heard 7 – 9 March 2011.
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
The Public Service Appeal Board v Omar Maraj (Trinidad & Tobago), heard 5 October 2010
Tasarruf Mevduati Sigorta Fonu v Merrill Lynch Bank and Trust Company (Cayman) Limited & Others, heard 31 January – 1 February 2011
Curtis Francis Warren and Others v HM Attorney General for the Bailiwick of Jersey, heard 9 – 10 February 2011
Edwin M Hughes v La Baia Limited (Anguilla), heard 23 -24 February 2011
Maxo Tido v The Queen (Bahamas), heard 7 March 2011
Nimrod Miguel v The Republic of Trinidad & Tobago, heard 8 – 9 March 2011
Tabeel Lewis v The State (Republic of Trinidad & Tobago), heard 10 March 2011.
