In the Supreme Court w/c 14 November 2016
14 Monday Nov 2016
Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 14 November and Tuesday 15 November, the Supreme Court will hear the appeal of Home Office v Essop & Ors and Naeem v Secretary of State for Justice in a joint appeal. This will consider whether a claimant needs to show the reason why a practice puts them and those with whom they share a protected characteristic at a disadvantage, and whether, to demonstrate indirect discrimination, a protected characteristic had to be a ‘material cause’ in differential treatment. This will be heard in Courtroom 2, the court sitting from 10.30am.
On Tuesday 15 November and Wednesday 16 November, the Supreme Court will hear the appeal of DB v Chief Constable of Police Service Northern Ireland. This will consider whether the Police Service of Northern Ireland misdirected itself as to the extent of its legal powers to stop illegal parades, and what the appropriate standard of review and scope of discretion is for the police making operational decisions where public order issues are concerned. This will be heard in Courtroom 1.
On Wednesday 16 November the Supreme Court will hand down the judgment in the cases of Makhlouf v Secretary of State for the Home Department (NI) and Hesham Ali (Iraq) v Secretary of State for the Home Department. The panel will be Lord Neuberger, Lord Kerr and Lord Reed. The cases consider the proper consideration of the ECHR, art 8 rights and best interests of any children of an individual who is to be deported, and the proper interpretation of the ‘public interest’ in deportation cases and whether the immigration rules are meant to set out the weight to be given to it.
On Thursday 17 November, the Supreme Court will hear the case of R v Guraj, considering, where a deprivation or forfeiture order is wrongly made during a period of postponement of confiscation proceedings (contrary to s15(2) Proceeds of Crime Act 2002), whether the effect of s14(12) is that a subsequent (and substantial) procedural error may in itself deprive the court of jurisdiction to make a confiscation order. This will be held on Courtroom 1.
On Wednesday 16 November, the Privy Council will hear the appeal of Cono Cono & Co Ltd v Veerasamy & Ors. This concerns whether an appeal lies as of right to the Supreme Court from the decision of a Judge in Chambers exercising an appellate jurisdiction. This will be heard in Courtroom 2, the court sitting from 10.30am.
On Thursday 17 November, the Privy Council will hear the case of Scatliffe v Scatliffe, considering that fairness of the division of matrimonial assets. This will be heard in Courtroom 3.
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 (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.
AB v Her Majesty’s Advocate (Scotland), heard on 11 July 2016.
SXH v Crown Prosecution Service, heard 19 July 2016.
AMT Futures Ltd v Marzillier & Ors, heard 5 October 2016.
AIG Europe Ltd v Woodman & Ors, heard 10 October 2016.
McCann v The State Hospital Board for Scotland (Scotland), heard 11-12 October 2016.
Lehman Brothers Holdings Inc v Lomas & Ors and other cases, heard 17-20 October 2016.
R (Mirza) v Secretary of State for the Home Department and other cases, heard 19 October 2016.
Mohammed & Ors v Ministry of Defence, heard 25-27 October 2016.
China National Chartering Company Ltd v Gard Marine and Energy Ltd & Anor, Gard Marine and Entergy Ltd v China National Chartering Company Ltd & Anor, and Daiichi Chuo Kisen Kaisha v Gard Marine and Energy Ltd & Anor, heard 1-3 November 2016.
R (A) (a Child) (by her litigation friend B) v Secretary of State for Health, heard 2 November 2016.
Volkswagen Financial Services (UK) Ltd v Commissioners for Her Majesty’s Revenue and Customs, heard 3 November 2016.
Newbigin v SJ & J Monk, heard 7 November 2016.
Habib Khan v General Pharmaceutical Council, heard 10 November 2016.