In the Supreme Court w/c 16 January 2017
16 Monday Jan 2017
Hearings in the Supreme Court are now shown live on the Court’s website.
On Tuesday 17 January and Wednesday 18 January, the Supreme Court will hear the appeal of PNM v Times Newspapers Ltd & Ors. This will consider whether the CA erred in its interpretation and application of the approach to be taken in balancing the privacy rights of a person arrested but not charged with a crime against the right of the press to report open court proceedings following the Supreme Court’s decision in A v BBC (Scotland)  UKSC 25. This will be heard in Courtroom 1.
On Tuesday 17 January, the Supreme Court will hand down the judgments in Rahmatullah (No2) v Ministry of Defence & Anor and Mohammed & Ors v Ministry of Defence. The hand down panel will be Lord Neuberger, Lady Hale and Lord Mance. The cases consider whether the respondent’s claims in tort against the appellants in respect of alleged acts or omissions of US personnel while the claimant was in US custody in Iraq and/or Afghanistan are barred by operation of either the foreign act or state doctrine or doctrine of state immunity, and whether detention of the respondent was compatible with various subsections of ECHR, art 5 and whether it was contrary to Afghan law and so gave rise to compensation.
On Tuesday 17 January, the Supreme Court will hand down the judgments in Abd Ali-Waheed v Ministry of Defence and Serdar Mohammed & Ors v Ministry of Defence. The hand down panel will be Lord Neuberger, Lady Hale and Lord Mance. The cases consider whether HM armed forces had the power to detain the appellant, on the ground that it was necessary for imperative reasons of security, pursuant to International Humanitarian Law applicable in a non-international armed conflict, and if so whether ECHR, art 5 should be read so as to accommodate such detention.
On Tuesday 17 January, the Supreme Court will hand down the judgments in Belhaj & Anor v Straw & Ors and Rahmatullah v Ministry of Defence & Anor. The hand down panel will be Lord Neuberger, Lady Hale and Lord Mance. These cases consider whether the CA correctly held that the public policy limitation applied and precluded the application of the foreign act of state doctrine, that the territorial limitation of the foreign act of state doctrine applied to the alleged acts of the US, whether it was wrong to hold that the doctrine of foreign act of state was engaged, and whether it correctly held that foreign states were not indirectly impleaded in the Particulars of Claim and that the claim was not barred by state immunity.
On Wednesday 18 January, the Supreme Court will hand down the judgment in FirstGroup Plc v Paulley. The proposed bench for hand-down is Lord Neuberger, Lady Hale and Lord Reed. This case considers what the reasonable adjustments are that a bus company is required to make to accommodate disabled wheelchair users.
On Thursday 19 January, the Judicial Committee of the Privy Council will hear the appeal of Phillip v DPP (St Christopher & Nevis). This will consider whether bad character evidence was wrongfully admitted; whether the judge failed to properly direct the jury on how to treat bad character evidence and whether the Appellant was wrongfully deprived of a good character direction; whether the Appellant’s conviction is unsafe because of his own counsel’s incompetence; and whether the judge failed to properly direct the jury on DNA evidence. This will be heard in Courtroom 3.
A full list of the cases scheduled for the Hilary 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.
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.
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.
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.
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.
Home Office v Essop & Ors; Naeem v Secretary of State for Justice, heard 14-15 November 2016.
DB v Chief Constable of Police Service of Northern Ireland (NI), heard 15-16 November 2016.
R (Miller & Dos Santos) v Secretary of State for Exiting the European Union, heard 5-8 December 2016.
Illott v The Blue Cross & Ors, heard 12 December 2016.
Gordon v Scottish Criminal Cases Review Commission (Scotland), heard 13 December 2016.
BPE Solicitors & Anor v Hughes-Holland (in substitution for Gabriel), heard 14-15 December 2016.
N v ACCG & Anor, heard 14-15 December 2016.
Home and Communities Agency v J S Bloor (Wilmslow) Ltd, heard 12 January 2017.
In the Matter of EV (a child) (Scotland); In the Matter of EV (a child) No.2 (Scotland), heard 12 January 2017.