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From Monday 17 December 2012 is In the matter of J (Children), listed for two days in front of a panel of seven (L Hope, L Hale, L Kerr, L Clarke, L Wilson, L Reed and L Carnwath). This matter from the Court of Appeal concerns a previous finding that either one or both of two individuals caused significant harm to their child. Their oldest child was found dead, having suffered numerous injuries. The couple later separated and went on to have other relationships, and children. The local authority discovered the previous court finding, and issued a child protection plan in respect of children living with one of the individuals. The application was dismissed on the grounds that it had not been proven in the previous hearing that the individual had been the perpetrator of the child’s injuries. The Court of Appeal found that the relevant case law was inconsistent in cases where there had been a finding of past harm, but the identity of the actual perpetrator had not been proven to the civil standard. It is for the Supreme Court to determine whether a previous court finding that one or both of two individuals caused significant harm to a child constitutes a “finding of fact” in subsequent proceedings aimed at determining whether there is a real possibility that other children will suffer harm in the care of one or other of those individuals. For a full breakdown of the matter the UKSC Blog case preview is available here, and the UKSC’s case details are here.
On Wednesday 19 December 2012 the Supreme Court will hand down judgment in the following: Kinloch v Her Majesty’s Advocate and Societe Generale, London Branch v Geys.
There are no hearings scheduled in the Privy Council this week.
Term finishes on Thursday 20 December 2012 so these previews will recommence in January.
The following Supreme Court judgments remain outstanding:
Stanford International Bank Ltd (acting by its joint liquidators) v Director of the Serious Fraud Office, heard 23 – 25 January 2012.
HMRC v Loyalty Management UK Ltd, heard 24 – 25 October 2012.
R (on the application of Prudential plc & Anor) v Special Commissioner of Income Tax & Anor, heard 5 – 7 November 2012.
VTB Capital plc v Nutritek International Corp & Ors, heard 12 – 14 November 2012.
R (Faulkner) v Secretary of State for Justice & Anor and R (Faulkner) v Secretary of State for Justice & The Parole Board, heard 19 – 21 November 2012.
O’Brien v Ministry of Justice, heard 21 – 22 November 2012.
Lloyds TSB Foundation for Scotland v Lloyds Banking Group Plc, heard 27 – 28 November 2012.
Daejan Investments Ltd v Benson & Ors, heard 4 December 2012.
B (Algeria) v Secretary of State for the Home Department, heard 5 December 2012.
Zakrzewski v The Regional Court in Lodz, Poland, heard 6 December 2012.
In the matter of Digital Satellite Warranty Cover Ltd & Anor v Financial Services Authority, heard 10 – 11 December 2012.
Financial Services Authority v Sinaloa Gold plc & Ors, heard 12 – 13 December 2012.
