In the Supreme Court w/c 18 July 2016
18 Monday Jul 2016
Hearings in the Supreme Court are now shown live on the Court’s website.
On Tuesday 19 July, The Supreme Court will hear the appeal in SXH v Crown Prosecution Service in a case that considers whether the decision to prosecute an asylum seeker for entering the United Kingdom with false travel documents was contrary to ECHR, art 8. This will be heard in Court 2 from 10.00am.
On Wednesday 20 July, it will hand down judgments in the following cases:
Patel v Mirza. The panel will be Lord Neuberger, Lady Hale, Lord Mance, Lord Kerr, Lord Clarke, Lord Wilson, Lord Sumption, Lord Toulson and Lord Hodge. It will consider whether the respondent can recover money it transferred to the appellant as part of a contract entered into to facilitate insider dealing, which amounted to a contract for an illegal purpose. The respondent only withdrew from the contract at the point that it could no longer be performed, where the inside information did not materialise.
Willers v Joyce & Anor (in substitution for and in their capacity as executors of Albert Gubay (deceased)). The panel will be Lord Neuberger, Lady Hale, Lord Mance, Lord Kerr, Lord Clarke, Lord Wilson, Lord Sumption, Lord Reed and Lord Toulson. It will consider whether a tort of malicious prosecution of civil proceedings does or should exist in English law. It will also consider the extent to which Privy Council decisions made by a board formed solely of serving Supreme Court Justices and based on English law interpretation is legal precedence in England and Wales.
Versloot Dredging BV & Anor v HDI Gerling Industrie Versicherung AG & Ors. The panel will be Lord Mance, Lord Clarke, Lord Sumption, Lord Hughes and Lord Toulson. It will consider whether the rule by which a fraudulent insurance claim precludes recovery under the policy applies to fraudulent means or devices. If this is the case, the Supreme Court will assess this for compatibility with ECHR, A1P1 (the right to property).
Judgments will be handed down in Court 1 from 9.45am
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.
Patel v Mirza, heard 16-18 February 2016.
R (MM) & Ors v Secretary of State for the Home Department and another case,heard 22–24 February 2016.
R (MA & Ors) v Secretary of State for Work and Pensions & other cases, heard 29 February-2 March 2016.
Willers v Joyce & Anor (in substitution for and in their capacity as executors of Albert Gubay (deceased)), heard 7 March 2016.
The Christian Institute & Ors v The Lord Advocate (Scotland), heard 8–9 March 2016.
Versloot Dredging BV & Anor v HDI Gerling Industrie Versicherung AG & Ors,heard 16–17 March 2016.
R (Agyarko) v Secretary of state for the Home Department, heard 6–7 April 2016.
Lee-Hirons v Secretary of State for Justice, heard 26 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.
Bailey & Anor v Angove’s PTY Ltd, heard 8 June 2016
R v Golds, heard on 14 June 2016
FirstGroup plc v Paulley, heard on 15 June 2016
Hayward v Zurich Insurance Company plc, heard on 16 June 2016
Secretary of State for the Home Department v FV (Italy), heard on 21 June 2016
Hastings Borough Council v Manolete Partners plc, heard on 23 June 2016
R (Hicks & Ors) v Commissioner of Police for the Metropolis, heard on 28-29 June 2016
Impact Funding Solutions Ltd v AIG Europe Insurance Ltd, heard on 30 June 2016
R (Ingenious Media Holdings plc & Anor) v Commissioners for Her Majesty’s Revenue and Customs, heard on 4 Jul 2016
MB v Secretary of State for Work and Pensions, heard on 5 July 2016
R v Mitchell, heard on 7 July 2016
AB v Her Majesty’s Advocate (Scotland), heard on 11 July 2016
Moreno v The Motor Insurers’ Bureau, heard 12-13 July 2016