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On Monday 19 until Wednesday 21 November 2012 in Courtroom 2 is the three day hearing of the linked appeals of R (Faulkner) v Secretary of State for Justice & Anor and R (Faulkner) v Secretary of State for Justice & The Parole Board. The appellant (or respondent in the cross-appeal) in this matter was due a parole hearing in January 2008, but due to delays on the part of the Secretary of State it did not take place until January 2009. The Court of Appeal found that on the balance of probabilities the appellant would have likely been released in March 2009, but for the delay. The matter has been referred to the Supreme Court to determine the correct approach to quantification of damages for violations of ECHR, art 5(4).
In Courtroom 1 from Wednesday 21 November 2012 listed for 1.5 days is O’Brien v Ministry of Justice, which is a further hearing following a reference to the ECJ that the Supreme Court ordered in July 2010. This matter concerns whether part-time judicial office holders should qualify for judicial pensions on retirement under the Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, Reg 17. The UKSC Blog case preview is available here, and the Court’s case details are here.
On Wednesday 21 November 2012 the Supreme Court will hand down judgment in the following: Local Government (Wales) Bill 2012 (AG’s Reference), Al-Sirri v Secretary of State for the Home Department, DD (Afghanistan) v Secretary of State for the Home Department, The Rugby Football Union v Consolidated Information Services Ltd, and The Catholic Child Welfare Society & Ors v Various claimants & Ors.
On Thursday 22 November 2012 in the Privy Council is the appeal of Director General, Mauritius Revenue Authority v Central Water Authority. It is for the Judicial Committee to determine whether the Supreme Court of Mauritius was correct in holding that the respondent was entitled to credit for input tax on the cost of acquiring water meters and providing infrastructure works. Case details are available here.
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.
Societe Generale v Geys, heard 17 October 2012.
RM v The Scottish Ministers, heard 23 October 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.
Imperial Tobacco Ltd v The Lord Advocate, heard 12 – 15 November 2012.
VTB Capital plc v Nutritek International Corp & Ors, heard 12 – 14 November 2012.
