Share it

Hearings in the Supreme Court are now shown live on the Court’s website.

On Monday 20 February, the Judicial Committee of the Privy Council will hear the appeal of Scott v AG & Anor (Bahamas). This will consider what the proper approach is to the assessment of general damages for pain, suffering and loss of amenities. It will particularly look at whether damages assessed by reference to the English Judicial Studies Board Guidelines (“the JSB Guidelines”) should be adjusted upwards to reflect the higher cost of living in the Bahamas. This will be sitting in the Commonwealth of the Bahamas Court of Appeal.

On Tuesday 21 February, the Judicial Committee of the Privy Council will hear the appeal of AG v Knowles & Anor (Bahamas). This will consider whether the Bahamian Proceeds of Crime Act (“POCA”) requires a formal application to the AG by a foreign state, before the AG applies to the Supreme Court to register an external confiscation order made in the foreign state. This will be sitting in the Commonwealth of the Bahamas Court of Appeal.

On Tuesday 21 February, the Supreme Court will hear the appeal of R (Coll) v Secretary of State for Justice. This will consider whether the arrangements for placing prisoners in Approved Premises upon release from custody give rise to unlawful sex discrimination, either direct or indirect. This will be heard in Courtroom 2.

On Wednesday 22 February, the Judicial Committee of the Privy Council will hear the appeal of Archer & Anor v Fabian Investments Ltd & Ors (Bahamas). This will consider a dispute over the legal and beneficial entitlement to shares in a Bahamas company. It will consider whether the CA findings against the Appellants were wrong where no defence or contradictory evidence were filed at first instance, whether the CA’s approach to evidence was wrong including allowing submissions from a fourth Respondent who failed to file a Defence, and whether the CA wrongly departed from its own precedent. This will be sitting in the Commonwealth of the Bahamas Court of Appeal.

On Wednesday 22 to Thursday 23 February, the Supreme Court will hear the appeals of Suffolk Coastal District Council v Hopkins Homes Ltd & Anor and Richborough Estates Partnership LLP & Anor v Cheshire East Borough Council. These cases arise from the refusal of permission to developers to build houses and will consider the meaning and effect of National Planning Policy Framework, para 49. This will be heard in Courtroom 2.

On Wednesday 22 February, the Supreme Court will hand down the judgments in R (MM) (Lebanon) v Secretary of State for the Home Department; R (Abdul Majid) (Pakistan) v Secretary of State for the Home Department; R (Master AF) v Secretary of State for the Home Department; R (Shabana Jawed) (Pakistan) v Secretary of State for the Home Department; and SS (Congo) v Entry Clearance Officer, Nairobi. The hand down panel will be Lady Hale, Lord Carnwath and Lord Hodge. These cases considered whether the introduction into the Immigration Rules of a Minimum Income Requirement for a UK citizen or resident wishing to bring a non-EEA spouse or partner into the UK is in breach of ECHR, art 8, is unlawfully discriminatory, and/or is irrational. The final case also considered whether applicants who failed to satisfy the Immigration Rules are required to establish exceptional or compelling circumstances to obtain entry clearance under ECHR, art 8.

On Wednesday 22 February, the Supreme Court will hand down the judgments in R (Agyarko) v Secretary of State for the Home Department and R (Ikuga) v Secretary of State for the Home Department. The hand down panel will be Lady Hale, Lord Carnwath and Lord Hodge. These cases considered whether the requirement that an applicant who formed a relationship with a British citizen whilst in the UK unlawfully must demonstrate “insurmountable obstacles” to be granted leave to remain in the UK under the Immigration Rules is compliant with the ECHR, art 8. They also considered whether the tests of ‘exceptionality’, ‘exceptional circumstances’ or ‘compelling circumstances’ are compliant with ECHR, art 8 where applicants for leave to enter or remain do not satisfy the Immigration Rules.

On Wednesday 22 February, the Supreme Court will hand down the judgment in Homes & Communities Agency v J S Bloor (Wilmslow) Ltd. The hand down panel will be Lady Hale, Lord Carnwath and Lord Hodge. This case considered whether, in disregarding the increase or diminution in value of a side acquired compulsorily which is attributable to other land subject to the same compulsory purchase order, it is permissible to modify the planning status of the site in question.

On Thursday 23 February, the Judicial Committee of the Privy Council will hear the appeal of Commodore Royal Bahamas Defence Force & Ors v Laramore (Bahamas). This will consider whether the Court of Appeal was wrong to decide whether the appellant interfered with the respondent’s ability to fulfil the ordinary obligations of the Muslim faith by requiring him to remain on formation during prayers instead of allowing him to fall out. This will be sitting in the Commonwealth of the Bahamas Court of Appeal.

On Friday 24 February, the Judicial Committee of the Privy Council will hear the appeal of Junkanoo Estate Ltd & Ors v UBS Bahamas Ltd. This will consider whether the Court of Appeal erred in refusing to consider the appellants’ appeal against a summary judgment order on the basis that they had failed to first seek leave to appeal from the Supreme Court; and failed to accord due weight to the appellants’ claim that they were not afforded a sufficient hearing before the summary judgment order was made. This will be sitting in the Commonwealth of the Bahamas Court of Appeal.

A full list of the cases scheduled for the Hilary term can be found here.

The following Supreme Court judgments remain outstanding:

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.

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.

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.

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.

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.

PNM v Times Newspapers Ltd & Ors, heard 17 Jan 2017.

Times Newspaper Ltd v Flood; Miller v Associated Newspapers Ltd; Frost & Ors v MGN Ltd, heard 24-26 January 2017.

Isle of Wight Council v Platt, heard 31 January 2017.

Hartley & Ors v King Edward VI College, heard 1 February 2017.

IPCO (Nigeria) Ltd v Nigeria National Petroleum Corp, heard 2 February 2017.

Plevin v Paragon Personal Finance Ltd, heard 6 February 2017.

Wood v Capita Insurance Services Ltd, heard 7 February 2017.

Armes v Nottinghamshire County Council, heard 8-9 February 2017.

Poshteh v Royal Borough of Kensington and Chelsea, heard 14 February 2017.

R (Kiarie) v Secretary of State for the Home Department; R (Byndloss) v Secretary of State for the Home Department, heard 15-16 February 2017.