In the Supreme Court w/c 20 July 2015
20 Monday Jul 2015
Hearings in the Supreme Court are now shown live on the Court’s website.
On Tuesday 21 July the Supreme Court will hear the joined appeals of Cavendish Square Holding BV v Talal El Makdessi; ParkingEye Ltd v Beavis concerning whether the rules against penalty clauses applied to commercial contracts between sophisticated parties and, if so, if the clauses in the present cases are within the scope and are therefore enforceable. It will be heard in Court 1 from 10.30am and will continue on Wednesday and Thursday.
On Wednesday 22 July 2015 the Court will hand down judgment in the following: Beghal v DPP regarding the Terrorism Act 2000, Sch 7, and whether it engages the ECHR, Arts 5, 6, and 8. It involved the appellant being stopped and searched upon arrival to East Midlands Airport and subsequently questioned by Police Officers from Leicestershire Constabulary after visiting her husband who was being held in French custody in relation to terrorist offences; Coventry & Ors v Lawrence & Anor regarding whether parts of the costs regime introduced by the Access to Justice Act 1999, and in particular a claimant’s right to recover any success fee and ATE premium from an unsuccessful defendant, infringed the rights under ECHR, art 6 and/or A1P1; Hunt v North Somerset Council regarding the respondent Council’s decision to cut its funding to the Youth Services budget for the year 2012/13. The Court must decide whether the Court of Appeal was wrong to rule that the appellant, alleging that the Council had failed to discharge its consultation duties under the Education Act 1996, s 507B, and have due regard to the public sector equality duty, should not receive any relief at all and ordering him to pay the Council’s costs; Glengary Overseas Ltd v JKX Oil & Gas Plc and another case concerning the application of one of the respondent’s articles of association regarding the holding of specified shares to restrictions; and R (Champion) v North Norfolk District Council & Anor regarding whether the Council could properly conclude that an Appropriate Assessment or an Environmental Impact Assessment was not required in the granting of planning permission for a development because it was not likely to have a significant impact on the environment. These will be handed down in Court 2 from 9.45am.
On Monday 20 July the Privy Council will hand down judgment in Robinson v The State (Trinidad and Tobago). This will not be handed down in Court.
The following Supreme Court judgments remain outstanding:
PwC v SAAD Investments Company Ltd (In Liquidation), heard 29-30 April.
Beghal v DPP, heard 12 November 2014.
Coventry & Ors v Lawrence & Anor, heard 9-10 & 12 February 2015.
Woolway v Mazars, heard 11 February 2015.
R (Bourgass & Anor) v Secretary of State for Justice, heard 16-17 February 2015.
Shahid v Scottish Ministers (Scotland), heard 18 February 2015.
R (Ali) v Secretary of State for the Home Department and another case, heard 25-26 February 2015.
Mirga v Secretary of State for Work and Pensions; Samin v Westminster City Council, heard on 6-7 March 2015.
R v Harvey, heard 24 March 2015.
Keyu & Ors v Secretary of State for Foreign and Commonwealth Affairs & Anor, heard 22-23 April 2015.
Hunt v North Somerset Council, heard 29 April 2015.
Secretary of State for Work & Pensions v Tolley (Deceased acting by her personal representative), heard 5-6 May 2015.
Mandalia v Secretary of State for the Home Department, heard 7 May 2015.
In the matter of AR (Children) (Scotland), heard 13 May 2015.
Glengary Overseas Ltd v JKX Oil & Gas Plc and another case, heard 18-19 May 2015.
Sharland v Sharland; Gohil v Gohil, heard 8-10 June 2015.
John Mander Pension Scheme Trustees Limited v Commissioners for Her Majesty’s Revenue and Customs, heard 16 June 2015.
Bank of Cyprus UK Ltd v Menelaou, heard 17-18 June 2015.
R (Bancoult No 2) v Secretary of State for Foreign and Commonwealth Affairs, heard 22 June 2015.
R (Champion) v North Norfolk District Council & Anor, heard 23 June 2015.
R (Tigere) v Secretary of State for Business, Innovation and Skills, heard 24-25 June 2015.heard 24-25 June 2015.
British American Tobacco Denmark A/S & Ors v Kazemier Transport BV and another case, heard 29 June 2015.
R v McGeough (Northern Ireland), heard 9 July 2015.
Hainsworth v Ministry of Defence, heard 14 July 2015.
The United States of America v Nolan, heard 15 July 2015.