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

On Monday 22 May, the Supreme Court will hear the appeal of Birch v Birch. This appeal will consider, when varying a consent order, should the court apply the Matrimonial Causes Act 1973, s 31, or is it constrained by Court of Appeal authority to apply a narrower approach, even if that is inconsistent with the children’s interests. This will be heard in Courtroom 2.

On Monday 22 until Tuesday 23 May, the Judicial Committee of the Privy Council will hear the appeal of Chen v Ng (British Virgin Islands). This appeal will consider whether the Courts below had jurisdiction to determine the appellant’s action having regard to the Board’s decision in Nilon Ltd v Royal Westminster Investments SA [2015] UKPC 2. It will also consider whether the Judge was entitled to reject the appellant’s evidence as to the reason why he transferred certain shares to Madam Chen and whether he was bound or estopped by the terms of the transfer and related documents which he had signed, and whether a resulting trust should be presumed. This will be heard in Courtroom 3.

On Wednesday 24 until Thursday 25 May, the Judicial Committee of the Privy Council will hear the appeal of Pearson v Primeo Fund (Cayman Islands). This appeal will consider the correct construction of the Companies Law (2013 Revision), s 37(7) which provides that where a company is being wound up, and where there are ‘shares which are or are liable to be redeemed [but which] have not been redeemed’, the terms of the redemption may be enforced against the company, unless the redemption date would be after the commencement of the winding up. The construction issue focuses on whether the subsection applies to (i) shares where redemption has been and confirmed, but the redemption proceeds have not yet been paid out; and (ii) shares where redemption has been requested, but not confirmed. This will be heard in Courtroom 3.

On Wednesday 24 May, the Supreme Court will hand down the judgment in the case of Hartley & Ors v King Edward VI College. The hand down panel will be Lady Hale, Lord Clarke and Lord Carnwath. This appeal considered what the correct approach is to quantifying the amount an employer can withhold from a teacher who has lawfully gone on strike. In particular it considered what the correct interpretation is of the Apportionment Act 1870, ss 2 and 7, and, if s 7 allows parties to exclude the principle under s 2, whether the parties in the instant case did exclude it.

On Wednesday 24 May, the Supreme Court will hand down the judgment in the case of R (Coll) v Secretary of State for Justice. The hand down panel will be Lady Hale, Lord Clarke and Lord Carnwath. This appeal considered whether the arrangements for placing prisoners in Approved Premises upon release from custody give rise to unlawful sex discrimination, either direct or indirect.

A full list of the cases scheduled for the Easter 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 (A) (a Child) (by her litigation friend B) v Secretary of State for Health, heard 2 November 2016.

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

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

Armes v Nottinghamshire County Council, heard 8-9 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.

R (Coll) v Secretary of State for Justice, heard 21 Feb 2017.

Lord Advocate (representing the Taiwanese Judicial Authorities & Anor) v Dean (Scotland), heard on 6 Mar 2017.

Keefe (by his litigation friend Eyton) v Hoteles Pinero Canarias SL, heard 7 Mar 2017.

Miller & Ors v Ministory of Justice; O’Brien v Ministry of Justice; and Walker v Innospec Ltd & Ors, heard 8-9 Mar 2017.

Commissioner of Police of the Metropolis v DSD & Anor, heard 13-14 Mar 2017.

RFC 2012 Plc (in liquidation) (formerly The Rangers Football Club Plc) v Advocate General for Scotland (Scotland), heard 15-16 Mar 2017.

Taurus Petroleum Ltd v State Oil Marketing Company of the Ministry of Oil, Republic of Iraq (SOMO), heard 21-23 Mar 2017.

SM (Algeria) v Entry Clearance Officer UK Visa Section, heard 23 Mar 2017.

R (UNISON) v Lord Chancellor, heard 27-28 Mar 2017.

Eli Lilly & Co v Actavis UK Ltd & Ors, heard 4-6 Apr 2017.

Arcadia Petroleum Ltd & Ors v Bosworth & Anor, heard 10-11 Apr 2017.

R (Cardiff & Vale University Health Board & Ors) v Ceredigion County Council & Ors, heard 26 Apr 2017.

Goldtrail Travel Ltd (in liquidation) v Onur Air Tasimacilik AS, heard 27 Apr 2017.

P v Commissioner of Police of the Metropolis, heard 3-4 May 2017.

Four Seasons Holdings Incorporated v Brownlie, heard 9-10 May 2017.

McDonald v Newton or McDonald (Scotland), heard 11 May 2017.

R (Hemming (t/a Simply Pleasure Ltd) & Ors) v Westminster City Council, heard 11 May 2017.

Reyes v Al Malki & Anor, heard 15-18 May 2017.