In the Supreme Court w/c 23 January 2017
23 Monday Jan 2017
Hearings in the Supreme Court are now shown live on the Court’s website.
On Tuesday 24 January until Thursday 26 January, the Supreme Court will hear the appeals of Times Newspapers Ltd v Flood; Miller v Associated Newspapers Ltd; and Frost & Ors v MGN Ltd. These appeals will consider whether having to pay the entire costs of the other side, including success fees and insurance premiums arising from a CFA, in a libel case in which it was partly successful violated ECHR art 6 and art 10 rights; and whether similar cost orders in a defamation case are incompatible with ECHR art 10 rights. This will be heard in Courtroom 2.
On Tuesday 24 January, the Privy Council will hear the appeal of University of Technology Jamaica v Industrial Disputes Tribunal & Ors. This appeal considers whether the Industrial Disputes Tribunal (“IDT”) may have regard to matters of which the employer was unaware at the time of the dismissal and which could not form part of the reasons for dismissal, whether its role is to determine whether misconduct (in dismissals for misconduct) occurred or whether the employer had a justifiable basis for believing that it had, what the correct standard of proof is to be used in misconduct dismissals, and whether the IDT may substitute its discretion for the employer’s. This will be heard in Courtroom 3.
On Tuesday 24 January, the Supreme Court will hand down the judgment in R (Miller & Anor) v Secretary of State for Exiting the European Union, with the Reference by the AG for Northern Ireland – In the matter of an application by Agnew & Ors for Judicial Review and the Reference by the Court of Appeal (Northern Ireland) – In the matter of an application by Raymond McCord for Judicial Review. The hand down panel will be … These will determine whether the Government has the power to give notice pursuant to TEU, art 50 of the UK’s intention to withdraw from the EU, without an Act of Parliament providing prior authorisation to do so. The References involve consideration of the impact of the Northern Ireland Act 1998 on the need to have an Act of Parliament.
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.
Akers & Ors v Samba Financial Group, heard 27–28 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.
R (Hicks & Ors) v Commissioner of Police for the Metropolis, heard on 28-29 June 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.
DB v Chief Constable of Police Service of Northern Ireland (NI), heard 15-16 November 2016.
R (Miller & Dos Santos) v Secretary of State for Exiting the European Union, heard 5-8 December 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.