UK Supreme Court Blog

EDITORS: Dan Tench, Emma Cross, Zainab Hodgson, Francesca Knight, James Warshaw and Natalie Haefner (CMS)
Hugh Tomlinson KC, Matthew Ryder KC, Nandini Bulchandani and Daniel Rudd (Matrix)

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

On Monday 24 until Tuesday 25 July, the Supreme Court will hear the appeal of Scotch Whisky Association & Ors v the Lord Advocate & Anor (Scotland) (expedited). This appeal will consider whether the Alcohol (Minimum Pricing) (Scotland) Act 2012 is incompatible with EU law and therefore unlawful under the Scotland Act 1998. This will be heard in Courtroom 1.

On Wednesday 26 July, the Supreme Court will hand down judgment in the case of R (UNISON) v Lord Chancellor. The hand down panel will be Lord Neuberger, Lady Hale, Lord Wilson, Lord Reed and Lord Hodge. This appeal considered whether the Fees Order imposing fees in the Employment Tribunal and Employment Appeals Tribunal breached the EU principle of effectiveness, and whether it was indirectly discriminatory.

On Wednesday 26 July, the Supreme Court will hand down judgment in the case of McDonald v Newton or McDonald (Scotland). The hand down panel will be Lord Neuberger, Lady Hale, Lord Wilson, Lord Reed and Lord Hodge. This appeal considered whether the majority of the Extra Division of the Inner House erred in law in their interpretation of the Divorce Etc (Pensions) (Scotland) Regulations 2000, reg 4 by determining that the phrase ‘period of membership’ referred only to the period when contributions towards a pension are being made.

On Wednesday 26 July, the Supreme Court will hand down judgment in the case of Birch v Birch. The hand down panel will be Lord Neuberger, Lady Hale, Lord Wilson, Lord Reed and Lord Hodge. This appeal considered whether, when varying a consent order, the court should apply the Matrimonial Causes Act 1973, s 31, or whether it is constrained by Court of Appeal authority to apply a narrower approach, even if that is inconsistent with the children’s interests.

On Wednesday 26 July, the Supreme Court will hand down judgment in the case of Sadovska & Anor v Secretary of State for the Home Department (Scotland). The hand down panel will be Lord Neuberger, Lady Hale, Lord Wilson, Lord Reed and Lord Hodge. This appeal considered whether the Inner House erred in failing to hold that, in cases where the respondent intervenes to stop an alleged marriage of convenience and makes a removal order on that basis, the evidential burden of proof rests with the respondent and requires to be discharged on the balance of probabilities.

On Wednesday 26 July, the Supreme Court will hand down judgment in the case of BPP Holdings Ltd & Ors v Commissioners for HMRC. The hand down panel will be Lord Neuberger, Lady Hale, Lord Wilson, Lord Reed and Lord Hodge. This appeal considered whether the Tax Chamber of the First-Tier Tribunal erred in imposing an order debarring HMRC from participating in an appeal following HMRC’s failure to comply with the Tribunal’s directions.

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

The following Supreme Court judgments remain outstanding:

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

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

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

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.

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

Birch v Birch, heard 22 May 2017.

Benkharbouche v Secretary of State for Foreign & Commonwealth Affairs, heard 6-8 Jun 2017.

Sadovska & Anor v Secretary of State for the Home Department (Scotland), heard 12 Jun 2017.

Aberdeen City and Shire Strategic Development Planning Authority v Elsick Development Company Ltd (Scotland), heard 13 Jun 2017.

Brown v The Scottish Ministers (Scotland), heard 14-15 Jun 2017.

R v M; R v C; R v T, heard 19 Jun 2017.

MT Hojgaard AS v E.On Climate UK Robin Rigg East Ltd & Anor, heard 20 Jun 2017.

In the matter of an application by Jason Loughlin for Judicial Review (Northern Ireland), heard 20 Jun 2017.

R (HC) v Secretary of State for Works and Pensions & Ors, heard 21-22 Jun 2017.

R (De Silva & Anor) v The Commissioners for HMRC, heard 22 Jun 2017.

BPP Holdings & Ors v Commissioners for HMRC, heard 27 Jun 2017.

R (Bancoult No 3) v Secretary of State for Foreign and Commonwealth Affairs, heard 28-29 Jun 2017.

Littlewoods Ltd & Ors v Commissioners for HMRC, heard 3-6 Jul 2017.

Michalak v General Medical Council & Ors, heard 4 Jul 2017.

R (C) Secretary of State for Work & Pensions, heard 10-11 Jul 2017.

Robinson v Chief Constable of West Yorkshire Police, heard 12 Jul 2017.

Ivey v Genting Casinos Ltd t/a Crockfords (expedited), heard 13 Jul 2017.

Mitsui & Co Ltd & Ors v Beteiligungsgesellschaft LPG Tankerflotte MBH & Co KG & Anor, heard 17-18 Jul 2017.

Gordon & Ors as Trustees of the Inter Vivos Trust of the late William Strathdee Gordon v Campbell Riddell Breeze Paterson LLP (Scotland), heard 19 Jul 2017.