Share it
Listed from Tuesday 25 until Wednesday 26 June 2013 is the appeal of R v Gul, to be heard by a panel of seven (L Neuberger, L Hope, L Hale, L Mance, L Judge, L Kerr and L Reed). The appellant, a British national, has lived in the UK for most of his life. Police officers found videos on his computer that had been uploaded onto websites (including YouTube) that showed attacks by proscribed groups on military targets, including Coalition forces in Iraq and Afghanistan. The videos were accompanied by messages praising those carrying out the attacks. He was charged with offences under the Terrorism Act 2000 and was convicted at a retrial on all but one count and was sentenced to five years’ imprisonment. The issue in this matter for the Supreme Court is whether the definition of “terrorism” in the Terrorism Act 2000 s1 includes military attacks by a non-state armed group against state armed forces in the context of a non-international armed conflict.
On Thursday 27 June 2013 is the matter of Secretary of State for the Home Department v Al-Jedda. The respondent was granted asylum in the UK as a refugee from the regime of Saddam Hussein, and was later granted British nationality in 2000. Under Iraqi law at the time, he lost his Iraqi nationality upon being granted British nationality. He travelled to Iraq in 2004 and was detained by British forces on grounds of suspected involvement with terrorism. In 2007 he was released from detention without charge, but the SSHD made an order under the British Nationality Act 1981 s40(2) to deprive him of his British nationality. SIAC, considering his appeal against the SSHD’s order, determined that the respondent had his Iraqi nationality restored to him by legislative changes following the occupation of Iraq in 2003. The Court of Appeal reversed this decision, and it is for the Supreme Court to determine whether the Court of Appeal was right to conclude that as the respondent was not an Iraqi citizen when the SSHD made an order purporting to deprive him of his British citizenship, the order was unlawful as its effect was to make him “stateless” within the meaning of the British Nationality Act 1981 s 40(4).
On Wednesday 26 June 2013 the Supreme Court will hand down judgment in the following: R v Brown, Abela & Ors v Baadarani, and North & Ors v Dumfries and Galloway Council.
There are no hearings listed in the Privy Council this week.
The following Supreme Court judgments remain outstanding:
Benedetti v Sawiris & Ors, heard 26 – 28 February 2013.
Booth v The Parole Board, Osborn v The Parole Board and In the matter of an application of Reilly for Judicial Review (Northern Ireland), heard 16 – 18 April 2013.
Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd (formerly known as Contour Aerospace Ltd), heard 29 – 30 April 2013.
R (AA) v Secretary of State for the Home Department, heard 6 – 7 May 2013.
R (Sturnham) v Parole Board for England and Wales & Anor, heard 9 May 2013.
Re Nortel Companies; Re Lehman Companies; and Re Lehman Companies (No 2), heard 14 – 16 May 2013.
Re an application by Central Craigavon Ltd for Judicial Review, heard 15 May 2013.
R v Hughes, heard 5 – 6 June 2013.
R (New London College Ltd) v Secretary of State for the Home Department, and R (West London Vocational Training College) v Secretary of State for the Home Department, heard 5 – 6 June 2013.
R (Chester) v Secretary of State for Justice, and McGeoch v Lord President of the Council & Anor, heard 10 – 11 June 2013.
Kapri v Lord Advocate representing the Government of the Republic of Albania, heard 13 June 2013.
Teal Assurance Company Ltd v W R Berkley Insurance (Europe) Ltd & Anor, heard 17 – 18 June 2013.
R (Modaresi) v Secretary of State for Health, heard 19 June 2013.
