In the Supreme Court w/c 25 April 2016
25 Monday Apr 2016
Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 25 April 2016 the Supreme Court will hear the appeal of Ministry of Defence v Iraqi Civilians concerning whether the English court is permitted to take into account, when determining whether as a matter of Iraqi law the claims brought in England are time-barred, the fact that the claimants could not have claimed their rights in Iraq by reason of a provision of Iraqi procedural law which forms no part of the Iraqi law of limitation. This will be heard in Court 1 from 11am.
On Tuesday 26 April it will hear the appeal of Lee-Hirons v Secretary of State for Justice whether the recall of the appellant to hospital under the Mental Health Act 1983, s 42(3), was unlawful and should entitle him to relief, because he was not given adequate reasons at the time the recall warrant was executed, nor within 72 hours. It will be heard in Court 2 from 10.30am.
On Wednesday 27 April it will hand down judgment in R (O) v Secretary of State for the Home Department concerning the appellant’s challenge to her continued detention in Immigration Removal Centres particularly during the period of 24 July 2010 until 6 July 2011 which had resulted in her poor mental health according to a report from a senior psychologist. The court must determine, among a number of other issues, whether immigration detention is in accordance with government policy and what the meaning of the policy restriction is on detention that mental disorders must be “satisfactorily managed”. This will be handed down in Court 1 from 9.45am.
On Wednesday it will also hear the appeal of Akers & Ors v Samba Financial Group regarding whether, as a matter of English private international law, equitable proprietary rights can be created in assets situated in a country where the lex situs does not recognise or permit the creation of such rights, in particular. This will be heard in Court 2 from 10.30am and will continue on Thursday.
On Tuesday 26 April 2016 the Privy Council will hand down judgment in Brown’s Bay Resort Ltd v Pozzoni (Antigua and Barbuda). It will also hear the appeal of Societe des Chasseurs de L’ile Maurice & Ors v The State of Mauritius & Anor (Mauritius) concerning whether the appellants acquired rights to own and possess two or more firearms under the repealed Firearms Act 1940 which are unaffected by the enactment of the Firearms Act 2006. This will be heard in Court 3 following the judgment hand down at 10.30am.
A full list of the cases scheduled for the Easter term can be found here.
The following Supreme Court judgments remain outstanding:
R (Bancoult No 2) v Secretary of State for Foreign and Commonwealth Affairs, heard 22 June 2015.
Belhaj & Anor v Straw & Ors; Rahmatullah v Ministry of Defence & Anor, heard 9-12 November 2015.
R (Nouazli) v Secretary of State for the Home Department, heard 23-24 November 2015.
NYK Bulkship (Atlantic) NV v Cargill International SA, heard 1-2 December 2015.
ZM v Secretary of State for the Home Department (Northern Ireland); HA (Iraq) v Secretary of State for the Home Department, heard 12-14 January 2016.
Asset Land Investment Plc & Anor v The Financial Conduct Authority, heard 13-14 January 2016.
R (O) v Secretary of State for the Home Department, heard 19-20 January 2016.
The Mayor’s Office for Policing and Crime v Mitsui Sumitomo Insurance Co (Europe) Ltd & Ors, heard 21 January 2016.
R (Ismail) v Secretary of State for the Home Department, heard 26-27 January 2016.
Abd Ali Hameed Al-Waheed v Ministry of Defence; Mohammed & Ors v Ministry of Defence & Anor, heard 1-4 February 2016.
Brown & Anor, the Joint Administrators of Loanwell Ltd v Stonegale Ltd (Scotland) and other cases, heard 15 February 2016.
Patel v Mirza, heard 16-18 February 2016.
R(MM) & Ors v Secretary of State for the Home Department and another case, heard 22-24 February 2016.
Airtours Holidays Transport Ltd v Revenue and Customs, heard 25 February 2016.
R (MA & Ors) v Secretary of State for Work and Pensions & other cases, heard 29 February-2 March 2016.
McBride v Scottish Police Authority (Scotland), heard 3 March 2016.
Willers v Joyce & Anor (in substitution for and in their capacity as executors of Albert Gubay (deceased)), heard 7 March 2016.
In the matter of an application by JR55 for Judicial Review (Northern Ireland), heard 8-9 March 2016.
The Christian Institute & Ors v The Lord Advocate (Scotland), heard 8-9 March 2016.
Goluchowski v District Court in Elblag, Poland and another case, heard 14 March 2016.
McDonald (by her litigation friend Duncan J McDonald) v McDonald & Ors, heard 15-16 March 2016.
Versloot Dredging BV & Anor v HDI Gerling Industrie Versicherung AG & Ors, heard 17-17 March 2016.
BNY Mellon Corp Trustee Services Ltd v LGB Capital & Anor, heard 21 March 2016.
PST Energy 7 Shipping LLC & Anor v O.W. Bunker Malta Ltd & Anor, heard 22-23 March 2016.
R (Agyarko) v Secretary of state for the Home Department, heard 6-7 April 2016.
Campbell v Gordon (Scotland), heard 11 April 2016.
Eclipse Film Partners No 35 LLP v Commissioners for Her Majesty’s Revenue and Customs and another case, heard 13-14 April 2016.
R (Public Law Project) v The Lord Chancellor, heard 18 April 2016.
Taiwo v Olaigbe & Anor and another case, heard 20-21 April 2016.
PJS v News Group Newspapers Ltd, heard 21 April 2016.