In the Supreme Court w/c 27 February 2017
27 Monday Feb 2017
Hearings in the Supreme Court are now shown live on the Court’s website.
On Wednesday 1 March and Thursday 2 March, the Supreme Court will hear the appeal of Nuclear Decommissioning Authority v Energy Solutions EU Ltd. This will consider whether, in a claim for damages under the Public Contracts Regulations 2006, the Francovich condition that the infringement be “sufficiently serious” must be met, and whether the Court of Appeal erred in holding that the Respondent’s failure to issue proceedings before the contract was concluded did not break the chain of causation between the breach and the loss.
On Wednesday 1 March, the Supreme Court will hand down the judgment in AMT Futures Ltd v Marzillier & Ors. The hand down panel will be Lord Mance, Lord Reed and Lord Hodge. This case considered whether the English Court has jurisdiction to try this case, involving the provision of brokerage services for individual investors mainly based in Germany, under Regulation No 44/2001 (‘Brussels I’).
On Wednesday 1 March, the Supreme Court will hand down the judgment in Newbigin (Valuation Officer) v S J & J Monk (a firm). The hand down panel will be Lord Mance, Lord Reed and Lord Hodge. This case considered, where a commercial property has been stripped out for renovation, what physical state it is assumed to be in for the purpose of liability for rates.
On Wednesday 1 March, the Supreme Court will hand down the judgment in In the matter of EV (a child) (Scotland); In the matter of EV (a child) (No 2) (Scotland). The hand down panel will be Lord Mance, Lord Reed and Lord Hodge. This case considered whether the Inner House erred in inferring that the Lord Ordinary had addressed the threshold test for making an Adoption and Children (Scotland) Act 2007, s 84(5) permanence order in the absence of express reasoning. It also considered whether allegations against a parent can be taken into account in making such an order where there has been no finding of fact about the allegations, whether taking them into account violates ECHR, art 8, and whether making an order can be made without any effective provision for contact.
On Wednesday 1 March, the Supreme Court will hand down the judgment in IPCO (Nigeria) Ltd v Nigeria National Petroleum Corporation. The hand down panel will be Lord Mance, Lord Reed and Lord Hodge. This case considered whether the English court is entitled to require a party resisting enforcement of a foreign arbitral award to provide security for the money payable under the award as a condition of being entitled to advance a good arguable defence that enforcement should be refused under the Arbitration Act 1996, s 103(3). If not, the Supreme Court was to consider whether the Court of Appeal’s Order infringes on this principle on the particular facts of this case.
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.
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.
AB v Her Majesty’s Advocate (Scotland), heard on 11 July 2016.
SXH v Crown Prosecution Service, heard 19 July 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.
Home Office v Essop & Ors; Naeem v Secretary of State for Justice, heard 14-15 November 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.
PNM v Times Newspapers Ltd & Ors, heard 17 Jan 2017.
Times Newspaper Ltd v Flood; Miller v Associated Newspapers Ltd; Frost & Ors v MGN Ltd, heard 24-26 January 2017.
Isle of Wight Council v Platt, heard 31 January 2017.
Hartley & Ors v King Edward VI College, heard 1 February 2017.
Plevin v Paragon Personal Finance Ltd, heard 6 February 2017.
Wood v Capita Insurance Services Ltd, heard 7 February 2017.
Armes v Nottinghamshire County Council, heard 8-9 February 2017.
Poshteh v Royal Borough of Kensington and Chelsea, heard 14 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.
Suffolk Coatal District Council v Hopkins Homes & Anor; Richborough Estate Partnership LLP & Anor v Cheshire East Borough Council, heard 22 and 23 Feb 2017.