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The Supreme Court will, this week, hear a number of conjoined appeals from Scotland.  The appeals in Her Majesty’s Advocate v Ambrose, Her Majesty’s Advocate v G, Her Majesty’s Advocate v M and Her Majesty’s Advocate v P will be heard over three days commencing on Tuesday 28 June 2011 by Lords Hope, Brown, Kerr, Dyson and Clarke (Scotland).

Each of the above cases has been referred from the High Court of Justiciary by requirement of the Lord Advocate for determination of a devolution issue following on from the Supreme Court’s decision in Cadder v Her Majesty’s Advocate in October 2011 (see our posts on Cadder here and here). The Supreme Court held in Cadder that a person detained under section 14 Criminal Procedure (Scotland) Act 1995 had to have access to a lawyer from the time of his first interview unless there were compelling reasons in the particular circumstances of the case that made the presence of a lawyer impracticable.

All the cases involve evidence obtained during interactions between the accused and the police during which the accused was cautioned but did not have access to legal advice: in three of those cases, the Crown has relied or seeks to rely on such evidence and, in the fourth case, the Crown accepts that it cannot rely on such evidence but seeks to rely on evidence from a friend of the accused from whom a statement was taken after the accused had referred to that friend in such an interaction.  The Court will decide whether it would be incompatible with an accused person’s rights under Article 6(1) and 6(3)(c) European Convention on Human Rights for the Crown to lead and rely on such evidence.

On Wednesday 29 June 2011, the Supreme Court will also hand down the judgment in R (on the application of G) v The Governors of X School which was heard on 11 – 12 April 2011. Our case preview is here.

There are two appeals to be heard in the Privy Council this week. First, Adamas Limited v Mrs Yong Ting Ping How Fok Cheung will be heard on Tuesday 28 June 2011 by Lady Hale, Lord Mance and Lord Clarke.  This is an appeal from Mauritius.  The Privy Council case details are here.

To follow is the appeal of The Belize Bank Limited v The Association of Concerned Belizeans and others on Wednesday 29 June 2011 to be heard by Lord Walker, Lady Hale, Lord Mance, Lord Collins of Mapesbury and Lord Clarke.  The Privy Council case details are here.

There are no judgments to be handed down in the Privy Council this week.

Judgments outstanding

The following Supreme Court judgments remain outstanding:

JP Morgan Chase Bank N.A. and another v Berliner Verkehrsbetriebe (BVG) Anstalt des Oeffentlichen Rechts, heard 11 November 2010

Al Rawi and others (Respondents) v The Security Service and others (Appellants), heard 24 -27 January 2011

Home Office (Appellant) v Tariq (Respondent), heard 24 – 27 January 2011

Perpetual Trustee Company Limited v BNY Corporate Trustee Services Limited and Lehman Brothers Special Financing Inc; and Belmont Park Investments PTY Limited v BNY Corporate Trustee Services Limited and Lehman Brothers Special Financing Inc, heard 1 – 3 March 2011.

Lucasfilm Limited and others v Ainsworth and another, heard 7 – 9 March 2011.

NML Capital Ltd v Republic of Argentina, heard 29 – 30 March 2011.

R (McDonald) v Royal Borough of Kensington and Chelsea, heard 4 – 5 April 2011.

Jivraj v Hashwani, heard 6 -7 April 2011.

Kernott v Jones, heard 4 May 2011.

R v Waya, heard 5 May 2011.

Autoclenz Limited v Belcher and others, heard 11 – 12 May 2011.

Scottish Widows plc v Commissioners for Her Majesty’s Revenue and Customs (Scotland), Scottish Widows plc No.2 v Commissioners for Her Majesty’s Revenue and Customs (Scotland) and Scottish Widows plc (Respondent) v Commissioners for Her Majesty’s Revenue and Customs, heard 16 – 19 May 2011.

Gale and another v Serious Organised Crime Agency, heard 23 – 24 May 2011.

R (on the application of Quila and another) (FC) v Secretary of State for the Home Department and R (on the application of Bibi and another) (FC) v Secretary of State for the Home Department, heard 8 – 9 June 2011.

AXA General Insurance Limited and others v The Lord Advocate and others (Scotland), heard 13 -15 June 2011.

R v Smith, heard 16 June 2011.

Houldsworth and another v Bridge Trustees Limited and another and Secretary of State for Work and Pensions, heard 20 – 21 June 2011.

Edwards v Chesterfield Royal Hospital NHS Foundation and Botham v Ministry of Defence, heard 22 – 23 June 2011.

The following Privy Council judgments are awaited:

Romeo Cannonier & Ors v The Queen (St Christopher & Nevis) and Romeo Cannonier v The Queen (St Christopher & Nevis), heard 13 May 2010

The Public Service Appeal Board v Omar Maraj (Trinidad & Tobago), heard 5 October 2010

Rhett Allen Fuller v The Attorney General of Belize, heard 11 – 12 April 2011.

Rajendra Krishna v The Republic of Trinidad and Tobago, heard 13 – 14 April 2011.

Omar Grieves and Others v The Queen, heard 4 May 2011.

Permanent Secretary (Ministry of Foreign Affairs) and Patrick Manning v Feroza Ramjohn, heard 10 – 11 May 2011.

The Honourable Prime Minister Mr Patrick Manning, The Public Service v Ganga Persad Kissoon, heard 12 May 2011.

Winston Gibson v Public Service Commission; Ranjan Rampersad v Commissioner of Police and Police Service Commission; Robert Ramsahai v Teaching Service Commission; Ashford Sankar & Others v Public Service Commission; Gopichand Ganga and Others v Commissioner of Police and Others; and Hermia Tyson-Cuffie v Public Service Commission (Trinidad and Tobago), heard 17 – 19 May 2011.

Consolidated Contractors International Company SAL v Munib Masri, heard 26 May 2011.

The Legal Representative of Succession Paul de Maroussem v The Director-General, Mauritius Revenue Authority, heard 8 June 2011.

Phillip Tillet v The Queen (Belize), heard 9 June 2011.

Antonio Webster v The Attorney General of Trinidad & Tobago, heard 14 June 2011.

Emile Elias & Company Limited v The Attorney General of Trinidad and Tobago, heard 15 June 2011.

Electra Daniel Administrator ad litem for the estate of George Daniel (deceased) v The Attorney General of Trinidad and Tobago, heard 21 June 2011.