In the Supreme Court w/c 27 March 2017
27 Monday Mar 2017
Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 27 March and Tuesday 28 March, the Supreme Court will hear the appeal of R (UNISON) v Lord Chancellor. This will consider whether the Fees Order in the Employment Tribunal and Employment Appeals Tribunal breached the EU principle of effectiveness, and whether it was indirectly discriminatory. This will be heard in Courtroom 1.
On Wednesday 29 March, the Supreme Court will hand down the judgment in the case of Plevin v Paragon Personal Finance Ltd. The hand down panel will be Lord Clarke, Lord Sumption, and Lord Hodge. This appeal considered whether the Respondent’s After the Event (ATE) insurance premium in respect of the main appeal is recoverable from the Appellant, and specifically whether proceedings in the Supreme Court are the same proceedings commenced by the Appellant in 2009.
On Wednesday 29 March, the Supreme Court will hand down the judgment in the case of Wood v Capita Insurance Services Ltd. The hand down panel will be Lord Clarke, Lord Sumption, and Lord Hodge. This appeal considered what the correct approach is to contractual interpretation. Specifically, it considered whether interpreting a contract in a court should first construe the term in question literally before then asking whether business common sense or other considerations dictate a different interpretation.
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.
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.
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 Coastal District Council v Hopkins Homes & Anor; Richborough Estate Partnership LLP & Anor v Cheshire East Borough Council, heard 22 and 23 Feb 2017.
Nuclear Decommissioning Authority v Energy Solutions EU Ltd (now called ATK Energy EU Ltd), heard on 1-2 Mar 2017.
Lord Advocate (representing the Taiwanese Judicial Authorities & Anor) v Dean (Scotland), heard on 6 Mar 2017.
Keefe (by his litigation friend Eyton) v Hoteles Pinero Canarias SL, heard 7 Mar 2017.
Miller & Ors v Ministory of Justice; O’Brien v Ministry of Justice; and Walker v Innospec Ltd & Ors, heard 8-9 Mar 2017.
Commissioner of Police of the Metropolis v DSD & Anor, heard 13-14 Mar 2017.
RFC 2012 Plc (in liquidation) (formerly The Rangers Football Club Plc) v Advocate General for Scotland (Scotland), heard 15-16 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.