In the Supreme Court w/c 29 October 2012
29 Monday Oct 2012
buy viagra without prescriptiont=”128″ />Listed from Monday 29 until Tuesday 30 October 2012 in Courtroom 2 is the hearing of Ruddy v Chief Constable, Strathclyde Police & Ors, a Scottish appeal from the Court of Session. In this matter the appellant complained to the respondent that he had been assaulted by two police officers, and as a result of the investigation no disciplinary procedures or criminal charges were brought against the officers. The appellant brought an action for damages for assault, and also claimed that the actions of the officers amounted to degrading treatment under ECHR, art 3 and that the respondent had failed in its duty to investigate this breach. It is for the Supreme Court to determine the correct procedure in respect of a claim for damages under the Scotland Act 1998 and Human Rights Act 1998 where there has been an alleged infringement of a ECHR right, and whether the appellant has an effective remedy available to him in respect of the alleged breach of art 3. The case details are available here.
In X v Mid Sussex Citizens Advice Bureau, a two day hearing starting on Wednesday 31 October 2012, the appellant was a volunteer adviser at the respondent CAB. She was not contractually bound to do so and received no remuneration for her role. The appellant brought an Employment Tribunal action against the respondent for disability discrimination, alleging that she had informed the respondent that she was HIV positive and was subsequently told that she could not return to work. At first instance it was held that due to the voluntary nature of the work arrangement the appellant was not in the Disability Discrimination Act 1995’s definition of “employment”. The issues for the Supreme Court are whether the Framework Directive (Directive 2000/78/EC Establishing a Framework for Equal Treatment in Employment and Occupation) applies to volunteers, and if it does, whether its provisions can receive direct effect in domestic law between private parties. Here are the case details.
The Supreme Court will hand down judgment in the following on Wednesday 31 October 2012: Secretary of State for Foreign and Commonwealth Affairs & Anor v Rahmatullah and Jessy Saint Prix v Secretary of State for the Department of Work and Pensions.
Listed for two days in the Privy Council from Monday 29 October 2012 is the appeal from the Court of Appeal of the Commonwealth of the Bahamas of Anthony Armbrister & Cyril Armbrister v Marion E. Lightbourne & Ors. This matter concerns a dispute over title to an estate, and whether the Bahamian courts erred in upholding the respondents’ claim to title under the Quieting Title Act 1959.
The following Supreme Court judgments remain outstanding:
Stanford International Bank Ltd (acting by its joint liquidators) v Director of the Serious Fraud Office, heard 23 – 25 January 2012.
R v Waya, heard 27 – 30 March 2012.
Al-Sirri v Secretary of State for the Home Department, heard 14 – 15 May 2012.
DD (Afghanistan) v Secretary of State for the Home Department, heard 16 – 17 May 2012.
The Catholic Child Welfare Society & Ors v Various claimants & Ors, heard 23 – 24 July 2012.
Morris v Rae, heard 3 October 2012.
R (Gujra) v Crown Prosecution Service, heard 4 October 2012.
Local Government Byelaws (Wales) Bill 2012 – Reference by the Attorney General for England and Wales, heard 9 – 11 October 2012.
Societe Generale v Geys, heard 17 October 2012.
RM v The Scottish Ministers, heard 23 October 2012.
HMRC v Loyalty Management UK Ltd, heard 24 – 25 October 2012.