In the Supreme Court w/c 2nd July 2012
02 Monday Jul 2012
Starting on Monday 2 July 2012 in the Supreme Court is the two day appeal of Secretary of State for Foreign and Commonwealth Affairs and anor v Yunus Rahmatullah in front of a panel of seven (L Phillips, L Hale, L Kerr, L Dyson, L Wilson, L Reed, L Carnwath). In this matter the Secretary of State is appealing the Court of Appeal’s decision to grant a writ of habeas corpus to the respondent, a Pakistan national who had been captured by UK forces in a US controlled area of Iraq in 2004. The question for the Supreme Court is whether a writ of habeas corpus can be issued where a respondent has sufficiently arguable control of an applicant, and whether the Court of Appeal failed to have proper regard to the implications for foreign relations in requiring a request for release to be made to a foreign sovereign state. Here are the case details.
In Courtroom 2 on Tuesday 3 July 2012 is the one day hearing of Solihull Metropolitan Borough Council v Hickin, in which the Supreme Court is to clarify whether on the death of one of two joint tenants of a tenancy which is secure under the Housing Act 1985 Pt IV the tenancy will vest in the resident child of the deceased tenant by virtue of the succession provisions in the Act, rather than the non-resident joint tenant by virtue of the common law doctrine of survivorship. Please visit here for the case details.
From Wednesday until Thursday 5 July 2012 the Court was to hear the matter of Bank Mellat v Her Majesty’s Treasury. The appellant is an Iranian privately owned commercial bank. Under the Counter-Terrorism Act 2008 Schedule 7 the Treasury made an order which precluded any UK financial institution or person from entering into or continuing to participate in any transaction or business relationship with the bank, which is seeking to challenge the lawfulness of this order under the statutory right of appeal contained in the CTA s63. It is for the Supreme Court to determine whether the order is in breach of the rules of natural justice, and/or ECHR Art 6, and/or the procedural obligation in ECHR A1P1. Case details are available here. The case has now been adjourned.
In Courtroom 2 on Wednesday 4 July 2012 is a further hearing of O’Brien v Ministry of Justice, following its reference to the ECJ. It concerns whether part-time judges have any right to membership of the judicial pension scheme. Case details are unavailable for this matter.
On Wednesday 4 July 2012 the Supreme Court will hand down judgment in the following: Phillips v Mulcaire and Gow v Grant.
There are no hearings or hand-downs scheduled in the Privy Council this week.
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.
Perry & Ors v Serious Organised Crime Agency and Perry & Ors (No. 2) v Serious Organised Crime Agency, heard 20 – 23 March 2012.
R v Waya, heard 27 – 30 March 2012.
R (Alvi) v Secretary of State for the Home Department, heard 24 – 27 April 2012.
Secretary of State for the Home Department v Munir & Anor, heard 24 – 27 April 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.
Rubin & Anor v Eurofinance SA & ors, heard 21 – 24 May 2012.
SerVaas Incorporated v Rafidian Bank & Ors, heard 28 – 29 May 2012.
The Health and Safety Executive v Wolverhampton City Council, heard 13 – 14 June 2012.
RT (Zimbabwe) v Secretary of State for the Home Department and KM v Secretary of State for the Home Department, heard 18 – 19 June 2012.
Hamilton (Tullochgribban Mains) Ltd) v The Highland Council & Anor, heard 20 – 21 June 2012.
T (Children), heard 25 June 2012.
Hewage v Grampian Health Board, heard 26 June 2012.
R v Varma, heard 27 – 28 June 2012.