In the Supreme Court w/c 30 January 2017
30 Monday Jan 2017
Hearings in the Supreme Court are now shown live on the Court’s website.
On Tuesday 31 January, the Supreme Court will hear the appeal of Isle of Wight Council v Platt. This will consider whether a child’s regular attendance at school outside a specified period where a parent is alleged to have failed to secure the child’s attendance is relevant to whether the offence under the Education Act 1996, s 444(1) has been committed. This will be heard in Courtroom 2.
On Tuesday 31 January, the Privy Council will hear the appeal of Attorney General v Dumas (Trinidad and Tobago). This will consider whether the court has jurisdiction to determine the respondent’s claim for a declaration that the appointments of two members to the Police Service Commission are unconstitutional. This will be heard in Courtroom 3.
On Wednesday 1 February, the Supreme Court will hear the appeal of Hartley & Ors v King Edward VI College. This will consider what the correct approach is to quantifying the amount an employer can withhold from a teacher who has lawfully gone on strike. It will particularly look at the interpretation of the Apportionment Act 1870, s 2 and s 7, and whether s 7 allows parties to exclude the principle under s 2, did the parties do so here. This will be heard in Courtroom 2.
On Wednesday 1 February, the Privy Council will hear the appeal of Akita Holdings Ltd v The Honourable AG of the Turks and Caicos Islands (Turks and Caicos Islands). This will consider whether an owner of land transferred at an undervalue in breach of fiduciary duty may elect between (a) following the land and its improvements in the hands of the knowing recipient; and (b) tracing the value of the underpayment into the land and its improvements. If the former, the Privy Council will then consider whether the knowing recipient can be required to pay by way of profit a proportionate share of the land and improvements. This will be heard in Courtroom 3.
On Wednesday 1 February, the Supreme Court will hand down the judgment in Akers & Ors v Samba Financial Group. The hand down panel will be Lord Mance, Lord Kerr and Lord Hughes. The case considers whether, as a matter of English private international law, equitable proprietary rights can be created in assets situated I a country where the lex situs does not recognise or permit the creation of these rights. This particularly looks at whether a self-declaration of a trust falls within the Convention on the Law Applicable to Trusts and on their Recognition, art 4, and whether the ‘rule’ that Saudi Arabian law does not recognise a separation of equitable and legal title is a non-derogable provision of domestic law for the purposes of the Convention, art 15, and in any event whether this issue was appropriate for a stay/summary judgment procedure.
On Wednesday 1 February, the Supreme Court will hand down the judgment in DB v Chief Constable of Police Service of Northern Ireland (NI). The hand down panel will be Lord Mance, Lord Kerr and Lord Hughes. The case considers whether the Police Service of Northern Ireland misdirected itself as to the extent of its legal powers to stop illegal parades, and what the appropriate standard of review and scope of discretion to be afforded to the police is in making operational decisions concerning public order issues.
On Thursday 2 February, the Supreme Court will hear the appeal of IPCO (Nigeria) Ltd v Nigeria National Petroleum Corporation. This will consider 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 Arbitration Act 1996, s 103(3). If not, the Supreme Court will consider whether the Court of Appeal’s order infringes this principle on the facts of this case. This will be heard in Courtroom 2.
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.
R (MM) & Ors v Secretary of State for the Home Department and another case, heard 22–24 February 2016.
R (Agyarko) v Secretary of state for the Home Department, heard 6–7 April 2016.
Akers & Ors v Samba Financial Group, heard 27–28 April 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.
R (Hicks & Ors) v Commissioner of Police for the Metropolis, heard on 28-29 June 2016.
AB v Her Majesty’s Advocate (Scotland), heard on 11 July 2016.
SXH v Crown Prosecution Service, heard 19 July 2016.
AMT Futures Ltd v Marzillier & Ors, heard 5 October 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.
Newbigin v SJ & J Monk, heard 7 November 2016.
Home Office v Essop & Ors; Naeem v Secretary of State for Justice, heard 14-15 November 2016.
DB v Chief Constable of Police Service of Northern Ireland (NI), heard 15-16 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.
Home and Communities Agency v J S Bloor (Wilmslow) Ltd, heard 12 January 2017.
In the Matter of EV (a child) (Scotland); In the Matter of EV (a child) No.2 (Scotland), heard 12 January 2017.
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