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There are two appeals being heard in the Supreme Court.  First, on 30 November and 1 December a nine judge panel (Lords Phillips, Hope and Rodger, Lady Hale and Lords Brown, Mance, Judge, Collins and Kerr) will hear the appeal in the case of Norris v Government of United States.  Our case preview can be found here.  Jonathan Sumption QC (fresh from his triumph in the OFT case) appears for Mr Norris, David Perry QC represents the Government of the United States and Liberty, represented by Richard Hermer QC, are intervening.  The Lawyer has a news story about the case here.  Secondly, on 2 and 3 December, a five judge panel (Lords Phillips, Mance, Collins, Kerr and Clarke) will hear the appeal in RTS Flexible Systems v Molkerei Alois Muller GmBH.  Our case preview can be found here.  

On Tuesday 1 December, the Court will hand down judgments in three cases Secretary of State for DEFRA v Meier (heard by the Judicial Committee on 10 and 11 June 2009), R (Barclay) v Secretary of State (heard by the Judicial Committee on 15 and 16 July 2009) and Re I (a child) (heard by the Supreme Court on 12 October 2009).

The Supreme Court website uses a term we have not come across before – telling us that the Court “is set to launch three new judgments” on 1 December 2009.  It also mentions a “Proposed bench for hand-down: L Hope, L Rodger, Baroness Hale, L Brown, L Collins”.  This is an interesting innovation as this was the panel which heard any of the three appeals.  This is a useful innovation (bearing in mind that Lords Scott and Neuberger were parties to the decisions in two of the appeals) although one which does not appear to be expressly contemplated by the rules.

In the Privy Council, on 30 November and 1 December, a three judge panel, Lords Saville and Clarke and Sir Jonathan Parker, will hear the case of O’Connor v Piccott, an appeal from Jamaica concerning the sale of property in Kingston.  The (not very informative) case details are here.  The JCPC has not announced any judgments for next week but then its announcements tend to come late.

We note that on Monday and Tuesday, twelve judges will be sitting in Middlesex Guildhall – all the current Supreme Court justices will the exception of Lord Walker, the Lord Chief Justice and retired Court of Appeal judge Sir Jonathan Parker.

There have been no improvements in the “Case Details” displayed on the Supreme Court and JCPC websites over the past week.  The “Current Cases” has not been substantially updated and no details of permission applications have been provided.  The pre 1 October 2009 cases awaiting judgment are not displayed (although the OFT case made a brief appearance mid week) and the JCPC cases for hearing are only added at the last minute (brief details for O’Connor v Piccott being added mid week).  Next term’s cases are not been added despite the fact that they are being listed.

Judgments awaited

Judgments are awaited in 22 cases (as opposed to 29 a week ago) as follows: 

House of Lords

R v Horncastle, heard 7-9 July 2009

Barratt Homes Limited v DWR Cymru Cyfyngedig heard 27-28 July 2009

Supreme Court

A v Her Majesty’s Treasury, heard 5-8 October 2009

R (A) v B, heard 19 to 20 October 2009

A v Her Majesty’s Treasury (anonymity), heard 22 October 2009

R (E) v Governing Body of JFS, heard 27-29 October 2009

Agbaje v Akinnoye-Agbaje,  heard 3-4 November 2009

AM (Somalia) v Entry Clearance Officer, heard 9 to 12 November 2009

Office of Communications v Information Commissioner, heard 17 November 2009

Tomlinson v Birmingham City Council, heard 23 and 24 November 2009

Re S-B (Children) heard 25 and 26 November 2009

Judicial Committee of the Privy Council:

Mega Management Limited v Southward Ventures Depositary Trust  (The Bahamas), heard 31 March-1 April 2009

The Trinidad and Tobago Civil Rights Association v The Attorney General of Trinidad and Tobago  (Trindidad & Tobago) heard 14 May 200

Cyril Archibold Capron v Government of Turks and Caicos (Turks and Caicos), heard 5 October 2009

Lowell Lawrence v Financial Service Commission, (Jamaica), heard 6 October 2009

A-G of Trinidad & Tobago v Carmel Smith (Trinidad and Tobago), heard 13 October 2009

Herman Ramdass v Marilyn Bahaw-Banan (Trinidad and Tobago), heard 19 October 2009

Josine Johnson and Yuckan Balwant v A-G of Trinidad and Tobago (Trinidad and Tobago), heard 20 October 2009

Nadine Rodriguez v The Minister for Housing of the Government of Gibraltar (Gibraltar) heard 21 October 2009

Theresa Henry v Calixtus Henry (St Lucia) heard 4 November 2009

McNicholls v Judicial and Legal Service Commission (Trinidad and Tobago), heard 9 November 2009

Mossel Jamaica v Office of Utilities Regulation (Jamaica), heard 17 and 19 November 2009