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Starting on Tuesday 7 February 2012 is the two day hearing in front of a panel of seven (Lady Kerr and Lords Phillips, Walker, Kerr, Brown, Dyson and Wilson) of R (KM) (by his mother and litigation friend JM) v Cambridgeshire County Council. The case concerns a 26 year old man with a range of serious mental and physical disabilities which mean he requires significant support in his daily life, and the respondent council are responsible for the provision of his care. Rather than providing direct services the council provides funding, determined by application of a “Resource Allocation Scheme”, and in severe cases such as that of the applicant, additional funding is allocated using an “Upper Banding Calculator”. The applicant’s support needs were independently assessed as costing £157,067. The respondent agreed with the assessment but not the level of funding, awarding the applicant £84,678 annually (comprising the maximum allowable funding through the RAS of £61,000 plus an additional amount). It is for the Supreme Court to determine (1) whether R v Gloucester CC ex p Barry [1997] UKHL 58 was correctly decided and, in consequence, whether Resource Allocation Schemes are a legitimate means for local authorities to apply to determine funding to be made available to persons in need, (2) if Barry was correctly decided, and Resource Allocation Schemes acceptable, what level of explanation must the local authority provide of the sum awarded and (3) whether the respondent’s decision in this case was irrational because the amount awarded was manifestly insufficient to meet the appellant’s assessed eligible needs. Case details are available here.
On Wednesday 8 February 2012 the Supreme Court will hand down judgments in the following: Ravat v Halliburton Manufacturing and Services Ltd (heard 22 November 2011) and Rabone & Anor v Pennine Care NHS Trust (heard 7 – 10 November 2011).
In the Privy Council this week from Tuesday 7 February 2012 over two days are the appeal and cross-appeal of [J & O Operations Ltd & Anor]; Eloise Mulligan and Grace Wong v The Kingston & Saint Andrew Corporation and The Kingston & Saint Andrew Corporation v [J & O Operations Ltd & Anor]; Eloise Mulligan and Grace Wong. These appeals from the Court of Appeal of Jamaica relate to commercial development of over 300 lots in Kingston. Case details are available here and here.
On Wednesday 8 February 2012 the Judicial Committee will hand down judgment in Nigel Brown v The State (Trinidad & Tobago) (heard 20 October 2011).
The following Supreme Court judgments remain outstanding:
R v Waya, heard 5 May 2011.
Flood v Times Newspapers, heard 17 – 18 Oct 2011.
Lehman Brothers International v CRC Credit Fund Ltd and GLC Investments PLC Sub Fund, heard 31 October – 3 November 2011.
Ministry of Defence v AB & Ors, heard 14 – 17 November 2011.
Sugar (Deceased) v BBC & Anor, heard 23 November 2011.
BAI Ltd v Thomas Bates and Son Ltd, BAI Ltd v Durham, Municipal Mutual Insurance Ltd v Zurich Insurance, Municipal Mutual Insurance Ltd v Zurich Insurance Company and Adur District Council and Ors, Independent Insurance Company Ltd v Fleming and Anor, Municipal Mutual Insurance Company v Zurich Insurance Company and Ors, Excess Insurance Company Ltd v Edwards, Excess Insurance Company Ltd v Akzo Nobel UK Ltd and Excess Insurance Company Ltd v Amec plc, heard 5 – 14 December 2011.
In the matter of Peacock, heard 14 December 2011.
Petroleo Brasileiro S.A. v E.N.E. Kos 1 Ltd, heard 12 – 15 January 2012.
Homer v Chief Constable of West Yorkshire Police and Seldon v Clarkson Wright and Jakes (A Partnership), heard 17 – 20 January 2012.
Stanford International Bank Ltd (acting by its joint liquidators) v Director of the Serious Fraud Office, heard 23 – 25 January 2012.
PP v Secretary of State for the Home Department, (formerly VV [Jordan]), PP v Secretary of State for the Home Department, W & BB v Secretary of State for the Home Department and Z, G, U & Y v Secretary of State for the Home Department, heard 30 – 31 January 2012.
Assange v The Swedish Judicial Authority, heard 1 – 2 February 2012.
