In the Supreme Court w/c 6 February 2017
06 Monday Feb 2017
Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 6 February, the Supreme Court will hear the appeal of Plevin v Paragon Personal Finance Ltd. This will consider whether the approach in Harrison v Black Horse  EWCA Civ 1128 is correct: ie. That the court is prevented from finding an unfair relationship under the Consumer Credit Act 1974, s 140A if there has not been a breach of a regulatory rule in the conduct complained about. It will also consider whether an independent broker acts ‘on behalf of’ a lender for the purposes of s 140A(1) of the act when the broker arranges a loan and insurance. This will be heard in Courtroom 2.
On Tuesday 7 February, the Supreme Court will hear the appeal of Wood v Capita Insurance Services Ltd. This will consider what the correct approach is to contractual interpretation, specifically whether, when interpreting a contract, a court should first construe the term in question literally before then asking whether business common sense or other considerations dictate a different interpretation. This will be heard in Courtroom 2.
On Wednesday 8 February, the Privy Council will hear the appeal of Grove Park Developments v The Mauritius Revenue Authority & Anor. This will consider the principles applicable to judicial review, whether the appellant is entitled to an exemption from Registration Duty and Land Transfer tax, and the interpretation of statutes conferring protection against arbitrary/excessive interference with rights to property. This will be heard in Courtroom 3.
On Wednesday 8 to Thursday 9 February, the Supreme Court will hear the appeal of Armes v Nottinghamshire County Council. This will consider whether the local authority who placed the appellant into foster care is liable in respect of the physical and sexual abuse suffered by the appellant and perpetrated by her foster carers, even though the local authority was not negligent in connection with the foster placement. This will be heard in Courtroom 2.
On Wednesday 8 February, the Supreme Court will hand down the judgment in the case of In the matter of an application by Denise Brewster for Judicial Review. The hand down panel will be Lady Hale, Lord Kerr and Lord Wilson. This case considered whether the requirement that unmarried partners be nominated in order to be eligible for a survivor’s pension contained in the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations (NI) 2009 is disproportionate or irrational.
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.
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.
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
Isle of Wight Council v Platt, heard 31 January 2017
Hartley & Ors v King Edward VI College, heard 1 February 2017
IPCO (Nigeria) Ltd v Nigeria National Petroleum Corp, heard 2 February 2017