In the Supreme Court w/c 7 November 2016
07 Monday Nov 2016
Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 7 November, the Supreme Court will hear the appeal of Newbigin v S J & J Monk, requiring the consideration of the issue of what physical state a commercial property is deemed to be in for the purpose of liability for rates when it has been stripped out for renovation. This will be heard in Courtroom 1, the court sitting from 10.30am.
On Wednesday 9 November, the Supreme Court will hand down the judgment in the case of R (MA & Ors) v Secretary of State for Work and Pensions and other cases. The panel will be Lord Neuberger, Lady Hale, Lord Mance, Lord Sumption, Lord Carnwath, Lord Hughes, and Lord Toulson. The case considers whether changes to the Housing Benefit Regulations 2006 discriminate against disabled people in breach of ECHR, art 14 taken together with art 1 of Protocol 1, and whether the respondent had failed to have regard to the best interests of a child.
On Thursday 10 November, the Supreme Court will hear the appeal of HK v General Pharmaceutical Council. Here, the court will consider whether there is an intermediate sanction open to the GPC Fitness to Practice Committee which allows it to indicate that a period of suspension should exceed 12 months, and whether the original sanction of removal from the Register of Pharmacists was wrong in principle, clearly inappropriate or plainly disproportionate. This will be heard in Courtroom 1.
On Tuesday 8 November, the Privy Council will hear the appeal in Lovelace v The Queen, addressing the issue of whether the CA was correct to find it lacked jurisdiction to allow the appellant’s application to extend time to appeal his death sentence, and whether permission to appeal against the death sentence should be granted because it was unlawfully imposed and/or because 5 years have elapsed since conviction. This will be heard in Courtroom 3.
On Thursday 10 November, the Privy Council will hear the appeal in Sun Alliance (Bahamas) Ltd & Anor v Scandi Enterprises Ltd, considering whether it had been open to the CA to reverse the judge’s findings of fact, and whether, on a true construction of the insurance policy, the policy did not cover the loss claimed. This will be heard in Courtroom 3.
A full list of the cases scheduled for the Michaelmas term can be found here.
The following Supreme Court judgments remain outstanding:
Belhaj & Anor v Straw & Ors; Rahmatullah v Ministry of Defence & Anor, heard 9–12 November 2015.
ZM v Secretary of State for the Home Department (Northern Ireland); HA (Iraq) v Secretary of State for the Home Department, heard 12–14 January 2016.
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.
Abd Ali Hameed Al-Waheed v Ministry of Defence; Mohammed & Ors v Ministry of Defence & Anor, heard 1–4 February 2016.
R (MM) & Ors v Secretary of State for the Home Department and another case,heard 22–24 February 2016.
R (MA & Ors) v Secretary of State for Work and Pensions & other cases, heard 29 February-2 March 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.
R v Docherty, 3-4 May 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 v Golds, heard on 14 June 2016.
FirstGroup plc v Paulley, heard on 15 June 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.
R (Mirza) v Secretary of State for the Home Department and other cases, heard 19 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.