UK Supreme Court Blog

EDITORS: Dan Tench, Emma Cross, Zainab Hodgson, Francesca Knight, James Warshaw and Natalie Haefner (CMS)
Hugh Tomlinson KC, Matthew Ryder KC, Nandini Bulchandani and Daniel Rudd (Matrix)

Listed for two and a half days from this morning is the appeal of Scott v Southern Pacific Mortgages Ltd & Anor. The issue for the bench (L Hale, L Wilson, L Sumption, L Reed, and L Collins) is whether a purchaser may create an equitable interest capable of binding third parties at the point of the contract of sale; and whether the principles set out in Abbey National B.S. v Cann [1991] AC 56 are applicable.

On Tuesday 4 March 2014 is the matter of R (George) v Secretary of State for the Home Department. The respondent was granted indefinite leave to remain in the UK in 2000, but following his involvement in criminal conduct the Secretary of State issued a deportation order, revoking the indefinite leave to remain status. The Asylum and Immigration Tribunal determined that, whilst the respondent was liable to deportation, actual deportation would breach his rights under ECHR, art 8. The Supreme Court will clarify the status of leave to remain where it was invalidated by a deportation order that was later revoked.

The Scottish appeal of Secretary of State for Home Department v MN & KY is in Courtroom 2 on Wednesday 5 March 2014. The issues include the circumstances in which witnesses should be granted anonymity, the extent to which it is permissible to depart from practice notes, and the competency of the Upper Tribunal to provide guidance on the weight to be given to expert reports from particular organisations.

On Wednesday 5 March 2014 the Supreme Court will hand down judgment in the following: Stott v Thomas Cook Tour Operators Ltd; and Commissioners for Her Majesty’s Revenue and Customs v Secret Hotels2 Ltd.

There are no hearings listed in the Privy Council this week.

The following Supreme Court judgments remain outstanding:

Re an application by Central Craigavon Ltd for Judicial Review, heard 15 May 2013.

R v Ahmad & Anor, heard 29 July 2013.

P (by his litigation friend the Official Solicitor) v Cheshire West and Chester Council, and P & Anor (by their litigation friend, the Official Solicitor) v Surrey County Council, heard 21 – 23 October 2013.

Kennedy v The Charity Commission, heard 29 – 31 October 2013.

R (Eastenders Cash and Carry plc & Ors) v Commissioners for Her Majesty’s Revenue and Customs, heard 27 – 28 November 2013..

 R (British Sky Broadcasting Ltd) v Commissioner of Police of the Metropolis, heard 3 December 2013.

R v O’Brien, heard 5 December 2013.

R (T & Anor) v SSHD & Anor, heard 9 – 10 December 2013.

R (AM) v The Director of Public Prosecutions; R (AM) v Director of Public Prosecution; and R (Nicklinson & Anor) v Ministry of Justice, heard 16 – 19 December 2013.

Holt v Her Majesty’s Attorney General on behalf of the Queen, heard 15 – 16 January 2014.

Cox v Ergo Versicherung AG (formerly known as Victoria), heard 20 – 21 January 2014.

A v Secretary of State for the Home Department (Scotland), heard 22 – 23 January 2014.

Durkin v DSG Retail Ltd & Anor, heard 28 January 2014.

Dunhill (a protected party by her litigation friend Tasker) v Burgin (Nos. 1 & 2), heard 3 – 5 February 2014.

British Telecommunication Plc v Telefonica 02 UK Limited and Ors, heard 3 – 4 February 2014.

R v Ahmad & Anor and R v Fields & Ors, heard 10 – 11 February 2014.

McDonald (Deceased) v National Grid Electricity Transmission Plc, heard 12 – 13 February 2014.

Agricultural Sector (Wales) Bill – Reference by the Attorney General for England and Wales, heard 17 – 18 February 2014.

Khaira & Ors v Shergill & Ors, heard 19 – 20 February 2014.

Barnes (as former Court Appointed Receiver) v The Eastenders Group & Anor, heard 24 – 25 February 2014.