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Starting in Courtroom 1 today and listed for two days is G v Scottish Ministers & Anor, to be heard by L Hale, L Wilson, L Sumption, L Reed and L Hodge. The appellant is subject to a compulsion order and a restriction order following his acquittal by reason of insanity on an indictment comprising charges of rape, breach of the peace and four charges of assault. The appellant applied to the Mental Health Tribunal for Scotland for an order under the Mental Health (Care and Treatment) (Scotland) Act 2003, s 264(2) declaring that he was being detained in conditions of excessive security and setting in motion arrangements for his transfer to an alternative hospital. The Supreme Court will determine the correct approach to the discretion of the Mental Health Tribunal for Scotland under s 264(2), and the interpretation and application of s 1 of the 2003 Act in relation to the exercise of that discretion.
In Courtroom 2 on Monday 7 October 2013 is In the matter of an application by Martin Corey for Judicial Review, an appeal from The Court of Appeal of Northern Ireland. The High Court found that the Secretary of State’s revocation of the appellant’s release on licence had been reached solely, or to a decisive degree, on the basis of closed material in breach of ECHR, art 5(4). Sitting two days later the Court of Appeal concluded that the High Court did not have power to grant bail in the particular circumstances of the case and stayed the enforcement of the bail order, pending the outcome of an appeal against the art 5(4) decision.
From Wednesday 9 until Thursday 10 October 2013 is the appeal of Bull & Anor v Hall & Anor, in front of L Neuberger, L Hale, L Kerr, L Hughes and L Toulson. The appellants are hotel owners who refused to let the respondent couple, who are in a civil partnership, stay in a double room in their hotel. They argue that their policy of restricting double bedrooms to married couples is based on their devout Christian belief that any sexual relations outside of marriage are sinful. At first instance it was held that the appellants had directly discriminated against the respondents on the grounds of their sexual orientation, and a subsequent appeal to the Court of Appeal was dismissed. The Supreme Court will determine whether the appellants’ refusal on religious grounds to let a double room in their hotel to a homosexual couple constituted discrimination under the Equality Act (Sexual Orientation) Regulations 2007.
On Wednesday 9 October 2013 the Supreme Court will hand down judgment in the following: Booth v The Parole Board, Osborn v The Parole Board, In the matter of an application of Reilly for Judicial Review (Northern Ireland), and Secretary of State for the Home Department v Al-Jedda.
There are no cases listed in the Privy Council this week. You can watch a live stream of the proceedings in G v Scottish Ministers & Anor and Bull & Anor v Hall & Anor on Supreme Court Live
The following Supreme Court judgments remain outstanding:
Re an application by Central Craigavon Ltd for Judicial Review, heard 15 May 2013.
R (Chester) v Secretary of State for Justice, and McGeoch v Lord President of the Council & Anor, heard 10 – 11 June 2013.
R v Gul, heard 25 – 26 June 2013.
Woodland v Essex County Council, heard 3 – 4 July 2013.
Patel & Ors v SSHD, Anwar v SSHD, and Alam v SSHD, heard 3 July 2013.
In the matter of “The Alexandros T” (Nos. 1, 2 and 3), heard 8 – 9 July 2013.
Szepietowski (Nee Seery) v The Serious Organised Crime Agency, heard 15 July 2013.
Bucnys v Ministry of Justice, Lithuania, Sakalis v Ministry of Justice, Lithuania, and Lavrov v Ministry of Justice, Estonia, heard 16 – 17 July 2013.
R (Hodkin & Anor) v Registrar of Births, Deaths and Marriages, heard 18 July 2013
R (Edwards & Anor) v Environment Agency & Ors, heard 22 July 2013.
Aintree University Hospital NHS Foundation Trust v James, heard 24 July 2013.
R (Reilly & Anor) v Secretary of State for Work and Pensions, heard 29 July 2013.
R v Ahmad & Anor, heard 29 July 2013.
Cotter v Commissioner for Her Majesty’s Revenue and Customs, heard 3 October 2013.
