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This Week In the Supreme Court – w/c 13th December 2021 

Hearings in the Supreme Court are now shown live on the Court’s website. 

On Monday 13th December the Court will hear Public Prosecutors Office of the Athens Court of Appeal v O’Connor (Northern Ireland). The case concerns whether when considering section 26(5) of the Extradition Act 2003, can a distinction properly be drawn between the actions of a person who has done everything reasonably possible to give notice of the appeal and the actions of that person’s solicitor who has not. The judgment being appealed is [2017] NIQB 77.  

 

On Wednesday 15th December, the court will hand down judgment in the following cases:  

  • In the matter of an application by Margaret McQuillan for Judicial Review (Nos 1, 2 and 3)  
  • In the matter of an application by Francis McGuigan for Judicial Review (Nos 1, 2 and 3) 
  • In the matter of an application by Mary McKenna for Judicial Review (Nos 1 and 2) 
  • In the Appeal (1) The extent to which the article 2 investigative obligation arising under the Human Rights Act 1998 applies retrospectively to deaths which occurred prior to the commencement of the Human Rights Act 1998; and (2) Whether the Legacy Investigations Branch of the Police Service of Northern Ireland is sufficiently independent to investigate and / or review the investigations into such deaths and what steps are necessary to ensure that the investigation / review meets article 2 standards and the point in time at which those steps must be taken. In the Cross Appeal (1) Whether the NI Court of Appeal erred in finding that there was no obligation to ensure that the investigation into the death in question was independent under (1) the common law; and (2) under the Police (Northern Ireland) Act 2000, s. 32(1)(d) read in conjunction with the Code of Ethics 2008 as contained in the Police Service of Northern Ireland (Conduct) Regulations 2008. The judgment on appeal is [2019] NICA 13.  

 

  • R (on the application of Elan–Cane) v Secretary of State for the Home Department – this judgment will decide whether the Court of Appeal was wrong in its conclusion that Her Majesty’s Passport Office’s Policy that (i) an applicant for a passport must declare their gender/sex as being either male or female and (ii) a passport will only be issued bearing a male (“M”) or female (“F”) indicator in the gender/sex field on the face of the passport and will not be issued with an “unspecified” (“X”) gender marker does not unjustifiably breach articles 8 and 14 of the European Convention on Human Rights (“ECHR”). The judgment on appeal is [2020] EWCA Civ 363. 

 

The following Supreme Court judgments remain outstanding: (As of 13/12/2021) 

  • The Law Debenture Trust Corporation plc v Ukraine (Represented by the Minister of Finance of Ukraine acting upon the instructions of the Cabinet of Ministers of Ukraine) Nos. 2 and 3, heard 9-12 December 2019 
  • BTI 2014 LLC v Sequana SA and Ors, heard 4 May 2021. 
  • Bott & Co Solicitors v Ryanair DAC, heard 20 May 2021 
  • In the matter of an application by Margaret McQuillan for Judicial Review (Northern Ireland), In the matter of an application by Mary McKenna for Judicial Review (Northern Ireland), and In the matter of an application by Francis McGuigan for Judicial Review (Northern Ireland), heard 14-16 June 2021 
  • East of England Ambulance Service NHS Trust v Flowers and Ors, heard 22 June 2021 
  • R (on the application of O (a minor, by her litigation friend AO)) v Secretary of State for the Home Department and R (on the application of The Project for the Registration of Children as British Citizens) v Secretary of State for the Home Department) (Expedited), heard 23 and 24 June 2021 
  • Maduro Board of the Central Bank of Venezuela v Guaidó Board of the Central Bank of Venezuela, heard 19 to 22 July 2021. 
  • Basfar v Wong, heard 13th-14th October 
  • Her Majesty’s Attorney General v Crosland, heard 18th October 
  • Secretary of State for the Home Department v SC (Jamaica), heard 19th October 
  • Commissioners for Her Majesty’s Revenue and Customs v Coal Staff Superannuation Scheme Trustees Ltd, heard 26th October 
  • Harpur Trust v Brazel, heard 9th November 2021 
  • FirstPort Property Services Ltd v Settlers Court RTM Company and others heard 10th November 2021 
  • PWR (AP) v Director of Public Prosecutions and Akdogan and another (AP) v Director of Public Prosecutions heard 18th November 2021 
  • Craig v Her Majesty’s Advocate (for the Government of the United States of America) and another heard 25th November 2021 
  • Guest and another v Guest heard 3rd December 2021 
  • Bloomberg LP v ZXC heard 30th November 2021 
  • Fearn and others v Board of Trustees of the Tate Gallery heard 7th to 8th December 2021 
  • Public Prosecutors Office of the Athens Court of Appeal v O’Connor (Northern Ireland) heard 13th December 2021.