Welcoming the new Hilary Term
08 Friday Jan 2016
As we prepare to welcome the Supreme Court justices back from their festive break, here is an overview of a few of the interesting cases which will be heard by the Supreme Court over the next few months, as well as a look back on some of the cases we heard in Michaelmas that should receive judgment this term.
On 21 January 2016 the Supreme Court will hear the case of The Mayor’s Office for Policing and Crime v Mitsui Sumitomo Insurance Co (Europe) Ltd & Ors regarding whether the respondent’s, whose property and equipment was completely destroyed by rioters who broke into their distribution warehouse in August 2011, are entitled under the Riot Damages Act 1886 to obtain compensation for not only repairing the damage done to property during a riot but also for any loss of profit which may consequently have flowed from that damage, or for other indirect adverse economic consequences of the riot.
Another interesting case is the conjoined appeals of Abd Ali Hameed Al-Waheed v Ministry of Defence; Mohammed & Ors v Ministry of Defence & Anor concerning whether HM armed forces had the power to detain the appellants, on the ground that it was necessary for imperative reasons of security, pursuant to International Humanitarian Law applicable in a non-international armed conflict. This due to be heard on 1 February 2016 for 4 days.
One final case to mention is the appeal of R (MA & Ors) v Secretary of State for Work and Pensions which is due to be heard on 1 March 2016 for 2 days. It concerns the changes to the Housing Benefit Regulations 2006 and whether they discriminate against disabled people, who may have a need for an additional bedroom by reasons of their disability, in breach of art 14 taken together with art 1 of protocol 1 of the ECHR.
This term we will also eagerly be awaiting the judgment in cases such as R v Jogee; Ruddock v The Queen (Jamaica) which was heard on 27-28 October 2015. This was the first time the Privy Council and the Supreme Court had ever sat together to hear an appeal. The appellants in both cases were challenging their convictions of joint enterprise for murder. This decisions is heavily anticipated as many practitioners feel a review of the law and practice of joint enterprise is long overdue.
The Blog will be keeping you up to date on all the cases being heard during the Hilary Term and if you would like to be a contributor for the UKSC Blog please email AnthonyFairclough@matrixlaw.co.uk for more information.