In the Supreme Court w/c 12 December 2016
12 Monday Dec 2016
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Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 12 December, the Supreme Court will hear the appeal of Ilott v The Blue Cross & Ors. This will consider the decision made by the Court of Appeal regarding the Inheritance (Provision for Family and Dependants) Act 1975 and whether it erred in its exercise of discretion. This will be heard in Courtroom 1.
On Tuesday 13 December, the Supreme Court will hear the appeal of Gordon v Scottish Criminal Cases Review Commission (Scotland), considering whether the Commission erred in refusing to refer the appellant’s case to the High Court. This will be heard in Courtroom 1.
On Wednesday 14 December until Thursday 15 December, the Supreme Court will consider the appeal of BPE Solicitors & Anor v Hughes-Holland (in substitution for Gabriel). This will consider whether the losses suffered by the appellant were losses which the respondent owed a duty to protect him against, and whether they are otherwise recoverable from the respondent. This will be heard in Courtroom 1.
On Wednesday 14 December until Thursday 15 December, the Supreme Court will hear the appeal of N v ACCG & Anor, considering whether a commissioning body can, in not funding a particular option for contact remove the jurisdiction of the Court of Protection to make a best interests decision about contact, and whether the failure to conduct a best interests assessment and/or determine the facts breached ECHR, arts 6 & 8 rights. This will be heard in Courtroom 2.
On Wednesday 14 December, the Supreme Court will hand down the judgment in the case of R v Docherty. The hand down panel will be Lady Hale, Lord Wilson, Lord Carnwath and Lord Hughes. The case considers whether domestic courts ought to recognise and apply within the body of ECHR, art 7 the principle of ‘lex mitior’ (where the law most favourable to the defendant should apply where there are differences between the criminal law in force at the time of the commission of the offence and subsequent criminal laws enacted before a final judgment is rendered).
On Wednesday 14 December, the Supreme Court will hand down the judgment in the cases of R (Mirza) v Secretary of State for the Home Department, R (Iqbal) v Secretary of State for the Home Department and R (Ehsan) v Secretary of State for the Home Department. The hand down panel will be Lady Hale, Lord Wilson, Lord Carnwath and Lord Hughes. These cases consider whether Immigration Act 1971, s 3C automatically extends a person’s leave to remain pending the determination of an application to extend leave to remain, notwithstanding that the original application is invalid.
On Wednesday 14 December, the Supreme Court will hand down the judgment in the case of Habib Khan v General Pharmaceutical Council. The hand down panel will be Lady Hale, Lord Wilson, Lord Carnwath and Lord Hughes. The case considers whether there is an intermediate sanction open to the GPC Fitness to Practise 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.
On Wednesday 14 December, the Supreme Court will hand down the judgment in the case of R v Guraj. The hand down panel will be Lady Hale, Lord Wilson, Lord Carnwath and Lord Hughes. The case considers, where a deprivation or forfeiture order is wrongly made during a period of postponement of confiscation proceedings (contrary to Proceeds of Crime Act 2002, s 15(2)), whether the effect of s 14(12) is that a subsequent (and substantial) procedural error may in itself deprive the court of jurisdiction to make a confiscation order.
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.
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 (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.
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.
Newbigin v SJ & J Monk, heard 7 November 2016.
Habib Khan v General Pharmaceutical Council, heard 10 November 2016.
Home Office v Essop & Ors; Naeem v Secretary of State for Justice, heard 14-15 November 2016.
DB v Chief Constable of Police Service of Northern Ireland (NI), heard 15-16 November 2016.
R v Guraj, heard 17 November 2016.
R (Miller & Dos Santos) v Secretary of State for Exiting the European Union, heard 5-8 December 2016.