Share it
Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 12 June, the Supreme Court will hear the appeal of Sadovska & Anor v Secretary of State for the Home Department. This appeal will consider whether the Inner House erred in failing to hold that, in cases where the respondent intervenes to stop an alleged marriage of convenience and makes a removal order on that basis, the evidential burden of proof rests with the respondent and requires to be discharged on the balance of probabilities. This will be heard in City Chambers, City of Edinburgh Council.
On Tuesday 13 June, the Supreme Court will hear the appeal of Aberdeen City & Shire Strategic Development Planning Authority v Elsick Development Company Ltd. This appeal will consider what the correct legal test is for the validity of planning obligations, the extent to which planning authorities are obligated to comply with national policy when formulating their own supplementary guidance, and the extent of the supervisory jurisdiction of the courts when considering challenges to planning policies. This will be heard in City Chambers, City of Edinburgh Council.
On Wednesday 14 until Thursday 15 June, the Supreme Court will hear the appeal of Brown v The Scottish Ministers (Scotland). This appeal will consider whether the implied ancillary duty in ECHR, art 5 to facilitate rehabilitation and release applies to recalled extended sentence prisoners. This will be heard in City Chambers, City of Edinburgh Council.
On Wednesday 14 June, the Judicial Committee of the Privy Council will hear the appeal of Lundborg v Walker & Anor (Bahamas). This appeal will consider if the equitable charge arising from the 1996 Enforcement Order ceased to operate, and if so if it was correct to do so. It will also consider whether the Bahamian Court should have recognised the 2007 Florida Order, and if so what its effect is on the 1996 Enforcement Order, and whether the Court of Appeal was correct in its approach to various aspects of the completion of the sale or its finding that Mrs Cole had ‘received her money’. This will be heard in Courtroom 3.
On Wednesday 14 June, the Supreme Court will hand down the judgment in the case of R (A & B) v Secretary of State for Health. The hand down panel will be Lord Clarke, Lord Wilson and Lord Hughes. This appeal considered whether the Secretary of State for Health’s failure to exercise his power to require that abortion services be provided throughout the NHS in England to women ordinarily resident in Northern Ireland was unlawful, in that he failed to discharge his duty under the NHS Act 2006, s 3 to ‘take such steps as he considers necessary to meet all reasonable requirements’ for services. It also considered whether the continuing failure to provide abortion services free of charge in England to women ordinarily resident in Northern Ireland infringes ECHR, arts 8 and 14.
On Wednesday 14 June, the Supreme Court will hand down the judgment in the cases of R (Kiarie) v Secretary of State for the Home Department and R (Byndloss) v Secretary of State for the Home Department. The hand down panel will be Lord Clarke, Lord Wilson and Lord Hughes. These appeals considered whether the Nationality, Immigration and Asylum Act 2002, s 94B complies with the procedural and substantive protections under ECHR, art 8.
On Thursday 15 June, the Judicial Committee of the Privy Council will hear the appeal of Miller & Anor v Miller & Anor (Jamaica). This appeal will consider whether the Court of Appeal was correct to find that the judge had made errors of fact which entitled the Court of Appeal itself to make findings of fact, and whether the Court of Appeal correctly applied equitable principles and presumptions in the light of the provisions of the Property Rights (of Spouses) Act. This will be heard in Courtroom 3.
A full list of the cases scheduled for the Trinity term can be found here.
The following Supreme Court judgments remain outstanding:
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.
R (A) (a Child) (by her litigation friend B) v Secretary of State for Health, heard 2 November 2016.
PNM v Times Newspapers Ltd & Ors, heard 17 Jan 2017.
Armes v Nottinghamshire County Council, heard 8-9 February 2017.
R (Kiarie) v Secretary of State for the Home Department; R (Byndloss) v Secretary of State for the Home Department, heard 15-16 February 2017.
Lord Advocate (representing the Taiwanese Judicial Authorities & Anor) v Dean (Scotland), heard on 6 Mar 2017.
Keefe (by his litigation friend Eyton) v Hoteles Pinero Canarias SL, heard 7 Mar 2017.
Miller & Ors v Ministory of Justice; O’Brien v Ministry of Justice; and Walker v Innospec Ltd & Ors, heard 8-9 Mar 2017.
Commissioner of Police of the Metropolis v DSD & Anor, heard 13-14 Mar 2017.
RFC 2012 Plc (in liquidation) (formerly The Rangers Football Club Plc) v Advocate General for Scotland (Scotland), heard 15-16 Mar 2017.
Taurus Petroleum Ltd v State Oil Marketing Company of the Ministry of Oil, Republic of Iraq (SOMO), heard 21-23 Mar 2017.
SM (Algeria) v Entry Clearance Officer UK Visa Section, heard 23 Mar 2017.
R (UNISON) v Lord Chancellor, heard 27-28 Mar 2017.
Eli Lilly & Co v Actavis UK Ltd & Ors, heard 4-6 Apr 2017.
Arcadia Petroleum Ltd & Ors v Bosworth & Anor, heard 10-11 Apr 2017.
R (Cardiff & Vale University Health Board & Ors) v Ceredigion County Council & Ors, heard 26 Apr 2017.
Goldtrail Travel Ltd (in liquidation) v Onur Air Tasimacilik AS, heard 27 Apr 2017.
P v Commissioner of Police of the Metropolis, heard 3-4 May 2017.
Four Seasons Holdings Incorporated v Brownlie, heard 9-10 May 2017.
McDonald v Newton or McDonald (Scotland), heard 11 May 2017.
R (Hemming (t/a Simply Pleasure Ltd) & Ors) v Westminster City Council, heard 11 May 2017.
Reyes v Al Malki & Anor, heard 15-18 May 2017.
Birch v Birch, heard 22 May 2017.
Benkharbouche v Secretary of State for Foreign & Commonwealth Affairs, heard 6-8 Jun 2017.