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

On Monday 12 November, the Judicial Committee of the Privy Council will hear the appeal of Nugent & Anor v Willers (Isle of Man). This appeal will consider the proper interpretation of the Isle of Man Limitation Act 1984, s 30A(2), where facts giving rise to a cause of action have been discovered late by a Claimant. This will be heard in Courtroom 3.

On Tuesday 13 and Wednesday 14 November, the Supreme Court will hear the appeal of Lachaux v Independent Print Ltd & Anor. This appeal will consider the proper interpretation of the ‘serious harm’ test in the Defamation Act 2013, s 1(1). It will consider the circumstances in which serious harm can be inferred in the absence of evidence of the harm; the applicability of the common law repetition rule and the rule in Associated Newspapers Ltd v Dingle [1964] AC 371 excluding the admissibility of publications to similar effect. This will be heard in Courtroom 2.

On Wednesday 14 November, the Supreme Court will hand down the judgment in Warner-Lambert Company LLC v Generics (UK) Ltd t/a Mylan & Anor. The proposed panel for hand down is Lord Kerr, Lord Wilson, Lord Sumption and Lord Briggs. This appeal considered whether (and what) role plausibility should play in the statutory test for sufficiency, and whether a patent should be held insufficient for lack of plausibility even though it is in fact enabled across the full scope of the claim. It also considered, if a plausibility test is appropriate, provided there is basis to support the claim across part of its scope, whether later evidence can be used to fill the gap; the correct approach to (and use of expert evidence in) the construction of patent claims; and whether a post-trial application to amend an invalid patent claim to limit it to a part found to be plausible is an abuse of process.

On Wednesday 14 November, the Supreme Court will hand down the judgment in Regency Villas Title Ltd & Ors v Diamond Resorts (Europe) Ltd & Ors. The proposed panel for hand down is Lord Kerr, Lord Wilson, Lord Sumption and Lord Briggs. This appeal considered, in the context of easements, what the correct approach is to the requirement that to qualify as an easement a right must accommodate the dominant tenement in the sense that it provides ‘utility and benefit’ in the use of the dominant land. In particular it considered what the correct approach is when the right is a right to recreation which is enjoyed in a self-contained way on the servient land, with the correctness of the decision in Re Ellenborough Park also being in issue.

On Wednesday 14 November, the Supreme Court will hand down the judgment in Rhuppiah v Secretary of State for the Home Department. The proposed panel for hand down is Lord Kerr, Lord Wilson, Lord Sumption and Lord Briggs. This appeal considered the meaning of precarious in the Nationality, Immigration and Asylum Act 2002, s 117B(5). It also considered the weight to be given to private life established at a time when the appellant’s immigration status was precarious, and the weight to be given to financial independence and proficiency in English, when conducting the balancing exercise under art 8.

On Thursday 15 November, the Supreme Court will hear the appeal of JR (Jamaica) v Secretary of State for the Home Department. This appeal will consider whether the right to appeal against the refusal of a ‘human rights claim’ pursuant to the Nationality, Immigration and Asylum Act 2002, s 82, includes determinations by the Secretary of State that further submissions do not amount to a ‘fresh claim’ under the Immigration Rules, para 353. This will be heard in Courtroom 2.

A full list of the cases scheduled for the Michaelmas term can be found here.

The following Supreme Court judgments remain outstanding:

Keefe (by his litigation friend Eyton) v Hoteles Pinero Canarias SL, heard 7 Mar 2017.

Arcadia Petroleum Ltd & Ors v Bosworth & Anor, heard 10-11 Apr 2017.

R (Stott) v Secretary of State for Justice, heard 18 Jan 2018.

Warner-Lambert Company LLC v Generics (UK) Ltd t/a Mylan & Anor, heard 12-15 Feb 2018.

R (Hallam) v Secretary of State for Justice; R (Nealon) v Secretary of State for Justice, heard 8-9 May 2018.

In the matter of an application by Lorraine Gallagher for Judicial Review (Northern Ireland) and other cases, heard 19-21 Jun 2018.

In the matter of an application by Geraldine Finucane for Judicial Review (NI), heard 26-27 Jun 2018.

Regency Villas Title Ltd & Ors v Diamond Resorts (Europe) Ltd & Ors, heard 4-5 Jul 2018.

Rhuppiah v Secretary of State for the Home Department, heard 10 Jul 2018.

OWD Ltd, trading as Birmingham Cash & Carry, & Anor v Commissioners for HMRC, heard 12 Jul 2018.

Poole Borough Council v GN (through his litigation friend, ‘The Official Solicitor’) & Anor, heard 16-17 Jul 2018.

R (DA & Ors) v Secretary of State for Work and Pensions, heard 17-19 Jul 2018.

The UK Withdrawal from the EU (Legal Continuity) (Scotland) Bill – A reference by the Attorney General and the Advocate General for Scotland, heard 24-25 Jul 2018.

Secretary of State for Justice v MM, heard 26 Jul 2018.

Volcafe Ltd & Ors v Compania Sud Americana De Vapores SA, heard 3-4 Oct 2018.

In the matter of D (a child), heard 3-4 Oct 2018.

Takhar v Gracefield Developments Ltd & Ors, heard 10 Oct 2018.

Wells v Devani, heard 11 Oct 2018.

Williams v The Trustees of Swansea University Pernsion & Assurance Scheme & Anor, heard 16 Oct 2018.

S Franses Ltd v The Cavendish Hotel (London) Ltd, heard 17 Oct 2018.

Welsh Ministers v PJ, heard 22 Oct 2018.

In the matter of an application by Hugh Jordan for Judicial Review, heard 23 Oct 2018.

London Borough of Southwark & Anor v Transport for London, heard 24-25 Oct 2018.

SAE Education Ltd v The Commissioners of HMRC, heard 30 Oct 2018.

UKI (Kingsway) Ltd v Westminster City Council & Anor, heard 6 Nov 2018.