In the Supreme Court w/c 13 November 2017
13 Monday Nov 2017
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Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 13 November, the Judicial Committee of the Privy Council will hear the appeal of O’Connor (senior) & Ors v The Proprietors, Strata Plan No. 51 (Turks and Caicos Islands). This appeal will consider whether a bylaw prohibiting the letting of a condominium, for less than a month constitutes an unlawful restriction on an owner’s right to lease his property. This will be heard in Courtroom 3.
On Tuesday 14 November, the Judicial Committee of the Privy Council will hear the appeal of Hemery v Ramlogan (Mauritius). This appeal will consider whether the trial judge erred in making certain orders – the effect of which was to prevent Hemery from amending his pleadings, to give judgment in favour of Ramlogan (the original plaintiff in the action), and to strike out the case against Hemery’s original co-defendant – and whether Hemery’s right to fair hearing was infringed thereby. This will be heard in Courtroom 3.
On Tuesday 14 until Wednesday 15 November, the Supreme Court will hear the appeal of Immigration – SIAC – bail, R (B) v Secretary of State for the Home Department. This appeal will consider whether, once there is no longer a lawful basis for the detention of an individual pending deportation, there is still a power to grant bail and impose bail conditions in respect of that individual under the Immigration Act 1971. This will be heard in Courtroom 2.
On Wednesday 15 November, the Supreme Court will hand down the judgment in the case of R (HC) v Secretary of State for Work and Pensions & Ors. The hand down panel will be Lord Mance, Lord Carnwarth, Lord Hodge, and Lady Black. This appeal considered whether the statutory instruments which provide that Zambrano carers are not entitled to social benefits in the UK are unlawful, in particular whether they entail discrimination under EU law or the ECHR which cannot be justified, or whether the resolution of these points of law requires a reference to the CJEU.
On Wednesday 15 November, the Supreme Court will hand down the judgment in the case of R (De Silva & Anor) v Commissioners for Her Majesty’s Revenue and Customs. The hand down panel will be Lord Mance, Lord Carnwarth, Lord Hodge, and Lady Black. This appeal considered whether HMRC was entitled to enquire into the appellants’ claims for loss relief otherwise than by opening an enquiry under the Taxes Management Act 1970, Sch 1A, which is subject to a time limit that had elapsed prior to the date of the enquiry.
On Wednesday 15 November, the Supreme Court will hand down the judgment in the case of Gordon & Ors, as Trustees of the Inter Vivos Trust of the late William Strathdee Gordon v Campbell Riddell Breeze Paterson LLP (Scotland). The hand down panel will be Lord Mance, Lord Carnwarth, Lord Hodge, and Lady Black. This appeal considered whether the five-year prescriptive period under the Prescription and Limitation (Scotland) Act 1973, s 6, begins to run on the date on which a creditor becomes aware that he has incurred a financial cost or whether he must also be aware that such a cost may constitute ‘loss’ or ‘damage’.
On Wednesday 15 November, the Supreme Court will hand down the judgment in the case of Scotch Whisky Association & Ors v The Lord Advocate & Anor (Scotland). The hand down panel will be Lord Mance, Lord Carnwarth, Lord Hodge, and Lady Black. This appeal considered whether the Alcohol (Minimum Pricing) (Scotland) Act 2012 is incompatible with EU law and therefore unlawful under the Scotland Act 1998.
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.
Commissioner of Police of the Metropolis v DSD & Anor, heard 13-14 Mar 2017.
SM (Algeria) v Entry Clearance Officer UK Visa Section, heard 23 Mar 2017.
Arcadia Petroleum Ltd & Ors v Bosworth & Anor, heard 10-11 Apr 2017.
Four Seasons Holdings Incorporated v Brownlie, heard 9-10 May 2017.
R (HC) v Secretary of State for Works and Pensions & Ors, heard 21-22 Jun 2017.
R (De Silva & Anor) v The Commissioners for HMRC, heard 22 Jun 2017.
R (Bancoult No 3) v Secretary of State for Foreign and Commonwealth Affairs, heard 28-29 Jun 2017.
Robinson v Chief Constable of West Yorkshire Police, heard 12 Jul 2017.
Gordon & Ors as Trustees of the Inter Vivos Trust of the late William Strathdee Gordon v Campbell Riddell Breeze Paterson LLP (Scotland), heard 19 Jul 2017.
Scotch Whisky Association & Ors v the Lord Advocate & Anor (Scotland), heard 24-25 Jul 2017.
O’Connor v Bar Standards Board, heard 4 Oct 2017.
In the matter of C (Children), heard 9-10 Oct 2017.
Morris-Garner v One Step (Support) Ltd, heard 11-12 Oct 2017.
Dover District Council v CPRE Kent, heard 16 Oct 2017.
In the matter of an application by Kevin Maguire for Judicial Review, heard 19 Oct 2017.
Reference by the Court of Appeal in Northern Ireland pursuant to Paragraph 33 of Schedule 10 to the Northern Ireland Act 1998 (Abortion), heard 24-26 Oct 2017.
R (Black) v Secretary of State for Justice, heard 31 Oct-1 Nov 2017.
Tituta International Ltd (in liquidation) v De Villiers Surveyors Ltd, heard 6 Nov 2017.
Steel & Anor v NRAM PLC (Scotland), heard 7 Nov 2017.
Haralambous v Hertfordshire Constabulary, heard 8 Nov 2017.