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Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 15 and Tuesday 16 July, the Supreme Court will hear the appeal of R (Lancashire County Council) v Secretary of State for the Environment, Food and Rural Affairs. This appeal will consider whether the concept of ‘statutory incompatibility’ applies to prevent land from being registered as a village green where it is held for general statutory purposes and what the correct approach is to alleged errors of fact in the public law arena. This appeal will also consider whether an application for registration of land as a village green has to show that there was a geographical spread of users from the locality in question and whether a qualifying locality under the Commons Act 2006, s 15 has to have remained the same legal entity throughout the relevant 20 year period. Finally, it will consider what standard of reasoning is required by a Registering Authority which disagrees with an Inspector’s views. This will be heard in Courtroom 1.
On Wednesday 17 July, the Judicial Committee of the Privy Council will hear the appeal of Seebun v Domun & Ors (Mauritius). This appeal will consider whether the Court of Appeal was wrong to hold that the plaint did not disclose a cause of action based on prescription, the action of the appellant was time barred, and the failure to join all the heirs of the deceased was fatal to the claim. It will also consider whether the Court of Appeal failed to consider relevant evidence of actual occupation of the land. This will be heard in Courtroom 3.
On Thursday 18 July the Supreme Court will hand down judgment in Secretary of State for Work and Pensions v MM (Scotland). The proposed panel for hand down is Lord Reed, Lady Black and Lord Sales. This appeal considered, where a claim to personal independence payment under the Social Security (Personal Independence Payment) Regulations 2013 is based on a person needing social support to be able to engage with other people, whether the social support needed must be contemporaneous with the engagement being supported. It also considered whether anything that constitutes needing ‘prompting’ to be able to engage with other people also constitutes social support, subject to it being provided by a person trained or experienced in assisting people to engage in social situations.
On Thursday 18 July, the Supreme Court will hear the appeal of In the matter of NY (A Child). This appeal will consider whether the inherent jurisdiction can be used to order the summary re-relocation of a child where there is a statutory scheme and where the substantive and procedural characteristics of that scheme are avoided. This will be heard in Courtroom 1.
A full list of the cases scheduled for the Trinity 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.
In the matter of D (a child), heard 3-4 Oct 2018.
Vedanta Resources Plc & Anor v Lungowe & Ors, heard 15-16 Jan 2019.
Shanks v Unilever Plc & Ors, heard 6-7 Feb 2019.
Secretary of State for the Home Department v Franco Vomero (Italy), heard 7 Feb 2019.
Cape Intermediate Ltd v Dring (for and on behalf of Asbestos Victims Support Groups Forum UK), heard 18-19 Feb 2019.
R (Association of Independent Meat Suppliers & Anor) v Food Standards Agency, heard 5 Mar 2019.
Commissioners for HMRC v Frank A Smart & Sons Ltd (Scotland), heard 6 Mar 2019.
Akcil & Ors v Koza & Anor, heard 19 Mar 2019.
X v Kuoni Travel Ltd, heard 1 May 2019.
MacDonald & Anor v Carnbroe Estates Ltd (Scotland), heard 2 May 2019.
Patel v Secretary of State for the Home Department; Secretary of State for the Home Department v Shah, heard 7 May 2019.
Sevilleja v Marex Financial Ltd, heard 8 May 2019.
Sequent Nominees Ltd v Hautford Ltd, heard 14 May 2019.
Gilham v Ministry of Justice, heard 5-6 Jun 2019.
Travelers Insurance Company Ltd v XYZ, heard 11 Jun 2019.
Royal Mail Group Ltd v Jhuti, heard 12-13 Jun 2019.
Micula & Ors v Romania, heard 18-20 Jun 2019.
Test Claimants in the Franked Investment Income Group Litigation & Ors v Commissioners of Inland Revenue, heard 27 Jun 2019.
RR v Secretary of State for Work and Pensions, heard 3 Jul 2019.
The Manchester Ship Canal Company Ltd v Vauxhall Motors Ltd, heard 9-10 Jul 2019.
2 comments
David Pollard said:
15/07/2019 at 12:02
I greatly enjoy the blog and find it very useful.
A quick query.
I wonder why you show the judgment in Vedanta Resources Plc & Anor v Lungowe & Ors as still outstanding (no 4 in your list). A judgment was given on 10 April – [2019] UKSC 20. Is there a further judgment due?
Many thanks
David Pollard
CMS said:
19/07/2019 at 10:19
Hi David
Apologies, you are quite right, Vedanta Resources Plc & Anor v Lungowe & Ors [2019] UKSC 20 has been handed down, so this appears on this list in error. We are not aware of any further judgment due. You can read our case comment on the decision here: http://ukscblog.com/case-comment-vedanta-resources-plc-anor-v-lungowe-ors-2019-uksc-20/
Best wishes
The UKSC Blog Editorial Team