In the Supreme Court w/c 15 October 2018
15 Monday Oct 2018
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Hearings in the Supreme Court are now shown live on the Court’s website.
On Tuesday 16 October, the Supreme Court will hear the appeal of Williams v the Trustees of Swansea University Pension & Assurance Scheme & Anor. This appeal will consider the correct meaning of ‘unfavourable treatment’ under the Equality Act 2010, s 15 and the correct approach to justification in that section. This will be heard in Courtroom 2.
On Tuesday 16 October, the Judicial Committee of the Privy Council will hear the appeal of Mexico Infrastructure Finance LLC v The Corporation of Hamilton (Bermuda). This appeal will consider whether the respondent had acted ultra vires in entering into a guarantee in favour of the appellant pursuant to the Municipalities Act 1923.. This will be heard in Courtroom 3.
On Wednesday 17 October, the Supreme Court will hear the appeal of S Franses Ltd v The Cavendish Hotel. This appeal will consider the construction of the Landlord and Tenant Act 1954. It is specifically considering whether a landlord which intends to carry out works if, and only if, those works are necessary to satisfy s 30(1)(f), and which offers an undertaking to carry out those works in the form of the undertaking given by the respondent in the present case, has the requisite intention for the purposes of (f). It also relates to whether a landlord whose sole or predominant commercial objective is to undertake works in order to fulfil (f) and thereby avoid the grant of a new lease to the tenant, and which offers an undertaking to carry out these works in the form or the undertaking given in the present case, has the requisite intention for the purposes of (f). This will be heard in Courtroom 2.
On Wednesday 17 October, the Judicial Committee of the Privy Council will hear the appeal of Cadet’s Car Rentals & Anor v Pinder (Bahamas). This appeal will consider whether the Court of Appeal erred in their approach to, and application of, the ‘Ogden Tables’ (actuarial tables published by the UK Government and used to calculate lump sum compensation due in personal injury cases) in the circumstances of this case. This will be heard in Courtroom 3.
On Wednesday 17 October, the Supreme Court will hand down the judgment in Warner v Scapa Flow Charters (Scotland). The proposed panel for hand down is Lady Hale, Lord Hodge and Lord Kitchen. This appeal considered whether, on a correct reading of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974, art 16, the Prescription and Limitation (Scotland) Act 1973, s 18(3) operates as a ‘suspension or interruption’ so as to protect the claim made on behalf of the respondent’s son from being time-barred.
Lord Sumption recently gave an interview to Counsel Magazine, available here.
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.
KO (Nigeria) v Secretary of State for the Home Department, & Or cases, heard 17-19 Apr 2018.
R (Hallam) v Secretary of State for Justice; R (Nealon) v Secretary of State for Justice, heard 8-9 May 2018.
Barnardo’s v Buckinghamshire & Ors, heard 11-12 Jun 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.
Warner v Scapa Flow Charters (Scotland), heard 28 Jun 2018.
Dooneen Ltd (t/a McGuines Associates) & Anor v Mond (Scotland), heard 3 Jul 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.