In the Supreme Court w/c 16 April 2018
16 Monday Apr 2018
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Hearings in the Supreme Court are now shown live on the Court’s website.
On Tuesday 17 until Thursday 19 April, the Supreme Court will hear the appeals of KO (Nigeria) v Secretary of State for the Home Department & Other appeals. This appeal will consider whether a court or tribunal, when considering the public interest in deportation, should take into account parental misconduct when assessing whether the effect of deportation on a child (with whom the foreign criminal has a parental relationship) is ‘unduly harsh’ under the Nationality Immigration and Asylum Act 2002, s 117C(5), or the Immigration Rules, para 399. This will be heard in Courtroom 1.
On Tuesday 17 until Wednesday 18 April, the Supreme Court will hear the appeal of Goldman Sachs International v Novo Banco SA. This appeal will consider whether the obligation under Directive 2001/24/EC, art 3 to apply reorganisation measures in accordance with the law of their home member state meant that the effect of a reorganisation measure taken by Banco de Portugal in August 2014 to transfer liabilities to the respondent fell to be determined by the effect in Portuguese law of a later decision in December 2014. It will also consider whether the December 2014 decision was itself a reorganisation measure which required recognition by the English courts. This will be heard in Courtroom 2.
On Wednesday 18 April, the Supreme Court will hand down the judgment in Morris-Garner & Anor v One Step (Support) Ltd. The hand down panel will be Lady Hale, Lord Reed and Lord Briggs. This appeal considered the circumstances in which it is permissible to award damages measured as a percentage of the defendant’s profits resulting from the breach where a defendant is found to have breached a restrictive covenant.
On Wednesday 18 April, the Supreme Court will hand down the judgment in Gavin Edmondson Solicitors Ltd v Haven Insurance Company Ltd. The hand down panel will be Lady Hale, Lord Reed and Lord Briggs. This appeal considered whether the Court of Appeal erred in allowing the respondent solicitors firm’s claim for equitable interference against the appellant insurer to recover its costs under conditional fee agreements after the appellant had compromised the underlying claims directly with the respondent’s clients on terms which did not provide for the payment of the respondent’s costs.
On Thursday 19 April, the Supreme Court will hear the appeal of R v AB & CD (Expedited). This appeal will consider whether the phrase in the Terrorism Act 2000, s 17(b) ‘has reasonable cause to suspect’ have the same meaning as ‘has a reasonable suspicion’. This will be heard in Courtroom 2.
A full list of the cases scheduled for the Easter 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.
Arcadia Petroleum Ltd & Ors v Bosworth & Anor, heard 10-11 Apr 2017.
Four Seasons Holdings Incorporated v Brownlie, heard 9-10 May 2017.
Morris-Garner v One Step (Support) Ltd, heard 11-12 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.
Newcastle upon Tyne Hospital NHS Foundation Trust v Haywood, heard 20 Nov 2017.
R (AR) v Chief Constable of Greater Manchester Police & Anor, heard 21 Nov 2017.
R v McCool (Northern Ireland); R v Harkin (Northern Ireland), heard 23 Nov 2017.
R (Stott) v Secretary of State for Justice, heard 18 Jan 2018.
Cartier International AG & Ors v British Telecommunications Plc & Anor, heard 30 Jan 2018.
Rock Advertising Ltd v MWB Business Exchange Centres Ltd, heard 1 Feb 2018.
Gavin Edmondson Solicitors Ltd v Haven Insurance Company Ltd, heard 5 Feb 2018.
Warner-Lambert Company LLC v Generics (UK) Ltd t/a Mylan & Anor, heard 12-15 Feb 2018.
Williams & Anor v London Borough of Hackney, heard 14-15 Feb 2018.
Pimlico Plumbers Ltd & Anor v Smith, heard 20-21 Feb 2018.
Prudential Assurance Company Ltd v Commissioners for HMRC, heard 20-21 Feb 2018.
An NHS Trust & Ors v Y (by his litigation friend, the Official Solicitor), heard 26-27 Feb 2018.
Project Blue Ltd v Commissioners for HMRC, heard 28 Feb-1 Mar 2018.
James-Bowen & Ors v Commissioner of Police for the Metropolis, heard 6-7 Mar 2018.
R (Gallagher Group Ltd & Ors) v The Competition and Markets Authority, heard 13-14 Mar 2018.
Navigators Insurance Company Ltd & Ors v Atlasnavios-Navegacao LDA (formerly Bnavios Navegacao LDA), heard 20 Mar 2018.
Belhaj & Anor v DPP (expedited), heard 22 Mar 2018.
Commissioners for HMRC v Taylor Clark Leisure Plc (Scotland), heard 11 Apr 2018.