In the Supreme Court w/c 16 October 2017
16 Monday Oct 2017
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Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 16 October, the Supreme Court will hear the appeal of Dover District Council v CPRE Kent. This appeal will consider the correct legal standard to be applied in assessing the adequacy of reasons provided by local planning authorities when granting planning permission. This will be heard in Courtroom 2.
On Tuesday 17 October, the Judicial Committee of the Privy Council will hear the appeal of Cleare v The Attorney General & Ors (Bahamas). This appeal will consider whether the judge overlooked and/or misconstrued medical evidence in a claim involving allegations of mistreatment in police custody; and whether the Court of Appeal was right to uphold the judge’s decision. This will be heard in Courtroom 3.
On Wednesday 18 October, the Supreme Court will hand down judgment in the case of Armes v Nottinghamshire County Council. The hand down panel will be Lord Kerr, Lord Sumption, Lord Reed and Lord Briggs. This appeal considered whether the local authority who placed the appellant into foster care is liable in respect of the physical and sexual abuse suffered by the appellant and perpetrated by her foster carers, even though the local authority was not negligent in connection with the foster placement.
On Wednesday 18 October, the Supreme Court will hand down judgment in the case of Reyes v Al-Malki & Anor. The hand down panel will be Lord Kerr, Lord Sumption, Lord Reed and Lord Briggs. This appeal considered whether the Employment Tribunal has jurisdiction to hear claims brought by the appellant, under the exception to diplomatic immunity contained in the Vienna Convention on Diplomatic Relations, art 3(1)(c), and whether the respondents were validly served with proceedings.
On Wednesday 18 October, the Supreme Court will hand down judgment in the case of Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs. The hand down panel will be Lord Kerr, Lord Sumption, Lord Reed and Lord Briggs. This appeal considered whether granting immunity from suit under the State Immunity Act 1978 engages, and breaches, the Respondents’ rights under the ECHR and EU Charter.
On Wednesday 18 October, the Supreme Court will hand down judgment in the case of In the matter of an application by Jason Loughlin for Judicial Review (Northern Ireland). The hand down panel will be Lord Kerr, Lord Sumption, Lord Reed and Lord Briggs. This appeal considered whether, in exercising the discretion in the Serious Organised Crime and Police Act 2005, s 74(3)(b), the Special Prosecutor is required to ask him/herself whether the sentencing court could conclude that the circumstances applicable when the sentence passed had changed as a result of knowing failures by the assisting offender to give assistance in accordance with the assisting offender agreement.
On Thursday 19 October, the Supreme Court will hear the appeal of In the matter of an application by Kevin Maguire for Judicial Review (Northern Ireland). This appeal will consider whether, in publically funded cases in which the court has certified that the interests of justice require the accused to have the services of two counsel to conduct his trial, where the accused wishes to retain a particular junior counsel, the requirement of the General Council of the Bar that he must instruct an available senior counsellor proceed with junior counsel is compatible with his ECHR, art 6(3) right to defend himself through legal assistance of his own choosing. This will be heard in Courtroom 2.
On Thursday 19 October, the Judicial Committee of the Privy Council will hear the appeal of Whitlock & Anor v Moree (Bahamas). This appeal will consider whether the Court of Appeal was wrong to disturb the judge’s conclusion that the funds in a joint bank account were held on trust. This will be heard in Courtroom 3.
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.
Taurus Petroleum Ltd v State Oil Marketing Company of the Ministry of Oil, Republic of Iraq (SOMO), heard 21-23 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.
P v Commissioner of Police of the Metropolis, heard 3-4 May 2017.
Four Seasons Holdings Incorporated v Brownlie, heard 9-10 May 2017.
Reyes v Al Malki & Anor, heard 15-18 May 2017.
Benkharbouche v Secretary of State for Foreign & Commonwealth Affairs, heard 6-8 Jun 2017.
Aberdeen City and Shire Strategic Development Planning Authority v Elsick Development Company Ltd (Scotland), heard 13 Jun 2017.
Brown v The Scottish Ministers (Scotland), heard 14-15 Jun 2017.
In the matter of an application by Jason Loughlin for Judicial Review (Northern Ireland), heard 20 Jun 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.
Littlewoods Ltd & Ors v Commissioners for HMRC, heard 3-6 Jul 2017.
Michalak v General Medical Council & Ors, heard 4 Jul 2017.
R (C) Secretary of State for Work & Pensions, heard 10-11 Jul 2017.
Robinson v Chief Constable of West Yorkshire Police, heard 12 Jul 2017.
Ivey v Genting Casinos Ltd t/a Crockfords (expedited), heard 13 Jul 2017.
Mitsui & Co Ltd & Ors v Beteiligungsgesellschaft LPG Tankerflotte MBH & Co KG & Anor, heard 17-18 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.