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Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 17 until Tuesday 18 July, the Supreme Court will hear the appeal of Mitsui & Co Ltd & Ors v Beteiligungsgesellschaft LPG Tankerflotte MBH & Co KG & Anor. This appeal will consider, where a ship is hijacked by pirates, and the initial ransom sum demanded is not paid, but a period of negotiation is entered into resulting in a lower ransom sum being agreed and paid, whether the expenses incurred during the negotiation period can be deemed to be general average expenses under the York-Antwerp Rules, Rule F (and therefore borne by all parties rather than the owners alone), on the basis that they are expenses incurred as an alternative to paying a general average expense (ie a higher ransom sum). It will also consider whether payment of the initially demanded ransom sum would have been ‘reasonable’ and therefore a general average expense under Rule A of the York-Antwerp Rules. This will be heard in Courtroom 1.
On Monday 17 July, the Judicial Committee of the Privy Council will hear the appeal of Petroleum Company of Trinidad & Tobago Ltd v Ryan & Anor (Trinidad & Tobago). This appeal will consider whether the Court of Appeal erred in its approach to findings of fact made by the trial judge, making an inference that the appellant’s wrongdoing was a contributory cause of the injury in circumstances where the respondents’ evidence did not satisfy the ‘but for’ test for causation, its assessment that the relevant evidence was within the control of the appellant, and holding that the respondents were entitled to succeed in their alternative claim for nuisance if they failed in respect of their primary claim in negligence. This will be heard in Courtroom 3.
On Wednesday 19 July, the Supreme Court will hear the appeal of Gordon & Ors, as the Trustees of the Inter Vivos Trust of the late William Strathdee Gordon v Campbell Riddell Breeze Paterson LLP (Scotland). This appeal will consider 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’. This will be heard in Courtroom 2.
On Wednesday 19 July, the Judicial Committee of the Privy Council will hear the appeal of Mohammed v Public Service Commission & Ors (Trinidad & Tobago). This appeal will consider whether the utilisation by the Public Service Commission of examination results of examinations set and marked by the Fire Service Examination Board contravened the principle of the independence of Service Commissions. This will be heard in Courtroom 3.
On Wednesday 19 July, the Supreme Court will hand down judgment in the case of PNM v Times Newspapers Ltd & Ors. The hand down panel will be Lord Mance, Lord Sumption and Lord Wilson. This appeal considered whether the Court of Appeal erred in its interpretation and application of the approach to be taken in balancing the privacy rights of a person arrested but nto charged with a crime against the right of the press to report open court proceedings following the Supreme Court’s decision in A v British Broadcasting Corporation (Scotland) [2014] UKSC 25.
On Wednesday 19 July, the Supreme Court will hand down judgment in the case of R (Hemming (t/a Simple Pleasure Ltd) & Ors) v Westminster City Council. The hand down panel will be Lord Mance, Lord Sumption and Lord Wilson. This appeal considered whether the appellants’ scheme of licencing sex shops in Soho, including those operated by the respondents, is permitted by Directive 2006/123/EC on Services in the Internal Market, as implemented by The Provision of Services Regulations 2009.
On Thursday 20 July, the Supreme Court will hold a further hearing in the appeal of Four Seasons Holdings Incorporated v Brownlie. This appeal will consider whether the Court of Appeal erred in holding that the tort jurisdictional gateway test under Practice Direction 6B of the CPR, paragraph 3.1(9)(a). This will be heard in Courtroom 2.
Professor Mark Elliott, for Public Law for Everyone, has given a seminar evaluating the Miller judgment in the Supreme Court. See here.
A full list of the cases scheduled for the Trinity term can be found here.
The following Supreme Court judgments remain outstanding:
PNM v Times Newspapers Ltd & Ors, heard 17 Jan 2017.
Armes v Nottinghamshire County Council, heard 8-9 February 2017.
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.
R (UNISON) v Lord Chancellor, heard 27-28 Mar 2017.
Arcadia Petroleum Ltd & Ors v Bosworth & Anor, heard 10-11 Apr 2017.
R (Cardiff & Vale University Health Board & Ors) v Ceredigion County Council & Ors, heard 26 Apr 2017.
Goldtrail Travel Ltd (in liquidation) v Onur Air Tasimacilik AS, heard 27 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.
McDonald v Newton or McDonald (Scotland), heard 11 May 2017.
R (Hemming (t/a Simply Pleasure Ltd) & Ors) v Westminster City Council, heard 11 May 2017.
Reyes v Al Malki & Anor, heard 15-18 May 2017.
Birch v Birch, heard 22 May 2017.
Benkharbouche v Secretary of State for Foreign & Commonwealth Affairs, heard 6-8 Jun 2017.
Sadovska & Anor v Secretary of State for the Home Department (Scotland), heard 12 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.
R v M; R v C; R v T, heard 19 Jun 2017.
MT Hojgaard AS v E.On Climate UK Robin Rigg East Ltd & Anor, heard 20 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.
BPP Holdings & Ors v Commissioners for HMRC, heard 27 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.