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Listed for four days from Monday 18 until Thursday 21 February 2013 is the matter of Ministry of Defence v Smith & Ors, to be heard by a panel of seven (L Hope, L Walker, L Hale, L Mance, L Kerr, L Wilson and L Carnwath). The first two appeals concern UK servicemen in Iraq who lost their lives when the Snatch Land Rovers they were travelling in took the impact of an improvised explosive device detonating. The appellant families claim that the MoD was in breach of ECHR, art 2 by failing to provide suitably armoured vehicles. The second and third appellants also argue that the respondent was negligent in failing to provide suitable equipment, and in deciding to put Snatch Land Rovers back into use after they had been withdrawn following the first death. A further appeal is a negligence claim concerning death of a soldier and injuries to others in a “friendly fire” incident. In this appeal it is alleged that the failure to provide equipment to protect against the risk of friendly fire and the failure to provide suitable vehicle recognition training is negligent. The Supreme Court will determine whether the soldiers killed were under the jurisdiction of ECHR, art 1 at the time of their deaths; and, if so, whether the MoD owed a duty to the soldiers under ECHR, art 2; and whether the negligence complaints are covered by the doctrine of combat immunity. Case details are available here, and the UKSC case preview is linked to here.
On Wednesday 20 February 2013 the Supreme Court will hand down judgment in the following: In the matter of L-B (Children), In the matter of J (Children), and Sharif v The London Borough of Camden.
In the Privy Council on Tuesday 19 February 2013 is the appeal from the British Virgin Islands of Thomas Townsend & Anor (Deceased) v Persistence Holdings Limited, a dispute over the agreed price in a property sale. For more information case details are available here.
The following Supreme Court judgments remain outstanding:
Stanford International Bank Ltd (acting by its joint liquidators) v Director of the Serious Fraud Office, heard 23 – 25 January 2012.
HMRC v Loyalty Management UK Ltd, heard 24 – 25 October 2012.
R (Faulkner) v Secretary of State for Justice & Anor and R (Faulkner) v Secretary of State for Justice & The Parole Board, heard 19 – 21 November 2012.
Daejan Investments Ltd v Benson & Ors, heard 4 December 2012.
Financial Services Authority v Sinaloa Gold plc & Ors, heard 12 – 13 December 2012.
Schutz Ltd v Werit Ltd, heard 15 – 16 January 2013.
Hayes v Willoughby, heard 17 January 2013.
WHA Ltd & Anor v HMRC, heard 21 – 24 January 2013.
SL v Westminster City Council, heard 28 – 29 January 2013.
Davies & Anor t/a All Stars Nursery v The Scottish Commission for the Regulation of Care, heard 30 January 2013.
Joint Administrators of Heritable Bank v The Winding-Up Board of Landsbanki Islands HF, heard 4 – 5 February 2013.
Public Relations Consultants Association Ltd v The Newspaper Licensing Agency Ltd & Ors, heard 11 – 12 February 2013.
The President of the Methodist Conference v Preston, heard 13 – 14 February 2013.