In the Supreme Court w/c 18 November 2019
18 Monday Nov 2019
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Hearings in the Supreme Court are now shown live on the Court’s website.
On Tuesday 19 November 2019, the Supreme Court will hear the appeal of R v Adams (Northern Ireland). This appeal considers whether a decision to make an interim custody order under the Detention of Terrorists (Northern Ireland) Order 1972, art 4(1) was rendered invalid by the fact that it was made by the Minister of State and had not been considered personally by the Secretary of State.
On Wednesday 20 November 2019, the Court will hand down judgment in R (on the application of Wright) v Resilient Energy Severndale Ltd and Forest of Dean District Council.
This appeal considers whether on an application for planning permission for a wind turbine proposed to be undertaken by a community benefit society, the distribution to the local community of a community benefit fund derived from the operation of the turbine is, in the circumstances of the case, a material planning consideration which the council could lawfully take into account when considering whether to grant planning permission.
On Wednesday 20 November 2019, the Court will also hand down judgment in Edwards on behalf of the estate of the late Arthur Watkins v Hugh James Ford Simey Solicitors. This appeal considers the circumstances in which the principle of full compensation (i.e., restitutio in integrum) is engaged. It also considers the extent to which a court should admit evidence which was obtained after the date of settlement of the original claim when determining whether a claimant has suffered loss.
On Wednesday 20 November 2019, the Court will hear the appeal of R (on the application of Palestine Solidarity Campaign Ltd & Anor) v Secretary of State for Communities and Local Government. The Court will consider whether parts of the Secretary of State’s guidance on the investment of Local Government Pensions Schemes relating to UK foreign and defence policy were for an unauthorized purpose.
On Thursday 21 November 2019, the Court will hear the appeal of MS (Pakistan) v Secretary of State for the Home Department. This appeal considers where the Competent Authority for the purposes of the European Convention on Action against Trafficking in Human Beings has determined that a person is not a victim of trafficking, what effect this has on the jurisdiction of a tribunal hearing an appeal against a decision to remove that person to decide whether a person is a victim of trafficking. The appeal will also consider the impact of a tribunal decision that a person is a victim of trafficking on the lawfulness of the decision to remove the person by reference to article 4 of the European Convention on Human Rights and applicable policy.
On Monday 18 November 2019, the Privy Council will hear the appeal of Attorney General of St Helena v AB & Ors (St Helena). This appeal considers whether the St Helena Court of Appeal erred in the principles it applied when considering the appropriate level of damages for pain, suffering and loss of amenity.
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.
Vedanta Resources Plc & Anor v Lungowe & Ors, heard 15-16 Jan 2019.
MacDonald & Anor v Carnbroe Estates Ltd (Scotland), heard 2 May 2019.
Patel v Secretary of State for the Home Department; Secretary of State for the Home Department v Shah, heard 7 May 2019.
Sevilleja v Marex Financial Ltd, heard 8 May 2019.
Royal Mail Group Ltd v Jhuti, heard 12-13 Jun 2019.
Micula & Ors v Romania, heard 18-20 Jun 2019.
Test Claimants in the Franked Investment Income Group Litigation & Ors v Commissioners of Inland Revenue, heard 27 Jun 2019.
R (Lancashire County Council) v Secretary of State for the Environment, Food and Rural Affairs, heard 15-16 Jul 2019.
R (Wright) v Resilient Energy Severndale Ltd & Anor, heard 22-23 Jul 2019.
Edwards on behalf of the late Arthur Watkins v Hugh James Ford Simey Solicitors, heard 25 Jul 2019.
R (DN (Rwanda)) v Secretary of State for the Home Department, heard 7- 8 October 2019.
Duval v 11-13 Randolph Crescent ltd, heard 10 October 2019.
FMX Foods Merchants Import Export Co Ltd v Commissioners for Her Majesty’s Revenue & Customs, heard 14 October.
In the matter of an application by Deborah McGuinness for Judicial Review (Northern Ireland) No 1 and 2, heard 15 October 2019.
Unwired Planet International Ltd & Anor v Huawei Technologies (UK) Co Ltd & Anor, Huawei Technologies Co Ltd & Anor v Conversant Wireless Licensing SARL and ZTE Corporation & Anor v Conversant Wireless Licensing SARL, heard 21- 24 October.
In the matter of an application by Anthony McIntyre for Judicial Review (Northern Ireland), heard 24 October 2019.
Commissioners for Her Majesty’s Revenue & Customs v Parry & Ors. heard 31 October 2019.
Aspen Underwriting Ltd & Ors v Credit Europe Bank NV, heard 4-5 November 2019.
WM Morrisons Supermarkets plc v Various Claimants, heard 6-7 November 2019.
Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd), heard 12-13 November 2019.
R (on the application of Jalloh (Liberia)) v Secretary of State for the Home Department, heard 12 November 2019.
ABC (AP) v Principal Reporter & Anor (Scotland), heard 13- 14 November 2019.
In the matter of XY (AP) (Scotland), heard 13- 14 November 2019.