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There are two appeals being heard this week in the Supreme Court. On Monday 18 and Tuesday 19 October R v Chaytor and others will be heard over two days by nine Justices: Lords Phillips, Hope and Rodger, Lady Hale and Lords Brown, Mance, Collins, Kerr and Clarke. The court will decide whether the Crown Court has jurisdiction to try a Member of Parliament in relation to the submission of an allegedly dishonest claim for Parliamentary expenses or allowances, or if the court is deprived of jurisdiction by either or both of (i) Article 9 of the Bill of Rights 1688; or (ii) the exclusive jurisdiction of Parliament.  The case details can be found on the Supreme Court website here.

The case of The Principal Reporter v JPK and others (Scotland) will be heard on Wednesday 20 and Thursday 21 October by Lords Hope and Rodger, Lady Hale, Lord Kerr and Sir John Dyson SCJ. The issues are: i) whether on the facts JPK as appellant was entitled to participate in children’s hearings by virtue of the interlocutor pronounced by the sheriff on 27 October 2006 or whether that order was incompetently pronounced and therefore appropriately suspended by the Court of Session; ii) whether the operation of s.93(2)(b) of the Children (Scotland) Act 1995 in defining the persons entitled to participate in a Children’s Hearing is such as to be incompatible with the rights of the appellant under Article 6, 8 or 14 of the European Convention on Human Rights; and iii) whether, in the event of these issues each being answered in the affirmative, such incompatibility as the court may identify can be addressed by reading down s.93(2)(b) of the 1995 Act by virtue of the provisions of s.3 of the Human Rights Act 1998, or whether the court ought rather to make a declaration of incompatibility.  The Supreme Court’s case details can be found here.

The Supreme Court has announced it will hand down judgment on Radmacher (formerly Granatino) v Granatino on Wednesday 20 October 2010. Our case preview is here.  The Solicitors’ Journal suggests that significant differences between the justices have delayed a final decision.  The “Guardian” also has an article about the case.

The Supreme Court has announced that “An Ad hoc selection commission has been established under section 27 and schedule 8 of the Constitutional Reform Act 2005 to select candidates to be recommended for appointment as Justices of the Supreme Court.  The advert mentions “one immediate vacancy” – this results from Lord Saville’s retirement.  It goes on to say that “a further vacancy is expected in May 2011” – this is because Lord Collins will reach the age of 70 on 7 May 2011 and, under the current rules, must then retire.

Privy Council

The Judicial Committee of the Privy Council will hear just one appeal this week. On Wednesday Lords Phillips, Walker, Brown, Collins and Clarke will hear Charles Villeneuve & Anr v Joel Gaillard & anr (Bahamas). This is a case from the Bahamas Court of Appeal.

No judgments will be handed down by the Privy Council this week.

Judgments outstanding

The following Supreme Court judgments remain outstanding:

R (SK) (Zimbabwe) v Secretary of State for the Home Department, heard 10-11 Feb 2010

Cadder v HM Advocate (Scotland), heard 24-26 May 2010

Dallah Real Estate and Tourism Holding Company v The Ministry of Religious Affairs, Government of Pakistan, heard 28-30 June 2010

Manchester City Council v Pinnock, heard 5-8 July 2010

Oceanbulk Shipping and Trading SA v TMT Asia Limited and others, heard 14-15 July 2010

R v Maxwell, heard 19-20 July 2010

Holland v The Commissioners for HMRC and another, heard 21-22 July 2010

Spiller and another v Joseph and others, heard 26 July 2010

Global Process Systems Inc and another v Syarikat Takaful Malaysia Berhad, heard 28 July 2010

Progress Property Company Limited v Moorgarth Group Limited, heard 5-6 October 2010

Human Genome Sciences Inc v Eli Lilly and Company, heard 7 October 2010

MA (Somalia) v Secretary of State for the Home Department, heard 11 October 2010

Multi-Link Developments Limited v North Lanarkshire Council (Scotland), heard 12 October 2010

Royal Bank of Scotland plc v John Patrick McCormack Wilson and another (Scotland) and Royal Bank of Scotland plc v Francis John Wilson and another (Scotland), heard 13-14 October 2010

The following Privy Council judgments are awaited:

Romeo Cannonier & Ors v The Queen (St Christopher & Nevis) and Romeo Cannonier v The Queen (St Christopher & Nevis), heard 13 May 2010

Noel Campbell v The Queen (Jamaica), heard 21-22 July 2010

The Public Service Appeal Board v Omar Maraj (Trinidad & Tobago), heard 5 October 2010

Tabeel Lewis v The State of Trinidad & Tobago, heard 11 October 2010

E. Anthony Ross v. Bank of Commerce (Saint Kitts Nevis) Trust and Savings Association Limited, heard 12 October 2010

The Palms Resort Limited v. P.P.C. Limited, heard 13 October 2010