Two appeals will be heard in the Supreme Court this week.  The first, in the matter of an application by ‘JR17’ for Judicial Review will be heard on Monday and Tuesday by Lords Phillip, Rodger, Brown, Lady Hale and Sir John Dyson SCJ.  This is the debut of the Supreme Court’s newest justice, Sir John Dyson SCJ.  It is an appeal from the Northern Ireland Court of Appeal, [2009] NICA 14).  Our case preview is here and the case details can be found on the Supreme Court Website here.

The second case this week, Austin (FC) v Mayor and Burgesses of the London Borough of Southwark, will be heard on Wednesday and Thursday by Lords Hope, Walker, Lady Hale and Lords Brown and Kerr.  It is an appeal from the Court of Appeal [2009] EWCA Civ 66 – dismissing an appeal from Flaux J who dismissed an appeal from HHJ Welchman in the Lambeth County Court.  The question for the court is whether the Appellant had a right to succeed a secure tenancy which terminated during the life of the tenant (his deceased brother) as a result of a possession order, but with the deceased remaining in possession as a “tolerated trespasser”, by applying for the revival of the tenancy under section 85 of the Housing Act 1985.  The case also raises a human rights issue, namely, whether that statutory right to apply for the revival of the tenancy constitutes “possession” for the purposes of A1P1 of the European Convention of Human Rights.  The case details can be found here.  Our case preview will appear shortly.

One appeal was listed this week before the Judicial Committee of the Privy Council – in the case of Horizon Bank International Ltd (in liquidation) v Allen Walsh and others (Bermuda) however, the latest version of the “Judicial Sittings for Easter Term” (already up to Version 4) indicates the case has settled.  The last substantive appeal heard by the Judicial Committee of the Privy Council was on 22 and 23 February 2010.  However, next week it springs into action and goes “on tour”, hearing 5 short appeals in Mauritius.

The Supreme Court will give judgment in the case of R (on the application of JF)(by his litigation friend OF) v Secretary of State for the Home Department (heard on 3-4 February 2010).  Note that he case is now named as F (by his litigation friend F)).  The case details are here and our case preview here.   Once again, the Privy Council is not due to hand down any judgments this week.

Judgements outstanding

The following Supreme Court judgments remain outstanding:

R (Sainsbury’s) v Wolverhampton City Council, heard 1-2 Feb 2010

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

ZN (Afghanistan) v Entry Clearance Officer, heard 15 Feb 2010

Roberts v Gill, heard 22-23 February 2010

Inveresk plc  v Tullis Russell Papermakers Ltd (Scotland), heard 1-2 March 2010

Farstad Supply AS v Enviroco Limited and another (Scotland), heard 9 March 2010

R (on the application of Smith) v Secretary of State for Defence, heard 15-17 March 2010

Radmacher v Granatino, heard 22-23 March 2010

A v Essex County Council, heard 24-25 March 2010

OB v Aventis Pasteur SA, heard 14-15 April 2010

The following Privy Council judgments are awaited:

Larry Winslow Marshall v Deputy Governor of Bermuda, heard 22-23 February 2010