In the Supreme Court w/c 2 February 2018
05 Monday Feb 2018
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Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 5 and Tuesday 6 February, the Supreme Court will hear the appeal of Gavin Edmondson Solicitors Ltd v Haven Insurance Company Ltd. This appeal will consider whether the Court of Appeal erred in allowing the respondent solicitors firm’s claim for equitable interference against the appellant insurer to recover its costs under conditional fee agreements after the appellant had compromised the underlying claims directly with the respondent’s clients on terms which did not provide for the payment of the respondent’s costs. This will be heard in Courtroom 2.
On Wednesday 7 February, the Supreme Court will hear the appeal of R (FA (Pakistan)) v Secretary of State for the Home Department. This appeal will consider whether refusal of asylum on the expectation an individual will supress expression of their religious faith, where the State criminalises the reasonable expression of that identity, is consistent with the ‘fundamental right to live openly and freely, as themselves’ as per HJ (Iran) and HT (Cameroon) v SSHD [2010] UKSC 31 or with the understanding of religious beliefs as ‘so fundamental to human identity that one should not be compelled to hide, change or renounce this in order to avoid persecution’ as per RT (Zimbabwe) & Ors [2012] UKSC 38. This will be heard in Courtroom 2.
On Thursday 8 February, the Supreme Court will hand down the judgment in the case of R (Bancoult No 3) v Secretary of State for Foreign and Commonwealth Affairs. The hand down panel will be Lord Mance, Lord Sumption, Lord Reed, Lord Hodge, Lady Black, and Lord Lloyd-Jones. This appeal considered whether the Court of Appeal should have held that evidence wrongly held to be inadmissible by the court below could and would have led to the conclusion that the decision of the respondent to create a marine protected area in the British Indian Ocean Territory was motivated by an improper purpose. It also considered whether the Court of Appeal erred in finding that the Secretary of State was not personally motivated by the alleged improper purpose and relying on that fact to conclude that the decision of the court below on admissibility would have made no difference.
On Thursday 8 February, the Supreme Court will hand down the judgment in the case of Robinson v Chief Constable of West Yorkshire Police. The hand down panel will be Lord Mance, Lord Sumption, Lord Reed, Lord Hodge, Lady Black, and Lord Lloyd-Jones. This appeal considered whether the ‘Hill v Chief Constable of West Yorkshire Police’ immunity, which protects the police from claims when in the course of their core duties they negligently cause injuries to passers-by, applies in a case where the relevant police act was a positive act. The appeal considered whether the Court of Appeal was correct to overturn the first instance findings of negligence.
On Thursday 8 February, the Supreme Court will hand down the judgment in the case of R (B) v Secretary of State for the Home Department. The hand down panel will be Lord Mance, Lord Sumption, Lord Reed, Lord Hodge, Lady Black, and Lord Lloyd-Jones. This appeal considered whether, once there is no longer a lawful basis for the detention of an individual pending deportation, there is still a power to grant bail and impose bail conditions in respect of that individual under the Immigration Act 1971.
On Thursday 8 February, the Supreme Court will hand down the judgment in the case of The Advocate General for Scotland v Romein (Scotland). The hand down panel will be Lord Mance, Lord Sumption, Lord Reed, Lord Hodge, Lady Black, and Lord Lloyd-Jones. This appeal considered whether the British National Act 1981, s 4C is of potential application to all children born before 1983 of daughters of men who emigrated from the UK to countries outside Ireland and the Commonwealth.
On Thursday 8 February, the Supreme Court will hand down the judgment in the case of HM Inspector of Health and Safety v Chevron North Sea Ltd (Scotland). The hand down panel will be Lord Mance, Lord Sumption, Lord Reed, Lord Hodge, Lady Black, and Lord Lloyd-Jones. This appeal considered whether the Employment Tribunal hearing an appeal under the Health and Safety at Work etc Act 1974, s 24 by a person on whom an improvement notice or prohibition notice has been served is entitled to take into account evidence which was not known and could not reasonably have been known to the inspector at the time he issued the notice.
On Thursday 8 February, the Judicial Committee of the Privy Council will hear the appeal of Honourable Attorney General & Anor v Isaac (Antigua and Barbuda). This appeal will consider the definition of an application for judicial review for the purposes of determining whether the requirement under CPR 2000, r 56.3(1) to obtain the court’s leave to bring the claim applies. This will be heard in Courtroom 3.
A full list of the cases scheduled for the Hilary 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.
Commissioner of Police of the Metropolis v DSD & Anor, heard 13-14 Mar 2017.
SM (Algeria) v Entry Clearance Officer UK Visa Section, heard 23 Mar 2017 and further, 29 Nov 2017.
Arcadia Petroleum Ltd & Ors v Bosworth & Anor, heard 10-11 Apr 2017.
Four Seasons Holdings Incorporated v Brownlie, heard 9-10 May 2017.
R (Bancoult No 3) v Secretary of State for Foreign and Commonwealth Affairs, heard 28-29 Jun 2017.
Robinson v Chief Constable of West Yorkshire Police, heard 12 Jul 2017.
In the matter of C (Children), heard 9-10 Oct 2017.
Morris-Garner v One Step (Support) Ltd, heard 11-12 Oct 2017.
In the matter of an application by Kevin Maguire for Judicial Review, heard 19 Oct 2017.
Reference by the Court of Appeal in Northern Ireland pursuant to Paragraph 33 of Schedule 10 to the Northern Ireland Act 1998 (Abortion), heard 24-26 Oct 2017.
R (Black) v Secretary of State for Justice, heard 31 Oct-1 Nov 2017.
Steel & Anor v NRAM PLC (Scotland), heard 7 Nov 2017.
Immigration – SIAC – bail. R (B) v Secretary of State for the Home Department, heard 14-15 Nov 2017.
Newcastle upon Tyne Hospital NHS Foundation Trust v Haywood, heard 20 Nov 2017.
R (AR) v Chief Constable of Greater Manchester Police & Anor, heard 21 Nov 2017.
Barton v Wright Hassall LLP, heard 22 Nov 2017.
R v McCool (Northern Ireland); R v Harkin (Northern Ireland), heard 23 Nov 2017.
Dryden & Ors v Johnson Matthey Plc, heard 27-28 Nov 2017.
The Advocate General for Scotland v Romein (Scotland), heard 6 Dec 2017.
Burnden Holdings (UK) Ltd v Fielding & Anor, heard 7 Dec 2017.
A v B & Anor, heard 12 Dec 2017.
R (Mott) v Environment Agency, heard 13 Dec 2017.
HM Inspector of Health & Safety v Chevron North Sea Ltd (Scotland), heard 14 Dec 2017.
R (Stott) v Secretary of State for Justice, heard 18 Jan 2018.
JSC BTA Bank v Khrapunov, heard 24-25 Jan 2018.
Iceland Foods Ltd v Berry (Valuation Officer), heard 25 Jan 2018.
Cartier International AG & Ors v British Telecommunications Plc & Anor, heard 30 Jan 2018.
Rock Advertising Ltd v MWB Business Exchange Centres Ltd, heard 1 Feb 2018.