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Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 2 until Tuesday 3 July, the Judicial Committee of the Privy Council will hear the appeal of Stubbs v The Queen (Bahamas) and other cases. This appeal will consider whether Isaacs JA, who had presided over an earlier, aborted trial, should have disqualified himself form sitting on the appeal; and whether the appellants’ convictions are rendered unsafe by (i) the admission of various pieces of hearsay evidence; (ii) dock identifications; (iii) inadequate directions in relation to identification evidence; (iv) the prosecution’s failure to call witnesses of primary fact whose evidence tended to exculpate one of the appellants; (v) the admission of expert evidence by way of a report rather than live evidence; and (vi) the trial judge’s failure adequately to sum up and differentiate the case of one of the appellants from that of his co-defendants. It will also consider whether the sentence of life imprisonment imposed on the appellants (i) were imposed on a wrong basis given that there was no evidence the appellants knew the deceased was a police officer; (ii) failed to take into account constitutional breaches in mitigation; and (iii) are unconstitutional because they are not de jure and de facto reducible. This will be heard in Courtroom 3.
On Tuesday 3 July, the Supreme Court will hear the appeal of Dooneen Ltd (t/a McGuines Associates) & Anor v Mond (Scotland). This appeal will consider the construction of the expression ‘final distribution’ in a voluntary trust deed for creditors, and whether this includes a distribution made when the creditors receive less than 100 pence in the pound and there remain (following that distribution) assets vested in the trustee, albeit the trustee is unaware of their existence. This will be heard in Courtroom 2.
On Wednesday 4 to Thursday 5 July, the Supreme Court will hear the appeal of Regency Villas Title Ltd & Ors v Diamond Resorts Ltd & Ors. This appeal will consider, in the context of easements, the correct approach to the requirement that to qualify as an easement a right must accommodate the dominant tenement in the sense that it provides ‘utility and benefit’ in the use of the dominant land. It will particularly consider the correct approach when the right is a right to recreation which is enjoyed in a self-contained way on the servient land. The correctness of the decision in Re Ellenborough Park is also in issue. This will be heard in Courtroom 2.
On Wednesday 4 July, the Supreme Court will hand down the judgment in Belhaj & Anor v Director of Public Prosecutions & Anor. The proposed panel for hand down is Lady Hale, Lord Sumption and Lord Lloyd-Jon. This appeal considered whether judicial review of a decision not to prosecute is a proceeding ‘in a criminal cause or matter’ for the purposes of the Justice and Security Act 2013, s 6.
On Wednesday 4 July, the Supreme Court will hand down the judgment in Goldman Sachs International v Novo Banco SA. The proposed panel for hand down is Lady Hale, Lord Sumption and Lord Lloyd-Jon. This appeal considered whether the obligation under Directive 2001/24/EC, art 3 to apply reorganisation measures in accordance with the law of their home member state meant that the effect of a reorganisation measure taken by Banco de Portugal in August 2014 to transfer liabilities to the respondent fell to be determined by the effect in the Portuguese law of a later decision in December 2014. It also considered whether the December 2014 decision was itself a reorganisation measure which required recognition by the English courts.
Lord Justice Kitchen and Lady Justice Arden have been promoted to the Supreme Court, with the latter being the third woman to be appointed to the Supreme Court bench. They are to go up on October 1st. Lord Justice Sales is also being promoted, to start in the Supreme Court on January 11th. This is reported in The Times Brief (paywall).
A full list of the cases scheduled for the Trinity 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.
R (AR) v Chief Constable of Greater Manchester Police & Anor, heard 21 Nov 2017.
R (Stott) v Secretary of State for Justice, heard 18 Jan 2018.
Warner-Lambert Company LLC v Generics (UK) Ltd t/a Mylan & Anor, heard 12-15 Feb 2018.
Williams & Anor v London Borough of Hackney, heard 14-15 Feb 2018.
Prudential Assurance Company Ltd v Commissioners for HMRC, heard 20-21 Feb 2018.
An NHS Trust & Ors v Y (by his litigation friend, the Official Solicitor), heard 26-27 Feb 2018.
James-Bowen & Ors v Commissioner of Police for the Metropolis, heard 6-7 Mar 2018.
Belhaj & Anor v DPP (expedited), heard 22 Mar 2018.
Commissioners for HMRC v Taylor Clark Leisure Plc (Scotland), heard 11 Apr 2018.
KO (Nigeria) v Secretary of State for the Home Department, & Or cases, heard 17-19 Apr 2018.
Goldman Sachs International v Novo Banco S.A., heard 17-18 Apr 2018.
R v AB & CD, heard 19 Apr 2018.
Banca Nazionale del Lavoro SPA v Playboy Club London Ltd & Ors, heard 24 Apr 2018.
Totel Ltd v Commissioners for HMRC, heard 25-26 Apr 2018.
In the matter of an application by Siobhan McLaughlin for Judicial Review (NI), heard 30 Apr 2018.
Lee v Ashers Baking Company Ltd & Ors (NI), heard 1-2 May 2018.
R (Hallam) v Secretary of State for Justice; R (Nealon) v Secretary of State for Justice, heard 8-9 May 2018.
Owens v Owens, heard 17 May 2018.
Mills v Mills, heard 6 Jun 2018.
Darnley v Croydon Health Services NHS Trust, heard 7 Jun 2018.
Barnardo’s v Buckinghamshire & Ors, heard 11-12 Jun 2018.
Nottingham City Council v Parr & Anor, heard 13 Jun 2018.
In the matter of an application by Lorraine Gallagher for Judicial Review (Northern Ireland) and other cases, heard 19-21 Jun 2018.
In the matter of an application by Geraldine Finucane for Judicial Review (NI), heard 26-27 Jun 2018.
Warner v Scapa Flow Charters (Scotland), heard 28 Jun 2018.