In the Supreme Court w/c 20 November 2017
20 Monday Nov 2017
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Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 20 November, the Supreme Court will hear the appeal of Newcastle upon Tyne Hospital NHS Foundation Trust v Haywood. This appeal will consider when a notice of termination of a contract of employment becomes effective. This will be heard in Courtroom 2.
On Tuesday 21 November, the Supreme Court will hear the appeal of R (AR) v Chief Constable of Greater Manchester Police & Anor. This appeal will consider whether disclosure of details of a rape acquittal in an Enhanced Criminal Record Certificate violates the presumption of innocence protected by ECHR, art 6(2). It will also consider whether an appellate court should determine the issue of proportionality for itself, whether disclosure of an acquittal is disproportionate where full details of the evidence at trial are not obtained and the allegations are not established on the balance of probabilities, and whether disclosure of an acquittal in an ECRC is in accordance with law when no independent review of the information occurs prior to disclosure. This will be heard in Courtroom 2.
On Wednesday 22 November, the Supreme Court will hear the appeal of Barton v Wright Hassall LLP. This appeal will consider whether the Court of Appeal erred in upholding the judgment of the courts below that there was no good reason to validate service under the Civil Procedure Rules, 6.15, whether the Court of Appeal’s reasoning breached the appellant’s ECHR, arts 6 and 13 rights, and whether the costs awarded by the Court of Appeal to the respondent were disproportionate to the work undertaken. This will be heard in Courtroom 2.
On Thursday 23 November, the Supreme Court will hear the appeals of R v McCool (Northern Ireland); R v Harkin (Northern Ireland). These appeals will consider whether a confiscation order under the Proceeds of Crime Act 2002, s 156, can be made by a Crown Court in circumstances where the defendant is convicted in proceedings before that Crown Court of an offence or offences which were committed before 24 March 2003, given the stipulations of the commencement, transitional and savings provisions ser out in the Proceeds of Crime Act 2002 (Commencement No 5, Transitional Provisions, Savings and Amendments) Order 2003, arts 2, 4 and 11. This will be heard in Courtroom 2.
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.
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.
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.
O’Connor v Bar Standards Board, heard 4 Oct 2017.
In the matter of C (Children), heard 9-10 Oct 2017.
Morris-Garner v One Step (Support) Ltd, heard 11-12 Oct 2017.
Dover District Council v CPRE Kent, heard 16 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.
Tituta International Ltd (in liquidation) v De Villiers Surveyors Ltd, heard 6 Nov 2017.
Steel & Anor v NRAM PLC (Scotland), heard 7 Nov 2017.
Haralambous v Hertfordshire Constabulary, heard 8 Nov 2017.
Immigration – SIAC – bail. R (B) v Secretary of State for the Home Department, heard 14-15 Nov 2017.