In the Supreme Court w/c 22 October 2018
22 Monday Oct 2018
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Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 22 October, the Supreme Court will hear the appeal of Welsh Ministers v PJ (expedited). This appeal will consider whether a statutory power to impose conditions amounting to a deprivation of liberty can ever lawfully be ‘implied’, whether the framework for Community Treatment Orders provides practical and effective protection for patients’ rights under the ECHR, and what the scope of a tribunal’s power is to take ECHR rights into account. This will be heard in Courtroom 2.
On Tuesday 23 October, the Supreme Court will hear the appeal of In the matter of an application by Hugh Jordan for Judicial Review (Northern Ireland). This appeal will consider whether the appellant is permitted to bring a claim under the Human Rights Act 1998, alleging a breach of the requirement of promptness in an investigation into death contrary to the ECHR, art 2, before the inquest has finally concluded. This will be heard in Courtroom 2.
On Wednesday 24 and Thursday 25 October, the Supreme Court will hear the appeal of London Borough of Southwark & Anor v Transport for London. This appeal will consider whether the effect of a Transfer Order, which transferred to TfL certain roads in London, was only to transfer the surface of the highway and sufficient sub-soil (normally called the two top spits) as is necessary for the maintenance of the surface, or whether it was to transfer to TfL the entire interest held by the council in the land on which the highway ran. This will be heard in Courtroom 2.
On Wednesday 24 October, the Judicial Committee of the Privy Council will hear the appeal of Layne v Attorney General of Grenada (Grenada). This appeal will consider whether the Court of Appeal erred in holding that the judge did not wrongly exercise her discretion under the Legal Profession Act 2011, s 17(1)(a) in refusing to admit the appellant to practice as an attorney at law on account of his conviction for murder. This will be heard in Courtroom 3.
On Wednesday 24 October, the Supreme Court will hand down the judgment in KO (Nigeria) v Secretary of State for the Home Department & linked cases. The proposed panel for hand down is Lord Reed, Lord Carnwarth and Lord Briggs. This appeal considered whether a court or tribunal, when considering public interest in deportation, should take into account parental misconduct when assessing whether the effect of deportation on a child (with whom the foreign criminal has a parental relationship) is ‘unduly harsh’ under the Nationality, Immigration and Asylum Act 2002, s 117C(5) or the Immigration Act, para 399.
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.
Arcadia Petroleum Ltd & Ors v Bosworth & Anor, heard 10-11 Apr 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.
KO (Nigeria) v Secretary of State for the Home Department, & Or cases, heard 17-19 Apr 2018.
R (Hallam) v Secretary of State for Justice; R (Nealon) v Secretary of State for Justice, heard 8-9 May 2018.
Barnardo’s v Buckinghamshire & Ors, heard 11-12 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.
Dooneen Ltd (t/a McGuines Associates) & Anor v Mond (Scotland), heard 3 Jul 2018.
Regency Villas Title Ltd & Ors v Diamond Resorts (Europe) Ltd & Ors, heard 4-5 Jul 2018.
Rhuppiah v Secretary of State for the Home Department, heard 10 Jul 2018.
OWD Ltd, trading as Birmingham Cash & Carry, & Anor v Commissioners for HMRC, heard 12 Jul 2018.
Poole Borough Council v GN (through his litigation friend, ‘The Official Solicitor’) & Anor, heard 16-17 Jul 2018.
R (DA & Ors) v Secretary of State for Work and Pensions, heard 17-19 Jul 2018.
The UK Withdrawal from the EU (Legal Continuity) (Scotland) Bill – A reference by the Attorney General and the Advocate General for Scotland, heard 24-25 Jul 2018.
Secretary of State for Justice v MM, heard 26 Jul 2018.
Volcafe Ltd & Ors v Compania Sud Americana De Vapores SA, heard 3-4 Oct 2018.
In the matter of D (a child), heard 3-4 Oct 2018.
Takhar v Gracefield Developments Ltd & Ors, heard 10 Oct 2018.
Wells v Devani, heard 11 Oct 2018.
Williams v The Trustees of Swansea University Pernsion & Assurance Scheme & Anor, heard 16 Oct 2018.
S Franses Ltd v The Cavendish Hotel (London) Ltd, heard 17 Oct 2018.