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The Supreme Court will hear one appeal and hand down one judgment this week in what is the final week of the Easter term.  On Monday, Tuesday and Wednesday a seven strong bench consisting of Lords Hope, Rodger, Walker, Brown, Mance, Kerr and Sir John Dyson will first hear an application for permission to appeal in the case of Cadder v HM Advocate (Scotland) and will then hear the full appeal in that case immediately after, assuming that permission is granted.  This is a criminal case raising a devolution issue following a hearing before the High Court of Justiciary in Scotland.  The appellant is arguing that his Article 6 right to a fair trial was infringed by the use at trial of evidence obtained by police interview without legal representation.  The Advocate General for Scotland and JUSTICE are intervening.  The case details can be found on the Supreme Courts website here.

The Supreme Court has announced it will hand down judgment in the case of OB (by his mother and litigation friend) (FC) v Aventis Pasteur SA on Wednesday.  The judgment has been prepared fairly quickly as the hearing only took place last month.  Aventis Pasteur SA had argued OB’s case against them for damages, following a defective vaccination, was time barred but it seems likely this judgment will be bad news for Aventis, following a preliminary ruling on the interpretation of the relevant provisions of the EC Directive on product liability by the ECJ in December 2009 (see here).  Our case preview is here.

Court News

We mentioned in earlier posts that Lady Hale has been travelling: to New Zealand and then to the International Conference of International Association of Women Judges, in Seoul, South Korea.  The speeches which she delivered in New Zealand and South Korea are now available on the court’s website.   We will consider them in more detail in later posts.

The Court has announced that on 1 and 2 June 2010 its Law Library will be open to the public who will be able to see a number of works of art and what is described as an “eye catching wood and glass balustrade with quotations chosen by some of the Justices“.  The collection is interesting and eclectic, from Plato to Megarry via Disraeli and Tolstoy – full details can be found here. The Court’s works of art are listed on the “Art at the Court” section of its website.

Judicial Committee

The Judicial Committee of the Privy Council will also hear one appeal and hand down one judgment this week.  Sitting for four days starting on Monday Lords Phillips, Saville, Collins, Clarke and Dame Mary Arden will hear the case of James Henry Ting & Ors v Cosimo Borrelli as Liquidator of AKAI Holdings Ltd & Ors (Bermuda) on appeal from the Bermudan Court of Appeal (see here).  The case details are on the Privy Council’s website here.

On Monday the Privy Council will hand down judgment in Larry Winslow Marshall v Deputy Governor of Bermuda another case on appeal from the Bermudan Court of Appeal (see here) which will determine the legality of enforced military service in Bermuda.  The appellants made a number of arguments including that conscription violates their human rights and that the conscription of men only is unlawful discrimination.  The case details can be found on the Privy Council’s website here.

Judgments outstanding

The following Supreme Court judgments remain outstanding:

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

In the matter of an Application by JR17 for judicial Review (NI), heard 19-20 April 2010

Austin v Mayor and Burgesses of the London Borough of Southwark, heard 21-22 April 2010

MS Palestinian Territories v Secretary of State for the Home Department, heard 26-27 April 2010

Secretary of State for the Home Department v AP, heard 5-6 May 2010

HT (Cameroon) v Secretary of State for the Home Department, heard 10-12 May 2010

R (on the application of Noone) v The Governor of HMP Drake Hall heard 11-12 May 2010

Southern Pacific Personal Loans Ltd v Walker & Another, heard 13 May 2010

R (on the application of ZO Somalia) v Secretary of State for the Home Department, heard 17-18 May 2010

The following Privy Council judgments are awaited:

F B M Nahaboo and others v N Parsooramen and others, heard 26 April 2010

Marie Jean Mirbel and others v The State of Mauritius, heard 27 April 2010

Gangasingh Aubeeluck v The State of Mauritius, heard 28 April 2010

Moodoosoodun v The State of Mauritius, heard 28 April 2010

Societe Royal Gardens et Compagnie, heard 29 April 2010

138 others v Mauritius Revenue Authority, heard 29 April 2010

Devendranath Huram v K Bholah, heard 30 April 2010

Romeo Cannonier & Ors v The Queen (St Christopher & Nevis) and Romeo Cannonier v The Queen (St Christopher & Nevis), heard 13 May 2010

Kirk Gordon v The Queen (Belize), heard 17 May 2010

Andrew Ryan Ferrell v The Queen (Gibraltar), heard 18-19 May 2010