The Supreme Court will hear two appeals this week, starting on Monday 25 October with The Child Poverty Action Group (Respondent) v Secretary of State for Work and Pensions (Appellant). This case will be heard by Lords Phillips, Rodger, Brown and Kerr and Sir John Dyson SCJ.  The issue is whether the Secretary of State is entitled, under the common law of restitution, to recover overpaid social security benefits which have been in error incorrectly awarded or awarded in an excessive amount; or whether this right has been removed or excluded by s.71 of the Social Security Administration Act 1992 (which provides for recovery in cases of misrepresentation or non-disclosure). The case details from the Supreme Court can be found here.

The case of Sienkiewicz (Administratrix of the Estate of Enid Costello deceased) v Greif (UK) Limited and Knowsley Metropolitan Borough Council v Willmore are linked and are being heard over three days from Tuesday 26 October to Thursday 28 October 2010 by Lords Phillips and Rodger, Lady Hale, Lords Brown, Mance and Kerr and Sir John Dyson SCJ.  In Sienkiewicz the court is to determine whether the Fairchild exception to the ordinary principles of causation applies where medical science permits a claimant to prove on the balance of probabilities that her mesothelioma was the result of a particular employment, and whether section 3 of the Compensation Act 2006 alters the common law position on causation of mesothelioma cases.  The Supreme Court’s case details can be found here. The issue in Knowsley is what the term “material increase in risk” means in the context of causation in mesothelioma cases and what evidence is necessary to establish such a risk.  The court’s case details are here.

Meanwhile, the Judicial Committee of the Privy Council will hear two appeals this week starting on Monday 25 October 210: National Transport Authority (Appellant) v Mauritius Secondary Industry Limited (Respondent) will be heard by Lords Hope, Walker, Mance, Collins and Clarke. On appeal from the Supreme Court, the case concerned whether the rent quoted in the tender for a letting of premises was inclusive of VAT.  A Bahamas Court of Appeal case, Steven Kent Jervis & Another (Appellants) v Victor John Skinner (Respondent) (Bahamas) will be heard over Wednesday 27 and Thursday 28 October 2010 by Lords Hope, Walker, Collins, Clarke and Sir John Laws.  The judgment of the Bahamas Court of Appeal is here.

The Supreme Court will be handing down judgment on Cadder v Her Majesty’s Advocate on Tuesday 26 October 2010. Our case preview is here.  The hand down of the judgmnet in Oceanbulk Shipping & Trading SA  v TMT Asia Limited and others has been announced for hand-down on Wednesday 27 October 2010.  Our case preview is here.

No judgments will be handed down by the Privy Council this week.

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

Dallah Real Estate and Tourism Holding Company v The Ministry of Religious Affairs, Government of Pakistan, heard 28-30 June 2010

Manchester City Council v Pinnock, heard 5-8 July 2010

R v Maxwell, heard 19-20 July 2010

Holland v The Commissioners for HMRC and another, heard 21-22 July 2010

Spiller and another v Joseph and others, heard 26 July 2010

Global Process Systems Inc and another v Syarikat Takaful Malaysia Berhad, heard 28 July 2010

Progress Property Company Limited v Moorgarth Group Limited, heard 5-6 October 2010

Human Genome Sciences Inc v Eli Lilly and Company, heard 7 October 2010

MA (Somalia) v Secretary of State for the Home Department, heard 11 October 2010

Multi-Link Developments Limited v North Lanarkshire Council (Scotland), heard 12 October 2010

Royal Bank of Scotland plc v John Patrick McCormack Wilson and another (Scotland) and Royal Bank of Scotland plc v Francis John Wilson and another (Scotland), heard 13-14 October 2010

R v Chaytor and others, heard 18-19 October 2010

Principal Reporter v K and others heard 20-21 October 2010

The following Privy Council judgments are awaited:

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

Noel Campbell v The Queen (Jamaica), heard 21-22 July 2010

The Public Service Appeal Board v Omar Maraj (Trinidad & Tobago), heard 5 October 2010

Tabeel Lewis v The State of Trinidad & Tobago, heard 11 October 2010

E. Anthony Ross v. Bank of Commerce (Saint Kitts Nevis) Trust and Savings Association Limited, heard 12 October 2010

The Palms Resort Limited v. P.P.C. Limited, heard 13 October 2010

Charles Villeneuve & Anr (Appellants) v Joel Gaillard & Anr (Respondents) (Bahamas), heard 20-21 October 2010