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The matter of T (Children) is in the Supreme Court this morning, to be heard by L Phillips, L Hale, L Mance, L Dyson and L Carnwath. The respondents were interveners in care proceedings brought by the appellant that were exonerated in a fact-finding hearing, but their application for costs was refused. They have appealed from the Court of Appeal for the Supreme Court to determine the correct approach to be taken when ordering costs against public authorities in fact-finding hearings in care proceedings. Case details are available here.
On Tuesday 26 June 2012 is the appeal of Hewage v Grampian Health Board, on appeal from the Court of Session. In this matter the public authority employer has appealed to the Supreme Court, arguing that the Inner House had erred in finding that it had discriminated against the appellant employee on the basis of sex and race by failing to address the “reason why” question when examining the alleged discrimination, and that its remittal of the matter should be to a differently constituted ET. Here are the case details.
From Wednesday 27 until Thursday 28 June 2012 is the appeal of R v Varma, where the Supreme Court will decide if R v Clarke was correctly decided by clarifying whether a Crown Court has the power to make a confiscation order against a defendant following conviction for an offence if he or she receives an absolute or conditional discharge for that offence. Here are the case details.
On Wednesday 27 June 2012 the Supreme Court will hand down judgment in the following: Fairclough Homes Limited v Summers and Oracle America Inc. (Formerly Sun Microsystems Inc.) v M-Tech Data Limited.
In the Privy Council starting on Wednesday 27 June 2012 is the appeal from Trinidad and Tobago of Harinath Ramoutar v Commisioner of Prisons and anor, where the appellant employee was bypassed for a high ranking appointment in the prison service because he was held to be ineligible due to not holding a degree in social work, a requirement based on the Public Service Commission Regulations 26(1). It is for the Judicial Committee to determine whether the regulations impose this requirement. Case details are available here.
On Thursday 28 June 2012 is Richardson Anthony Arthur v The Attorney General of the Turks & Caicos Islands, an appeal concerning the sale of Crown land to the appellant who subsequently sold the land at a substantial profit. The issue is whether a constructive trust based on recipient liability is compatible with the Torrens system of land registration, and the case details are available here.
On Wednesday 27 June 2012 the Judicial Committee will hand down judgment in Donald Phipps v The Director of Public Prosecutions and the Attorney General of Jamaica.
The following Supreme Court judgments remain outstanding:
Stanford International Bank Ltd (acting by its joint liquidators) v Director of the Serious Fraud Office, heard 23 – 25 January 2012.
Perry & Ors v Serious Organised Crime Agency and Perry & Ors (No. 2) v Serious Organised Crime Agency, heard 20 – 23 March 2012.
R v Waya, heard 27 – 30 March 2012.
R (Alvi) v Secretary of State for the Home Department, heard 24 – 27 April 2012.
Secretary of State for the Home Department v Munir & Anor, heard 24 – 27 April 2012.
Phillips v Mulcaire, heard 8 May – 10 May 2012.
Al-Sirri v Secretary of State for the Home Department, heard 14 – 15 May 2012.
DD (Afghanistan) v Secretary of State for the Home Department, heard 16 – 17 May 2012.
Rubin & Anor v Eurofinance SA & ors, heard 21 – 24 May 2012.
Gow v Grant, heard 23 May 2012.
SerVaas Incorporated v Rafidian Bank & Ors, heard 28 – 29 May 2012.
The Health and Safety Executive v Wolverhampton City Council, heard 13 – 14 June 2012.
RT (Zimbabwe) v Secretary of State for the Home Department and KM v Secretary of State for the Home Department, heard 18 – 19 June 2012.
Hamilton (Tullochgribban Mains) Ltd) v The Highland Council & Anor, heard 20 – 21 June 2012.