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Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 26 June, the Judicial Committee of the Privy Council will hear the appeal of Rivnu Investment Ltd v United Docks Ltd & Anor (Mauritius). This appeal will consider the proper construction of the term ‘loss of the controlling interest’ in a shareholders’ agreement. This will be heard in Courtroom 3.
On Tuesday 27 June, the Supreme Court will hear the appeal BPP Holdings & Ors v Commissioners for HMRC. This appeal will consider whether the Tax Chamber of the First-Tier Tribunal erred in imposing an order debarring HMRC from participating in an appeal following HMRC’s failure to comply with the Tribunal’s directions. This will be heard in Courtroom 2.
On Tuesday 27 June, the Judicial Committee of the Privy Council will hear the appeal of Hurnam (1) v The Attorney General & Ors. This appeal will consider whether the Supreme Court Rules 2000 require that no action can be entered into before the Supreme Court of Mauritius except by recourse to an attorney. This will be heard in Courtroom 3.
On Wednesday 28 until Thursday 29 June, the Supreme Court will hear the appeal of R (Bancoult No3) v Secretary of State for Foreign and Commonwealth Affairs. This appeal will consider whether the Court of Appeal should have held that evidence wrongly held to be inadmissible by the court below (the ‘Wikileaks cable’) could and would have led to the conclusion that the decision of the respondent to create a marine protected area in the British Indian Ocean Territory was motivated by an improper purpose, and whether the Court of Appeal erred in finding that the Secretary of State was not personally motivated by the alleged improper purpose and relying on that fact to conclude that the decision of the court below on admissibility would have made no difference. It will also consider whether the Court of Appeal erred as to a fundamental fact going to the lawfulness of the consultation that the Government of Mauritius had not asserted a right to fish in the British Indian Ocean Territory based on undertakings given by the UK and separate from its claims to sovereignty, and (in an argument raised by the respondent) whether the Court of Appeal erred in ruling that the Wikileaks cable was admissible in evidence. The Court must also determine whether the appellant has permission to adduce new evidence that was not available to the courts below in support of its grounds. This will be heard in Courtroom 1.
On Wednesday 28 June, the Supreme Court will hand down the judgment in the case of Globalia Business Travel SAU (formerly TravelPlan SAU) of Spain v Fulton Shipping Inc. The hand down panel will be Lord Neuberger, Lord Clarke and Lord Hodge. This appeal considered what the correct measure of shipowners’ damages following acceptance of a charterers’ repudiatory breach of charter is, and in particular whether a ‘benefit’ (the avoidance of a fall in the capital value on the ship over the unexpired balance of the charter period because of the vessel’s sale shortly after the repudiation) can be set of against the owners’ claim to recover loss of earnings for that period.
On Wednesday 28 June, the Supreme Court will hand down the judgment in the case of Lord Advocate (representing the Taiwanese Judicial Authorities & Anor) v Dean (Scotland). The hand down panel will be Lord Neuberger, Lord Clarke and Lord Hodge. This appeal considered whether the extradition of the respondent to Taiwan would be incompatible with the ECHR, art 3.
Work by law academics Steven Vaughan and Chris Hanretty has highlighted the prevalence of homophily at the Supreme Court, with all-male and all-female teams, and primarily the former, appearing before the Supreme Court far more often than mixed teams.
A full list of the cases scheduled for the Trinity term can be found here.
The following Supreme Court judgments remain outstanding:
Asset Land Investment Plc & Anor v The Financial Conduct Authority, heard 13–14 January 2016.
The Mayor’s Office for Policing and Crime v Mitsui Sumitomo Insurance Co (Europe) Ltd & Ors, heard 21 January 2016.
PNM v Times Newspapers Ltd & Ors, heard 17 Jan 2017.
Armes v Nottinghamshire County Council, heard 8-9 February 2017.
Keefe (by his litigation friend Eyton) v Hoteles Pinero Canarias SL, heard 7 Mar 2017.
Miller & Ors v Ministory of Justice; O’Brien v Ministry of Justice; and Walker v Innospec Ltd & Ors, heard 8-9 Mar 2017.
Commissioner of Police of the Metropolis v DSD & Anor, heard 13-14 Mar 2017.
RFC 2012 Plc (in liquidation) (formerly The Rangers Football Club Plc) v Advocate General for Scotland (Scotland), heard 15-16 Mar 2017.
Taurus Petroleum Ltd v State Oil Marketing Company of the Ministry of Oil, Republic of Iraq (SOMO), heard 21-23 Mar 2017.
SM (Algeria) v Entry Clearance Officer UK Visa Section, heard 23 Mar 2017.
R (UNISON) v Lord Chancellor, heard 27-28 Mar 2017.
Eli Lilly & Co v Actavis UK Ltd & Ors, heard 4-6 Apr 2017.
Arcadia Petroleum Ltd & Ors v Bosworth & Anor, heard 10-11 Apr 2017.
R (Cardiff & Vale University Health Board & Ors) v Ceredigion County Council & Ors, heard 26 Apr 2017.
Goldtrail Travel Ltd (in liquidation) v Onur Air Tasimacilik AS, heard 27 Apr 2017.
P v Commissioner of Police of the Metropolis, heard 3-4 May 2017.
Four Seasons Holdings Incorporated v Brownlie, heard 9-10 May 2017.
McDonald v Newton or McDonald (Scotland), heard 11 May 2017.
R (Hemming (t/a Simply Pleasure Ltd) & Ors) v Westminster City Council, heard 11 May 2017.
Reyes v Al Malki & Anor, heard 15-18 May 2017.
Birch v Birch, heard 22 May 2017.
Benkharbouche v Secretary of State for Foreign & Commonwealth Affairs, heard 6-8 Jun 2017.
Sadovska & Anor v Secretary of State for the Home Department (Scotland), heard 12 Jun 2017.
Aberdeen City and Shire Strategic Development Planning Authority v Elsick Development Company Ltd (Scotland), heard 13 Jun 2017.
Brown v The Scottish Ministers (Scotland), heard 14-15 Jun 2017.
R v M; R v C; R v T, heard 19 Jun 2017.
MT Hojgaard AS v E.On Climate UK Robin Rigg East Ltd & Anor, heard 20 Jun 2017.
In the matter of an application by Jason Loughlin for Judicial Review (Northern Ireland), heard 20 Jun 2017.
R (HC) v Secretary of State for Works and Pensions & Ors, heard 21-22 Jun 2017.
R (De Silva & Anor) v The Commissioners for HMRC, heard 22 Jun 2017.