In the Supreme Court w/c 27 November 2017
27 Monday Nov 2017
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Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 27 and Tuesday 28 November, the Supreme Court will hear the appeal of Dryden & Ors v Johnson Matthey Plc. This appeal will consider whether the appellants have suffered actionable damage in the form of losses flowing from the physiological changes to their bodies caused by the respondent’s negligence; if not, whether the respondent is liable for the losses by reason of a breach of an implied term in the employment contract to keep the appellants safe at work; and/or whether the respondents owed a duty of care to hold the appellants harmless from the purely economic losses sustained. This will be heard in Courtroom 2.
On Tuesday 28, Wednesday 29 and Thursday 30 November, the Judicial Committee of the Privy Council will hear the appeals of Investec Trust (Guernsey) Ltd & Ors v Glanella Properties Ltd & Ors (Guernsey); & other cases. These appeals will consider whether the Trusts (Jersey) Law 1984, art 32(1)(a) applies to the British Virgin Islands companies’ claims, and the meaning and effect of this art. They will also consider whether, as a matter of construction of the loan agreements, the Former Trustees were personally liable to the BVI companies, and what the correct test is for establishing restitutionary liability. The appeals will also consider whether the Court of Appeal erred and/or breached ECHR, arts 6 and 8 in nor ordering a retrial or permitting amendment of a notice of appeal and, finally, whether the Trusts (Jersey) Law 1984, art 32 and/or the Trusts (Guernsey) Law 2007, s 42, apply to the costs orders. This will be heard in Courtroom 1.
On Wednesday 29 November, the Supreme Court will hold a further hearing in the appeal of SM (Algeria) v Entry Clearance Officer, UK Visa Section. This appeal considers whether the appellant is a ‘direct descendant’ or ‘extended family member’ within the meaning of the Immigration (European Economic Area) Regulations 2006, regs 7 and 8. This will be heard in Courtroom 2.
On Wednesday 29 November, the Supreme Court will give the judgment in the case of R (Forge Care Homes Ltd & Ors) v Cardiff and Vale University Health Board & Ors, originally promulgated on 2 August 2017. This will be filmed as a piece to camera.
On Wednesday 29 November, the Supreme Court will hand down the judgment in the case of Tituta International Ltd (in liquidation) v De Villiers Surveyors Ltd. The hand down panel will be Lady Hale, Lord Sumption and Lord Briggs. This appeal considered how the ‘but for’ test for causation is to be applied as between an allegedly negligent valuer and lender in a re-financing situation.
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.
Commissioner of Police of the Metropolis v DSD & Anor, heard 13-14 Mar 2017.
SM (Algeria) v Entry Clearance Officer UK Visa Section, heard 23 Mar 2017.
Arcadia Petroleum Ltd & Ors v Bosworth & Anor, heard 10-11 Apr 2017.
Four Seasons Holdings Incorporated v Brownlie, heard 9-10 May 2017.
R (Bancoult No 3) v Secretary of State for Foreign and Commonwealth Affairs, heard 28-29 Jun 2017.
Robinson v Chief Constable of West Yorkshire Police, heard 12 Jul 2017.
O’Connor v Bar Standards Board, heard 4 Oct 2017.
In the matter of C (Children), heard 9-10 Oct 2017.
Morris-Garner v One Step (Support) Ltd, heard 11-12 Oct 2017.
Dover District Council v CPRE Kent, heard 16 Oct 2017.
In the matter of an application by Kevin Maguire for Judicial Review, heard 19 Oct 2017.
Reference by the Court of Appeal in Northern Ireland pursuant to Paragraph 33 of Schedule 10 to the Northern Ireland Act 1998 (Abortion), heard 24-26 Oct 2017.
R (Black) v Secretary of State for Justice, heard 31 Oct-1 Nov 2017.
Tituta International Ltd (in liquidation) v De Villiers Surveyors Ltd, heard 6 Nov 2017.
Steel & Anor v NRAM PLC (Scotland), heard 7 Nov 2017.
Haralambous v Hertfordshire Constabulary, heard 8 Nov 2017.
Immigration – SIAC – bail. R (B) v Secretary of State for the Home Department, heard 14-15 Nov 2017.
Newcastle upon Tyne Hospital NHS Foundation Trust v Haywood, heard 20 Nov 2017.
R (AR) v Chief Constable of Greater Manchester Police & Anor, heard 21 Nov 2017.
Barton v Wright Hassall LLP, heard 22 Nov 2017.
R v McCool (Northern Ireland); R v Harkin (Northern Ireland), heard 23 Nov 2017.