In the Supreme Court w/c 4 December 2017 [updated]
04 Monday Dec 2017
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Hearings in the Supreme Court are now shown live on the Court’s website.
On Tuesday 5 December, the Supreme Court will hear the appeal of R (Gibson) v Secretary of State for Justice. This appeal will consider whether, when a confiscation order is made under the Drug Trafficking Act 1994, the words “the said sum… as was due at the time the period of detention was imposed” in the Magistrates’ Court Act 1980, s 79(2) mean the sum due when the default term was fixed by the Crown Court judge or the sum due when the default term was activated by the Magistrates’ Court. This will be heard in Courtroom 2.
On Wednesday 6 December, the Supreme Court will hear the appeal of The Advocate General for Scotland v Romein (Scotland). This appeal will consider whether the British National Act 1981, s 4C is of potential application to all children born before 1983 of daughters of men who emigrated from the UK to countries outside Ireland and the Commonwealth. This will be heard in Courtroom 2.
On Wednesday 6 December, the Judicial Committee of the Privy Council will hear the appeal of Beau Songe Development v The United Basalt Products Ltd & Anor (Mauritius). This appeal will consider whether the Mauritian Supreme Court erred in quashing a determination of the Environment and Land Use Appeal Tribunal upholding the grant of an Environmental Impact Assessment licence to subdivide a plot of land into residential lots. This will be heard in Courtroom 3.
On Wednesday 6 December, the Supreme Court will hand down the judgment in the case of O’Connor v Bar Standards Board. The hand down panel will be Lady Hale, Lord Carnwarth and Lord Lloyd-Jones. This appeal considered whether, where a person claims that a prosecution has been brought in breach of her human rights, the time limit for bringing proceedings under the HRA 1998 runs from the date of her acquittal/conviction, or the date on which any appeals are granted. It also considered whether the High Court judge was correct to conclude, for the purposes of the summary judgment application, that the appellant’s claim of indirect discrimination contrary to ECHR, arts 6 and 14 had a real prospect of success.
On Wednesday 6 December, the Supreme Court will hand down the judgment in the cases of Dover District Council v CPRE Kent; CPRE Kent v China Gateway International Ltd. The hand down panel will be Lady Hale, Lord Carnwarth and Lord Lloyd-Jones. These appeals considered the correct legal standard to be applied in assessing the adequacy of reasons provided by local planning authorities when granting planning permission.
On Thursday 7 December, the Supreme Court will hear the appeal of Burnden Holdings (UK) Ltd v Fielding & Anor. This appeal will consider what the proper construction of the Limitation Act 1980, s 21(1)(b) is, and whether a wrongdoing trustee’s direct or indirect control of a company of a company which receives trust property sufficient to engage that section, even though it requires the trust property or its proceeds to be in the possession of the trustee, or previously received by the trustee and converted to the trustee’s use. It will also consider the meaning of “unlikely to be discovered for some time” in the Limitation Act 1980, s 32(2). This will be heard in Courtroom 2.
UPDATE: Uber has lost it’s bid to bring its appeal in Aslam, Farrar & ors before the Supreme Court. The application was rejected and the case will now be heard at the Court of Appeal.
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 and further, 29 Nov 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.
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.
Dryden & Ors v Johnson Matthey Plc, heard 27-28 Nov 2017.