In the Supreme Court w/c 6 November 2017
06 Monday Nov 2017
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Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 6 November, the Supreme Court will hear the appeal of Tituta International Ltd (in liquidation) v De Villiers Surveyors Ltd. This appeal will consider how the ‘but for’ test of causation is to be applied as between an allegedly negligent valuer and lender in a re-financing situation. This will be heard in Courtroom 2.
On Tuesday 7 November, the Supreme Court will hear the appeal of Steel & Anor v NRAM PLC (Scotland). This appeal will consider whether the majority of the Extra Division correctly interpreted and applied the law relative to the existence of a duty of care or whether the majority have developed a new test, and whether the majority of the Extra Division exceeded the scope of their appellate jurisdiction. This will be heard in Courtroom 2.
On Wednesday 8 November, the Supreme Court will hear the appeal of Haralambous v Hertfordshire Constabulary. This appeal will consider, in proceedings for judicial review of the legality of a search warrant issued ex parte, whether it is permissible for the High Court to have regard to evidence which is not disclosed to the subject of the warrant, and whether, if so, the same applies to judicial review proceedings regarding the legality of an order made inter partes for retention of unlawfully seized material under the Criminal Justice and Police Act 2001, s 59. If this is the case, considering whether the principles in Tariq v Home Office concerning irreducible minimum disclosure apply to proceedings concerning search warrants. This will be heard in Courtroom 2.
On Thursday 9 November, the Judicial Committee of the Privy Council will hear the appeal of Staray Capital Ltd & Anor v Cha, Yang (also known as Stanley) (British Virgin Islands). This appeal will consider whether the Court of Appeal erred in concurring with the judge below that statements made to Mr Chen by Mr Cha did not amount to material representations within the provisions of Staray’s Articles of Association, reg 3.8(a), and whether the Court of Appeal erred in concurring with the judge at first instance as to the costs order made in favour of Mr Cha. This will be heard in Courtroom 3.
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 (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.
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.
Gordon & Ors as Trustees of the Inter Vivos Trust of the late William Strathdee Gordon v Campbell Riddell Breeze Paterson LLP (Scotland), heard 19 Jul 2017.
Scotch Whisky Association & Ors v the Lord Advocate & Anor (Scotland), heard 24-25 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.