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Hearings in the Supreme Court are now shown live on the Court’s website.
On Tuesday 9 May, the Judicial Committee of the Privy Council will hear the appeal of The AG v River Doree Holdings Ltd (Saint Lucia). This will consider the correct construction of the terms of a lease, including in light of the approach to construction set out in the St Lucia Civil Code. This will be heard in Courtroom 3.
On Tuesday 9 and Wednesday 10 May, the Supreme Court will hear the appeals of Four Seasons Holdings Incorporated v Brownlie (appeal and cross-appeal). The appeal will consider whether the CA erred in finding that the English court has jurisdiction over the respondent’s claim under the Fatal Accidents Act 1976, made in respect of a fatal motor accident in Egypt, on the basis that (a) there is a good arguable case the respondent has suffered damage within this jurisdiction and (b) her claim has a reasonable prospect of success. It will also consider whether the CA erred in finding that the English court has jurisdiction over the respondent’s contract claim on the basis that there is a good arguable case that an oral contract concluded by telephone was made (a) with the appellant corporation and (b) in England. The cross-appeal will consider whether the CA erred in holding that the tort jurisdiction gateway test under CPR PD6B, para 3.1(9)(a), which required that ‘damage’ be sustained within the jurisdiction, is not satisfied by indirect or consequential damage. This will be heard in Courtroom 2.
On Wednesday 10 May, the Supreme Court will hand down the judgment in the cases of China National Chartering Co Ltd v Gard Marine & Energy Ltd & Anor; Gard Marine & Energy Ltd v China National Chartering Co Ltd & Anor; and Daiichi Chuo Kisen Kaisha v Gard Marine & Energy Ltd & Anor. The hand down panel will be Lord Mance, Lord Clarke and Lord Carnwarth. These appeals considered the ‘Safe Port Issue’ in terms of whether, as a matter of law in the circumstances, there was a breach of a safe port warranty, and the ‘Recoverability Issue’ in terms of whether Clause 12 of the demise charter precludes the owners from recovering damages against the Demise Charterers for breach of the safe port warranty.
On Wednesday 10 May, the Supreme Court will hand down the judgment in the case of Poshteh v Royal Borough of Kensington & Chelsea. The hand down panel will be Lord Mance, Lord Clarke and Lord Carnwarth. This appeal considered the scope of enquiries required of a local authority when making decisions in homelessness cases to which the Equality Act 2010, s 149 applies, and the standard of review to be applied by courts when reviewing decisions of the local authority in such cases.
On Wednesday 10 May, the Supreme Court will hand down the judgment in the cases of Suffolk Coastal District Council v Hopkins Homes & Anor; and Richborough Estates Partnership LLP & Anor v Cheshire East Borough Council. The hand down panel will be Lord Mance, Lord Clarke and Lord Carnwarth. These appeals considered the meaning and effect of the National Planning Policy Framework, para 49.
On Thursday 11 May, the Supreme Court will hear the appeal of McDonald v Newton or McDonald (Scotland). This will consider whether the majority of the Extra Division of the Inner House erred in their interpretation of the Divorce Etc (Pensions) (Scotland) Regulations 2000, reg 4 by determining that the phrase ‘period of membership’ referred only to the period when contributions towards a pension are being made. This will be heard in Courtroom 2.
On Thursday 11 May, the Supreme Court will hear the appeal of R (Hemming (t/a Simply Pleasure Ltd) & Ors) v Westminster City Council. This will consider whether the appellants’ scheme of charging fees for licensing sex shops in Soho, including those operated by the respondents, is permitted by Directive 2006/123/EC on Services in the Internal Market, as implemented by The Provision of Services Regulations 2009. This will be heard in Courtroom 1.
A full list of the cases scheduled for the Easter 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.
Mohammed & Ors v Ministry of Defence & Anor, heard 9–10 May.
Lehman Brothers Holdings Inc v Lomas & Ors and other cases, heard 17-20 October 2016.
Mohammed & Ors v Ministry of Defence, heard 25-27 October 2016.
China National Chartering Company Ltd v Gard Marine and Energy Ltd & Anor, Gard Marine and Entergy Ltd v China National Chartering Company Ltd & Anor, and Daiichi Chuo Kisen Kaisha v Gard Marine and Energy Ltd & Anor, heard 1-3 November 2016.
R (A) (a Child) (by her litigation friend B) v Secretary of State for Health, heard 2 November 2016.
PNM v Times Newspapers Ltd & Ors, heard 17 Jan 2017.
Hartley & Ors v King Edward VI College, heard 1 February 2017.
Armes v Nottinghamshire County Council, heard 8-9 February 2017.
Poshteh v Royal Borough of Kensington and Chelsea, heard 14 February 2017.
R (Kiarie) v Secretary of State for the Home Department; R (Byndloss) v Secretary of State for the Home Department, heard 15-16 February 2017.
R (Coll) v Secretary of State for Justice, heard 21 Feb 2017.
Suffolk Coastal District Council v Hopkins Homes & Anor; Richborough Estate Partnership LLP & Anor v Cheshire East Borough Council, heard 22 and 23 Feb 2017.
Lord Advocate (representing the Taiwanese Judicial Authorities & Anor) v Dean (Scotland), heard on 6 Mar 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.