In the Supreme Court w/c 9 October 2017
09 Monday Oct 2017
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Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 9 until Tuesday 10 October, the Supreme Court will hear the appeal of In the matter of C (Children). This appeal will consider whether ‘anticipatory retention’ is a concept recognised under the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (‘the 1980 Hague Convention’). This will be heard in Courtroom 2.
On Tuesday 10 October, the Supreme Court will hear the appeal of Love v ELB Securities Ltd (Scotland). This appeal will consider whether, where there has been a disclaimer by the Queen’s and Lord Treasurer’s Remembrancer of any interest in a lease held by a dissolved company and that company is subsequently restored to the Register of Companies, the Companies Act 2006, s 1032(1) has the effect that the lease is deemed to have always continued in existence or whether the notice of disclaimer has the effect of bringing the lease to an end. This will be heard in Courtroom 3.
On Wednesday 11 until Thursday 12 October, the Supreme Court will hear the appeal of Morris-Garner v One Step (Support) Ltd. This appeal will consider the circumstances in which it is permissible to award damages measured as a percentage of the defendant’s profits resulting from a defendant’s breach of a restrictive covenant. This will be heard in Courtroom 2.
On Wednesday 11 until Thursday 12 October, the Judicial Committee of the Privy Council will hear the appeal of Deslauriers & Anor v Guardian Asset Management Ltd (Trinidad & Tobago). This appeal will consider whether the Court of Appeal was wrong to uphold the decision that no misrepresentation or negligent misstatement had been made. It will also consider whether the Court of Appeal failed to deal with the Judge’s decision that the Remedies of Creditors Act provided no discretion to the court on the respondent’s application, when in fact it did; whether it was wrong to order possession of Victoria Square, given that the respondent already has the right to sell Hevron Heights with vacant possession and satisfy its debt from that source; and whether it was wrong to give possession of the property without due regard to the appellants’ right to be represented by counsel and their constitutional right to a fair hearing prior to reaching a decision. 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:
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.
Commissioner of Police of the Metropolis v DSD & Anor, heard 13-14 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.
Arcadia Petroleum Ltd & Ors v Bosworth & Anor, heard 10-11 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.
Reyes v Al Malki & Anor, heard 15-18 May 2017.
Benkharbouche v Secretary of State for Foreign & Commonwealth Affairs, heard 6-8 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.
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.
R (Bancoult No 3) v Secretary of State for Foreign and Commonwealth Affairs, heard 28-29 Jun 2017.
Littlewoods Ltd & Ors v Commissioners for HMRC, heard 3-6 Jul 2017.
Michalak v General Medical Council & Ors, heard 4 Jul 2017.
R (C) Secretary of State for Work & Pensions, heard 10-11 Jul 2017.
Robinson v Chief Constable of West Yorkshire Police, heard 12 Jul 2017.
Ivey v Genting Casinos Ltd t/a Crockfords (expedited), heard 13 Jul 2017.
Mitsui & Co Ltd & Ors v Beteiligungsgesellschaft LPG Tankerflotte MBH & Co KG & Anor, heard 17-18 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.