This Week In the Supreme Court – w/c 29th November 2021

Hearings in the Supreme Court are now shown live on the Court’s website.

On Tuesday 30th November and Wednesday 1st December the Court will hear the case of Bloomberg LP v ZXC, at 10:30 in Courtroom One. The Court will hear submissions on Whether, and to what extent, a person who has not been charged with an offence can have a reasonable expectation of privacy in relation to information that relates to a criminal investigation into his activities. The judgment being appealed is [2020] EWCA Civ 611.

 

On Wednesday 1st December, the Court will hand down judgment in Fratila and another v Secretary of State for Work and Pensions. This appeal concerns the entitlement of EU citizens to UK benefits in light of UK’s withdrawal from the EU (“Brexit”). The Supreme Court is asked to consider: 1. whether a person with no EU law right to reside in an EU Member State is entitled to rely on the prohibition on nationality discrimination contained in Article 18 of the Treaty on the Functioning of the European Union (“TFEU”); and 2. the proper approach to the distinction between direct and indirect discrimination and whether indirect discrimination may, in the circumstances of the present case, be objectively justified. The judgment being appealed is [2020] EWCA Civ 1741.

 

On Thursday 2nd December the Court will hear the case of Guest and another v Guest, at 10:30 in Courtroom One. The appeal raises questions about the proper approach to granting relief under the doctrine of proprietary estoppel. The Supreme Court is asked to decide:(1) Whether a successful claimant’s expectation, in this case of inheritance of a family farm, was an appropriate starting point when considering a remedy; and (2) Whether the remedy granted, namely payment of a lump sum which would in effect result in the sale of the farm, went beyond what was necessary in the circumstances. The judgment being appealed is [2020] EWCA Civ 387.

 

A full list of the cases scheduled for the Michaelmas Term can be found here.

The following Supreme Court judgments remain outstanding: (As of 29/11/2021)

The Law Debenture Trust Corporation plc v Ukraine (Represented by the Minister of Finance of Ukraine acting upon the instructions of the Cabinet of Ministers of Ukraine) Nos. 2 and 3, heard 9-12 December 2019
BTI 2014 LLC v Sequana SA and Ors, heard 4 May 2021.
Bott & Co Solicitors v Ryanair DAC, heard 20 May 2021
In the matter of an application by Margaret McQuillan for Judicial Review (Northern Ireland), In the matter of an application by Mary McKenna for Judicial Review (Northern Ireland), and In the matter of an application by Francis McGuigan for Judicial Review (Northern Ireland), heard 14-16 June 2021
East of England Ambulance Service NHS Trust v Flowers and Ors, heard 22 June 2021
R (on the application of O (a minor, by her litigation friend AO)) v Secretary of State for the Home Department and R (on the application of The Project for the Registration of Children as British Citizens) v Secretary of State for the Home Department) (Expedited), heard 23 and 24 June 2021
R (on the application of Elan-Cane)  v Secretary of State for the Home Department, heard 12 and 13 July 2021
Maduro Board of the Central Bank of Venezuela v Guaidó Board of the Central Bank of Venezuela, heard 19 to 22 July 2021.
Basfar v Wong, heard 13th-14th October
Her Majesty’s Attorney General v Crosland, heard 18th October
Secretary of State for the Home Department v SC (Jamaica), heard 19th October
Commissioners for Her Majesty’s Revenue and Customs v Coal Staff Superannuation Scheme Trustees Ltd, heard 26th October
Harpur Trust v Brazel, heard 9th November 2021
FirstPort Property Services Ltd v Settlers Court RTM Company and others heard 10th November 2021
PWR (AP) v Director of Public Prosecutions and Akdogan and another (AP) v Director of Public Prosecutions heard 18th November 2021
Craig v Her Majesty’s Advocate (for the Government of the United States of America) and another heard 25th November 2021
Guest and another v Guest heard 3rd December 2021
Bloomberg LP v ZXC heard 30th November 2021

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