This Week In the Supreme Court – w/c 6th December 2021

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

On Tuesday 7th and Wednesday 8th December the court will hear the case of Fearn and others v Board of Trustees of the Tate Gallery. This appeal concerns whether the Court of Appeal erred in failing to hold that: (i) private nuisance, understood in light of the requirements of section 6(1) of the HRA, is capable of providing a remedy against ‘viewing’ from neighbouring land; (ii) public viewing from the Respondent’s viewing gallery into the Appellant’s flats infringes the Appellants’ rights under article 8(1) of the European Convention on Human Rights (ECHR) to respect for their private lives and their homes. The judgment being appealed is [2020] EWCA Civ 104.

On Wednesday 8th December, the Court will hand down judgment in R (on the application of Association of Independent Meat Suppliers and another) v Food Standards Agency. The issue in this case is whether there is a right of appeal against an Official Veterinarian’s assessment of the fitness of meat for human consumption where there is a dispute as to the fitness of the meat. The judgment being appealed is [2017] EWCA Civ 431.

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
Fearn and others v Board of Trustees of the Tate Gallery heard 7th to 8th December 2021

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