This Week in the UKSC – 16th May 2022

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

From Tuesday 17th May – Wednesday 18th May, the Court will hear the joined cases of HA and RA (Iraq) v Secretary of State for the Home Department where it will consider in what circumstances is it ‘unduly harsh’ to deport a foreign criminal in light of that person’s family life in the UK and where there are ‘very compelling circumstances’ against deportation. This is on appeal from [2020] EWCA 1176. The hearing will take place from 10am on Tuesday in Courtroom One.

At the same time, the Court will also hear the case of AA (Nigeria) v Secretary of State for the Home Department. This appeal also concerns the ‘unduly harsh’ and ‘very compelling reason’ tests, but will also consider the relevance, if any, of evidence of the criminal’s rehabilitation and how much weight should be accorded to it if it is relevant. The judgment being appealed is [2020] EWCA 1296.

On Wednesday 18th May, the Court will hand down judgment in R v Maughan (Northern Ireland) [2022] UKSC 13. There are two issues that the Court will rule on: (1) Whether the term “proceedings” should be confined to court proceedings in the context of considering reductions to defendants’ sentences when they plead guilty to a crime at an early stage, and (2) Whether such reductions to sentences may be reduced where the defendant is caught “red handed”. Hand-down will take place via WebEx at 09:45.

The following Supreme Court judgments remain outstanding: (As of 18/5/22)

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
East of England Ambulance Service NHS Trust v Flowers and Ors, heard 22 June 2021
Basfar v Wong, heard 13th-14th October
Secretary of State for the Home Department v SC (Jamaica), heard 19th October
Harpur Trust v Brazel, heard 9th November 2021
Guest and another v Guest heard 3rd December 2021
Fearn and others v Board of Trustees of the Tate Gallery heard 7th December 2021
Stanford International Bank Ltd (in liquidation) v HSBC Bank PLC, heard 19th January 2022
Commissioners for Her Majesty’s Revenue and Customs v NCL Investments Ltd and another, heard 25th January 2022
Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd, Cornerstone Telecommunications Infrastructure Ltd v Ashloch Ltd and another and On Tower UK Ltd (formerly known as Arqiva Services Ltd) v AP Wireless II (UK) Ltd, heard 1st February 2022
DCM (Optical Holdings) Ltd v Commissioners for Her Majesty’s Revenue and Customs (Scotland), heard 8th February 2022
Competition and Markets Authority v Pfizer Inc and Flynn Pharma Ltd, heard 22nd February 2022
Hastings v Finsbury Orthopaedics Ltd and another (Scotland), heard 28th April 2022
HA and RA (Iraq) v Secretary of State for the Home Department, heard 17th May 2022
AA (Nigeria) v Secretary of State for the Home Department, heard 17th May 2022

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