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This Week in the Supreme Court – Week Commencing 17th October 2022 – UKSCblog

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

On Tuesday 18th October the Court will hear an Assessment of Costs hearing in A Local Authority v JB. The hearing will be at 10:30 in Courtroom One, and will continue on Wednesday from 10:30. The Court will also hear McCue (as guardian for Andrew McCue) (AP) v Glasgow City Council, on appeal from [2020] CSIH 51. The Court will consider whether the Respondent’s charging policy for community care services is discriminatory. This hearing will take place at 10:30 in Courtroom Two.

On Wednesday 19th Octoberthe Supreme Court will hand-down two judgments:

i. Guest and another v Guest [2022] UKSC 27 – on appeal from [2020] EWCA Civ 387

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.

ii. Commissioners for His Majesty’s Revenue and Customs v NHS Lothian Health Board [2022] UKSC 28 – on appeal from [2020] CSIH 14

The Judgment will consider what is the correct approach that should be taken by the courts and tribunals to evidence and the burden and standard of proof in historical claims for the recovery of overpaid Value Added Tax.

On Thursday 20th Octoberthe Court will hear Unger and another (in substitution for Hasan) v Ul-Hasan (deceased) and another, on appeal from [2021] EWHC 1791. The Court will consider whether an unadjudicated claim for financial provision under the Matrimonial and Family Proceedings Act 1984 survives the death of the respondent and can be continued against their estate. This hearing will take place at 10:30 in Courtroom One.

The following Supreme Court judgments remain outstanding: (As of 21/10/22)

  • 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
  • East of England Ambulance Service NHS Trust v Flowers and Ors, heard 22 June 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
  • Canada Square Operations Ltd v Potter, heard 14th June 2022
  • Rv Andrews, heard 21st June 2022
  • Hillside Parks Ltd v Snowdonia National Park Authority, heard 4th July 2022
  • DB Symmetry Ltd and another v Swindon Borough Council, heard 12th July 2022.
  • Reference by the Attorney General for Northern Ireland – Abortion Services (Safe Access Zones) (Northern Ireland) Bill, heard 19th July 2022
  • R (on the application of VIP Communications Ltd (In Liquidation)) v Secretary of State for the Home Department, heard 4th October 2022
  • McCue (as guardian for Andrew McCue) (AP) v Glasgow City Council, heard 18th October 2022
  • Unger and another (in substitution for Hasan) v Ul-Hasan (deceased) and another, heard 20th October 2022