This Week in the Supreme Court – week commencing 9th January 2023 – UKSCBlog

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

On Wednesday 11 January the Court will hand-down judgment in McCue (as guardian for Andrew McCue) (AP) v Glasgow City Council (Scotland) [2023] UKSC 1, on appeal from [2020] CSHI 51. The key issue concerns whether the Respondent’s charging policy for community care services is discriminatory. The Respondent, a local authority, has the power to charge for its services, although certain deductions may be applied to reduce the contribution payable. This appeal concerns the Respondent’s decision to allow only certain deductions together with the validity of the charging policy. The hand-down will take place at 9:45 am in Courtroom 2.

On Thursday 12 January the Court will hear the case of Smith and another v Royal Bank of Scotlandon appeal from [2021] EWCA Civ 1832. The appeal concerns the proper interpretation of section 140A of the Consumer Credit Act 1974. The key issue is whether, in assessing the fairness of a relationship between a debtor and a creditor, the court can compartmentalize the relationship and, accordingly, consider whether the relationship is unfair at a given point, rather than at the end of the relationship. The hearing will begin at 10:30 a.m. in Courtroom 2.

The following Supreme Court judgments remain outstanding: (As of 13/01/23)

  • 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
  • Canada Square Operations Ltd v Potter, heard 14th June 2022
  • R (on the application of VIP Communications Ltd (In Liquidation)) v Secretary of State for the Home Departmentheard 4th October 2022
  • Unger and another (in substitution for Hasan) v Ul-Hasan (deceased) and anotherheard 20th October 2022
  • Chief Constable of the Police Service of Northern Ireland and another v Agnew and others (Northern Ireland), heard 14th-15th December 2022
  • Smith and another v Royal Bank of Scotland, heard 12th January 2023

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