This Week in the Supreme Court – w/c 8th May 2023 – UKSCBlog

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

On Wednesday 10th may the Court will hand-down judgment in Jalla and another v Shell International Trading and Shipping Company and another [2023] UKSC 16. The Court will determine whether pollution caused to land and waterways by an offshore oil spill constitutes a continuing nuisance with fresh causes of action accruing until such time as the oil is cleared up, or it eventually disappears of its own accord, in circumstances where is the event causing the pollution to occur only once? The hand-down will take place at 9:45am in Courtroom 1.

On Wednesday 10th and Thursday 11th may the Court will hear the case of McCulloch and others v Forth Valley Health Board (Scotland)on appeal from [2021] CSHI 21. In Montgomery v Lanarkshire Health Board [2015] UKSC 11, the Supreme Court held that a doctor “is under a duty to take reasonable care to ensure that the patient is aware of any material risks involved in any recommended treatment, and of any reasonable alternative or variant treatments.” In this appeal, the Supreme Court is asked to decide what test should be applied when assessing whether an alternative treatment is reasonable. It is also asked whether the courts below error in their approach to the issue of causation. The hearing will begin at 10:30am in Courtroom 1.

The following Supreme Court judgments remain outstanding: (As of 05/05/23)

  • East of England Ambulance Service NHS Trust v Flowers and Ors, heard 22 June 2021
  • Canada Square Operations Ltd v Potter, heard 14th June 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
  • Republic of Mozambique (acting through its Attorney General) v Privinvest Shipbuilding SAL (Holding) and othersheard 24-25th January 2023
  • R (PACCAR Inc and others) v Competition Appeal Tribunal and othersheard 16th February 2023.
  • Lifestyle Equities CV and another v Ahmed and anotherheard 20th February 2023
  • JTI POLSKA Sp. Zoo and others v Jakubowski and othersheard 28th February 2023
  • Thaler v Comptroller-General of Patents, Designs and Trade Marks, heard 2nd March 2023
  • The Manchester Ship Canal Company Ltd v United Utilites Water Ltd No 2heard 6th March 2023
  • London Borough of Merton Council v Nuffield Health Ltdheard 7th March 2023
  • R (on the application of Palmer) v Northern Derbyshire Magistrates Court and anotherheard 8th March 2023
  • R (on the application of Toraane and another) v Secretary of State for the Home Departmentheard 9th March 2023
  • R (on the application of Officer W80) v Director General of the Independent Office for Police Conduct and others, heard 13th March 2023
  • Secretary of State for Transport v Curzon Park Ltd and others, heard 19th April 2023
  • Independent Workers Union of Great Britain v Central Arbitration Committee and anotherheard 25th April 2023
  • R (on the application of Worcestershire County Council) v Secretary of State for Health and Social Careheard 27th April 2023
  • R (on the application of Imam) v London Borough of Croydonheard 3rd May 2023
  • R (on the application of Wang and another) v Secretary of State for the Home Departmentheard 4th May 2023
  • McCulloch and others v Forth Valley Health Board (Scotland), heard 10th May 2023.


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