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This Week in the Supreme Court – w/c 5th June 2023 – UKSCBlog

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

On Wednesday 7th june the Court will hand-down judgment in London Borough of Merton Council v Nuffield Health [2023] UKSC 18. Section 43(5) and (6)(a) of the Local Government Finance Act 1988 provides for a mandatory 80% relief from non-domestic rates on premises which are occupied by a charity and used wholly or mainly for charitable purposes . The Supreme Court will determine whether Nuffield Health is entitled to this mandatory relief in respect of its occupation of its members-only gym at Merton Abbey. The hand-down will take place at 9:45am in Courtroom 1.

On Wednesday 7th to Thursday 8th june the Court will hear the case of R (on the application of Afzal) v Secretary of State for the Home Department, on appeal from [2021] EWCA Civ 1909. The Court will consider the following questions: (1) Was the Court of Appeal correct that leaving under section 3C of the Immigration Act 1971 can end without the service of any notice of decision? (2) What is the proper construction of section 276B of the Immigration Rules, with regards to overstaying booked ended by periods of leave to remain? (3) What is the proper construction of the Home Office’s long residence policy guidance, with regard to overstaying booked ended by periods of leave to remain? The hearing will begin at 10:30am in Courtroom 1.

The following Supreme Court judgments remain outstanding: (As of 09/06/23)

  • East of England Ambulance Service NHS Trust v Flowers and Ors, heard 22nd 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
  • 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.
  • Polmear and another v Royal Cornwall Hospitals NHS Trust, heard 15th May 2023.
  • R (on the application of Afzal) v Secretary of State for the Home Departmentheard 7th June 2023.


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