In the Supreme Court w/c 12 October 2015
12 Monday Oct 2015
Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 12 October 2015 the Supreme Court will hear the conjoined appeals of Mr A M Mohamud (in substitution for Mr A Mohamud (deceased)) v WM Morrison Supermarkets plc and Cox v Ministry of Justice concerning the test of vicarious liability for employers. It will be heard in Court 2 from 10.30am and will continue on Tuesday from 10am.
On Wednesday 14 October it will hand down judgment in the following cases: Shahid v Scottish Ministers (Scotland) concerning the lawfulness of the appellant prisoner’s segregation; Mandalia v Secretary of State for the Home Department regarding whether the respondent was required to apply her “Evidential Flexibility” policy in the appellant’s case to allow him the opportunity to correct an error in his application for leave to remain before refusing it; and Sharland v Sharland; Gohil v Gohil. These cases concern fraudulent non-disclosure of assets during divorce proceedings. These will be handed down in Court 1 from 9.45am.
On Wednesday it will also hear the appeal of Société Coopérative De Production Seafrance S.A. v Competition and Markets Authority & Anor regarding whether the appellant regulator had jurisdiction to consider the acquisition by the respondent and Groupe Eurotunnel SA of various assets of SeaFrance following it’s liquidation in January 2012. It will be heard in Court 1 at 10.30am following the handing down of the judgments. It will continue on Thursday in Court 1 from 10.30am.
On Monday 12 October the Privy Council will hand down judgment in Pinard-Byrne v Lennox Linton (Dominica) and Milton & Anor v The Queen (British Virgin Islands). On Monday it will also hear the appeal of Anzen Ltd & Anor v Hermes One Ltd (British Virgin Islands) involving whether an arbitration clause providing that “any Party may submit the dispute to binding arbitration” allowed a party under the BVI Arbitration Ordinance 1976, s 6(2), to obtain a stay of proceedings. This will be heard in Court 3 following the judgment hand downs at 11am.
On Tuesday 13 October it will hear the appeal of Advantage General Insurance Company Ltd v The Commissioners of Taxpayers Appeals (Jamaica) concerning whether revaluation of the appellant’s actuarial reserves was required on a proper interpretation of the Insurance Act and Regulations. On Wednesday 14 October it will hear the appeal of Total Mauritius v Abdurrahman (Mauritius) regarding whether the respondent’s interest in a business which competed with his employer amounted to gross misconduct justifying summary dismissal. These cases will be heard in Court 3 from 10.30am on their respective days.
A full list of the cases scheduled for the Michaelmas term can be found here.
The following Supreme Court judgments remain outstanding:
PwC v SAAD Investments Company Ltd (In Liquidation), heard 29-30 April.
Shahid v Scottish Ministers (Scotland), heard 18 February 2015.
R (Ali) v Secretary of State for the Home Department and another case, heard 25-26 February 2015.
Mirga v Secretary of State for Work and Pensions; Samin v Westminster City Council, heard on 6-7 March 2015.
R v Harvey, heard 24 March 2015.
Keyu & Ors v Secretary of State for Foreign and Commonwealth Affairs & Anor, heard 22-23 April 2015.
Mandalia v Secretary of State for the Home Department, heard 7 May 2015.
In the matter of AR (Children) (Scotland), heard 13 May 2015.
Glengary Overseas Ltd v JKX Oil & Gas Plc and another case, heard 18-19 May 2015.
Sharland v Sharland; Gohil v Gohil, heard 8-10 June 2015.
Bank of Cyprus UK Ltd v Menelaou, heard 17-18 June 2015.
R (Bancoult No 2) v Secretary of State for Foreign and Commonwealth Affairs, heard 22 June 2015.
British American Tobacco Denmark A/S & Ors v Kazemier Transport BV and another case, heard 29 June 2015.
R v McGeough (Northern Ireland), heard 9 July 2015.
Hainsworth v Ministry of Defence, heard 14 July 2015.
The United States of America v Nolan, heard 15 July 2015.
Cavendish Square Holding BV v Talal El Makdessi; ParkingEye Ltd v Beavis, heard 21-23 July 2015.
JSC BTA Bank v Ablyazov, heard 28-29 July 2015.
Marks & Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd & Anor, heard 7 October 2015.
Trump International Golf Club Scotland Ltd & Anor v The Scottish Ministers (Scotland), heard 8 October 2015.