In the Supreme Court w/c 13 March 2017
13 Monday Mar 2017
Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 13 March and Tuesday 14 March, the Supreme Court will hear the appeal of Commissioner of Police of the Metropolis v DSD & Anor. This will consider whether there is an obligation under the Human Rights Act 1998, s 6, read with ECHR, art 3, to investigate ill-treatment which has been perpetrated by a private individual without any complicity of a public authority; and/or whether in the case of such ill-treatment any such positive obligation is confined to a requirement to put in place the necessary structure to enable such investigation to be conducted but does not extend to the conduct of an individual investigation into a particular alleged crime. This will be heard in Courtroom 1.
On Wednesday 15 March and Thursday 16 March, the Supreme Court will hear the appeal of RFC 2012 Plc (in liquidation) (formerly The Rangers Football Club Plc) v Advocate General for Scotland (Scotland). This will consider whether the Court of Session erred in reversing the specialist Tribunals below and concluding that payments of ‘emoluments’ or ‘earnings’, for the purpose of the Income and Corporation Taxes Act 1988 and the Income Tax (Earnings and Pensions) Act 2003, had been made by the Appellant to its employees; and whether, in order for a payment to constitute earnings for PAYE and NIC purposes, it is sufficient that the payment was ‘derived from’ work done by a particular employee and/or it ‘formed part of the employee’s employment package’. It will also consider whether the powers which each employee held as protector of a subtrust had the effect that the funds in that subtrust were unreservedly at the disposal of the employee and were earnings for PAYE and NIC purposes. This will be heard in Courtroom 1.
On Wednesday 15 March, the Supreme Court will hand down the judgment in the case of Ilott v The Blue Cross & Ors. The hand down panel will be Lord Neuberger, Lady Hale and Lord Hughes. This appeal considered whether the Court of Appeal was wrong to set aside the award made at first instance on the Respondent’s claim under the Inheritance (Provision for Family and Dependants) Act 1975, and whether, in deciding to re-exercise the court’s discretion to make an award under this Act, the Court of Appeal erred in taking account of the factual position as at the date of the appeal rather than the date of the original hearing. It also considered whether the Court of Appeal erred in its approach to the maintenance standard under 1975 Act, was wrong to structure an award under the 1975 Act in a way which allowed the Respondent the preserve her entitlement to state benefits, and erred in its application of the balancing exercise required under the 1975 Act.
A full list of the cases scheduled for the Hilary term can be found here.
The following Supreme Court judgments remain outstanding:
Asset Land Investment Plc & Anor v The Financial Conduct Authority, heard 13–14 January 2016.
The Mayor’s Office for Policing and Crime v Mitsui Sumitomo Insurance Co (Europe) Ltd & Ors, heard 21 January 2016.
Mohammed & Ors v Ministry of Defence & Anor, heard 9–10 May.
Commissioners for the HMRC v The Investment Trust Companies (in liquidation) & Ors, heard 17–19 May 2016.
AB v Her Majesty’s Advocate (Scotland), heard on 11 July 2016.
SXH v Crown Prosecution Service, heard 19 July 2016.
AIG Europe Ltd v Woodman & Ors, heard 10 October 2016.
McCann v The State Hospital Board for Scotland (Scotland), heard 11-12 October 2016.
Lehman Brothers Holdings Inc v Lomas & Ors and other cases, heard 17-20 October 2016.
Mohammed & Ors v Ministry of Defence, heard 25-27 October 2016.
China National Chartering Company Ltd v Gard Marine and Energy Ltd & Anor, Gard Marine and Entergy Ltd v China National Chartering Company Ltd & Anor, and Daiichi Chuo Kisen Kaisha v Gard Marine and Energy Ltd & Anor, heard 1-3 November 2016.
R (A) (a Child) (by her litigation friend B) v Secretary of State for Health, heard 2 November 2016.
Volkswagen Financial Services (UK) Ltd v Commissioners for Her Majesty’s Revenue and Customs, heard 3 November 2016.
Home Office v Essop & Ors; Naeem v Secretary of State for Justice, heard 14-15 November 2016.
Illott v The Blue Cross & Ors, heard 12 December 2016.
Gordon v Scottish Criminal Cases Review Commission (Scotland), heard 13 December 2016.
BPE Solicitors & Anor v Hughes-Holland (in substitution for Gabriel), heard 14-15 December 2016.
N v ACCG & Anor, heard 14-15 December 2016.
PNM v Times Newspapers Ltd & Ors, heard 17 Jan 2017.
Times Newspaper Ltd v Flood; Miller v Associated Newspapers Ltd; Frost & Ors v MGN Ltd, heard 24-26 January 2017.
Isle of Wight Council v Platt, heard 31 January 2017.
Hartley & Ors v King Edward VI College, heard 1 February 2017.
Plevin v Paragon Personal Finance Ltd, heard 6 February 2017.
Wood v Capita Insurance Services Ltd, heard 7 February 2017.
Armes v Nottinghamshire County Council, heard 8-9 February 2017.
Poshteh v Royal Borough of Kensington and Chelsea, heard 14 February 2017.
R (Kiarie) v Secretary of State for the Home Department; R (Byndloss) v Secretary of State for the Home Department, heard 15-16 February 2017.
R (Coll) v Secretary of State for Justice, heard 21 Feb 2017.
Suffolk Coastal District Council v Hopkins Homes & Anor; Richborough Estate Partnership LLP & Anor v Cheshire East Borough Council, heard 22 and 23 Feb 2017.
Nuclear Decommissioning Authority v Energy Solutions EU Ltd (now called ATK Energy EU Ltd), heard on 1-2 Mar 2017.
Lord Advocate (representing the Taiwanese Judicial Authorities & Anor) v Dean (Scotland), heard on 6 Mar 2017.
Keefe (by his litigation friend Eyton) v Hoteles Pinero Canarias SL, heard 7 Mar 2017.
Miller & Ors v Ministory of Justice; O’Brien v Ministry of Justice; and Walker v Innospec Ltd & Ors, heard 8-9 Mar 2017.