In the Supreme Court w/c 14 December 2015
14 Monday Dec 2015
Hearings in the Supreme Court are now shown live on the Court’s website.
On Tuesday 15 December 2015 the Supreme Court will hear the appeal of R v Taylor regarding whether an offence is contrary to the Theft Act 1968, ss 12A(1) and 2(b), committed when, following the basic offence and before the recovery of the vehicle, the defendant drove the vehicle and, without fault in the manner of his driving, the vehicle was involved in an accident which caused injury to a person. It will be heard in Court 1 from 10.30am.
On Wednesday 16 December it will hand down judgment in the following cases: R v Harvey concerning whether VAT, paid or accounted for to HMRC, should be discounted when calculating the benefit figure to be confiscated under the Proceeds of Crime Act 2002; Trump International Golf Club Scotland Ltd & Anor v The Scottish Ministers (Scotland) regarding a planning dispute over a proposed offshore wind farm in Aberdeen Bay; 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; R (Wang Yam) v Central Criminal Court & Anor concerning whether there is power under the common law or under the Administration of Justice Act 1960, s 12, to prevent an individual from placing material before the European Court of Human Rights. Also, if there is such a power, whether this power can be exercised where the domestic court is satisfied that it is not in the interests of the state for the material to be made public, even to the Strasbourg Court; Macklin v Her Majesty’s Advocate (Scotland) involving an appeal against the appellant’s convictions on the basis that that the Crown had failed to disclose material to the defence; and Thevarajah v Riordan & Ors concerning whether the Court of Appeal erred in holding that late compliance with an “unless order” could not amount to a material change of circumstances so as to justify the variation under the CPR 3.1(7) of an order debarring the appellants’ defence. These will be handed down in Court 1 from 9.45am.
On Monday 14 December the Privy Council will hear the appeal of Vizcaya Partners Ltd v Picard & Anor (Gibraltar) regarding whether the trustee for the liquidation of Bernard L Madoff Investment Securities LLC is entitled to seek to enforce a default judgment obtained in the US against Vizcaya Partners Limited on the basis of traditional common law principles. This will be heard in Court 3 from 11am.
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.
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.
In the matter of AR (Children) (Scotland), heard 13 May 2015.
R (Bancoult No 2) v Secretary of State for Foreign and Commonwealth Affairs, heard 22 June 2015.
Hainsworth v Ministry of Defence, heard 14 July 2015.
Trump International Golf Club Scotland Ltd & Anor v The Scottish Ministers (Scotland), heard 8 October 2015.
Mr A M Mohamud (in substitution for Mr A Mohamud (deceased)) v WM Morrison Supermarkets plc and Cox v Ministry of Justice, heard 12-13 October 2015.
Société Coopérative De Production Seafrance S.A. v Competition and Markets Authority & Anor, heard 14-15 October 2015.
Kennedy v Cordia (Services) LLP (Scotland), heard 19 October 2015.
R (Roberts) v Commissioner of Police for the Metropolis & Anor, heard 20 October 2015.
R (C) v Secretary of State for Justice, heard 26 October 2015.
R v Jogee; Ruddock v The Queen (Jamaica), heard 27-29 October 2015.
R (Wang Yam) v Central Criminal Court & Anor, heard 2 November 2015.
PMS International Ltd v Magmatic Ltd, heard 3 November 2015.
Macklin v Her Majesty’s Advocate (Scotland), heard 4 November 2015.
Belhaj & Anor v Straw & Ors; Rahmatullah v Ministry of Defence & Anor, heard 9-12 November 2015.
Thevarajah v Riordan & Ors, heard 17 November 2015.
Youssef v Secretary of State for Foreign & Commonwealth Affairs, heard 18-19 November 2015.
R (Nouazli) v Secretary of State for the Home Department, heard 23-24 November 2015.
NYK Bulkship (Atlantic) NV v Cargill International SA, heard 1-2 December 2015.
UBS AG v Commissioners for Her Majesty’s Revenue and Customs, heard 3 December 2015.
In the matter of B (A child), heard 8-9 December 2015.
Shop Direct Group v Commissioners for Her Majesty’s Revenue and Customs, heard 9-10 December 2015.