In the Supreme Court w/c 15 February 2016
12 Friday Feb 2016
Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 15 February 2016 the Supreme Court will hear the appeal of Brown & Anor, the Joint Administrators of Loanwell Ltd v Stonegale Ltd (Scotland) and other cases concerning whether the sums remitted to AIB by Strathcroft Ltd amounted to adequate consideration for the transfer of four properties from three companies (now in administration) to the appellants such that the respondents as Joint Administrators ought not to have succeeded in an application under the Insolvency Act 1986, s 242(4)(b), for the court to restore the property to the respondents. This will be heard in Court 1 from 11am.
On Tuesday 16 February it will hear the appeal of Patel v Mirza whether the respondent is entitled to recover money transferred to the appellant in furtherance of a contract entered into for an illegal purpose from which the respondent only withdrew once it could no longer be performed. It will be heard in Court 1 from 10.30am and will continue on Wednesday and Thursday following the judgment hand downs.
On Wednesday 17 February it will hand down judgment in the appeal of Shop Direct Group v Commissioners for Her Majesty’s Revenue and Customs concerning the circumstances in which tax repayments (and the interest thereon) received after the permanent discontinuance of the carrying on of a trade are chargeable to corporation tax. The appeal also raises a question as to burden of proof and when it is appropriate to allow a party to raise a new point arising from the factual findings of the First-tier Tribunal. This will be handed down in Court 1 from 9.45am.
On Thursday 18 February the Supreme Court, with the Privy Council, will hand down judgment in the conjoined appeals of R v Jogee; Ruddock v The Queen (Jamaica). The appellants in both cases are challenging their convictions of joint enterprise for murder. This will be handed down in Court 1 from 9.45am.
A full list of the cases scheduled for the Hilary term can be found here.
The following Supreme Court judgments remain outstanding:
R (Bancoult No 2) v Secretary of State for Foreign and Commonwealth Affairs, heard 22 June 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.
R v Jogee; Ruddock v The Queen (Jamaica), heard 27-29 October 2015.
PMS International Ltd v Magmatic Ltd, heard 3 November 2015.
Belhaj & Anor v Straw & Ors; Rahmatullah v Ministry of Defence & Anor, heard 9-12 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.
Shop Direct Group v Commissioners for Her Majesty’s Revenue and Customs, heard 9-10 December 2015.
ZM v Secretary of State for the Home Department (Northern Ireland); HA (Iraq) v Secretary of State for the Home Department, heard 12-14 January 2016.
Asset Land Investment Plc & Anor v The Financial Conduct Authority, heard 13-14 January 2016.
R (O) v Secretary of State for the Home Department, heard 19-20 January 2016.
The Mayor’s Office for Policing and Crime v Mitsui Sumitomo Insurance Co (Europe) Ltd & Ors, heard 21 January 2016.
R (Ismail) v Secretary of State for the Home Department, heard 26-27 January 2016.
Knauer v Ministry of Justice, heard 28 January 2016.
Abd Ali Hameed Al-Waheed v Ministry of Defence; Mohammed & Ors v Ministry of Defence & Anor, heard 1-4 February 2016.
Lynn Shellfish Ltd & Ors v Loose & Anor, heard 9-10 February 2016.