In the Supreme Court w/c 18 April 2016
18 Monday Apr 2016
Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 18 April 2016 the Supreme Court will hear the appeal of R (Public Law Project) v The Lord Chancellor regarding whether the proposed civil legal aid residence test in the draft Legal Aid, Sentencing and Punishment of Offenders Act (Amendment of Schedule 1) Order 2014 is ultra vires the enabling statute and unjustifiably discriminatory and so in breach of common law and the Human Rights Act 1998. This will be heard in Court 1 from 11am and will continue on Tuesday from 10.30am.
On Wednesday 20 April it will hand down judgment in the following cases: R (Nouazli) v Secretary of State for the Home Department regarding whether the power under the Immigration (European Economic Area) Regulations 2006, reg 24(1), to detain prior to a deportation decision discriminates against EEA nationals and their family members without lawful justification; Asset Land Investment Plc & Anor v The Financial Conduct Authority regarding the meaning of “collective investment scheme” under the Financial Services and Markets Act 2000, s 235, following proceedings being brought against the appellants by the FCA for allegedly operating “collective investment schemes” in contravention of the 2000 Act; and The Mayor’s Office for Policing and Crime v Mitsui Sumitomo Insurance Co (Europe) Ltd & Ors regarding whether the respondent’s, whose property and equipment was completely destroyed by rioters who broke into their distribution warehouse in August 2011, are entitled under the Riot Damages Act 1886 to obtain compensation for not only repairing the damage done to property during a riot but also for any loss of profit which may consequently have flowed from that damage, or for other indirect adverse economic consequences of the riot. These will be handed down in Court 1 from 9.45am.
On Wednesday it will also hear the appeal of Taiwo v Olaigbe & Anor and another case concerning whether mistreatment of a person because of their position as a vulnerable migrant domestic worker dependant on their employers for their continued employment and residence in the UK constitutes race discrimination contrary to the Equality Act 2010. This will be heard in Court 2 from 10.30am and will continue on Thursday.
On Tuesday 19 April 2016 the Privy Council will hand down judgment in Ennismore Fund Management Ltd v Fenris Consulting Ltd (Cayman Islands). It will also hear the appeal of Shophold (Mauritius) Ltd v The Assessment Review Committee & Anor (Mauritius) concerning whether value added tax is payable by the appellant company in respect of a management fee payable to the appellant under a management services agreement, notwithstanding that the appellant did not issue invoices nor receive payment of the fee during the taxable period. This will be heard in Court 3 following the judgment hand down at 11am. On Wednesday it will heard the appeal of Vendort Traders Inc v Evrostroy Group LLC (British Virgin Islands) concerning a statutory demand served on the appellant in May 2012 for payment of a debt owed under a 2006 share sale and purchase agreement with the respondent. This will be heard in Court 3 from 10.30am.
A full list of the cases scheduled for the Easter 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.
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.
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.
Abd Ali Hameed Al-Waheed v Ministry of Defence; Mohammed & Ors v Ministry of Defence & Anor, heard 1-4 February 2016.
Brown & Anor, the Joint Administrators of Loanwell Ltd v Stonegale Ltd (Scotland) and other cases, heard 15 February 2016.
Patel v Mirza, heard 16-18 February 2016.
R(MM) & Ors v Secretary of State for the Home Department and another case, heard 22-24 February 2016.
Airtours Holidays Transport Ltd v Revenue and Customs, heard 25 February 2016.
R (MA & Ors) v Secretary of State for Work and Pensions & other cases, heard 29 February-2 March 2016.
McBride v Scottish Police Authority (Scotland), heard 3 March 2016.
Willers v Joyce & Anor (in substitution for and in their capacity as executors of Albert Gubay (deceased)), heard 7 March 2016.
In the matter of an application by JR55 for Judicial Review (Northern Ireland), heard 8-9 March 2016.
The Christian Institute & Ors v The Lord Advocate (Scotland), heard 8-9 March 2016.
Goluchowski v District Court in Elblag, Poland and another case, heard 14 March 2016.
McDonald (by her litigation friend Duncan J McDonald) v McDonald & Ors, heard 15-16 March 2016.
Versloot Dredging BV & Anor v HDI Gerling Industrie Versicherung AG & Ors, heard 17-17 March 2016.
BNY Mellon Corp Trustee Services Ltd v LGB Capital & Anor, heard 21 March 2016.
PST Energy 7 Shipping LLC & Anor v O.W. Bunker Malta Ltd & Anor, heard 22-23 March 2016.
R (Agyarko) v Secretary of state for the Home Department, heard 6-7 April 2016.
Campbell v Gordon (Scotland), heard 11 April 2016.
Eclipse Film Partners No 35 LLP v Commissioners for Her Majesty’s Revenue and Customs and another case, heard 13-14 April 2016.