In the Supreme Court w/c 2 November 2015
02 Monday Nov 2015
Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 2 November 2015 the Supreme Court will hear the appeal of 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. It will be heard in Court 1 from 11am.
On Tuesday 3 November it will hear the appeal PMS International Ltd v Magmatic Ltd regarding whether the respondents have infringed the appellant’s Community registered design (CRD) for its popular children’s suitcase, “Trunki”. The respondent’s argue that their “Kiddee Case” children’s ride-on suitcases are decorated to look like animals or insects and the appellant’s CRD does not feature any surface decoration. It will be heard in Court 2 at 10.30am.
On Wednesday 4 November it will hand down judgment in the following cases: Bank of Cyprus UK Ltd v Menelaou concerning whether the Bank was entitled to an equitable charge over residential property by subrogation to an unpaid vendor’s lien, where the Bank’s involvement in the acquisition of the property amounted only to an agreement to release charges over a previous property; and the conjoined appeals of Cavendish Square Holding BV v Talal El Makdessi; ParkingEye Ltd v Beavis concerning whether the rules against penalty clauses applied to commercial contracts between sophisticated parties and, if so, if the clauses in the present cases are within the scope and are therefore enforceable. These will be handed down in Court 2 from 9.45am.
Also on Wednesday it will hear the appeal of 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. It will be heard in Court 1 from 10.30am.
On Tuesday 3 November the Privy Council will hear the appeal of Insurance Company of the Bahamas Ltd v Antonio (Bahamas) concerning whether the appellant insurance company is liable to satisfy a judgment for damages in regards to the respondent’s accident with one of their insured bus company drivers. On Thursday 5 November it will hear the appeal of Hallman Holdings Ltd v Webster & Anor (Anguilla) regarding whether the courts below erred in finding that the respondents did have a real prospect of successfully defending the appellant’s claim. These will be heard in Court 3 from 10.30am on their subsequent 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.
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.
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.
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.
Hainsworth v Ministry of Defence, heard 14 July 2015.
Cavendish Square Holding BV v Talal El Makdessi; ParkingEye Ltd v Beavis, heard 21-23 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.
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.