In the Supreme Court w/c 29 June 2015
29 Monday Jun 2015
Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 29 June 2015 the Supreme Court will hear the appeal of British American Tobacco Denmark A/S & Ors v Kazemier Transport BV and another case concerning whether the Court of Appeal’s interpretation of the relevant provisions in the Convention on the Contract for the International Carriage of Goods by Road 1956 was correct so that the court has jurisdiction over the dispute regarding the subcontracting with Dutch carriers in a cargo deal. It will be heard in Court 2 from 11am.
On Wednesday 1 July the Court will hand down judgment in the following: JR 38, Re Judicial Review regarding whether the publication and retention of CCTV images by the police during the Summer 2009 riots interferes with the person’s ECHR rights, art 8; Bunge SA v Nidera BV concerning the construction of the GAFTA Prohibition Clause and Default Clause and, potentially, the application of The Golden Victory  2 AC 353 in calculating damages for anticipatory breach in sale of goods contracts between the appellant and the respondent; Anson v The Commissioners for Her Majesty’s Revenue and Customs to decide whether the appellant’s liability to UK income tax in relation to his membership of a Delaware limited liability company is to be computed by reference to the same profits or income by reference to which the appellant’s US tax liability is computed; and Edenred (UK Group) Ltd & Anor v Her Majesty’s Treasury & Ors regarding a challenge to the allocating provision of childcare accounts and associated services to NSI, to be delivered under a pre-existing outsourcing contract with Atos. The appellants argued that this was incompatible with the requirement under EU law that new public services contracts be subject to a tender procedure. These will be handed down in Court 2 from 9.45am.
On Tuesday 30 June the Privy Council will hear the appeals of NH International (Caribbean) Limited v National Insurance Property Company Limited (Trinidad and Tobago) and NH International (Caribbean) Limited v National Insurance Property Development Company Limited (No 2) (Trinidad and Tobago) concerning whether the Court of Appeal was wrong to remit the third partial award to the arbitrator to be reconsidered in light of any changes to the second partial award; and whether the third partial award contains errors of law such that it should be set-aside or remitted to the arbitrator. This will be heard in Court 3 from 10.30am.
The following Supreme Court judgments remain outstanding:
PwC v SAAD Investments Company Ltd (In Liquidation), heard 29-30 April.
Anson v The Commissioners for Her Majesty’s Revenue and Customs, heard 27 October 2014.
JR 38, Re Judicial Review, heard 6 November 2014.
Beghal v DPP, heard 12 November 2014.
International Energy Group Limited v Zurich Insurance PLC UK Branch, heard 27 January 2015.
Coventry & Ors v Lawrence & Anor, heard 9-10 & 12 February 2015.
Woolway v Mazars, heard 11 February 2015.
R (Bourgass & Anor) v Secretary of State for Justice, heard 16-17 February 2015.
Shahid v Scottish Ministers (Scotland), heard 18 February 2015.
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 (Cornwall Council) v Secretary of State for Health; R (Cornwall Council) v Somerset County Council, heard 18-19 March 2015.
R v Harvey, heard 24 March 2015.
Cameron Mathieson, a deceased child (by his father Craig Mathieson) v Secretary of State for Work and Pensions, heard 26 March 2015.
Commissioners for Her Majesty’s Revenue and Customs v The Rank Group PLC, heard 21 Apr 2015.
Keyu & Ors v Secretary of State for Foreign and Commonwealth Affairs & Anor, heard 22-23 April 2015.
Bunge SA v Nidera BV, heard 27-28 April 2015.
Hunt v North Somerset Council, heard 29 April 2015.
Anson v Commissioners for Her Majesty’s Revenue and Customs, heard 30 April 2015.
Secretary of State for Work & Pensions v Tolley (Deceased acting by her personal representative), heard 5-6 May 2015.
Mandalia v Secretary of State for the Home Department, heard 7 May 2015.
In the matter of AR (Children) (Scotland), heard 13 May 2015.
Edenred (UK Group) Ltd & Anor v Her Majesty’s Treasury & Ors, heard 13-14 May 2015.
Glengary Overseas Ltd v JKX Oil & Gas Plc and another case, heard 18-19 May 2015.
Sharland v Sharland; Gohil v Gohil, heard 8-10 June 2015.
John Mander Pension Scheme Trustees Limited v Commissioners for Her Majesty’s Revenue and Customs, heard 16 June 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.
R (Champion) v North Norfolk District Council & Anor, heard 23 June 2015.
R (Tigere) v Secretary of State for Business, Innovation and Skills, heard 24-25 June 2015.heard 24-25 June 2015.