In the Supreme Court w/c 3 April 2017
03 Monday Apr 2017
Hearings in the Supreme Court are now shown live on the Court’s website.
On Tuesday 4 April until Thursday 6 April, the Supreme Court will hear the appeal of Eli Lilly & Co v Actavis UK Ltd & Ors, and other cases. This will consider whether a new pemetrexed based cancer treatment produced by the claimant and others infringes Eli Lilly & Co’s patent and its foreign designations either indirectly under the Patents Act 1977, s 60(2) (matter for appeal) or directly under a proper interpretation of the Europe Patent Convention 2000, art 69 (matter for cross-appeal). This will be heard in Courtroom 1.
On Wednesday 5 April, the Supreme Court will hand down the judgment in the case of AB v Her Majesty’s Advocate (Scotland). The hand down panel will be Lady Hale, Lord Carnwarth and Lord Hodge. This appeal considered whether the High Court erred in holding that the provisions of the Sexual Offences (Scotland) Act 2009, which prevent the claimant from relying upon the ‘reasonable belief’ defence, are compatible with ECHR, arts 6, 8 and 14.
On Wednesday 5 April, the Supreme Court will hand down the judgment in the case of Volkswagen Financial Services (UK) Ltd v Commissioners for Her Majesty’s Revenue and Customs. The hand down panel will be Lady Hale, Lord Carnwarth and Lord Hodge. This appeal considered, under the ‘partial exempt special method’ agreed by the parties (‘PESM’), what a fair and reasonable apportionment is of residual input tax on costs incurred by VWFS in its retail sector in relation to general overheads in respect of hire purchase transactions which include a mixture of VAT taxable and VAT exempt supply (taxable supply of the vehicle being finance and exempt supply of finance for that vehicle).
On Wednesday 5 April, the Supreme Court will hand down the judgment in the case of Home Office v Essop & Ors. The hand down panel will be Lady Hale, Lord Carnwarth and Lord Hodge. This appeal considered whether, in order to successfully bring a claim for indirect discrimination under the Equality Act 2010, a claimant needs to show the reason why a provision, criterion or practice puts or would put (a) the claimant; and (b) persons with whom the claimant shares a protected characteristic at a particular disadvantage.
On Wednesday 5 April, the Supreme Court will hand down the judgment in the case of Naeem v Secretary of State for Justice. The hand down panel will be Lady Hale, Lord Carnwarth and Lord Hodge. This appeal considered whether it is necessary to show that a protected characteristic was the ‘material cause’ of a difference in treatment, in order for a claimant to demonstrate that the policy is indirectly discriminatory pursuant to the Equality Act 20101, s 19(2).
On Thursday 6 April, the Supreme Court will hand down the judgment in the case of Isle of Wight Council v Platt. The hand down panel will be Lord Neuberger, Lady Hale and Lord Mance. This appeal considered whether, on an information alleging a failure by a parent over a specified period to secure that his child attends school regularly contrary to the Education Act 1996, s 444(1), the child’s attendance outside the specified period is relevant to the question whether the offence has been committed.
On Thursday 6 April, the Judicial Committee of the Privy Council will hear the appeal of Mediterranean Shipping Company SA v Sotramon Ltd (Mauritius). This will consider whether the principle of non-cumulation of contractual and extra-contractual (tortious) liabilities prohibits the grounding of a claim on the basis of both contractual and tortious liabilities, and prohibits a plaintiff from opting between contractual and tortious liabilities. This will be heard in Courtroom 3.
A full list of the cases scheduled for the Hilary term can be found here.
The following Supreme Court judgments remain outstanding:
Asset Land Investment Plc & Anor v The Financial Conduct Authority, heard 13–14 January 2016.
The Mayor’s Office for Policing and Crime v Mitsui Sumitomo Insurance Co (Europe) Ltd & Ors, heard 21 January 2016.
Mohammed & Ors v Ministry of Defence & Anor, heard 9–10 May.
Commissioners for the HMRC v The Investment Trust Companies (in liquidation) & Ors, heard 17–19 May 2016.
AB v Her Majesty’s Advocate (Scotland), heard on 11 July 2016.
SXH v Crown Prosecution Service, heard 19 July 2016.
McCann v The State Hospital Board for Scotland (Scotland), heard 11-12 October 2016.
Lehman Brothers Holdings Inc v Lomas & Ors and other cases, heard 17-20 October 2016.
Mohammed & Ors v Ministry of Defence, heard 25-27 October 2016.
China National Chartering Company Ltd v Gard Marine and Energy Ltd & Anor, Gard Marine and Entergy Ltd v China National Chartering Company Ltd & Anor, and Daiichi Chuo Kisen Kaisha v Gard Marine and Energy Ltd & Anor, heard 1-3 November 2016.
R (A) (a Child) (by her litigation friend B) v Secretary of State for Health, heard 2 November 2016.
Volkswagen Financial Services (UK) Ltd v Commissioners for Her Majesty’s Revenue and Customs, heard 3 November 2016.
Home Office v Essop & Ors; Naeem v Secretary of State for Justice, heard 14-15 November 2016.
PNM v Times Newspapers Ltd & Ors, heard 17 Jan 2017.
Times Newspaper Ltd v Flood; Miller v Associated Newspapers Ltd; Frost & Ors v MGN Ltd, heard 24-26 January 2017.
Isle of Wight Council v Platt, heard 31 January 2017.
Hartley & Ors v King Edward VI College, heard 1 February 2017.
Armes v Nottinghamshire County Council, heard 8-9 February 2017.
Poshteh v Royal Borough of Kensington and Chelsea, heard 14 February 2017.
R (Kiarie) v Secretary of State for the Home Department; R (Byndloss) v Secretary of State for the Home Department, heard 15-16 February 2017.
R (Coll) v Secretary of State for Justice, heard 21 Feb 2017.
Suffolk Coastal District Council v Hopkins Homes & Anor; Richborough Estate Partnership LLP & Anor v Cheshire East Borough Council, heard 22 and 23 Feb 2017.
Nuclear Decommissioning Authority v Energy Solutions EU Ltd (now called ATK Energy EU Ltd), heard on 1-2 Mar 2017.
Lord Advocate (representing the Taiwanese Judicial Authorities & Anor) v Dean (Scotland), heard on 6 Mar 2017.
Keefe (by his litigation friend Eyton) v Hoteles Pinero Canarias SL, heard 7 Mar 2017.
Miller & Ors v Ministory of Justice; O’Brien v Ministry of Justice; and Walker v Innospec Ltd & Ors, heard 8-9 Mar 2017.
Commissioner of Police of the Metropolis v DSD & Anor, heard 13-14 Mar 2017.
RFC 2012 Plc (in liquidation) (formerly The Rangers Football Club Plc) v Advocate General for Scotland (Scotland), heard 15-16 Mar 2017.
Taurus Petroleum Ltd v State Oil Marketing Company of the Ministry of Oil, Republic of Iraq (SOMO), heard 21-23 Mar 2017.
SM (Algeria) v Entry Clearance Officer UK Visa Section, heard 23 Mar 2017.
R (UNISON) v Lord Chancellor, heard 27-28 Mar 2017.