Share it

Hearings in the Supreme Court are now shown live on the Court’s website.

On Monday 3 July until Thursday 6 July, the Supreme Court will hear the appeal of Littlewoods Ltd & Ors v HMRC. This appeal will consider, on liability, whether a tax-payer’s claim for restitution of the time value of mistakenly overpaid VAT is prevented by the Value Added Tax Act 1994, ss 78 and 80, and if so whether that is contrary to EU law, and if so whether, when disapplied, they must be disapplied to allow only Woolwich-type restitution claims not mistake based restitution claims as well. It will also consider, on quantum, whether the benefit to the Government from VAL overpayments is measured by the ‘objective use’ value (ie the cost of borrowing) or by the ‘actual benefit’ derived. If objective use, whether that consistent with EU law and if compound interest is applied, over what period. This will be heard in Courtroom 1.

On Tuesday 4 July, the Supreme Court will hear the appeal of Michalak v General Medical Council & Ors. This appeal will consider whether the availability of judicial review proceedings in respect of decisions of the GMC excludes the jurisdiction of the Employment Tribunal by virtue of the Equality Act 2010, s 120(7). This will be heard in Courtroom 2.

On Wednesday 5 July, the Supreme Court will hand down the judgment in the case of RFC 2012 plc (in liquidation) (formerly The Rangers Football Club plc) v Advocate General for Scotland (Scotland). The hand down panel will be Lords Neuberger, Reed, and Hodge. This appeal constituted whether certain payments were earnings for PAYE and NIC purposes.

A full list of the cases scheduled for the Trinity term can be found here.

The following Supreme Court judgments remain outstanding:

 

PNM v Times Newspapers Ltd & Ors, heard 17 Jan 2017.

Armes v Nottinghamshire County Council, heard 8-9 February 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.

Eli Lilly & Co v Actavis UK Ltd & Ors, heard 4-6 Apr 2017.

Arcadia Petroleum Ltd & Ors v Bosworth & Anor, heard 10-11 Apr 2017.

R (Cardiff & Vale University Health Board & Ors) v Ceredigion County Council & Ors, heard 26 Apr 2017.

Goldtrail Travel Ltd (in liquidation) v Onur Air Tasimacilik AS, heard 27 Apr 2017.

P v Commissioner of Police of the Metropolis, heard 3-4 May 2017.

Four Seasons Holdings Incorporated v Brownlie, heard 9-10 May 2017.

McDonald v Newton or McDonald (Scotland), heard 11 May 2017.

R (Hemming (t/a Simply Pleasure Ltd) & Ors) v Westminster City Council, heard 11 May 2017.

Reyes v Al Malki & Anor, heard 15-18 May 2017.

Birch v Birch, heard 22 May 2017.

Benkharbouche v Secretary of State for Foreign & Commonwealth Affairs, heard 6-8 Jun 2017.

Sadovska & Anor v Secretary of State for the Home Department (Scotland), heard 12 Jun 2017.

Aberdeen City and Shire Strategic Development Planning Authority v Elsick Development Company Ltd (Scotland), heard 13 Jun 2017.

Brown v The Scottish Ministers (Scotland), heard 14-15 Jun 2017.

R v M; R v C; R v T, heard 19 Jun 2017.

MT Hojgaard AS v E.On Climate UK Robin Rigg East Ltd & Anor, heard 20 Jun 2017.

In the matter of an application by Jason Loughlin for Judicial Review (Northern Ireland), heard 20 Jun 2017.

R (HC) v Secretary of State for Works and Pensions & Ors, heard 21-22 Jun 2017.

R (De Silva & Anor) v The Commissioners for HMRC, heard 22 Jun 2017.

BPP Holdings & Ors v Commissioners for HMRC, heard 27 Jun 2017.

R (Bancoult No 3) v Secretary of State for Foreign and Commonwealth Affairs, heard 28-29 Jun 2017.