In the Supreme Court w/c 30 November 2015
30 Monday Nov 2015
Hearings in the Supreme Court are now shown live on the Court’s website.
On Tuesday 1 December 2015 the Supreme Court will hear the appeal of NYK Bulkship (Atlantic) NV v Cargill International SA regarding whether conduct of cargo sellers or receivers which occasions the arrest of a vessel can, for the purposes of an exception in an off-hire clause of a time charter, be conduct “of the Charterers or their agents”, irrespective of whether such conduct takes place in performance of the Charterers’ obligations under the charter. It will be heard in Court 2 from 10.30am and will continue on Wednesday.
On Wednesday 2 December it will hand down judgment in the following: Glengary Overseas Ltd v JKX Oil & Gas Plc and another case concerning the application of one of the respondent’s articles of association regarding the holding of specified shares to restrictions; and Marks & Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd & Anor concerning clauses within the commercial leases held between the appellant and respondents, specifically the arrangements contained in their “break clauses”. These will be handed down in Court 1 from 9.45am.
On Thursday 3 December it will hear the appeal of UBS AG v Commissioners for Her Majesty’s Revenue and Customs concerning whether certain arrangements for the provision of employee bonuses in the form of shares subject to forfeiture provisions fall within the exemption from income tax contained in the Income Tax (Earnings and Pensions) Act 2003, Chapter 2. HMRC argued that the Ramsay principle applies to the arrangements, with the result that the exemption does not apply, either because they are schemes for payment of cash bonuses or because the forfeiture provisions must be ignored as commercially irrelevant contingencies. It will be heard in Court 2 from 10.30am.
On Thursday 3 December the Privy Council will hear the appeal of Brown v The Queen (Jamaica) regarding whether, in light of the appellant’s diagnosis of schizophrenia, his conviction for murder was unsafe. This will be heard in Court 3 from 10.30am and will continue on Thursday.
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.
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.
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.
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.
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.
R (Wang Yam) v Central Criminal Court & Anor, heard 2 November 2015.
PMS International Ltd v Magmatic Ltd, heard 3 November 2015.
Macklin v Her Majesty’s Advocate (Scotland), heard 4 November 2015.
Belhaj & Anor v Straw & Ors; Rahmatullah v Ministry of Defence & Anor, heard 9-12 November 2015.
Thevarajah v Riordan & Ors, heard 17 November 2015.
Youssef v Secretary of State for Foreign & Commonwealth Affairs, heard 18-19 November 2015.
R (Nouazli) v Secretary of State for the Home Department, heard 23-24 November 2015.