In the Supreme Court w/c 4 July 2016
04 Monday Jul 2016
Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 4 July, the Supreme Court will hear the appeal of R (Ingenious Media Holdings plc & Anor) v Commissioners for Her Majesty’s Revenue and Customs. It will consider whether HMRC disclosures to journalists breached a duty of confidentiality provided for in the Commissioners for Revenue and Customs Act 2005, and whether it breached the appellants’ legitimate expectation, amounted to an abuse of power or a failure to follow existing policy and/or was contrary to the appellants’ ECHR, art 8 and A1P1 rights. This will be heard in Court 1 from 11.00am.
On Tuesday 5 July, it will hear the appeal in MB v Secretary of State for Work and Pensions, considering whether the appellant, who is a post-operative male-to-female transsexual is entitled to a state retirement pension from the age of 60 as a result of Council Directive 79/7. The respondent had refused her claim for a state retirement pension as she did not hold a full gender recognition certification, which she was precluded from obtaining on the basis that she remained married to a woman. This will be heard in Court 2 from 10.30am.
On Wednesday 6 July it will hand down judgment in the following cases:
R (Ismail) v Secretary of State for the Home Department. The panel will be Lady Hale, Lord Kerr, Lord Sumption, Lord Hughes and Lord Toulson. It will decide the extent to which the Secretary of State has discretion under the Crime (International Co-operation) Act 2003, s 1(3) to serve a judgment of an overseas court when requested. It will also consider whether ECHR, art 6 is engaged in such a situation.
Campbell (Appellant) v Gordon (Respondent) (Scotland). The panel will be Lady Hale, Lord Mance, Lord Reed, Lord Carnwath and Lord Toulson. It will decide whether, on the liquidation of a company, a director who has failed to obtain and maintain insurance on behalf of the company as required by statute, incurs personal liability to an injured party for loss arising from that failure.
On Thursday 7 July it will hear the appeal in the joined cases of Miller & Ors v Ministry of Justice and O’Brien v Ministry of Justice, considering whether a period of service prior to the coming into effect of a directive regarding pension calculations should be taken into account in calculating the amount of pension to be paid. This will be heard in Court 1 from 10.30am.
On Thursday it will also hear the appeal in R v Mitchell, which considers the use of non conviction bad character evidence by the prosecution, where it comes to the jury taking such evidence into account in determining the guilt of the defendant.
On Tuesday 5 July the Privy Council will hear the appeal of The Superintendent of Prisons & Anor v Hamilton (Anguilla), consider whether the Superintendent was prohibited from referring the disciplinary charges laid against the respondent to the Governor for hearing and determination, on the proper construction of the Code of Discipline for Prison Officers, s 7(2).
A full list of the cases scheduled for the Trinity term can be found here.
The following Supreme Court judgments remain outstanding:
Belhaj & Anor v Straw & Ors; Rahmatullah v Ministry of Defence & Anor, heard 9–12 November 2015.
R (Nouazli) v Secretary of State for the Home Department, heard 23-24 November 2015.
ZM v Secretary of State for the Home Department (Northern Ireland); HA (Iraq) v Secretary of State for the Home Department, heard 12–14 January 2016.
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.
R (Ismail) v Secretary of State for the Home Department, heard 26–27 January 2016.
Abd Ali Hameed Al-Waheed v Ministry of Defence; Mohammed & Ors v Ministry of Defence & Anor, heard 1–4 February 2016.
Patel v Mirza, heard 16-18 February 2016.
R (MM) & Ors v Secretary of State for the Home Department and another case,heard 22–24 February 2016.
R (MA & Ors) v Secretary of State for Work and Pensions & other cases, heard 29 February-2 March 2016.
Willers v Joyce & Anor (in substitution for and in their capacity as executors of Albert Gubay (deceased)), heard 7 March 2016.
The Christian Institute & Ors v The Lord Advocate (Scotland), heard 8–9 March 2016.
McDonald (by her litigation friend Duncan J McDonald) v McDonald & Ors, heard 15–16 March 2016.
Versloot Dredging BV & Anor v HDI Gerling Industrie Versicherung AG & Ors,heard 16–17 March 2016.
R (Agyarko) v Secretary of state for the Home Department, heard 6–7 April 2016.
Campbell v Gordon (Scotland), heard 11 April 2016.
R (Public Law Project) v The Lord Chancellor, heard 18 April 2016.
Lee-Hirons v Secretary of State for Justice, heard 26 April 2016.
Akers & Ors v Samba Financial Group, heard 27–28 April 2016.
R v Docherty, 3-4 May 2016.
Edwards v Kumarasamy, heard 5 May 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.
Amoena (UK) Ltd v Commissioners for Her Majesty’s Revenue and Customs, heard 7 June 2016
Bailey & Anor v Angove’s PTY Ltd, heard 8 June 2016
R v Golds, heard on 14 June 2016
FirstGroup plc v Paulley, heard on 15 June 2016
Hayward v Zurich Insurance Company plc, heard on 16 June 2016
Secretary of State for the Home Department v FV (Italy), heard on 21 June 2016
Hastings Borough Council v Manolete Partners plc, heard on 23 June 2016
R (Hicks & Ors) v Commissioner of Police for the Metropolis, heard on 28-29 June 2016
Impact Funding Solutions Ltd v AIG Europe Insurance Ltd, heard on 30 June 2016