In the Supreme Court w/c 7 December 2015
07 Monday Dec 2015
Hearings in the Supreme Court are now shown live on the Court’s website.
On Tuesday 8 December 2015 the Supreme Court will hear the appeal of In the matter of B (A child) regarding the appellant’s application for their daughter, B, to be made a warden of the court because the respondent had taken her to Pakistan. The issue was whether B lost her habitual residency in the UK immediately after she left for Pakistan and if the Court of Appeal was wrong to decline to exercise the inherent jurisdiction to order B’s return to the UK. It will be heard in Court 2 from 10.30am and will continue on Wednesday from 2pm.
On Wednesday 9 December it will hear the appeal of Shop Direct Group v Commissioners for Her Majesty’s Revenue and Customs concerning the circumstances in which tax repayments (and the interest thereon) received after the permanent discontinuance of the carrying on of a trade are chargeable to corporation tax. The appeal also raises a question as to burden of proof and when it is appropriate to allow a party to raise a new point arising from the factual findings of the First-tier Tribunal. It will be heard in Court 1 from 10.30am and will continue on Thursday.
On Monday 7 December the Privy Council will hear the appeal of Wright v The Queen (Cayman Islands) regarding whether the trial judge’s failure to ensure that the appellant was warned that an adverse inference might be drawn from his decision not to give evidence at trial for indecent assault rendered his conviction unsafe. This will be heard in Court 3 from 11am.
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.
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.
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.
NYK Bulkship (Atlantic) NV v Cargill International SA, heard 1-2 December 2015.
UBS AG v Commissioners for Her Majesty’s Revenue and Customs, heard 3 December 2015.