UK Supreme Court Blog

EDITORS: Dan Tench, Emma Cross, Zainab Hodgson, Francesca Knight, James Warshaw and Natalie Haefner (CMS)
Hugh Tomlinson KC, Matthew Ryder KC, Dévante Gravesande-Smith and Rebecca Khan (Matrix)

On Monday 9 March 2015 the Court will hear the appeal of Mirga v Secretary of State for Work and Pensions; Samin v Westminster City Council where the Court must determine whether an EU citizen enjoys a right of residence if he or she cannot be removed from a host state except in breach of fundamental rights; whether the social security authorities awarding benefit were able to determine whether an EU citizen has such a right to reside; and whether the social security authorities were obliged to consider whether it was proportionate to refuse income support to the appellants in their individual cases. It will be heard in Court 2 from 11am and will continue on Tuesday at 10.30am.

On Wednesday 11 March it will hand down judgment in the following: Montgomery (AP) v Lanarkshire Health Board (Scotland) concerning whether a consultant obstetrician and gynaecologist was negligent in her management of the appellant’s pregnancy and labour and, if so, whether this was causative of the child’s brain injury; Morgan Stanley & Co International Plc v Tael One Partners Ltd involving the requirement to make a payment to the appellant in respect of a ‘Payment Premium’ in regards to repaying the capital of a loan; Royal Bank of Scotland plc v Carlyle involving the agreements to purchase and develop certain plots of land between the appellant and respondent; Vince v Wyatt regarding the application of the Matrimonial Causes Act 1973, s 23, and its relationship with the Family Procedure Rules 2010, rule 4.1; and Aster Communities Ltd (formerly Flourish Homes Ltd) v Akerman-Livingstone (AP) involving what was the correct approach for the Court to take in possession proceedings to defences based on unlawful disability discrimination, contrary to the Equality Act 2010, ss 15 & 35. They will be handed down in Court 1 from 9.45am.

On Wednesday the Court will also hear the appeal of Pendragon plc & Ors v The Commissioners for Her Majesty’s Revenue and Customs regarding the application of the European law principle of abuse of rights in the context of VAT and whether the Court of Appeal was correct to find that the Upper Tribunal failed to identify any error of law that would allow it to interfere with the First-Tier Tribunal decision that the respondent had a commercial motive for the transactions and that the arrangements were not therefore abusive. It will be heard in Court 2 from 10.30am.

On Monday 9 March 2015 the Privy Council will hand down judgment in Annissa Webster v Attorney General of Trinidad and Tobago. It will be handed down in Court 3 at 11am. On Monday it will also hear the appeal of Gold Rock Corp Limited & Anor v Hylton (The Bahamas) regarding whether “technical drawings” are affording copyright protection under the Copyright Act (Bahamas Statute), Chapter 323, ss 2(1) & 2(3). It will be heard in Court 3 following the judgment hand down.

A full list of the hearings scheduled to be heard during the Hilary term can be found here.

The following Supreme Court judgments remain outstanding:

R (SG & Ors) v Secretary of State for Work and Pensions, heard 29-30 April.

PwC v SAAD Investments Company Ltd (In Liquidation), heard 29-30 April.

International Energy Group Ltd v Zurich Insurance plc, heard 15 and 16 July 2014.

Montgomery v Lanarkshire Health Board, heard 22 and 23 July 2014.

Jetivia SA & Anor v Bilta (UK) Ltd & Ors, heard 14 October 2014.

Graughran (AP) v The Chief Constable of the Police Service of Northern Ireland, heard 16 October 2014.

Anson v The Commissioners for Her Majesty’s Revenue and Customs, heard 27 October 2014.

JR 38, Re Judicial Review, heard 6 November 2014.

BP Shipping Ltd & Anor v Braganza, heard 10 November 2014.

Beghal v DPP, heard 12 November 2014.

Morgan Stanley & Co International Plc v Tael One Partners Ltd, heard 17 November 2014.

Secretary of State for the Home Department v B2, heard 18 November 2014.

Royal Bank of Scotland plc v Carlyle, heard 20 November 2014.

R (Evans) v Information Commissioner, heard 24-25 November 2014.

Vince v Wyatt, heard 8-9 December 2014.

Aster Communities Ltd (formerly Flourish Homes Ltd) v Akerman-Livingstone (AP), heard 10 December 2014.

Hotak v London Borough of Southwark; Johnson v Solihull; and Kanu v London Borough of Southwark, heard on 15 December 2014.

R (Hemming (/a Simply Pleasure Ltd) & Ors) v Westminster City Council, heard on 13 January 2015.

R (Trail Riders Fellowship & Anor) v Dorset County Council & Ors, heard on 15 January 2015.

OPO (by his litigation friend BHM) & Anor v MLA, heard 19-20 January 2015.

University and College Union v The University of Stirling, heard 21 January 2015.

Arnold v Britton & Ors, heard 26 January 2015.

International Energy Group Limited v Zurich Insurance PLC UK Branch, heard 27 January 2015.

S (Children), heard 28 January 2015.

Haile v London Borough of Waltham Forest, heard 29 January.

Olympic Airlines S.A. v The Trustees of the Olympic Airlines S.A. Pension and Life Assurance Scheme, heard 2-3 February.

Coventry & Ors v Lawrence & Anor, heard 9-10 & 12 February 2015.

Woolway v Mazars, heard 11 February 2015.

R (Bourgass & Anor) v Secretary of State for Justice, heard 16-17 February 2015.

Shahid v Scottish Ministers (Scotland), heard 18 February 2015.

R v GH, heard 23-24 February 2015.

R (Ali) v Secretary of State for the Home Department and another case, heard 25-26 February 2015.

TN & MA (Afghanistan) (AP) v Secretary of State for the Home Department; AA (Afghanistan) v Secretary of State for the Home Department, heard 2-5 March 2015.