In the Supreme Court w/c 9 May 2016
09 Monday May 2016
Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 9 May 2016 the Supreme Court will hold the second hearing in the appeal of Mohammed & Ors v Ministry of Defence & Anor concerning the lawfulness of the appellant’s capture and detention by the UK armed forces in Afghanistan during the course of a planned military operation. It will be heard in Court 1 from 11am and will continue on Tuesday from 10.30am.
On Wednesday 11 May it will hear the appeal of MP (Sri Lanka) v Secretary of State for the Home Department regarding whether the Upper Tribunal was wrong to make a “country guidance” decision which provided for a narrower category of individuals at risk of persecution in Sri Lanka than was recommended by the UNHCR and whether the humanitarian protection should be granted to protect an applicant’s ECHR, Art 3, rights in circumstances where the Art 3 risk arises in connection with mental illness caused by previous torture in the home state.. This will be heard in Court 2 from 10.30am.
On Thursday 12 May it will hear the appeal of MS (Uganda) v Secretary of State for the Home Department involving whether the right under the Nationality, Immigration and Asylum Act 2002, s 83, includes an applicant who has been granted leave to remain in the UK for such a period when there is less than a year left to his leave from the date of his rejection. This will be heard in Court 2 from 10.30am.
On Wednesday 11 May 2016 the Privy Council will hear the appeal of Mascareignes Sterling Co Ltd v Chang Cheng Esquares Co Ltd (Mauritius) regarding a dispute over the proper valuation of the Final Account and the sums therefore due to the respondent for building the practically completed office block as contracted with the appellant. This will be heard in Court 3 from 10.30am.
A full list of the cases scheduled for the Easter term can be found here.
Also on Wednesday 11 May, the Court will hand down the following 5 judgments:
NYK Bulkship (Atlantic) NV v Cargill International SA (Lords Neuberger, Mance, Clarke, Sumption, Toulson)
Airtours Holidays Transport Ltd v Commissioners for Her Majesty’s Revenue and Customs (Lords Neuberger, Mance, Clarke, Carnwath, Hodge)
Re an application by JR55 for Judicial Review (Northern Ireland) (Lords Neuberger, Clarke, Sumption, Carnwath, Toulson)
PST Energy 7 Shipping LLC & Anor v O W Bunker Malta Ltd & Anor (Lords Neuberger, Mance, Clarke, Hughes, Toulson)
Eclipse Film Partners No 35 LLP v Commissioners for Her Majesty’s Revenue and Customs (Lords Neuberger, Mance, Sumption, Toulson, Hodge)
And one judgment will be handed down on Thursday 12 May: Ministry of Defence v Iraqi Civilians (Lord Neuberger, Lady Hale, Lords Mance, Sumption and Reed).
The following Supreme Court judgments remain outstanding:
R (Bancoult No 2) v Secretary of State for Foreign and Commonwealth Affairs, heard 22 June 2015.
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.
NYK Bulkship (Atlantic) NV v Cargill International SA, heard 1-2 December 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.
Brown & Anor, the Joint Administrators of Loanwell Ltd v Stonegale Ltd (Scotland) and other cases, heard 15 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.
Airtours Holidays Transport Ltd v Revenue and Customs, heard 25 February 2016.
R (MA & Ors) v Secretary of State for Work and Pensions & other cases, heard 29 February-2 March 2016.
McBride v Scottish Police Authority (Scotland), heard 3 March 2016.
Willers v Joyce & Anor (in substitution for and in their capacity as executors of Albert Gubay (deceased)), heard 7 March 2016.
In the matter of an application by JR55 for Judicial Review (Northern Ireland), heard 8-9 March 2016.
The Christian Institute & Ors v The Lord Advocate (Scotland), heard 8-9 March 2016.
Goluchowski v District Court in Elblag, Poland and another case, heard 14 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 17-17 March 2016.
BNY Mellon Corp Trustee Services Ltd v LGB Capital & Anor, heard 21 March 2016.
PST Energy 7 Shipping LLC & Anor v O.W. Bunker Malta Ltd & Anor, heard 22-23 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.
Eclipse Film Partners No 35 LLP v Commissioners for Her Majesty’s Revenue and Customs and another case, heard 13-14 April 2016.
R (Public Law Project) v The Lord Chancellor, heard 18 April 2016.
Taiwo v Olaigbe & Anor and another case, heard 20-21 April 2016.
PJS v News Group Newspapers Ltd, heard 21 April 2016.
Ministry of Defence v Iraqi Civilians, heard 25 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.