In the Supreme Court w/c 14 October 2019
14 Monday Oct 2019
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Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 14 October, the Supreme Court will hear the appeal of FMX Foods Merchants Import Export Co Ltd v Commissioners for Her Majesty’s Revenue & Customs. This appeal concerns the imposition by HMRC of customs duty on various importations of garlic into the UK made by FMX between 2003 and January 2004. The goods were falsely declared to be of Cambodian origin. The garlic was in fact of Chinese origin and thus subject to a quota payment and to anti-dumping duty.
On Tuesday 15 October 2019, the Court will hear the appeals of In the matter of an application by Deborah McGuinness for Judicial Review (Northern Ireland) No 1 and 2. The issue raised in these appeals is whether a prisoner’s judicially determined “tariff” should include the period of his release on licence when a life prisoner convicted of inter alia terrorist murders secures early release on licence under the Northern Ireland (Sentences) Act 1998 but has that licence revoked due to fundamental breaches occasioned by further terrorist offending while on release and is convicted but receives no effective additional sentence.
On Wednesday 16 October 2019, the Court will hand-down judgment in Routier & Anor v Commissioners for Her Majesty’s Revenue and Customs. This appeal considers whether a disposition to a charitable trust in a will subject to the law of Jersey should be exempt from inheritance tax under s. 23 of the Inheritance Tax Act 1984 and whether, if the disposition is held not to be so exempt in domestic law, this constitutes an unlawful restriction on the movement of capital under Article 63 TFEU.
On Wednesday 16 October 2019, the Court will also hand down judgment in Gilham v Ministry of Justice. The issues raised in this appeal are whether the Appellant worked under contract of employment – thus satisfying the applicable statutory definition of a ‘worker’ under s.230 of the Employment Rights Act 1996 – so that she is eligible to bring a whistle-blowing claim against the respondent; whether the appellant is eligible to bring her claim as a Crown employee; and whether the domestic statutory definition of ‘worker’ must be interpreted purposively in order to give effect to rights under Article 10 of the ECHR, or Article 14 ECHR in conjunction with Article 10. The judgment regarding In the matter of D (A Child) is a piece to the camera and was promulgated on 26 September 2019.
On Tuesday 15 October 2019, the Privy Council will hear the appeal of Mauritius Shipping Corporation Ltd v Employment Relations Tribunal & Ors. This appeal will consider inter alia whether the Supreme Court erred in its approach or findings in relation to compliance with the requirement to apply for judicial review promptly.
On Thursday 17 October 2019, the Privy Council will also hear the appeal of Elefterescu v The Royal College of Veterinary Surgeons. This appeal concerns whether there were procedural failings during the appellant’s hearing before the Disciplinary Committee of the respondent and whether the Committee’s findings, in particular that the appellant had acted dishonestly, were properly made.
A full list of the cases scheduled for the Michaelmas term can be found here.
The following Supreme Court judgments remain outstanding:
Keefe (by his litigation friend Eyton) v Hoteles Pinero Canarias SL, heard 7 Mar 2017.
Arcadia Petroleum Ltd & Ors v Bosworth & Anor, heard 10-11 Apr 2017.
Vedanta Resources Plc & Anor v Lungowe & Ors, heard 15-16 Jan 2019.
Shanks v Unilever Plc & Ors, heard 6-7 Feb 2019.
MacDonald & Anor v Carnbroe Estates Ltd (Scotland), heard 2 May 2019.
Patel v Secretary of State for the Home Department; Secretary of State for the Home Department v Shah, heard 7 May 2019.
Sevilleja v Marex Financial Ltd, heard 8 May 2019.
Sequent Nominees Ltd v Hautford Ltd, heard 14 May 2019.
Gilham v Ministry of Justice, heard 5-6 Jun 2019.
Travelers Insurance Company Ltd v XYZ, heard 11 Jun 2019.
Royal Mail Group Ltd v Jhuti, heard 12-13 Jun 2019.
Micula & Ors v Romania, heard 18-20 Jun 2019.
Test Claimants in the Franked Investment Income Group Litigation & Ors v Commissioners of Inland Revenue, heard 27 Jun 2019.
RR v Secretary of State for Work and Pensions, heard 3 Jul 2019.
The Manchester Ship Canal Company Ltd v Vauxhall Motors Ltd, heard 9-10 Jul 2019.
R (Lancashire County Council) v Secretary of State for the Environment, Food and Rural Affairs, heard 15-16 Jul 2019.
In the matter of NY (A child), heard 18 Jul 2019.
R (Wright) v Resilient Energy Severndale Ltd & Anor, heard 22-23 Jul 2019.
Singularis Holdings Ltd (In official liquidation) v Daiwa Capital Markets Europe Ltd, heard 23-24 Jul 2019.
Edwards on behalf of the late Arthur Watkins v Hugh James Ford Simey Solicitors, heard 25 Jul 2019.
R (DN (Rwanda)) v Secretary of State for the Home Department, heard 7- 8 October 2019.
Duval v 11-13 Randolph Crescent ltd, heard 10 October 2019.