In the Supreme Court W/C 15 March 2021
15 Monday Mar 2021
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Hearings in the Supreme Court are now shown live on the Court’s website.
On Tuesday 16 March, the Supreme Court will hear the case of BF (Eritrea) v Secretary of State for the Home Department. The appeal will consider (1) what is the test that the court must apply to determine the lawfulness of policy issued by HM Government in relation to the treatment of asylum seekers who claim to be children; and (2) whether the Home Department’s policy relating to an initial assessment of the age of asylum-seekers claiming to be children is lawful.
On Thursday 18 March, the Supreme Court will hear the case of Royal Mail Group Ltd v Efobi. The appeal will consider, in a claim for discrimination contrary to the Equality Act 2010, which party bears the burden of proving that discrimination has or has not occurred. UPDATE: this case has been adjourned at the request of the parties.
On Friday 19 March, the Supreme Court will hand down judgment in three cases.
First, the joint appeals of Shannon v Rampersad and another (T/A Clifton House Residential Home and Royal Mencap Society v Tomlinson-Blake. These appeals considered whether home workers who are required to remain at home in their shift and/or residential care workers who ‘sleep in’ are entitled to the national minimum wage for time that is not spent actually performing some specific activity.
Second, G v G. This appeal considered three issues. Specifically, (1) Does a child named as a dependent on a parent’s asylum application have any protection from refoulement? (2) Can a return order be made under the 1980 Hague Convention even where a child has protection from refoulement? (3) Should the High Court be slow to stay an application under the 1980 Hague Convention prior to determination of an application for asylum?
The hand-downs will be streamed on Supreme Court Live and will then be made available on the Supreme Court’s video on demand service.
The following Supreme Court judgments remain outstanding:
The Law Debenture Trust Corporation plc v Ukraine (Represented by the Minister of Finance of Ukraine acting upon the instructions of the Cabinet of Ministers of Ukraine) Nos. 2 and 3, heard 9-12 December 2019
Asda Stores Ltd v Brierly & Ors, heard 13-14 June 2020
Takhar v Gracefield Developments Ltd & Ors, heard 23 July 2020
Allykhan v Abdool (Mauritius), heard 23 July 2020
Evergreen Marine (UK) Ltd v Nautical Challenge Ltd, heard 5-6 October 2020
Manchester Building Society (Appellant) v Grant Thornton UK LLP (Respondent), heard 13-14 October 2020
SC, CB and 8 children (Appellants) v Secretary of State for Work and Pensions and others (Respondents), heard 20-22 October 2020
Pakistan International Airline Corporation v Times Travel (UK) Ltd, heard 2-3 November 2020
Khan v Meadows, heard 5 November 2020
A and B v Criminal Injuries Compensation Authority and Anor, heard 11 November 2020
Triple Point Technology Inc v PTT Public Company Ltd, heard 12 November 2020
R (on the application of TN (Vietnam) v Secretary of State for the Home Department and Anor, heard 30 November and 01 December 2020
Director of Public Prosecutions v Ziegler and Ors, heard 12 January 2021
FS Cairo (Nile Plaza) LLC v Brownlie (as dependant and executrix of Professor Sir Ian Brownlie, CBE, QC), heard 13 and 14 January 2021
Matthew and Ors v Sedman and Ors, heard 19 January 2021
R (on the application AB) v Secretary of State for Justice, heard 20 and 21 January 2021
Balhousie Holdings Ltd v Commissioners for Her Majesty’s Revenue & Customs (Scotland), heard 26 and 27 January 2021
CPRE Kent v Secretary of State for Communities and Local Government, heard 28 January 2021
Burnett or Grant v International Insurance Company of Hanover Limited, heard 8 February 2021
R (on the application of A) v Secretary of State for the Home Department, heard 10 February 2021
Rittson-Thomas and Ors v Oxfordshire County Council, heard 18 February 2021
Zabolotnyi v The Mateszalka District Court, Hungary, heard 23 February 2021
Anwar v The Advocate General (representing the Secretary of State for Business Energy and Industrial Strategy (Scotland), heard 25 February 2021
Commissioners for Her Majesty’s Revenue and Customs v Tooth, heard 2 March 2021
Sanambar v Secretary of State for the Home Department, heard 4 March 2021
R (on the application of Fylde Coast Farms Ltd (formerly Oyston Estates Ltd)) v Fylde Borough Council, heard 9 March 2021
BF (Eritrea) v Secretary of State for the Home Department, heard 16 March 2021