In the Supreme Court w/c 2 December 2019
02 Monday Dec 2019
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Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 2 December 2019, the Court will hear the appeal of R v Hilton (Northern Ireland). This appeal considers where property is held by the defendant and another person, the circumstances in which the Court is making a confiscation order required by the Proceeds of Crime Act 2002, section 160A in determining the available amount, to give that other person a reasonable opportunity to make representations to it at the time the order is made. If section 160A does so require, the Court will consider whether a failure to give that other such an opportunity renders the confiscation order invalid.
On Tuesday 3 December 2019, the Court will hear the appeal of R (on the application of Samuel Smith Old Brewery (Tadcaster & Ors) v North Yorkshire County Council. This case considers whether the Council misapplied the National Planning Policy Framework, paragraph 90 when considering mineral extraction in the Green Belt.
On Wednesday 4 December 2019 the Court will hand down judgment MacDonald & Anor v Carnbroe Estates Ltd (Scotland). This appeal considers whether the sale of premises was a “gratuitous alienation” under the Insolvency Act 1986, section 242.
On Wednesday 4 December and Thursday 5 December 2019, the Court will also hear the appeal of AM (Zimbabwe) v Secretary of State for the Home Department. In this case, the Supreme Court is asked to consider whether to return AM to Zimbabwe would violate his right under the European Convention on Human Rights, Article 3 not to be subjected to inhuman treatment by reason of his medical condition, in light of the decision of the European Court of Human Rights in Paposhvili v Belgium [2017] Imm AR 867.
On Wednesday 4 December and Thursday 5 December 2019, the Privy Council will hear the appeal of Peepul Capital Fund II LLC & Anor v Vsoft Holdings LLC (Mauritius). This appeal considers whether, in appeal 2018/0084, the Supreme Court erred in finding compelling reasons to grant an injunction restraining the appellants from pursuing further action elsewhere on the basis they were shareholders in the respondent. It will also consider whether in appeal 2018/0089, the arbitration award should be set aside (a) because of a breach of natural justice in the arbitration, or (b) because of a failure by the arbitrator to decide all the issues, or (c) to give reasons, or (d) because the award was in breach of public policy, or (e) because the Supreme Court erred in its construction of the shareholders’ agreement.
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.
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.
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.
R (Lancashire County Council) v Secretary of State for the Environment, Food and Rural Affairs, heard 15-16 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.
FMX Foods Merchants Import Export Co Ltd v Commissioners for Her Majesty’s Revenue & Customs, heard 14 October.
In the matter of an application by Deborah McGuinness for Judicial Review (Northern Ireland) No 1 and 2, heard 15 October 2019.
Unwired Planet International Ltd & Anor v Huawei Technologies (UK) Co Ltd & Anor, Huawei Technologies Co Ltd & Anor v Conversant Wireless Licensing SARL and ZTE Corporation & Anor v Conversant Wireless Licensing SARL, heard 21- 24 October.
In the matter of an application by Anthony McIntyre for Judicial Review (Northern Ireland), heard 24 October 2019.
Commissioners for Her Majesty’s Revenue & Customs v Parry & Ors. heard 31 October 2019.
Aspen Underwriting Ltd & Ors v Credit Europe Bank NV, heard 4-5 November 2019.
WM Morrisons Supermarkets plc v Various Claimants, heard 6-7 November 2019.
Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd, heard 12-13 November 2019.
R (on the application of Jalloh (Liberia)) v Secretary of State for the Home Department, heard 12 November 2019.
ABC (AP) v Principal Reporter & Anor (Scotland), heard 13- 14 November 2019.
In the matter of XY (AP) (Scotland), heard 13- 14 November 2019.
R v Adams (Northern Ireland), heard 19 November 2019.
R (on the application of Palestine Solidarity Campaign Ltd & Anor) v Secretary of State for Communities and Local Government, heard 20 November 2019.
MS (Pakistan) v Secretary of State for the Home Department, heard 21 November 2019.
A Reference by the Attorney General for Northern Ireland of devolution issues to the Supreme Court pursuant to Paragraph 34 of Schedule 10 to the Northern Ireland Act 1998, heard 2 December 2019.
Barclays Bank plc v Various Claimants, heard Thursday 28 Thursday 2019.