In the Supreme Court w/c 26 February 2018
26 Monday Feb 2018
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Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 26 and Tuesday 27 February, the Supreme Court will hear the appeal of An NHS Trust & Ors v Y (by his litigation friend, the Official Solicitor). This appeal will consider whether it is mandatory to bring before the court the withdrawal of Clinically Assisted Nutrition and Hydration (CANH) from a patient who has a prolonged disorder of consciousness (PDOC), in circumstances where the clinical team and the family are agreed that it is not in the patient’s best interests that he continues to receive the treatment. This will be heard in Courtroom 1.
On Wednesday 28 February and Thursday 1 March, the Supreme Court will hear the appeal of Project Blue Ltd v Commissioners for HMRC. This appeal will consider whether the Court of Appeal was correct to allow the respondent to advance its argument on exemption under the Finance Act 2003, s 71A. It will also consider which entity was the ‘vendor’ referred to in the 2003 Act, s 71A(2), and whether s 75 of the Act applies to impose tax on the respondent and, if so, what the amount of chargeable consideration is. This will be heard in Courtroom 1.
On Wednesday 28 February, the Supreme Court will hand down the judgment in the case of Steel & Anor v NRAM Ltd (Scotland). The hand down panel will be Lady Hale, Lord Wilson and Lord Briggs. This appeal considered whether the majority of the Extra Division correctly interpreted and applied the law relative to the existence of a duty of care or whether the majority have developed a new test, and whether the majority of the Extra Division exceeded the scope of their appellate jurisdiction.
On Wednesday 28 February, the Supreme Court will hand down the judgment in the case of Burnden Holdings (UK) Ltd v Fielding & Anor. The hand down panel will be Lady Hale, Lord Wilson and Lord Briggs. This appeal considered what the proper construction of the Limitation Act 1980, s 21(1)(b) is. It considered whether a wrongdoing trustee’s direct or indirect control of a company which receives trust property is sufficient to engage that section, even though it requires the trust property or its proceeds to be in the possession of the trust property or its proceeds to be in the possession of the trustee, or previously received by the trustee and converted to his use. It also considered what the meaning is of ‘unlikely to be discovered for some time’ in the Limitation Act 1980, s 32(2).
On Thursday 1 March, the Judicial Committee of the Privy Council will hear, via video link, the appeal of Maharaj & Anor v Motor One Insurance Company Ltd (Trinidad & Tobago). This appeal will consider whether the Court of Appeal was wrong to hold that the Appellants’ claim was statute-barred, and whether the Court of Appeal was correct in not considering the Respondent’s concealment and/or conduct. This will be heard in Courtroom 3.
A full list of the cases scheduled for the Hilary 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.
Commissioner of Police of the Metropolis v DSD & Anor, heard 13-14 Mar 2017.
Arcadia Petroleum Ltd & Ors v Bosworth & Anor, heard 10-11 Apr 2017.
Four Seasons Holdings Incorporated v Brownlie, heard 9-10 May 2017.
Morris-Garner v One Step (Support) Ltd, heard 11-12 Oct 2017.
In the matter of an application by Kevin Maguire for Judicial Review, heard 19 Oct 2017.
Reference by the Court of Appeal in Northern Ireland pursuant to Paragraph 33 of Schedule 10 to the Northern Ireland Act 1998 (Abortion), heard 24-26 Oct 2017.
R (Black) v Secretary of State for Justice, heard 31 Oct-1 Nov 2017.
Steel & Anor v NRAM PLC (Scotland), heard 7 Nov 2017.
Newcastle upon Tyne Hospital NHS Foundation Trust v Haywood, heard 20 Nov 2017.
R (AR) v Chief Constable of Greater Manchester Police & Anor, heard 21 Nov 2017.
R v McCool (Northern Ireland); R v Harkin (Northern Ireland), heard 23 Nov 2017.
Dryden & Ors v Johnson Matthey Plc, heard 27-28 Nov 2017.
Burnden Holdings (UK) Ltd v Fielding & Anor, heard 7 Dec 2017.
A v B & Anor, heard 12 Dec 2017.
R (Stott) v Secretary of State for Justice, heard 18 Jan 2018.
JSC BTA Bank v Khrapunov, heard 24-25 Jan 2018.
Iceland Foods Ltd v Berry (Valuation Officer), heard 25 Jan 2018.
Cartier International AG & Ors v British Telecommunications Plc & Anor, heard 30 Jan 2018.
Rock Advertising Ltd v MWB Business Exchange Centres Ltd, heard 1 Feb 2018.
Gavin Edmondson Solicitors Ltd v Haven Insurance Company Ltd, heard 5 Feb 2018.
Warner-Lambert Company LLC v Generics (UK) Ltd t/a Mylan & Anor, heard 12-15 Feb 2018.
Williams & Anor v London Borough of Hackney, heard 14-15 Feb 2018.
Pimlico Plumbers Ltd & Anor v Smith, heard 20-21 Feb 2018.
Prudential Assurance Company Ltd v Commissioners for HMRC, heard 20-21 Feb 2018.