In the Supreme Court w/c 29 October 2018
29 Monday Oct 2018
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Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 29 October, the Judicial Committee of the Privy Council will hear the appeal of Maharaj v National Energy Corporation of Trinidad & Tobago (Trinidad & Tobago). This appeal will consider whether the judge was correct to set aside the grant of leave for judicial review. This will be heard in Courtroom 3.
On Tuesday 30 October, the Supreme Court will hear the appeal of SAE Education Ltd v The Commissioners of HMRC. This appeal will consider whether the appellant was a college of Middlesex University and therefore an ‘eligible body’ within the meaning of the Value Added Tax Act 1994, Sch 9, Group 6, Item 1, exempting its supplies of education from VAT. This will be heard in Courtroom 2.
On Tuesday 30 October, the Judicial Committee of the Privy Council will hear the appeal of Attorney-General of Trinidad & Tobago v Maharaj (Trinidad & Tobago). This appeal will consider whether the Constitution of the Republic of Trinidad & Tobago, s 110 requires the Judicial and Legal Services Commission to be constituted with five members, whether s 110(3)(b) entitles a retired judge to be appointed as a member of the Commission, and whether the acts undertaken by a Commission comprising only four members can be validated by virtue of the Interpretation Act, s 36. This will be heard in Courtroom 3.
On Wednesday 31 October, the Judicial Committee of the Privy Council will hear the appeal of Seepersad (a minor) v Ayers-Ceasar (Trinidad & Tobago). This appeal will consider whether, when a minor is charged with a non-bailable offence such as murder, it is open to the court to grant interim relief (in the form of a release from custody) either under the Judicial Review Act, or under the Constitution of Trinidad & Tobago, s 14, notwithstanding the existence of the State Liability and Proceedings Act, s 22(2). It will also consider whether a minor charged with a non-bailable offence is nevertheless entitled to bail if there are no Community Residences in which they could be detained pursuant to the Children Act, ss 54 and 60. This will be heard in Courtroom 3.
On Wednesday 31 October, the Supreme Court will hand down the judgment in Dooneen Ltd (t/a McGinness Associates) & Anor v Mond (Scotland). The proposed panel for hand down is Lord Reed, Lord Wilson and Lady Black. This appeal considered the construction of the expression ‘final distribution’ in a voluntary trust deed for creditors, and whether this includes a distribution made when the creditors receive less than 100 pence in the pound and there remain (following that distribution) assets vested in the trustee, albeit the trustee is unaware of their existence.
On Thursday 1 November, the Judicial Committee of the Privy Council will hear the appeal of Long v Police Service Commission (Trinidad & Tobago). This appeal will consider whether the Respondent’s decision to retire the appellant in the public interest was (a) made in breach of the Constitution of Trinidad & Tobago, s 129(4), (b) a denial of natural justice, (c) made without permitting an extension of time to file further representations in breach of the appellant’s right to a fair hearing, and/or (d) irrational and/or unreasonable. This will be heard in Courtroom 3.
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.
R (Stott) v Secretary of State for Justice, heard 18 Jan 2018.
Warner-Lambert Company LLC v Generics (UK) Ltd t/a Mylan & Anor, heard 12-15 Feb 2018.
R (Hallam) v Secretary of State for Justice; R (Nealon) v Secretary of State for Justice, heard 8-9 May 2018.
Barnardo’s v Buckinghamshire & Ors, heard 11-12 Jun 2018.
In the matter of an application by Lorraine Gallagher for Judicial Review (Northern Ireland) and other cases, heard 19-21 Jun 2018.
In the matter of an application by Geraldine Finucane for Judicial Review (NI), heard 26-27 Jun 2018.
Dooneen Ltd (t/a McGuines Associates) & Anor v Mond (Scotland), heard 3 Jul 2018.
Regency Villas Title Ltd & Ors v Diamond Resorts (Europe) Ltd & Ors, heard 4-5 Jul 2018.
Rhuppiah v Secretary of State for the Home Department, heard 10 Jul 2018.
OWD Ltd, trading as Birmingham Cash & Carry, & Anor v Commissioners for HMRC, heard 12 Jul 2018.
Poole Borough Council v GN (through his litigation friend, ‘The Official Solicitor’) & Anor, heard 16-17 Jul 2018.
R (DA & Ors) v Secretary of State for Work and Pensions, heard 17-19 Jul 2018.
The UK Withdrawal from the EU (Legal Continuity) (Scotland) Bill – A reference by the Attorney General and the Advocate General for Scotland, heard 24-25 Jul 2018.
Secretary of State for Justice v MM, heard 26 Jul 2018.
Volcafe Ltd & Ors v Compania Sud Americana De Vapores SA, heard 3-4 Oct 2018.
In the matter of D (a child), heard 3-4 Oct 2018.
Takhar v Gracefield Developments Ltd & Ors, heard 10 Oct 2018.
Wells v Devani, heard 11 Oct 2018.
Williams v The Trustees of Swansea University Pernsion & Assurance Scheme & Anor, heard 16 Oct 2018.
S Franses Ltd v The Cavendish Hotel (London) Ltd, heard 17 Oct 2018.
Welsh Ministers v PJ, heard 22 Oct 2018.
In the matter of an application by Hugh Jordan for Judicial Review, heard 23 Oct 2018.
London Borough of Southwark & Anor v Transport for London, heard 24-25 Oct 2018.