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Listed from this morning until Tuesday 11 February 2014 is the matter of R v Ahmad & Anor. The respondents were convicted of conspiracy to defraud HMRC in relation to a carousel fraud scheme which lost HMRC over £12.6m in VAT. Confiscation orders were made against each respondent for over £92m, based on the respondents’ benefit of the money passing through their bank accounts. The Supreme Court will determine whether confiscation orders can, when aggregated, exceed the joint benefit from the offences and/or losses to the victim, or whether this is in breach of art 1 of Protocol 1, ECHR. R v Fields & Ors is listed at the same time, but requires permission to appeal to be granted. If permission is granted then the full hearing will follow. The matter also concerns confiscation orders, and the issue is whether it is proportionate within the meaning of art 1 of Protocol 1, ECHR for a court to make a confiscation order against each defendant in an amount equal to the value of the benefit jointly obtained where two or more defendants jointly obtain property in connection with criminal conduct.
From Wednesday until Thursday 13 February 2014 is the matter of McDonald (Deceased) v National Grid Electricity Transmission Plc and its cross-appeal. This case concerns mesothelioma and the applicability of the Asbestos Industry Regulations 193, Reg 2(a) to factories not engaged in the manufacture of asbestos products but making lagging paste for insulation in a power station, and whether the appellant was in breach of a statutory duty owed to the respondent under the Factories Act 1937, s 47 because a substantial quantity of asbestos dust had been present when the respondent worked as a lorry driver collecting fuel ash from Battersea Power Station between 1955 and 1959.
On Wednesday 12 February 2014 the Supreme Court will hand down judgment in Cramaso LLP v Ogilvie-Grant, Earl of Seafield & Ors.
It’s a busy week in the Privy Council. On Tuesday 11 February 2014 is the Mauritian appeal of Dhooharika v the Director of Public Prosecutions, where the Judicial Committee will determine whether the offence of ‘scandalising the court’ represents unjustified interference with the right to freedom of expression.
Listed on Wednesday 12 February 2014 and the following morning are the linked Bahamian appeals of Maycock Snr v The United States of America & Anor, Newbold v The Commissioner of Police, Curry v The Commissioner of Police, Moore v The Commissioner of Police, and Roberts & Anor v the Attorney General of the Commonwealth of the Bahamas & Anor. The appellants are the subject of extradition requests by the United States of America on suspicion of having committed drug trafficking offences, and these appeals concern challenges to the use of evidence obtained by intercepting their telephone conversations.
Judgments scheduled to be handed down in the Privy Council are Lawrence v The Queen (Jamaica) and Piganiol v Smegh Ltee on Tuesday 11 February 2014; and Daniel v The State (Trinidad and Tobago) on Wednesday 12 February 2014.
The following Supreme Court judgments remain outstanding:
Re an application by Central Craigavon Ltd for Judicial Review, heard 15 May 2013.
R v Ahmad & Anor, heard 29 July 2013.
P (by his litigation friend the Official Solicitor) v Cheshire West and Chester Council, and P & Anor (by their litigation friend, the Official Solicitor) v Surrey County Council, heard 21 – 23 October 2013.
Kennedy v The Charity Commission, heard 29 – 31 October 2013.
Williams v Central Bank of Nigeria, heard 4 – 5 November 2013.
EM (Eritrea) & Ors v Secretary of State for the Home Department, heard 6 – 7 November 2013.
Coventry & Ors v Lawrence & Anor, heard 12 – 14 November 2013.
Stott v Thomas Cook Tour Operators Ltd, heard 20 November 2013.
Commissioners for Her Majesty’s Revenue and Customs v Marks and Spencer plc, heard 25 – 26 November 2013.
R (Eastenders Cash and Carry plc & Ors) v Commissioners for Her Majesty’s Revenue and Customs, heard 27 – 28 November 2013..
R (British Sky Broadcasting Ltd) v Commissioner of Police of the Metropolis, heard 3 December 2013.
R v O’Brien, heard 5 December 2013.
R (T & Anor) v SSHD & Anor, heard 9 – 10 December 2013.
R (AM) v The Director of Public Prosecutions; R (AM) v Director of Public Prosecution; and R (Nicklinson & Anor) v Ministry of Justice, heard 16 – 19 December 2013.
Holt v Her Majesty’s Attorney General on behalf of the Queen, heard 15 – 16 January 2014.
The Commissioners for HMRC v Forde and McHugh Ltd, heard 16 January 2014.
Cox v Ergo Versicherung AG (formerly known as Victoria), heard 20 – 21 January 2014.
A v Secretary of State for the Home Department (Scotland), heard 22 – 23 January 2014.
Durkin v DSG Retail Ltd & Anor, heard 28 January 2014.
The Commissioners for Her Majesty’s Revenue and Customs v Secret Hotels2 Ltd (formerly Med Hotels Ltd), heard 29 – 30 January 2014.
Dunhill (a protected party by her litigation friend Tasker) v Burgin (Nos. 1 & 2), heard 3 – 5 February 2014.
British Telecommunication Plc v Telefonica 02 UK Limited and Ors, heard 3 – 4 February 2014.
