This Week in the Supreme Court – Week Commencing 6th June 2022

Hearings in the Supreme Court are now shown live on the Court’s website.

On Tuesday 7th June, the Court will hear the case of R v Luckhurst, on appeal from [2020] EWCA 1579. The appeal will consider the scope of permitted legal expenditure as an exception to a restraint order granted pursuant to section 41 of the Proceeds of Crime Act 2002. In particular, whether s41(4) prohibits an exception for reasonable legal expenses in respect of civil proceedings arising out of the same or similar facts as those that gave rise to the restraint order. The hearing will begin at 10am in Courtroom Two.

On Wednesday 8th June, the Court will hear Commissioners for Her Majesty’s Revenue and Customs v NHS Lothian Health Board. In appealing the judgment of  [2020] CSIH 14, the Court will hear submissions on the correct approach that should be taken by courts and tribunals regarding evidence that the burden and standard of proof in historical claims for the recovery of VAT.

The following Supreme Court judgments remain outstanding: (As of 08/06/22)

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
BTI 2014 LLC v Sequana SA and Ors, heard 4 May 2021
East of England Ambulance Service NHS Trust v Flowers and Ors, heard 22 June 2021
Basfar v Wong, heard 13th-14th October
Secretary of State for the Home Department v SC (Jamaica), heard 19th October
Harpur Trust v Brazel, heard 9th November 2021
Guest and another v Guest heard 3rd December 2021
Fearn and others v Board of Trustees of the Tate Gallery heard 7th December 2021
Stanford International Bank Ltd (in liquidation) v HSBC Bank PLC, heard 19th January 2022
Commissioners for Her Majesty’s Revenue and Customs v NCL Investments Ltd and another, heard 25th January 2022
Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd, Cornerstone Telecommunications Infrastructure Ltd v Ashloch Ltd and another and On Tower UK Ltd (formerly known as Arqiva Services Ltd) v AP Wireless II (UK) Ltd, heard 1st February 2022
DCM (Optical Holdings) Ltd v Commissioners for Her Majesty’s Revenue and Customs (Scotland), heard 8th February 2022
Hastings v Finsbury Orthopaedics Ltd and another (Scotland), heard 28th April 2022
HA and RA (Iraq) v Secretary of State for the Home Department, heard 17th May 2022
AA (Nigeria) v Secretary of State for the Home Department, heard 17th May 2022
R v Luckhurst, heard 7th June 2022
Commissioners for Her Majesty’s Revenue and Customs v NHS Lothian Health Board, heard 8th June 2022

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