Share it

There are two appeals being heard in the Supreme Court this week, commencing on Monday 11 April 2011 with R (on the application of G) v The Governors of X School, to be heard over two days by Lords Hope, Walker, Brown, Kerr and Dyson. The case concerns the school’s treatment of a complaint made against one of the teaching assistants that he had kissed and had sexual contact with a 15 year old boy who had been undergoing work experience at the school. The issues to be decided surround the test for the applicability of Article 6(1)  and whether one stage in legal or disciplinary proceedings will have a “substantial influence or effect” on the civil right; and whether the powers and duties of the Independent Safeguarding Authority and the Upper Tribunal were properly assessed and construed, particularly in the light of the curative principle in Convention case law. The Supreme Court case details are here.

The case of Parkwood Leisure Limited v Alemo-Herron and others will be heard from Wednesday 13 to Thursday 14 April 2011, also by Lords Hope, Walker, Brown, Kerr and Dyson. This is an employment case concerning the application of TUPE to the appellants’ employment contracts when their employer was transferred to Parkwood Leisure Limited. The issue to be decided is whether regulation 5 of the Transfer of Undertakings (Protection of Employment) Regulations 1981 provides a more extensive right to the benefit of collective agreements reached after the transfer of an undertaking than required by European Union law; and if so whether that right should be enforced by the English courts in the light of jurisprudence of the European Court of Justice. Here are the Supreme Court case details and here is our case preview.

The Supreme Court has announced that the judgments of the following linked cases, heard 22 – 24 November 2010, will be handed down on Wednesday 13 April 2011 – Baker v Quantum Clothing Group Limited and others; Baker v Quantum Clothing Group Limited and others (Meridian Limited); and Baker v Quantum Clothing Group Limited and others (Pretty Polly Limited). Here are the Supreme Court case details.

Meanwhile, in the Privy Council Lords Phillips, Mance, Clarke, and Hamilton (Scotland) and Sir Henry Brooke will hear the following cases:

  • Rhett Allen Fuller v The Attorney General of Belize from Monday 11 to Tuesday 12 April 2011. This is a case in which the Appellant was ordered to be extradited to the USA on 26 February 1999 for alleged murder in Florida and was subsequently bailed pending determination of application for habeas corpus. The Privy Council will decide, inter alia, whether the Court of Appeal erred in finding that the Minister of Foreign Affairs, and not the Supreme Court, has the power to consider issues of delay, bad faith and abuse of process on the habeas corpus application before it. Here are the Privy Council case details.
  • Rajendra Krishna v The Republic of Trinidad and Tobago, on Wednesday 13 and Thursday 14 April 2011. This is a murder case where the Appellant had made confession statements to committing murder during an attempted robbery that took place in May 1984, but he alleged at trial that these had been forced through beatings and violence. Here are the Privy Council case details.

There are no judgments to be handed down by the Privy Council this week.

Judgments outstanding

The following Supreme Court judgments remain outstanding:

R (SK) (Zimbabwe) v Secretary of State for the Home Department, heard 10-11 Feb 2010

JP Morgan Chase Bank N.A. and another v Berliner Verkehrsbetriebe (BVG) Anstalt des Oeffentlichen Rechts, heard 11 November 2010

Al Rawi and others (Respondents) v The Security Service and others (Appellants), heard 24 -27 January 2011

Home Office (Appellant) v Tariq (Respondent), heard 24 – 27 January 2011

R (on the application of GC) (FC) v The Commissioner of Police of the Metropolis; R (on the application of C) (FC) v The Commissioner of Police of the Metropolis, heard 31 January – 1 February 2011

In the matter of an application by Brigid McCaughey and another for Judicial Review (Northern Ireland), heard 2 – 3 February 2011

R (on the application of Adams) v Secretary of State Justice; In the Matter of an Application by Eamonn MacDermott for Judicial Review (Northern Ireland); and In the Matter of an Application by Raymond Pius McCartney for Judicial Review (Northern Ireland), heard 15 – 17 February 2011.

Commissioners for Her Majesty’s Revenue & Customs v Tower MCashback LLP 1 and another, heard 21 -22 February 2011.

FA (Iraq) v Secretary of State for the Home Department, heard 23 – 24 February 2011

Perpetual Trustee Company Limited v BNY Corporate Trustee Services Limited and Lehman Brothers Special Financing Inc; and Belmont Park Investments PTY Limited v BNY Corporate Trustee Services Limited and Lehman Brothers Special Financing Inc, heard 1 – 3 March 2011.

Lucasfilm Limited and others v Ainsworth and another, heard 7 – 9 March 2011.

R (Cart) v The Upper Tribunal; Eba v Advocate General for Scotland (Scotland); and R (MR (Pakistan)) v Secretary of State for the Home Department, heard 14 – 17 March 2011.

Fraser v Her Majesty’s Advocate, heard 21 – 22 March 2011.

Bloomsbury International Limited and others v Sea Fish Industry Authority and Department for Environment, Food and Rural Affairs, heard 23 – 24 March 2011.

NML Capital Ltd v Republic of Argentina, heard 29 – 30 March 2011.

R (McDonald) v Royal Borough of Kensington and Chelsea, heard 4 – 5 April 2011.

Jivraj v Hashwani, heard 6 -7 April 2011.

The following Privy Council judgments are awaited:

Romeo Cannonier & Ors v The Queen (St Christopher & Nevis) and Romeo Cannonier v The Queen (St Christopher & Nevis), heard 13 May 2010

The Public Service Appeal Board v Omar Maraj (Trinidad & Tobago), heard 5 October 2010

Tasarruf Mevduati Sigorta Fonu v Merrill Lynch Bank and Trust Company (Cayman) Limited & Others, heard 31 January – 1 February 2011

Maxo Tido v The Queen (Bahamas), heard 7 March 2011

Nimrod Miguel v The Republic of Trinidad & Tobago, heard 8 – 9 March 2011

Tabeel Lewis v The State (Republic of Trinidad & Tobago), heard 10 March 2011.

Peter Stewart v The Queen (Jamaica), heard 28 March 2011.

Rohan Vidal and Kevin Thompson v The Queen (Jamaica), heard 29 March 2011.