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Three appeals will be heard in the Supreme Court this week. The first two, R v Rollins and R v McInerney are linked and will therefore be heard together on Monday and Tuesday by a seven strong bench consisting of Lords Saville, Rodger, Brown, Judge, Kerr, Clarke and Sir John Dyson SCJ. The appeals relate to the validity of the Financial Services Authority prosecutions against the appellants for money laundering offences under the Proceeds of Crime Act 2002. Our case preview is here and the case details can be found on the Supreme Court Website here and here.
On Wednesday and Thursday Lords Phillips, Rodger, Walker, Brown, Mance, Clarke and Sir John Dyson will hear Oceanbulk Shipping and Trading SA v TMT Asia Limited and others. The central issue in this appeal relates to without prejudice negotiations and in particular whether they can be admitted as an aid to construction of a settlement agreement. Practitioners will be eager to find out if their lordships take this opportunity to significantly alter the scope of without prejudice privilege in light of the move towards a more purposive approach to contractual construction in recent years. Our case preview is here and the case details can be found on the Supreme Court’s website here.
The Judicial Committee of the Privy Council will also hear one appeal this week. On Monday Lords Phillips, Walker, Mance, Collins and Lady Hale will hear Cable & Wireless (West Indies) Ltd v Conrad Tonge ET AL (represented by the Antigua and Barbuda Workers’ Union), which is a case concerning redundancy and in particular severance pay and how it is calculated (see the decision of the Court of Appeal in Antigua and Bermuda being appealed here).
The Supreme Court has announced that it will hand down judgment on Wednesday in A v Essex County Council (which we previewed here). No judgments will 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
Radmacher v Granatino, heard 22-23 March 2010
MS Palestinian Territories (FC) v Secretary of State for the Home Department, heard 26-27 April 2010
R (on the application of ZO Somalia and others v Secretary of State for the Home Department, heard 17-18 May 2010
Cadder v HM Advocate (Scotland), heard 24-26 May 2010
R (on the application of the Electoral Commission) v City of Westminster Magistrates Court and the United Kingdom Independence Party, heard 8-9 June 2010
O’Brien v Ministry of Justice (formerly the Department for Constitutional Affairs), heard 14-15 June 2010
Morrison Sports Limited and others v Scottish Power (Scotland), heard 16-17 June 2010
Star Energy Weald Basin Limited and another v Bocardo SA, heard 22-24 June 2010
Dallah Real Estate and Tourism Holding Company v The Ministry of Religious Affairs, Government of Pakistan, heard 28-30 June 2010
Manchester City Council v Pinnock, heard 5-8 July 2010
The following Privy Council judgments are awaited:
Marie Jean Mirbel and others v The State of Mauritius, heard 27 April 2010
Gangasingh Aubeeluck v The State of Mauritius, heard 28 April 2010
Devendranath Huram v K Bholah, heard 30 April 2010
Romeo Cannonier & Ors v The Queen (St Christopher & Nevis) and Romeo Cannonier v The Queen (St Christopher & Nevis), heard 13 May 2010
Kirk Gordon v The Queen (Belize), heard 17 May 2010
Andrew Ryan Ferrell v The Queen (Gibraltar), heard 18-19 May 2010
James Henry Ting & Ors v Cosimo Borrelli as Liquidator of AKAI Holdings Ltd & Ors (Bermuda), heard 24-27 May 2010
Seeromani Maraj-Naraynsingh v The Attorney General of Trinidad & Tobago and The Director of Public Prosecutions, heard 14-15 June 2010
Bernard (Legal Representative of the Estate of Reagan Nicky Bernard) v Ramsesh Seeblack, heard 16 June 2010
Romauld James v The Attorney General of Trinidad and Tobago, heard 17 June 2010
Report of the Tribunal to the Governor of The Cayman Islands – Madame Justice Levers (Judge of the Grand Court of the Cayman Islands), heard 21-24 June 2010
