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There are two Supreme Court appeals in the second week of the Hilary term. The three-day appeal in the case of AXA General Insurance Ltd  v The Lord Advocate (Scotland) will commence on Monday 13 June 2011 and will be heard by Lords Hope, Brown, Mance, Kerr, Clarke, Dyson and Reed.  This is a judicial review from the Court of Session in Scotland brought about by insurance companies seeking an order that the Damages (Asbestos-related Conditions) (Scotland) Act 2009, providing that asbestos-related pleural plaques and certain other asbestos-related conditions constitute personal injury which is actionable under Scots law, is unlawful. The Court will decide (1) whether the Act infringes the appellants’ right under Article 1 of Protocol 1 to the ECHR and is thereby beyond the legislative competence of the Scottish Parliament by virtue of the Scotland Act 1998, s 29(2)(d); (2) whether the Court of Session as part of its supervisory jurisdiction may review and reduce legislation passed by the Scottish Parliament on grounds other than those set out in the Scotland Act 1998; and (3) if such review is available, whether the 2009 Act is invalid on irrationality grounds. The Supreme Court case details are here.

In Courtroom 2, on Thursday 16 June 2011, the case of R v Smith will be heard by Lords Phillips, Walker, Lady Hale, Lord Collins and Lord Wilson.  The case concerns an appellant who pleaded guilty to eight armed robberies and eight offences of possession of a firearm while committing a Schedule 1 offence under the Firearms Act 1968; the Court will decide whether it is appropriate to impose a sentence of imprisonment for public protection (a “SIPP”) upon a defendant who has been recalled upon a life sentence. The Supreme Court case details are here.

The judgments in Bloomsbury International Ltd v Sea Fish Industry Authority & DEFRA (heard 23 – 24 March 2011), and Parkwood Leisure Ltd v Alemo-Herron (heard 13 – 14 April 2011), are due to be handed down by the Supreme Court on Wednesday 15 June 2011. Here and here are our case previews.

There are also two appeals in the Privy Council this week, commencing with Antonio Webster v The Attorney General of Trinidad & Tobago on Tuesday 14 June 2011 to be heard by Lord Phillips, Walker and Wilson. The appellant claims he was arrested and detained for six and a half hours by police officers during which time he was severely beaten. The Privy Council will decide whether the claims for declaratory relief could have been included; whether it was open to the Appellant to claim declarations that his constitutional rights had been infringed and, even if it was open to him to do so, whether the preliminary issue should nonetheless be answered against the appellant on the basis that they added nothing to the common law claim. The Privy Council case details are here.

Secondly, the case of Emile Elias & Company Ltd v The Attorney General of Trinidad and Tobago will be heard on Wednesday 15 June 2011 by Lords Phillips, Walker and Wilson. The case concerns a contractual dispute between the appellant who entered into a written contract with the Permanent Secretary of the Ministry of National Security for the construction of a police station and court house which was due to be completed by 8 April 1979 but was completed almost two years later. The Privy Council will decide whether the Court of Appeal erred in holding that the action was barred by section 5 of the Limitation of Personal Acts Ordinance of 1845. Here are the Privy Council case details.

The following judgments are to be handed down by the Privy Council on Wednesday 15 June 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; and Spread Trustee Company Limited v Sarah Ann Hutchenson & Others, heard 13 – 14 December 2011.

Judgments outstanding

The following Supreme Court judgments remain outstanding:

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

Al Rawi v The Security Service heard 24 -27 January 2011

Home Office v Tariq, heard 24 – 27 January 2011

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

Lucasfilm Ltd & Ors v Ainsworth & Anor, 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.

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.

R (G) v The Governors of X School, heard 11 – 12 April 2011.

Kernott v Jones, heard 4 May 2011.

R v Waya, heard 5 May 2011.

Autoclenz Ltd v Belcher & Ors, heard 11 – 12 May 2011.

Scottish Widows plc v Commissioners for Her Majesty’s Revenue and Customs (Scotland), Scottish Widows plc No.2 v Commissioners for Her Majesty’s Revenue and Customs (Scotland) and Scottish Widows plc (Respondent) v Commissioners for Her Majesty’s Revenue and Customs, heard 16 – 19 May 2011.

Gale and another v Serious Organised Crime Agency, heard 23 – 24 May 2011.

R (Quila & Anor) v Secretary of State for the Home Department and R (Bibi & Anor) v Secretary of State for the Home Department, heard 8 – 9 June 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

Rhett Allen Fuller v The Attorney General of Belize, heard 11 – 12 April 2011.

Rajendra Krishna v The Republic of Trinidad and Tobago, heard 13 – 14 April 2011.

Omar Grieves and Others v The Queen, heard 4 May 2011.

Permanent Secretary (Ministry of Foreign Affairs) and Patrick Manning v Feroza Ramjohn, heard 10 – 11 May 2011.

The Honourable Prime Minister Mr Patrick Manning, The Public Service v Ganga Persad Kissoon, heard 12 May 2011.

Winston Gibson v Public Service Commission; Ranjan Rampersad v Commissioner of Police and Police Service Commission; Robert Ramsahai v Teaching Service Commission; Ashford Sankar & Others v Public Service Commission; Gopichand Ganga and Others v Commissioner of Police and Others; and Hermia Tyson-Cuffie v Public Service Commission (Trinidad and Tobago), heard 17 – 19 May 2011.

Consolidated Contractors International Company SAL v Munib Masri, heard 26 May 2011.

The Legal Representative of Succession Paul de Maroussem v The Director-General, Mauritius Revenue Authority, heard 8 June 2011.

Phillip Tillet v The Queen (Belize), heard 9 June 2011.