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Starting today in the Supreme Court is the appeal of Ministry of Defence v AB & Ors, which will be heard by Lady Hale and Lords Phillips, Walker, Brown, Mance, Kerr and Wilson over three and a half days. The court is to decide whether a group of 1011 claimants are statute-barred under the Limitation Act 1980 from claiming damages for the adverse consequences to their health allegedly resulting from exposure to ionising radiation due to the atmospheric nuclear tests carried out by the British Government in Australia and on Christmas Island in the 1950’s. The case details can be found here.
There are no judgments to be handed down in the Supreme Court this week.
On Wednesday 16 November 2011 the Privy Council will hear Dennis Graham v Police Service Commission & Anor. The appellant argued that he was bypassed for promotion to the rank of Superintendent of Police and that junior officers were promoted ahead of him, which he claimed had a domino effect on his career. Both the appellant and respondent’s appeals were dismissed by the Court of Appeal, and it is for the Judicial Committee to decide whether the appellant’s previous award of damages for breach of his constitutional rights was too low. Here are the case details.
Finally, on Thursday 17 November 2011 Sugar Investment Trust v Jyoti Jeetun will be heard by Lords Hope, Clarke and Dyson and Sirs John Laws and Patrick Elias, which is on appeal from the Supreme Court of Mauritius. The respondent was employed as Chief Executive of the appellant company, and her employment was terminated with immediate effect in 2005. The Supreme Court of Mauritius ordered the appellant to pay the respondent severance allowance at the punitive rate for unlawful and unjustified dismissal under the Labour Act 1975. The case details are available here.
On Wednesday 16 November the Privy Council will hand down judgment in Phillip McKenzie v The Queen.
The following Supreme Court judgments remain outstanding:
Birnie v HMA, Hodgson v HMA, Jude v HMA, McGowan v B, heard 11 – 12 Oct 2011.
Flood v Times Newspapers, heard 17 – 18 Oct 2011.
R v Gnango, heard 11 July 2011.
JP Morgan Chase Bank N.A. & Anor v Berliner Verkehrsbetriebe (BVG) Anstalt des Oeffentlichen Rechts, heard 11 November 2010.
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.
R v Waya, heard 5 May 2011.
Edwards v Chesterfield Royal Hospital NHS Foundation and Botham v Ministry of Defence, heard 22 – 23 June 2011.
Russell & Ors v Transocean International Resources Ltd (Scotland), heard 26 – 28 October 2011.
Lehman Brothers International v CRC Credit Fund Ltd and GLC Investments PLC Sub Fund, heard 31 October – 3 November 2011.
Secretary of State for Work and Pensions v Payne & Anor, heard 4 November 2011.
Rabone & Anor v Pennine Care NHS Trust, heard 7 – 10 November 2011.
Aberdeen City Council v Stewart Milne Group Ltd, heard 10 November 2011.