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The Supreme Court will hear two appeals this week. On Monday and Tuesday 17 to 18 January 2011 Lord Rodger, Lady Hale, and Lords Mance, Collins and Clarke will hear Duncombe and others v Secretary of State for Children, Schools and Families. The case concerns teachers seconded from local education authorities to German and UK European Schools set up for the education of children of staff working in the European institutions. The issues are (i) whether the nine year maximum term of employment at a European School is objectively justified as a matter of principle, serving a legitimate aim and proportionate to that aim; (ii) whether a Directive of the EU must yield to a Convention agreed between the EU and the Member States, and whether that issue should be referred to the ECJ; and (iii) whether the Fixed-Term Directive has direct effect in domestic law, and whether the principle of effectiveness in applying a directly effective provision requires the disapplication of domestic rules of territoriality. Here are the Supreme Court case details.

The case of Farstad Supply A/S v Enviroco Limited will be also be heard over two days, Wednesday and Thursday 19 to 20 January 2011.  Enviroco Limited had been instructed to clean the tanks of an oil rig supply vessel owned by Farstad Supply A/S and chartered to Asco UK Ltd when a fire during the cleaning operation killed one of Enviroco’s employees and caused serious damage. Lords Hope, Rodger, Mance, Collins and Clarke will decide whether a company whose parent company has pledged its controlling shares in the alleged subsidiary to a bank as security remains a subsidiary of that parent company within the meaning of s736 of the Companies Act 1985. The Supreme Court case details are here.

The Supreme Court has announced the following judgments for hand down next week:

  • Coke-Wallis v Institute of Chartered Accountants in England and Wales, heard 8-9 November 2010. The Supreme Court case details are here.
  • Morge (FC) v Hampshire County Council, heard 8 November 2010. The Supreme Court case details are here.

Meanwhile, in the Privy Council there are two one-day hearings this week. The first is Nigel Sookram v The Queen, a murder case from Grenada, which will be heard by Lord Phillips, Lady Hale and Lords Brown, Kerr and Dyson.  The second appeal will also be heard by Lord Phillips, Lady Hale and Lords Brown, Kerr and Dyson and is a case from Jamaica concerning the amount of interest to be awarded on arrears of payment: John Thompson & Another (Original Appellants/Cross Respondents) v Goblin Hill Hotels Limited (Original Respondents/Cross Appellants).

No judgments have been announced for hand down in 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

Global Process Systems Inc and another v Syarikat Takaful Malaysia Berhad, heard 28 July 2010

Sienkiewicz (Administratrix of the Estate of Enid Costello deceased) v Greif (UK) Limited and Knowsley Metropolitan Borough Council) v Willmore, heard 26-28 October 2010

ZH (Tanzania) (FC) v Secretary of State for the Home Department, heard 9-10 November 2010

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

WL Congo 1 and 2 & anr v Secretary of State for the Home Department and KM (Jamaica) v Secretary of State for the Home Department, heard 15-18 November 2010

Baker v Quantum Clothing Group Limited & Ors; Baker v Quantum Clothing Group Limited & Ors (Pretty Polly Limited); and Baker v Quantum Clothing Group Limited & Ors (Meridian Limited), heard 22-24 November 2010

Mayor & Burgesses of the London Borough of Hounslow v Powell; Leeds City Council v Hall; and Birmingham City Council v Frisby, heard 23-24 November 2010

Patmalniece (FC) v Secretary of State for Work and Pensions, heard 29 November – 1 December 2010

Yemshaw v London Borough of Hounslow, heard 2 December 2010

R v F and R v M, heard 6 December 2010

Jones v Kaney, heard 11 – 12 January 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

Tabeel Lewis v The State of Trinidad & Tobago, heard 11 October 2010

Charles Villeneuve & Anr v Joel Gaillard & Anr (Bahamas), heard 20-21 October 2010

Steven Kent Jervis & Another v Victor John Skinner (Bahamas), heard 27-28 October 2010

AK Investment CJSC v Kyrgyz Mobil Tel Limited and Others; Altimo Holdings and Investments Limited v Kyrgyz Mobil Tel Limited and Others; CP Credit Prive SA v Kyrgyz Mobil Tel Limited and Others; and Fellowes International Holdings Limited v Kyrgyz Mobil Tel Limited and Others, heard 30 November-7 December 2010.