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The Supreme Court has a busy week in prospect with three full appeals to be heard. On Monday and Tuesday Lords Hope, Saville and Walker, Lady Hale and Lord Kerr will hear Gisda Cyf v Barratt. The case was initially listed for a hearing in January but the parties agreed an adjournment – see here. The dispute involves the termination of the respondent’s employment and ultimately turns on when the effective date of termination (and therefore the beginning of the three month time limit for bringing an unfair dismissal claim) should be: when the letter was sent (as Lloyd LJ argued in his dissent in the Court of Appeal), when it was received; or when it was read (as the courts below all found). Our case preview is here and the case details can be found on the Supreme Court website here.
Meanwhile in Courtroom 2 Lords Rodger, Brown, Mance, Collins and Sir John Dyson will hear R v Maxwell. The appellant, Maxwell was convicted of robbery and murder in 1998 and sentenced to 18 years imprisonment. His conviction was subsequently quashed by the Court of Appeal in November 2008, after an investigation by the Criminal Cases Review Commission revealed serious police and prosecutorial misbehaviour that rendered the conviction unsafe. However, the Court of Appeal also ordered a retrial and the Supreme Court must now decide whether it is entitled to do so having already quashed a conviction on these grounds. The Court of Appeal judgment remains subject to reporting restrictions. Our case preview is here and the case details are on the Supreme Court website here.
On Wednesday and Thursday Lords Hope, Saville, Walker, Collins and Clarke will hear Holland v The Commissioners for HMRC . The Supreme Court will decide whether the respondent is liable to pay the outstanding tax liability of a group of companies under section 212 of the Insolvency Act 1996, by virtue of his being a de facto director of a company that was the corporate director of the companies in question. The case details can be found on the Supreme Court website here.
The Judicial Committee of the Privy Council will also hear one appeal this week. Sitting on Wednesday and Thursday Lords Rodger, Brown, Mance, Kerr and Lady Hale will hear Noel Campbell v The Queen (Jamaica).
There are no judgments announced for hand down in the Supreme Court this week, but no fewer than seven will be handed down in the Privy Council on Wednesday. The cases are: (i) Razcoomer Moodoosoodun v The State of Mauritius; (ii) Gangasingh Aubeeluck v The State of Mauritius; (iii) Marie Jean Mirbel v The State of Mauritius; (iv) Charmaine Bernard v Ramesh Seebalack; (v) Kirk Gordon v The Queen; (vi) Rosalind Ramroop v John Ismail & Lall Heerasingh; and (vii) Seeromani Maraj-Naraynsingh v The Attorney General of Trinidad & Tobago and the Director of Public Prosecutions.
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
R v Rollins; R v McInerney, heard 12-13 July 2010
Oceanbulk Shipping and Trading SA v TMT Asia Limited and others, heard 14-15 July 2010
The following Privy Council judgments are awaited:
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
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
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
Cable & Wireless (West Indies) Ltd v Conrad Tonge ET AL (represented by the Antigua and Barbuda Workers’ Union), heard 12 July 2010
