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The Supreme Court will hear one appeal and hand down three judgments this week. Sitting over three days on Tuesday, Wednesday and Thursday Lords Hope, Walker, Brown, Collins and Clarke will hear Star Energy Weald Basin Limited and another v Bocardo SA.  The case involves an alleged trespass by Star by virtue of the company drilling for oil under land owned by Bocardo without their consent.  The case raises an interesting question of the extent of landowners’ rights and has attracted a fair amount of media attention as the landowner in question, Bocardo, is one of Mohammed Al Fayed’s companies. Our case preview is here and 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.  A seven strong bench consisting of Lords Phillips, Saville, Mance, Judge, Kerr, Lady Hale and Dame Janet Smith will sit for four days to review the Report of the Tribunal to the Governor of The Cayman Islands – Madame Justice Levers (Judge of the Grand Court of the Cayman Islands).  Madame Justice Levers, who is a Grand Court Judge in the Cayman Islands, was the subject of an Inquiry by the Leggat Tribunal.  The Tribunal published its report on 1 June 2010 which found that Madame Justice Levers should be removed from office – see the Cayman Island News report here.

After reviewing the evidence into various allegations against Madame Levers, including certain comments made in court and to the press, the Tribunal took the view that “her conduct taken as a whole has demonstrated her unsuitability to remain on the bench”.  However, Madame Levers argues that the evidence did not support that conclusion and that the Privy Council is not bound by the findings of the Tribunal.  It will be interesting to see whether the Privy Council disagrees.  The case details are on the Privy Council’s website here.

Three judgments have been announced for hand down on Wednesday in the Supreme Court.  The first, Secretary of State for the Home Department v AP, which we previewed here, is concerned with the legality of control orders issued against suspected terrorists.  The second, In the matter of an Application by JR17 for judicial Review (NI), previewed here, involves the exclusion of a pupil from school following allegations of indecent assault.  Finally, Austin (FC) v Mayor and Burgesses of the London Borough of Southwark, see our preview here, is a case on the question of reviving a tenancy following the death of a tolerated trespasser.

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

R (on the application of Smith) (FC) v Secretary of State for Defence, heard 15-17 March 2010

Radmacher v Granatino, heard 22-23 March 2010

A v Essex County Council, heard 24-25 March 2010

HT (Cameroon) v Secretary of State for the Home Department and HJ (Iran) v Secretary of State for the Home Department, heard 10-12 May 2010

R (on the application of Noone) (FC) v The Governor of HMP Drake Hall and Another, heard 11-12 May 2010

Southern Pacific Personal Loans Ltd (Respondent) v Walker & Another, heard 13 May 2010

R (on the application of ZO Somalia v Secretary of State for the Home Department, heard 17-18 May 2010

Cadder v HM Advocate (Scotland), heard 24-26 May 2010

R (Electoral Commission) v City of Westminster Magistrates Court 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

The following Privy Council judgments are awaited:

F B M Nahaboo and others v N Parsooramen and others, heard 26 April 2010

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

Societe Royal Gardens et Compagnie and 138 others v Mauritius Revenue Authority, heard 29 April 2010

Devendranath Huram v K Bholah, heard 30 April 2010

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 (Bermuda), heard 24-27 May 2010

Seeromani Maraj-Naraynsingh v The Attorney General of Trinidad & Tobago, 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