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There are two appeals in the Supreme Court this week. On Monday 21 and Tuesday 22 March, Lords Hope, Rodger, Brown, Kerr and Dyson will hear the devoluation appeal of Fraser v Her Majesty’s Advocate. The Court will decide whether failure by the Lord Advocate to disclose information that may have undermined a significant element of the prosecution case (as led at trial) resulted in the appellant being denied the right to a fair trial as required by Article 6(1) of the Convention. The Supreme Court details are here. The decision of the High Court of Justiciary refusing permission is here.
On Wednesday 23 and Thursday 24 March, Bloomsbury International Limited and others v Sea Fish Industry Authority and Department for Environment, Food and Rural Affairs will be heard by Lords Phillips and Walker, Lady Hale, Lords Mance and Collins. The issues are (1) whether the power of the Sea Fish Industry Authority to impose a levy under section 4 of the Fisheries Act 1981 extends to sea fish or sea fish products which are “landed” in a non-UK country and then imported into the UK; and (2) if the power does so extend to imported fish, whether the levy is contrary to articles 28 and 30 of the Treaty on the Functioning of the European Union as an impermissible charge having an effect equivalent to a customs duty, in so far as it applies to imports from other EU Member States. Our case preview is here and the Supreme Court details are here.
The Supreme Court has announced that judgment in the joined cases of 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, will be handed down on Wednesday 23 March 2011. Here is our case preview and here are the Supreme Court details.
There are no cases to be heard in the Privy Council this week and there are no judgments to be handed down.
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
JP Morgan Chase Bank N.A. and another v Berliner Verkehrsbetriebe (BVG) Anstalt des Oeffentlichen Rechts, heard 11 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
Jones v Kaney, heard 11 – 12 January 2011
Duncombe and others v Secretary of State for Children, Schools and Families, heard 17-18 January 2011
Farstad Supply A/S v Enviroco, heard 19-20 January 2011
Al Rawi and others (Respondents) v The Security Service and others (Appellants), heard 24 -27 January 2011
Home Office (Appellant) v Tariq (Respondent), heard 24 – 27 January 2011
Home Office (Respondent) v Tariq (Appellant), heard 24 – 27 January 2011
R (on the application of GC) (FC) v The Commissioner of Police of the Metropolis; R (on the application of C) (FC) v The Commissioner of Police of the Metropolis, heard 31 January – 1 February 2011
In the matter of an application by Brigid McCaughey and another for Judicial Review (Northern Ireland), heard 2 – 3 February 2011
Secretary of State for Communities and Local Government & another v Welwyn Hatfield Borough Council, heard 7 – 8 February 2011
R(on the application of Adams) (FC) v Secretary of State Justice; In the Matter of an Application by Eamonn MacDermott for Judicial Review (Northern Ireland); and In the Matter of an Application by Raymond Pius McCartney for Judicial Review (Northern Ireland), heard 15 – 17 February 2011.
Commissioners for Her Majesty’s Revenue & Customs v Tower MCashback LLP 1 and another, heard 21 -22 February 2011.
FA (Iraq) v Secretary of State for the Home Department, heard 23 – 24 February 2011
Perpetual Trustee Company Limited v BNY Corporate Trustee Services Limited and Lehman Brothers Special Financing Inc; and Belmont Park Investments PTY Limited v BNY Corporate Trustee Services Limited and Lehman Brothers Special Financing Inc, heard 1 – 3 March 2011.
Lucasfilm Limited and others v Ainsworth and another, heard 7 – 9 March 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
Curtis Francis Warren and Others v HM Attorney General for the Bailiwick of Jersey, heard 9 – 10 February 2011
Edwin M Hughes v La Baia Limited (Anguilla), heard 23 -24 February 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.