Share it

The Supreme Court will only hear one appeal this week.  On Monday and Tuesday morning, 26 and 27 April, a five judge bench consisting of Lord Rodger, Lady Hale, Lords Mance and Collins, and Sir John Dyson will hear the case of MS Palestinian Territories (FC) v Secretary of State for the Home Department.  Our case preview is here and the case details can be found on the Supreme Court’s website here.   The Court is not sitting on Wednesday or Thursday this week.   No judgments have been announced for next week.

Supreme Court of Mauritius

Five of the remaining six justices are also sitting this week in the Judicial Committee of the Privy Council which will hear appeals for the first time since February.  A five judge team will, ash clouds permitting, fly to Mauritius for the week.  Sitting there for a full five days Lords Phillips, Walker, Brown, Kerr and Clarke will hear five short appeals from the Supreme Court of Mauritius.   We have been informed told that suitably relaxing accommodation has been found for the Judicial Committee party.

The five appeals are scheduled as follows: on Monday, F B M Nahaboo and others v N Parsooramen and others; on Tuesday, Marie Jean Mirbel and others v The State of Mauritius; on Wednesday, Gangasingh Aubeeluck v The State of Mauritius and Moodoosoodun v The State of Mauritius; on Thursday, Societe Royal Gardens et Compagnie and 138 others v Mauritius Revenue Authority; on Friday, Devendranath Huram v K Bholah.

[Update] Very short case details have now been added to the Privy Council website and are as follows:

F B M Nahaboo – a dispute about status and ownership and rights of way in respect of a road and the width of road on which ownership is to be exercised.

Marie Jean Nelson Mirbel –  a tax appeal involving issues of locus standi and an issue as to whether National Residential Property Tax a device to get around the fundamental right to own property.

Gangasing Aubeeluck – an appeal against a custodial sentence for possession of drugs imposed after 11 years delay and when amounts involved were small.

Societe Royal Gardens et Compagnie and 123 others – concerns an issue of res judicata in a tax appeal, the appellants appeal to the Tax Appeal Tribunal was allowed; the respondents did not appeal but subsequently notified the appellants that the notices of assessment were being maintained.

Devendranath Hurnam – the case is an appeal against the dismissal of a claim for false and malicious allegations made in police enquiry which had led to the prosecution of the claimant.  The case appears to arise out of Mr Hurnam’s conviction for conspiracy which was upheld by the Privy Council in 2007 (DPP v Devendranath Hurnam [2007] UKPC 24).   Incidentally, Mr Hurnam was also before the Privy Council in 2005 ([2005] UKPC 49).

The Privy Council is not due to hand down any judgments this week.

Judgements outstanding

The following Supreme Court judgments remain outstanding:

R (Sainsbury’s) v Wolverhampton City Council, heard 1-2 Feb 2010

R (SK) (Zimbabwe) v Secretary of State for the Home Department, heard 10-11 Feb 2010

ZN (Afghanistan) v Entry Clearance Officer, heard 15 Feb 2010

Roberts v Gill, heard 22-23 February 2010

Inveresk plc v Tullis Russell Papermakers Ltd (Scotland), heard 1-2 March 2010

Farstad Supply AS v Enviroco Limited and another (Scotland), heard 9 March 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

OB (by his mother and litigation friend) (FC) v Aventis Pasteur, heard 14-15 April 2010

In the matter of an Application by JR17 for judicial Review (NI), heard 19-20 April 2010

Austin (FC) v Mayor and Burgesses of the London Borough of Southwark, heard 21-22 April 2010

The following Privy Council judgment is awaited:

Larry Winslow Marshall v Deputy Governor of Bermuda, heard 22-23 February 2010