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There are two linked appeals in the Supreme Court this week. From Tuesday 1 to Thursday 3 March 2011, Lords Phillips, Hope and Walker, Lady Hale and Lords Mance, Collins and Clarke will hear 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.
Perpetual and Belmont issued proceedings against BNY Corporate Trustees Services Limited in its capacity as a trustee to force BNY to realise collateral that had become enforceable as a result of Lehman Brothers’ application for Chapter 11 bankruptcy protection in the US. The issue to be decided concerns the scope and application of the s0-called “anti-deprivation” rule. The rule, which has been expressed in different ways in the cases, was put in these terms in ex p Jay; In re Harrison (1880) 14 Ch D 19, 26 by Cotton LJ:
“there cannot be a valid contract that a man’s property shall remain his until his bankruptcy, and on the happening of that event shall go over to someone else, and be taken away from his creditors.”
The Supreme Court case details are here.
The Supreme Court has not announced any judgments for hand down next week.
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
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
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
Patmalniece (FC) v Secretary of State for Work and Pensions, heard 29 November – 1 December 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
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
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.
John Thompson & Another (Original Appellants/Cross Respondents) v Goblin Hill Hotels Limited (Original Respondents/Cross Appellants) (Jamaica), heard 20 January 2011
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
