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There is only one appeal in the Supreme Court this week. On Tuesday 29 and Wednesday 30 March 2011, Lords Phillips, Walker, Mance, Collins and Clarke will hear NML Capital Ltd v Republic of Argentina. The Court will decide, in a claim against Argentina for unpaid interest on issued sovereign bonds subject to New York law and containing a clause dealing with jurisdiction and immunity in relation to claims, whether (1) proceedings to enforce a foreign judgment in England on sovereign bonds relate to the bonds in a manner within the terms of the State Immunity Act 1978, s 3; (2) the Civil Jurisdiction and Judgments Act 1982, s 31 provides a comprehensive code for the recognition and enforcement of foreign judgments against a sovereign state; (3) on a proper construction of the bonds, there was a submission to the jurisdiction of the English courts; and (4) a court has discretion to uphold permission to serve out of the jurisdiction on a basis not argued for on the original application. The Supreme Court case details are here and our case preview is here.On Thursday 31 March, Lords Walker, Collins and Kerr will hear a permission to appeal in respect of Virgin Atlantic Airways Ltd v Premium Aircraft Interiors (UK) Ltd. The Court of Appeal decision is here.
The Supreme Court has announced judgments of the following will be handed down on Wednesday 30 March next week:
– Jones v Kaney, heard 11 – 12 January 2011 (here is our case preview); and
– Duncombe and Others v Secretary of State for Children, Schools and Families, heard 17-18 January 2011 (here is our case preview).
In the Privy Council, there are two cases to be heard this week. On Monday 28 March, Peter Stewart v The Queen will be heard by Lord Rodger, Lady Hale, Lords Brown, Kerr and Dyson. This case from the Court of Appeal of Jamaica whether the Appellant’s conviction is unsafe because (1) his counsel failed to adduce that he was of good character and the judge failed to give a good character direction; (2) the judge failed adequately of properly to direct the jury in respect of the dock identification of the Appellant; and (3) the judge failed adequately or properly to direct the jury about identification evidence provided by the witness for the prosecution. Here are the case details.
On Tuesday 29 March, the Privy Council will hear another case from the Court of Appeal of Jamaica concerning the murder of Mr Dexter Taylor. In Rohan Vidal and Kevin Thompson v The Queen, Lord Rodger, Lady Hale, Lords Brown, Kerr and Dyson will decide whether the conviction of the Appellants is unsafe because the judge failed to (1) direct the jury properly in relation to hearsay statements of someone who did not give evidence and who, apparently, corroborated the only witness to the murder; and (2) direct the jury that the Second Appellant’s good character was relevant to propensity as well as credibility. The case details are here.
The Privy Council has announced the hand down on Monday 28 March 2011 of judgments in two cases:
– Edwin M. Hughes v. La Baia Limited (Anguilla), heard 23 February 2011; and
– Curtis Francis Warren and others v. Her Majesty’s Attorney General for the Bailiwick of Jersey (Jersey), heard 9 February 2011.
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
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
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) 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.
Fraser v Her Majesty’s Advocate, heard Monday 21 – Tuesday 22 March 2011.
Bloomsbury International Limited and others v Sea Fish Industry Authority and Department for Environment, Food and Rural Affairs, heard Wednesday 23 – Thursday 24 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
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.
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