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The Supreme Court will hear two appeals this week starting with Patmalniece v Secretary of State for Work and Pensions from Monday 29 November to Wednesday 1 December 2010. Lords Hope, Rodger and Walker, Lady Hale and Lord Brown will consider whether the condition attached to claiming a state pension credit, of the right of residence in the UK or Ireland constitutes direct discrimination on the grounds of nationality; or, if it is an apparently neutral condition, whether it indirectly discriminates in such a way that is not justified by a legitimate aim not predicated upon nationality. The Supreme Court details are here.
The appeal in the case of Yemshaw v London Borough of Hounslow will be heard on Thursday 2 December 2010 by Lords Hope, Rodger and Walker, Lady Hale and Lord Brown. The case is concerned with a wife who has fled the matrimonial home to a women’s refuge due to domestic violence and the issue is whether the term “domestic violence” in s.177 of the Housing Act 1996 only means actual or threatened physical violence, or whether it encompasses action which falls short of threats of physical violence. The Supreme Court details are here.
The Supreme Court has announced that it will hand down judgment on the following cases on Wednesday 1 December:
R v Chaytor and others, which was heard on 18-19 October 2010 and decisions were given on 10 November 2010. Here is our case preview and here are the Supreme Court details.
Spiller and another v Joseph and others, heard 26 July 2010. Our case preview is here and the Supreme Court details are here.
The Privy Council will hear 4 linked Isle of Man cases over 4 to 5 days from Tuesday 30 November to Tuesday 7 Decembe 2010: AK Investment CJSC v Kyrgyz Mobil Tel Limited and Ors; 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. The cases concern the claims by a number of Isle of Man companies claiming against foreign parties for the fraudulent misappropriation of assets. The issue is whether the companies may serve the foreign parties out of jurisdiction where the appropriate forum for the litigation is Kyrgyzstan, due to the claimants’ evidence of corruption of the Kyrgyz judicial process.
No judgments have been announced for hand down in the Privy Council.
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
Global Process Systems Inc and another v Syarikat Takaful Malaysia Berhad, heard 28 July 2010
Progress Property Company Limited v Moorgarth Group Limited, heard 5-6 October 2010
Principal Reporter v K and others (Appellants) (Scotland), heard 20-21 October 2010
The Child Poverty Action Group v Secretary of State for Work and Pensions, heard 25 October 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
Commissioners for Her Majesty’s Revenue and Customs v DCC Holdings (UK) Limited, heard 2-4 November 2010
Coke-Wallis v Institute of Chartered Accountants in England and Wales, heard 8-9 November 2010
R (on the application of Edwards) v Environment Agency and others, heard 11 November 2010
Morge v Hampshire County Council, heard 8 November 2010
ZH (Tanzania) (FC) v Secretary of State for the Home Department, heard 9-10 November 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
Mayor & Burgesses of the London Borough of Hounslow v Powell; Leeds City Council v Hall; and Birmingham City Council v Frisby, heard 23-24 November 2010
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
The Palms Resort Limited v. P.P.C. Limited, heard 13 October 2010
Charles Villeneuve & Anr v Joel Gaillard & Anr (Bahamas), heard 20-21 October 2010
National Transport Authority v Mauritius Secondary Industry Limited, heard 25 October 2010
Steven Kent Jervis & Another v Victor John Skinner (Bahamas), heard 27-28 October 2010
Francis Paponette LLP & Others v The Attorney General of Trinidad and Tobago, heard 1-2 November 2010
Culross Global SPC Limited v Strategic Turnaround Master Partnership Limited (Cayman Islands), heard 3-4 November 2010
