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This week Supreme Court was due to hear the case of Shell UK Ltd & Ors v Total UK Ltd & Or – which concerned the Buncefield oil terminal fire. However, this case has now been settled so the Court will instead hear two other appeals. First, on Monday 4 and Tuesday 5 April 2011, Lord Rodger, Lady Hale, Lords Brown, Kerr and Dyson will hear R (McDonald) v Royal Borough of Kensington and Chelsea. The Court will decide whether the Royal Borough of Kensington and Chelsea carried out an unlawful needs assessment; violated the Appellant’s Article 8 rights and/or discriminated against the Appellant by reducing her care funding. The Supreme Court case details are here.
Second, on 6 and 7 April 2011, Lords Phillips, Rodger, Walker, Mance and Clarke will hear Jivraj v Hashwani. The issue is whether arbitrators are employees for the purposes of anti-discrimination legislation and whether a term in an arbitration agreement providing that all arbitrators must be of a certain religious belief, if unlawful, renders the whole of the arbitration agreement void. Here are the Supreme Court case details and here is our case preview.
The Supreme Court has announced that the judgments of the following will be handed down on Wednesday 6 April 2011:
– Secretary of State for Communities and Local Government and another v Welwyn Hatfield Borough Council, heard 7 – 8 February 2011 (here is our case preview); and
– Farstad Supply A/S v Enviroco Limited, heard 19-20 January 2011 (here is our case preview).
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
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
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.
R (Cart) v The Upper Tribunal; Eba v Advocate General for Scotland (Scotland); and R (MR (Pakistan)) v Secretary of State for the Home Department, heard 14 – 17 March 2011.
Fraser v Her Majesty’s Advocate, heard 21 – 22 March 2011.
Bloomsbury International Limited and others v Sea Fish Industry Authority and Department for Environment, Food and Rural Affairs, heard 23 – 24 March 2011.
NML Capital Ltd v Republic of Argentina, heard 29 – 30 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.
Peter Stewart v The Queen (Jamaica), heard 28 March 2011.
Rohan Vidal and Kevin Thompson v The Queen (Jamaica), heard 29 March 2011.
