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Listed for two days from Monday 4 February 2013 in Courtroom 2 of the Supreme Court is the matter of Joint Administrators of Heritable Bank v The Winding-Up Board of Landsbanki Islands HF, an appeal from the Court of Session. The appellant, Landsbanki, lodged a claim against the respondent, Heritable after it went into administration for a sum owed pursuant to a credit facility agreement. Later, the respondent lodged various claims against Landsbanki in the winding-up of the Icelandic bank, which were rejected save for one relating to an interest swap agreement. The issues for the Supreme Court are further complicated by the principle under European law that each EEA insolvency proceeding must be opened and conducted in accordance with the laws, regulations and procedures applicable in that Member State, subject to certain prescribed exceptions. According to the appellant the issue is whether the rejection of a claim made by a bank subject to insolvency proceedings opened and conducted in the UK against a bank subject to insolvency proceedings opened and conducted in Iceland, has effect throughout the European Economic Area so as to bind Heritable. According to the respondent the issue is whether in cases where there are two separate EEA insolvency proceedings, each relating to a separate entity and each governed by a different law in two Member States, the admission of Landsbanki’s claims in Heritable’s administration is to be determined in accordance with Scottish law. For more details the case details are available here.
In the matter of an application by Martin Corey for Judicial Review was scheduled for two days from Wednesday 6 February 2013, but it has been removed from the listing.
On Wednesday 6 February 2013 the Supreme Court will hand down judgment in the following: VTB Capital plc v Nutritek International Corp & Ors and O’Brien v Ministry of Justice.
It’s a busy week in the Privy Council – listed for four days in Courtroom 3 are the linked appeals from the Court of Appeal of Bermuda of Mutual Holdings Ltd & Ors v Hendricks & Ors, and Hendricks v Mutual Indemnity Ltd & Ors. In the first appeal the Judicial Committee will determine whether the Court was entitled to overturn findings of fraud where those findings depended primarily on the credibility and testimony of multiple witnesses, and whether a separate finding that certain agreements were ultra vires under Bermudan company law was correct in law. The issue in the second appeal is whether findings that certain agreements were ultra vires, and the purported issue of a preference share was defective, entitles the appellant to recover all sums advanced in respect of those agreements. Case details are available here and here.
On Thursday 7 February the Judicial Committee will hand down judgment in the following: Director General, Mauritius Revenue Authority v Central Water Authority, American Jewellery Co & Ors v Commercial Corporation Jamaica Ltd & Ors, and Rummun v The State of Mauritius.
The following Supreme Court judgments remain outstanding:
Stanford International Bank Ltd (acting by its joint liquidators) v Director of the Serious Fraud Office, heard 23 – 25 January 2012.
HMRC v Loyalty Management UK Ltd, heard 24 – 25 October 2012.
R (Faulkner) v Secretary of State for Justice & Anor and R (Faulkner) v Secretary of State for Justice & The Parole Board, heard 19 – 21 November 2012.
Daejan Investments Ltd v Benson & Ors, heard 4 December 2012.
In the matter of Digital Satellite Warranty Cover Ltd & Anor v Financial Services Authority, heard 10 – 11 December 2012.
Financial Services Authority v Sinaloa Gold plc & Ors, heard 12 – 13 December 2012.
In the matter of J (Children), heard 17 – 19 December 2012.
Schutz Ltd v Werit Ltd, heard 15 – 16 January 2013.
Sharif v The London Borough of Camden, heard 17 January 2013.
Hayes v Willoughby, heard 17 January 2013.
In the Matter of L-B (Children), heard 21 January 2013.
WHA Ltd & Anor v HMRC, heard 21 – 24 January 2013.
SL v Westminster City Council, heard 28 – 29 January 2013.
Davies & Anor t/a All Stars Nursery v The Scottish Commission for the Regulation of Care, heard 30 January 2013.
