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In Courtroom 1 of the Supreme Court from Tuesday 5 until Wednesday 6 March 2013 is Petrodel Resources Ltd & Ors v Prest, to be heard by a panel of seven (L Neuberger, L Walker, L Hale, L Mance, L Clarke, L Wilson and L Sumption). This is a key matter which will see the Supreme Court determine whether it is open to the court in ancillary relief proceedings to treat the assets of a company (of which a spouse is the sole controller) as being assets to which that spouse is ‘entitled’ for the purposes of the Matrimonial Causes Act 1973, s 24(1)(a); that is, whether it is possible to “pierce the corporate veil” in divorce settlements. Case details are available here.
In Courtroom 2 and also listed from Tuesday 5 until Wednesday 6 March 2013 is the appeal of Uprichard v Scottish Ministers & Anor, to be heard by L Hope, L Kerr, L Reed, L Carnwath, and Lord Carloway from the Supreme Courts of Scotland. This matter concerns a strategic land use plan for Fife which the appellant contended, arguing that the scale of the proposed development would significantly damage the landscape setting of St Andrews. The Supreme Court will determine whether the reasons given by the Scottish Ministers in responding to the appellant were adequate, and additionally, whether authorising the part of the structure plan relating to St Andrews was within the Ministers’ devolved powers. Here are the case details.
On Thursday 7 March 2013 in Courtroom 1 is R v Brown, an appeal from Northern Ireland concerning the Criminal Law Amendment Act 1885. The appellant was charged with unlawful carnal knowledge of a female under the age of 14 years, and the trial judge dealt with the matter as if it was a strict liability offence. The Supreme Court will determine the situation under s 4 of the 1885 Act if the defendant held an honest belief that the female in question was older than 14. Case details are available here.
Finally, on Thursday 7 March 2013 in Courtroom 2 is R (ClientEarth) v The Secretary of State for the Environment, Food and Rural Affairs. The appellant argues that Directive 2008/50/EC (the Air Quality Directive) requires the respondent to prepare an air quality plan for areas which exceeded nitrogen dioxide limits in 2010 that demonstrates compliance with the limits by 2015. The respondent had published draft air quality plans for public consultation which predict compliance in 23 zones by 2015, 16 zones by 2020 and compliance in the London zone before 2025. Case details are here.
On Wednesday 6 March 2013 the Supreme Court will hand down judgment in Daejan Investments Ltd v Benson & Ors.
In the Privy Council on Monday 4 March 2013 are the linked appeals of Cukurova Finance International Ltd & Anor v Alfa Telecom Turkey Ltd (23) and Cukurova Finance International Ltd & Anor v Alfa Telecom Turkey Ltd (24), from the British Virgin Islands. There are no case details currently available for these matters.
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.
Schutz Ltd v Werit Ltd, heard 15 – 16 January 2013.
Hayes v Willoughby, heard 17 January 2013.
WHA Ltd & Anor v HMRC, heard 21 – 24 January 2013.
SL v Westminster City Council, heard 28 – 29 January 2013.
Public Relations Consultants Association Ltd v The Newspaper Licensing Agency Ltd & Ors, heard 11 – 12 February 2013.
The President of the Methodist Conference v Preston, heard 13 – 14 February 2013.
Ministry of Defence v Smith & Ors, heard 18 – 21 February 2013.
BNY Corporate Trustee Services Ltd & Ors v Neuberger Berman Europe Ltd (on behalf of Sealink Funding Ltd & Ors), BNY Corporate Trustee Services Ltd & Ors v Patron EMF S.A.R.L., and BNY Corporate Trustee Services Ltd & Ors v Eurosail-UK 2007- 3BL PLC, heard 25 – 26 February 2013.
In the Matter of B (a Child), heard 25 – 26 February 2013.
Benedetti v Sawiris & Ors, heard 26 – 28 February 2013.
Barts and the London NHS Trust v Verma, heard 27 February 2013.
Jones (by Caldwell) v First Tier Tribunal & Criminal Injuries Compensation Authority, heard 28 February 2013.
