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Two appeals are listed in the Supreme Court this week with R v F and R v M being heard by Lords Hope, Rodger and Walker, Lady Hale and Lord Brown on Monday 6 December. The case is concerned with the criminal offence of making funds available to Iraq contrary to the Iraq (United Nations Sanctions) Order 2000 (the “Order“) and in particular the question of whether the offence can be committed where the Order was made ultra vires.
The Court will determine whether the power to create criminal offences granted to Her Majesty in Council by section 1 of the United Nations Act 1946 (the “1946 Act”) may only lawfully be exercised at or about the time of the relevant Security Council resolution; and if so, whether, to the extent they create a criminal offence, Articles 3(a) and 11(4) of the Iraq (United Nations Sanctions) Order 2000 are ultra vires section 1 of the 1946 Act given that the relevant Security Council resolution was adopted in 1990. The Supreme Court details for both appellants are here.
The case of Brent London Borough Council & Others (Harrow London Borough Council) v Risk Management Partners Ltd will be heard from Wednesday 8 to Monday 13 December by Lords Hope, Rodger, Walker and Brown and Sir John Dyson SCJ. The issues are firstly whether the Councils acted ultra vires in establishing and capitalising a mutual insurance business in collaboration with a group of other local authorities for the purpose of reducing the expense of procuring insurance coverage and secondly, whether the EU law Teckal exemption functions to exclude an association of local authorities cooperating in order to provide themselves with insurance coverage from the application of the obligation imposed under the EU Procurement Directive to send a contract for the provision of such services out for competitive private sector tender. The Supreme Court details are here.
The Supreme Court has announced that it will hand down judgment on the following cases on Wednesday 8 December:
The Child Poverty Action Group v Secretary of State for Work and Pensions, which was heard 25 October 2010. The Supreme Court details are here.
Progress Property Company Limited v Moorgarth Group Limited, heard 5-6 October 2010. Here is our case preview and the Supreme Court case details are here.
The Privy Council will continue to hear the following 4 linked Isle of Man cases that commenced last week on Tuesday 30 November and are scheduled to conclude on Tuesday 7 December: 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 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 alleged corruption of the Kyrgyz judicial process. (Please click on each case for the Privy Council case details).
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
Principal Reporter v K and others (Appellants) (Scotland), heard 20-21 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
Patmalniece (FC) v Secretary of State for Work and Pensions, heard 29 November – 1 December 2010
Yemshaw v London Borough of Hounslow, heard 2 December 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
