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There is just one appeal in the Supreme Court this week. From Monday 7 to Wednesday 9 March 2011, Lords Phillips and Walker, Lady Hale, and Lords Mance and Collins will hear Lucasfilm Limited and others v Ainsworth and another. This is an appeal from a decision of the Court of Appeal handed down on 16 December 2009 ([2009] EWCA Civ 1328). The case is concerned with the production of a stormtrooper helmet based on a clay model and images of the design. The first respondent, Ainsworth, produced a final plastic version of the helmet, into which he had also incorporated his own improvements. He then made and sold copies of the helmet. Under US law there had been an infringement of the copyright owned by Lucasfilm.
The issues are (1) the application of copyright protection under English law to three dimensional works; and (2) whether a claim of an infringement under US copyright law is justiciable in England. Here are the Supreme Court case details.
The Supreme Court has announced hand down of judgment of the following linked cases, heard 26 – 28 October 2010: Sienkiewicz (Administratrix of the Estate of Enid Costello Deceased) v Greif (UK) Limited here are the case details; and Knowsley Metropolitan Borough Council v Willmore here are the case details.
Meanwhile in Courtroom 3, there are three murder cases listed in the Privy Council this week each to be heard by Lords Rodger, Brown, Kerr, Clarke and Dyson. The first case from the Bahamas, Maxo Tido v The Queen will be heard on Monday 7 March 2011 and concerns evidential and sentencing issues. Here are the case details.
The second case, Nimrod Miguel v The Republic of Trinidad & Tobago will be heard from Tuesday 8 to Wednesday 9 March 2011. Nimrod Miguel is appealing his murder case on the grounds of police mistreatment and procedural issues. The case details are here.
The final case, Tabeel Lewis v The State is also from the Republic of Trinidad & Tobago and will be heard on Thursday 10 March 2011. The Appellant, Tabeel Lewis is relying on fresh evidenc e as to his mental state at the time of the alleged offence and seeking permission to appeal to the Privy Council on grounds that the judge should have left the partial defence of provocation to the jury. Here are the case details.
The Privy Council has not announced any judgments for hand down this week.
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
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
Patmalniece (FC) v Secretary of State for Work and Pensions, heard 29 November – 1 December 2010
Jones v Kaney, heard 11 – 12 January 2011
Duncombe and others v Secretary of State for Children, Schools and Families, heard 17-18 January 2011
Farstad Supply A/S v Enviroco, heard 19-20 January 2011
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
Home Office (Respondent) v Tariq (Appellant), 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
Secretary of State for Communities and Local Government & another v Welwyn Hatfield Borough Council, heard 7 – 8 February 2011
R(on the application of Adams) (FC) 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.
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
AK Investment CJSC v Kyrgyz Mobil Tel Limited and Others; 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, heard 30 November-7 December 2010.
John Thompson & Another (Original Appellants/Cross Respondents) v Goblin Hill Hotels Limited (Original Respondents/Cross Appellants) (Jamaica), heard 20 January 2011
Tasarruf Mevduati Sigorta Fonu v Merrill Lynch Bank and Trust Company (Cayman) Limited & Others, heard 31 January – 1 February 2011
Curtis Francis Warren and Others v HM Attorney General for the Bailiwick of Jersey, heard 9 – 10 February 2011
Edwin M Hughes v La Baia Limited (Anguilla), heard 23 -24 February 2011
