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The Supreme Court is due to hear three appeals and two applications this week.  On Monday and Tuesday 8 to 9 November 201o, in Court 1, Lords Phillips, Rodger, Collins and Clarke and Sir John Dyson SCJ will hear Coke-Wallis v Institute of Chartered Accountants in England and Wales.  The issue is whether the principles of autrefois acquit, res judicata or abuse of process should prevent the preferment of a disciplinary complaint based on conduct underlying a conviction, when a complaint based on the conviction has already been dismissed. The case details from the Supreme Court can be found here.

In the same Court, on Thursday 11 November 2010, Lords Hope, Walker, Brown and Mance and Sir John Dyson SCJ will hear an application in R (on the application of Edwards)  v Environment Agency and others. The case concerns the Environment Agency’s duties of public consultation and disclosure of information about the potential environmental impact of permitting a cement works. Here is a link to the 2008 Opinion of the House of Lords.

Two applications and an appeal are listed in Court 2.  On Monday 8 November 2010 Morge v Hampshire County Council will be heard by Lords Walker and Brown, Lady Hale, and Lords Mance and Kerr. The case concerns a challenge to the grant of planning permission for a bus way on the basis of the environmental harm which it will cause.  The Supreme Court case details are here.

On Tuesday and Wednesday, 9 and 10 November 2010, Lord Hope, Lady Hale, Lords Brown, Mance and Kerr will hear ZH (Tanzania) (FC) v Secretary of State for the Home Department. This court will decide whether the British citizenship of children to a mother who is deported is a special or decisive factor in the Article 8 balancing exercise; and whether the father of the children being practically unlikely to be able to visit them abroad means that his Article 8 rights should prevail over the interest in deportation. The Supreme Court case details are here.

On Thursday 11 November 2010 there is an application for permission in the case of JP Morgan Chase Bank N.A. and another v Berliner Verkehrsbetriebe (BVG) Anstalt des Oeffentlichen Rechts will be heard by Lords Phillips, Rodger and Collins. The case is concerned with BVG’s argument that the decision of its management and supervisory board to enter into a credit default swap arrangement was ultra vires and therefore void, having the effect of making the subsequent contracts for the credit default swap arrangements also void. Here is a link to the Court of Appeal judgment.

No judgments have been announced for hand down by the Supreme Court.

There are no appeals being 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

R v Maxwell, heard 19-20 July 2010

Holland v The Commissioners for HMRC and another, heard 21-22 July 2010

Spiller and another v Joseph and others, heard 26 July 2010

Global Process Systems Inc and another v Syarikat Takaful Malaysia Berhad, heard 28 July 2010

Progress Property Company Limited v Moorgarth Group Limited, heard 5-6 October 2010

MA (Somalia) v Secretary of State for the Home Department, heard 11 October 2010

Multi-Link Developments Limited v North Lanarkshire Council (Scotland), heard 12 October 2010

Royal Bank of Scotland plc v John Patrick McCormack Wilson and another (Scotland) and Royal Bank of Scotland plc v Francis John Wilson and another (Scotland), heard 13-14 October 2010

R v Chaytor and others, heard 18-19 October 2010

Principal Reporter v K and others (Appellants) (Scotland), heard 20-21 October 2010

The Child Poverty Action Group v Secretary of State for Work and Pensions, heard 25 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

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

E. Anthony Ross v. Bank of Commerce (Saint Kitts Nevis) Trust and Savings Association Limited, heard 12 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