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There is only one Supreme Court appeal in the second week of the Easter Term, commencing with a two-day hearing of Autoclenz Limited v Belcher and others to be heard by Lords Hope, Walker, Collins, Clarke and Sir Nicholas Wilson on Wednesday 11 and Thursday 12 May 2011. This case is about a car valeting business which, in 2007, required the Respondents to sign new contracts stating them to be self-employed and under no obligation to provide services, and permitting the sub-contracting of the provision of any services. The Court is to decide whether such a contract excludes those persons from the definition of “worker” in s. 230(3)(b) Employment Rights Act 1996, and whether those persons are employees under s.230(3)(a). The Supreme Court details are here.

The Supreme Court has announced that the judgments of R (on the application of Adams) v Secretary of State for 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, and Commissioners for Her Majesty’s Revenue & Customs v Tower MCashback LLP 1 and another, heard 21 -22 February 2011, will be handed down on Wednesday 11 May 2011. Here and here are our case previews.

There are two appeals in the Privy Council this week to be heard by Lords Phillips, Brown, Mance, Kerr and Dyson. On Tuesday 10 and Wednesday 11 May 2011, Permanent Secretary (Ministry of Foreign Affairs) and Patrick Manning v Feroza Ramjohn (Trinidad and Tobago) is a case in which the Respondent’s appointment to the Trinidad and Tobago High Commission in London was rescinded without any reasons given. The Privy Council is to decide whether (1) the principles of natural justice applied to the exercise of power by the Prime Minister to transfer the Respondent and to revoke the transfer under section 121(6) of the Constitution and, if the principles do apply, whether the principles were excluded or modified in this case on grounds of national security; (2) the Court of Appeal erred in granting a declaration that the Respondent was treated unfairly as a result of the Second Appellant’s failure to inform her of the case against her and to give her an opportunity to make representations; and (3) the Court of Appeal erred in finding that the trial judge was entitled to exercise her discretion in favour of granting an amendment so as to treat the Respondent as challenging the decision of the Second Appellant. The Privy Council case details are here.

The second appeal, The Honourable Prime Minister Mr Patrick Manning, The Public Service v Ganga Persad Kissoon (Trinidad and Tobago) is to be heard on Thursday 12 May 2011 and is a judicial review of a public service appointment. The Respondent, appointed the Assistant Commissioner for Valuations in 1998 but bypassed for promotion to the Commissioner of State Lands, maintains that the decision breached the principles of natural justice; amounted to an arbitrary, unreasonable, irregular and improper exercise of discretion; amounted to an abuse of process conflicts with the policy of chapter 9 of the Constitution; deprived the Respondent of a legitimate expectation and was Wednesbury unreasonable. Here are the Privy Council case details.

There are no judgments to be handed down in the Privy Council 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

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

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

R (on the application of Adams) 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.

Lucasfilm Limited and others v Ainsworth and another, heard 7 – 9 March 2011.

R (Cart) v The Upper Tribunal; Eba v Advocate General for Scotland (Scotland); and R (MR (Pakistan)) v Secretary of State for the Home Department, heard 14 – 17 March 2011.

Fraser v Her Majesty’s Advocate, heard 21 – 22 March 2011.

Bloomsbury International Limited and others v Sea Fish Industry Authority and Department for Environment, Food and Rural Affairs, heard 23 – 24 March 2011.

NML Capital Ltd v Republic of Argentina, heard 29 – 30 March 2011.

R (McDonald) v Royal Borough of Kensington and Chelsea, heard 4 – 5 April 2011.

Jivraj v Hashwani, heard 6 -7 April 2011.

R (on the application of G) v The Governors of X School, heard 11 – 12 April 2011.

Parkwood Leisure Limited v Alemo-Herron and others, heard 13 – 14 April 2011.

Kernott v Jones, heard 4 May 2011.

R v Waya, heard 5 May 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

Tasarruf Mevduati Sigorta Fonu v Merrill Lynch Bank and Trust Company (Cayman) Limited & Others, heard 31 January – 1 February 2011

Maxo Tido v The Queen (Bahamas), heard 7 March 2011

Nimrod Miguel v The Republic of Trinidad & Tobago, heard 8 – 9 March 2011

Tabeel Lewis v The State (Republic of Trinidad & Tobago), heard 10 March 2011.

Peter Stewart v The Queen (Jamaica), heard 28 March 2011.

Rohan Vidal and Kevin Thompson v The Queen (Jamaica), heard 29 March 2011.

Rhett Allen Fuller v The Attorney General of Belize, heard 11 – 12 April 2011.

Rajendra Krishna v The Republic of Trinidad and Tobago, heard 13 – 14 April 2011.

Omar Grieves and Others v The Queen, heard 4 May 2011.