In Courtroom 1 this morning until Tuesday 10 July 2012 is the appeal of BCL Old Co Ltd & ors v BASF plc & ors, to be heard by Lords Phillips, Walker, Mance, Clarke, and Wilson. In this matter the appellants had brought proceedings against the respondents to recoup their loss sustained by the respondent’s participation in a vitamins cartel which infringed competition rules. The respondents argued that the claim was time barred, an argument upheld by the Court of Appeal which held that the suspensive effect of an appeal only applies if liability is challenged – there is no suspension to a challenge to penalty alone. It is for the Supreme Court to determine whether the Court of Appeal’s construction of the Competition Appeal Tribunal Rules which denies the CAT a power to extend time for the purposes of bringing proceedings in follow on damages claims under the Competition Act 1998 s47a is in breach of the EU general principles of effectiveness and legal certainty. Case details are available here.
In Courtroom 2 from Monday 9 July 2012 over two days is the appeal from the Court of Session of Walton v The Scottish Ministers. The appellant is chairman of an organisation called Roadsense, which seeks to challenge the proposed route for the Aberdeen Western Peripheral Route and has appealed to the Supreme Court to certify the validity of Schemes and Orders made by the respondents in relation to the proposed road. Here are the case details.
On Wednesday 11 July 2012 in Courtroom 1 is the matter of Birmingham City Council v Abdulla & ors. The 174 respondents are all former employees of the appellant that had brought proceedings for breach of contract in the High Court relying on terms implied in their employment contracts under the Equal Pay Act 1970. It is for the Supreme Court to determine whether these proceedings would be more conveniently dealt with in the Employment Tribunal, and therefore should be struck out. Case details are available here.
Further costs hearings for the Employers Liability Insurance “Trigger Litigation” were listed for Wednesday 11 July 2012 in Courtroom 2, but they have been cancelled.
On Wednesday 11 July 2012 the Supreme Court will hand down judgment in the following: ANS & anor v ML and G Hamilton (Tullochgribban Mains) Ltd v The Highland Council & anor.
In the Privy Council this week is the appeal from the Court of Appeal of the Commonwealth of the Bahamas of Ebbvale Limited v Andrew Lawrence Hosking (Trustee in Bankruptcy of Andreas Sofroniou Michaelides). It is for the Judicial Committee to determine whether the “winding up” proceedings in respect of the petitioner’s company were tactical and designed to provide the petitioner with an unfair advantage. Case details are available here.
On Thursday 12 July 2012 the Judicial Committee will hand down judgment in Kelly & ors v Fraser.
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.
Perry & Ors v Serious Organised Crime Agency and Perry & Ors (No. 2) v Serious Organised Crime Agency, heard 20 – 23 March 2012.
R v Waya, heard 27 – 30 March 2012.
R (Alvi) v Secretary of State for the Home Department, heard 24 – 27 April 2012.
Secretary of State for the Home Department v Munir & Anor, heard 24 – 27 April 2012.
Al-Sirri v Secretary of State for the Home Department, heard 14 – 15 May 2012.
DD (Afghanistan) v Secretary of State for the Home Department, heard 16 – 17 May 2012.
Rubin & Anor v Eurofinance SA & ors, heard 21 – 24 May 2012.
SerVaas Incorporated v Rafidian Bank & Ors, heard 28 – 29 May 2012.
The Health and Safety Executive v Wolverhampton City Council, heard 13 – 14 June 2012.
RT (Zimbabwe) v Secretary of State for the Home Department and KM v Secretary of State for the Home Department, heard 18 – 19 June 2012.
T (Children), heard 25 June 2012.
Hewage v Grampian Health Board, heard 26 June 2012.
R v Varma, heard 27 – 28 June 2012.
Secretary of State for Foreign and Commonwealth Affairs and anor v Yunus Rahmatullah, heard 2 – 3 July 2012.
Solihull Metropolitan Borough Council v Hickin, heard 3 July 2012.