In the Supreme Court week commencing 16 March 2020
16 Monday Mar 2020
Matrix Legal Support Service News Articles
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On Tuesday 17 March and Thursday 19 March, the Supreme Court will hear the appeal of Serafin v Malkiewicz & Ors. This appeal will consider inter alia the breadth of the public interest defence in the Defamation Act 2013, s 4 and, in particular, whether the defence is available where the allegations complained of relate to an individual’s private conduct towards a body in relation to which there is a public interest, rather than to the running of that body.
On Wednesday 18 March 2020, the Supreme Court will hand down judgment in MS (Pakistan) v Secretary of State for the Home Department. This appeal considers, inter alia, the situation where the Competent Authority for the purposes of the European Convention on Action against Trafficking in Human Beings has determined that a person is not a victim of trafficking, its effect on the jurisdiction of a tribunal hearing an appeal against a decision to remove that person to decide whether a person is a victim of trafficking.
On Tuesday 17 March 2020, the Privy Council will hear the appeal of Bain v The Queen (Bahamas). This appeal considers issues pertaining to conviction and sentence where the Appellant appeals both.
On Thursday 19 March 2020, the Privy Council will also hear the appeal of Fund Haven Ltd & Anor v The Executive Director of the Securities Commission of the Bahamas (Bahamas). This appeal considers whether the Court of Appeal erred in declining to certify the appellants’ application for permission to appeal under the Court of Appeal Act, s 21 (1) as raising a point of law of general public importance.
The following Supreme Court judgments remain outstanding:
Keefe (by his litigation friend Eyton) v Hoteles Pinero Canarias SL, heard 7 Mar 2017.
Arcadia Petroleum Ltd & Ors v Bosworth & Anor, heard 10-11 Apr 2017.
Vedanta Resources Plc & Anor v Lungowe & Ors, heard 15-16 Jan 2019.
Sevilleja v Marex Financial Ltd, heard 8 May 2019.
Test Claimants in the Franked Investment Income Group Litigation & Ors v Commissioners of Inland Revenue, heard 27 Jun 2019.
R (DN (Rwanda)) v Secretary of State for the Home Department, heard 7- 8 October 2019.
Duval v 11-13 Randolph Crescent ltd, heard 10 October 2019.
Unwired Planet International Ltd & Anor v Huawei Technologies (UK) Co Ltd & Anor, Huawei Technologies Co Ltd & Anor v Conversant Wireless Licensing SARL and ZTE Corporation & Anor v Conversant Wireless Licensing SARL, heard 21- 24 October.
In the matter of an application by Anthony McIntyre for Judicial Review (Northern Ireland), heard 24 October 2019.
Commissioners for Her Majesty’s Revenue & Customs v Parry & Ors, heard 31 October 2019.
Aspen Underwriting Ltd & Ors v Credit Europe Bank NV, heard 4-5 November 2019.
WM Morrisons Supermarkets plc v Various Claimants, heard 6-7 November 2019.
Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd), heard 12-13 November 2019.
ABC (AP) v Principal Reporter & Anor (Scotland), heard 13- 14 November 2019.
In the matter of XY (AP) (Scotland), heard 13- 14 November 2019.
R v Adams (Northern Ireland), heard 19 November 2019.
R (Palestine Solidarity Campaign Ltd & Anor) v Secretary of State for Communities and Local Government, heard 20 November 2019.
MS (Pakistan) v Secretary of State for the Home Department, heard 21 November 2019.
Barclays Bank plc v Various Claimants, heard 28 November 2019.
R v Hilton (Northern Ireland), heard 2 December 2019.
MacDonald & Anor v Cambroe Estates Ltd (Scotland), heard 4 December 2019.
AM (Zimbabwe) v Secretary of State for the Home Department, heard 4-5 December 2019.
The Law Debenture Trust Corporation plc v Ukraine (Represented by the Minister of Finance of Ukraine acting upon the instructions of the Cabinet of Ministers of Ukraine) Nos. 2 and 3, heard 9-12 December 2019.
Villiers v Villiers, heard 9- 10 December 2019.
R (on the application of Pathan) v Secretary of State for the Home Department, heard 12 December 2019.
Lehtimaki & Ors v Cooper, heard 14- 15 January 2020
Sainsbury’s Supermarkets Ltd v Visa Europe Services LLP & Ors, heard 20-23 January 2020
R V C, heard 27 January 2020
Peninsula Securities Ltd v Dunnes Stores (Bangor) Ltd (Northern Ireland), heard 28- 29 January 2020
Zipvit Ltd v Commissioners for HMMRC, heard 29- 30 January 2020
Regeneron Pharmaceuticals Inc v Kymab Ltd, heard 11-12 February 2020
Royal Mencap Society v Tomlinson-Blake, heard 12- 13 February 2020
Shannon v Rampersad & Anor (T/A Clifton House Residential Home), heard 12-13 February 2020
Test Claimants in the Franked Investment Income Group Litigation & Ors v Commissioners of Inland Revenue (1) and (2), heard Tuesday 18 February 2020 – Thursday 20 February 2020
Dill v Secretary of State for Communities and Local Government & Anor, heard Tuesday 10 March 2020
Cardtronics UK Ltd & Ors v Sykes & Ors, heard Wednesday 11- Thursday 12 March 2020.
2 comments
Travel2leisure said:
19/03/2020 at 19:50
Having indefinitely postponed its March oral argument sitting, the Supreme Court will need to develop a plan for these cases and those in the April sitting too. There are 20 oral arguments in question: 11 for March and nine for April. Because there is little relevant precedent, there is no way to predict what the court will do. In this post, I lay out what seems most likely and sensible to me.
Elements of Style said:
19/03/2020 at 23:48
In recent years, the Supreme Court has rarely cancelled or postponed argument sessions even when other governmental institutions have shut down, either because of inclement weather or for budgetary reasons. However, today’s announcement emphasized that the “postponement of argument sessions in light of public health concerns is not unprecedented.” Not only did the court postpone arguments in October 1918 in response to a Spanish flu epidemic, as Tom Goldstein discussed yesterday, but it also “shortened its argument calendars in August 1793 and August 1798 in response to yellow fever outbreaks.”