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This Week in the Supreme Court – w/c 20th June 2022

Hearings in the Supreme Court are now shown live on the Court’s website.

On Wednesday 22nd June, the Supreme Court will hand down a judgment that combines three appeals: Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd, Cornerstone Telecommunications Infrastructure Ltd v Ashloch Ltd and another, On Tower UK Ltd (formerly known as Arqiva Services Ltd) v AP Wireless II (UK) Ltd [2022] UKSC 18. This judgment will consider whether the Upper Tribunal has the jurisdiction to confer rights under the Electronic Communications Code in relation to a particular site in certain circumstances relating to each appeal. The Court will also consider the meaning and effect of paragraphs 20 and 27 of The Code. The judgments being appealed are 2019 EWCA Civ 1755, [2021] EWCA Civ 90 and [2020] UKUT 0195 (LC) respectively.

Later on Wednesday 22nd June, the Court will hear the case of R v Andrewes, on appeal from [2020] EWCA 1055. This appeal concerns the meaning of the word ‘disproportionate’ in s6(5) of the Proceeds of Crime Act 2002, in the context of confiscation orders and whether it would be disproportionate to require a defendant to repay the recoverable amount. This will take place at 10:30am in Courtroom One.

The following Supreme Court judgments remain outstanding: (As of 22/6/22)

  • 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
  • BTI 2014 LLC v Sequana SA and Ors, heard 4 May 2021
  • East of England Ambulance Service NHS Trust v Flowers and Ors, heard 22 June 2021
  • Basfar v Wong, heard 13th-14th October
  • Harpur Trust v Brazel, heard 9th November 2021
  • Guest and another v Guest heard 3rd December 2021
  • Fearn and others v Board of Trustees of the Tate Gallery heard 7th December 2021
  • Stanford International Bank Ltd (in liquidation) v HSBC Bank PLC, heard 19th January 2022
  • Commissioners for Her Majesty’s Revenue and Customs v NCL Investments Ltd and another, heard 25th January 2022
  • DCM (Optical Holdings) Ltd v Commissioners for Her Majesty’s Revenue and Customs (Scotland), heard 8th February 2022
  • Hastings v Finsbury Orthopaedics Ltd and another (Scotland), heard 28th April 2022
  • HA and RA (Iraq) v Secretary of State for the Home Department, heard 17th May 2022
  • AA (Nigeria) v Secretary of State for the Home Department, heard 17th May 2022
  • R v Luckhurst, heard 7th June 2022
  • Commissioners for Her Majesty’s Revenue and Customs v NHS Lothian Health Board, heard 8th June 2022
  • Canada Square Operations Ltd v Potter, heard 14th June 2022
  • R v Andrewes, heard 21st June 2022.