In the Supreme Court W/C 02 November 2020
02 Monday Nov 2020
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Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 02 and Tuesday 03 November, the Supreme Court will hear the appeal of Pakistan International Airline Corporation v Times Travel (UK) Ltd. This appeal will consider the ingredients of economic duress and, specifically, whether economic duress can arise where lawful acts or threats are made by one party in support of a demand which that party genuinely believes it is entitled to make.
On Thursday 05 November, the Supreme Court will hear the appeal of Khan v Meadows. This appeal will consider whether, if a child born with more than one disability would not have been born but for a doctor’s failure to advise of the risk of their being born with one of those disabilities, the mother can sue the doctor for the costs associated with all of the child’s disabilities in addition to the costs associated with the disability the doctor was consulted on.
On Friday 06 November, the Supreme Court will hand down two judgments. The first is Secretary of State for Health and Ors v Servier Laboratories and Ors. The proposed panel for hand down is Lord Reed, Lord Lloyd-Jones, Lord Briggs, Lord Sales, and Lord Hamblen. The appeal considered to what extent, if at all, factual findings made by the General Court of the European Union in the course of its judgment in Case T-691/14 Servier SAS v EU Commission annulling a competition infringement decision of the European Commission are binding as res judicata on English courts.
The second is Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd. The proposed panel for hand down is Lord Kerr, Lord Lloyd-Jones, Lord Kitchin, Lord Hamblen, and Lord Burrows. The appeal considered the correct approach to the ‘public interest’ requirement on an application for the modification or discharge of restrictive covenants under section 84 of the Law of Property Act 1925.
The hand-downs will be streamed on Supreme Court Live and will then be made available on the Supreme Court’s video on demand service.
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
Mastercard Incorporated & Ors v Walter Hugh Merricks CBE, heard 13 and 14 May 2019
Test Claimants in the Franked Investment Income Group Litigation & Ors v Commissioners of Inland Revenue, heard 27 June 2019
In the matter of an application by Anthony McIntyre for Judicial Review (Northern Ireland), heard 24 October 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 Hilton (Northern Ireland), heard 2 December 2019
MacDonald & Anor v Cambroe Estates Ltd (Scotland), heard 4 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
R V C, heard 27 January 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 18- 20 February 2020
Okpabi & Ors v Royal Dutch Shell Plc & Anor, heard 23 June 2020
Asda Stores Ltd v Brierly & Ors, heard 13-14 June 2020
R (Gourlay) v Parole Board, heard 16 July 2020
Uber BV & Ors v Aslam & Ors, heard 21-22 July 2020
Takhar v Gracefield Developments Ltd & Ors, heard 23 July 2020
Allykhan v Abdool (Mauritius), heard 23 July 2020
Evergreen Marine (UK) Ltd v Nautical Challenge Ltd, heard 5-6 October 2020
R (on the application of Friends of the Earth Ltd and others) v Heathrow Airport Ltd, heard 7-8 October 2020
R (on the application of KBR, Inc) v Director of the Serious Fraud Office, heard 13 October 2020
Manchester Building Society (Appellant) v Grant Thornton UK LLP (Respondent), heard 13-14 October 2020
SC, CB and 8 children (Appellants) v Secretary of State for Work and Pensions and others (Respondents), heard 20-22 October 2020
Pakistan International Airline Corporation v Times Travel (UK) Ltd, heard 2-3 November 2020
Khan v Meadows, heard 5 November.