In the Supreme Court w/c 11 February 2019
11 Monday Feb 2019
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Hearings in the Supreme Court are now shown live on the Court’s website.
On Tuesday 12 February, the Supreme Court will hear the appeal Commissioners for HMRC v Joint Administrators of Lehman Brothers International (Europe) (In Administration). This appeal will consider whether statutory interest constitutes ‘yearly interest’ for the purposes of the Income Tax Act 2007, s 874(1). This will be heard in Courtroom 2.
On Tuesday 12 February, the Judicial Committee of the Privy Council will hear the appeal of Byron v Eastern Caribbean Amalgamated Bank (Antigua & Barbuda). This appeal will consider whether the Court of Appeal was correct to imply a term into a Purchase and Assumption Agreement between the appellant and the respondent’s former employer so that the appellant was jointly and severally liable for the appellant’s redundancy severance pay. This will be heard in Courtroom 3.
On Wednesday 13 February, the Supreme Court will hand down judgment in Wells v Devani. The proposed panel for hand down is Lady Hale, Lord Briggs and Lord Kitchin. This appeal considered whether, where a commission agent and his principal have not expressly, in their oral discussions, identified and agreed the precise event upon which commission is payable, but have expressly agreed in those oral discussions that a commission would be payable at an agreed percentage, their bargain is incomplete. It also considered whether the court can (whether by taking into account the relevant surrounding factual matrix, or what the parties said, or the parties’ conduct) imply a term identifying the commission entitling event which gives business efficacy to the parties’ presumed common intention.
On Wednesday 13 February, the Supreme Court will hand down judgment in Perry v Raleys Solicitors. The proposed panel for hand down is Lady Hale, Lord Briggs and Lord Kitchin. This appeal considered where a solicitor negligently fails to advise a client of a potential claim against a third party, and where that client then brings a claim against the solicitor, seeking damages for the lost opportunity to pursue the former claim: must the client prove, on the balance of probabilities, that the former claim would have been an honest claim. It also considered in which circumstances an appellate court should interfere with a trial judge’s findings of fact.
On Wednesday 13 and Thursday 14 February, the Supreme Court will hear the appeal Frederick & Ors v Positive Solutions (Financial Services) Ltd. This appeal will consider whether the respondent is vicariously liable for the fraudulent and dishonest actions of its agent. This will be heard in Courtroom 1.
On Friday 5 April, Lady Hale will give the keynote address at the Legal Action Group event, Legal Aid at 70.
A full list of the cases scheduled for the Hilary term can be found here.
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.
In the matter of an application by Geraldine Finucane for Judicial Review (NI), heard 26-27 Jun 2018.
OWD Ltd, trading as Birmingham Cash & Carry, & Anor v Commissioners for HMRC, heard 12 Jul 2018.
Poole Borough Council v GN (through his litigation friend, ‘The Official Solicitor’) & Anor, heard 16-17 Jul 2018.
R (DA & Ors) v Secretary of State for Work and Pensions, heard 17-19 Jul 2018.
In the matter of D (a child), heard 3-4 Oct 2018.
Takhar v Gracefield Developments Ltd & Ors, heard 10 Oct 2018.
Wells v Devani, heard 11 Oct 2018.
In the matter of an application by Hugh Jordan for Judicial Review, heard 23 Oct 2018.
SAE Education Ltd v The Commissioners of HMRC, heard 30 Oct 2018.
Lachaux v Independent Print Ltd & Anor, hears 13-14 Nov 2018.
Robinson v Secretary of State for the Home Department, heard 15 Nov 2018.
Actavis Group PTC EHF & Ors v ICOS Corporation & Anor, heard 19-20 Nov 2018.
Perry v Raleys Solicitors, heard 27 Nov 2018.
Cameron v Liverpool Victoria Insurance Co Ltd, heard 28 Nov 2018.
R (Privacy International) v Investigatory Powers Tribunal & Ors, heard 3-4 Dec 2018.
Hancock & Anor v Commissioners for HMRC, heard 7 Dec 2018.
Konecny v District Court Czech Republic, heard 7 Dec 2018.
KV (Sri Lanka) v Secretary of State for the Home Department, heard 10-11 Dec 2018.
R (Derry) v Commissioners for HMRC, heard 12 Dec 2018.
R & S Pilling t/as Phoenix Engineering v UK Insurance Ltd, heard 13 Dec 2018.
Vedanta Resources Plc & Anor v Lungowe & Ors, heard 15-16 Jan 2019.
Tillman v Egon Zehnder Ltd, heard 21-22 Jan 2019.
Stocker v Stocker, heard 24 Jan 2019.
R (Newby Foods Ltd) v Food Standards Agency, heard 30 Jan 2019.
Samuels v Birmingham City Council, heard 31 Jan 2019.
Shanks v Unilever Plc & Ors, heard 6-7 Feb 2019.
Secretary of State for the Home Department v Franco Vomero (Italy), heard 7 Feb 2019.