Next week is the last of the Supreme Court’s first term.  It will hear its fourteenth and fifteenth appeals.  A bench consisting of Lords Hope, Rodger, Walker, Brown and Kerr will hear its first two Scots civil appeals, Grays Timber Products v Revenue and Customs (previewed here) and Robertson v Muir (previewed here). Aidan O’Neill QC has explained the remarkable rules governing Scots civil appeals here.  

The much anticipated judgment of the nine judge court in R (E) v Governing Body of JFS will be given on 16 December 2009 (although no “hand down date” has been entered on the case details).  Judgment has been expected since Lord Hope told the Solicitors’ Journal that the judgment would be delivered before Christmas. Our case preview is here and we have also posted on this case here, here and here  The “hand down bench” will be Lords Phillips, Hope, Rodger and Walker and Lady Hale.  This will be the Court’s fourteenth substantive judgment of the term.  It is not clear whether there will be any further hand downs this year.

The Judicial Committee of the Privy Council (“JCPC”) will hear one case, the Antigua and Barbuda appeal of Philmore Jarvis v Shoppers Pharmacy. The JCPC website has case details for this case here.  The case will be heard by Lady Hale, Lord Collins and Sir Jonathan Parker.  This case where the employee claimed damages for dismissal from employment as a pharmacist. The Appellant was awarded compensation by the Industrial Court. The Respondent appealed and the Appeal Court found that the Appellant’s contract of employment was void for uncertainty. The issues in this appeal are whether the finding that the contract of employment was void for uncertainty was open to the Court of Appeal and whether the Appellant was unfairly dismissed.

Lady Hale, Lord Collins and Sir Jonathan Parker will also form the “hand down bench” for four judgments to be given by the JCPC on 14 December 2009. These judgments will be in the following cases:  Lowell Lawrence v Financial Services Commission (Jamaica)(heard 6 October 2009); Nadine Rodriquez v The Minister of Housing (Gibraltar)(heard 21 October 2009) The Attorney General of Trinidad and Tobago v Carmel Smith (Trinidad and Tobago)(heard 13 October 2009) and Herman Ramdass v Marilyn Bahaw-Nanan (Trinidad and Tobago)(heard 19 October 2009).

 Judgments awaited

It appears that judgments are now awaited in 16 cases as follows (all of which were heard this term): 

Supreme Court

A v Her Majesty’s Treasury, heard 5-8 October 2009

A v Her Majesty’s Treasury (anonymity), heard 22 October 2009

Agbaje v Akinnoye-Agbaje, heard 3-4 November 2009

AM (Somalia) v Entry Clearance Officer, heard 9-12 November 2009

Office of Communications v Information Commissioner, heard 17 November 2009

Tomlinson v Birmingham City Council, heard 23 and 24 November 2009

Re S-B (Children) heard 25-26 November 2009

Norris v Government of United States, heard 30 November to 1 December 2009


RTS Flexible Systems v Molkerei Alois Muller heard 2-3 December 2009




Allison, McInner, Martin, Miller v Her Majesty’s Advocate, heard 8-10 December 2009.

Judicial Committee of the Privy Council:

Cyril Archibold Capron v Government of Turks and Caicos (Turks and Caicos), heard 5 October 2009

Josine Johnson and Yuckan Balwant v A-G of Trinidad and Tobago (Trinidad and Tobago), heard 20 October 2009

Theresa Henry v Calixtus Henry (St Lucia) heard 4 November 2009

McNicholls v Judicial and Legal Service Commission (Trinidad and Tobago), heard 9 November 2009

Mossel Jamaica v Office of Utilities Regulation (Jamaica), heard 17 and 19 November 2009


O’Connor v Piccott (Jamaica), heard 30 November and 1 December 2009



We understand that two cases we have previously listed were not, in fact, heard by the JCPC on the dates on which the they were listed during 2009 and so are not awaiting judgment: Mega Management Limited v Southward Ventures Depositary Trust  (The Bahamas) and The Trinidad and Tobago Civil Rights Association v The Attorney General of Trinidad and Tobago  (Trindidad & Tobago)