In the Supreme Court w/c 14 January 2019
14 Monday Jan 2019
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Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 14 January, the Supreme Court will hand down the judgment in Reference by the Attorney General for Northern Ireland of devolution issues to the Supreme Court pursuant to Paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 (No 2). The proposed panel for hand down is Lady Hale, Lord Reed and Lord Kerr. This appeal considered whether inter alia the Northern Ireland Act 1998, s 28A requires a Northern Ireland Department in the absence of a Minister to act in accordance with the Northern Ireland Ministerial Code, and s 28A(10) deprives a Northern Ireland Department of its authority to take decisions under any statute empowering or requiring it to take decisions.
On Tuesday 15 and Wednesday 16 January, the Supreme Court will hear the appeal of Vedanta Resources PLC & Anor v Lungowe & Ors. This appeal will consider the proper approach to the ‘real issue’/’proper party’ test under Practice Direction 6B, para 3.1, where a claimant seeks to sue a foreign subsidiary and a UK-domiciled parent company. It will also consider the proper application of EU law principles and cases to claims brought against an English domiciled parent company where the non-EU claimant sues both an EU-domiciled parent company and its non-EU subsidiary company; and whether to refer this question to the CJEU. This will be heard in Courtroom 1.
On Tuesday 15 January, the Judicial Committee of the Privy Council will hear the appeal of Director of Public Prosecutions v Jugnauth & Anor (Mauritius). This appeal will consider what the correct interpretation is of the Prevention of Corruption Act 2002, s 13(2) and (3), which creates an offence where a public official takes part in the proceedings of a public body relating to a decision in which they or their relative has a personal interest. This will be heard in Courtroom 3.
On Wednesday 16 and Thursday 17 and January, the Judicial Committee of the Privy Council will hear the appeal of East Asia Company Ltd v PT Satria Tiratama Energindo (Bermuda). This appeal will consider whether an agreement for the transfer of shares was validly entered into and, if so, whether the transaction was nevertheless avoided. This will be heard in Courtroom 3.
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.
R (Hallam) v Secretary of State for Justice; R (Nealon) v Secretary of State for Justice, heard 8-9 May 2018.
In the matter of an application by Lorraine Gallagher for Judicial Review (Northern Ireland) and other cases, heard 19-21 Jun 2018.
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.