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Starting on Tuesday 17 January 2012 in the Supreme Court is the three day hearing of the linked appeals of Homer v Chief Constable of West Yorkshire Police and Seldon v Clarkson Wright and Jakes (A Partnership). In Homer the appellant employee of the Police National Legal Database cannot be eligible for the highest salary tier following restructuring of pay grades as they now require the employee to hold a law degree. The Supreme Court is to determine the correct interpretation of “particular disadvantage” in regards to Regulation 3(1)(b)(i) of the Employment Equality (Age) Regulations 2006 in light of the respective difficulty the appellant would have obtaining a law degree at 61 compared with younger colleagues. In Seldon the issue is to define the correct approach to justification of prima facie direct age discrimination contrary to Regulation 3, where the appellant partner of the respondent solicitors firm was compulsorily retired following his 65th birthday in accordance with the terms of the partnership deed. These appeals from the Court of Appeal (Civ) will be heard by Lady Hale and Lords Hope, Brown, Mance and Kerr.

In the Privy Council on Tuesday 17 January 2012 is the appeal from the Court of Appeal of St Christopher and Nevis of E Anthony Ross v Bank of Commerce Trust and Savings Association Ltd. A bench of Lords Phillips, Walker, Clarke, Dyson and Wilson is to determine whether the appellant’s certificates of deposit are recoverable from the respondent bank, which is in liquidation. Case details are not available.

There are no judgments to be handed down this week.

The following Supreme Court judgments remain outstanding:

Flood v Times Newspapers, heard 17 – 18 Oct 2011.

JP Morgan Chase Bank N.A. & Anor v Berliner Verkehrsbetriebe (BVG) Anstalt des Oeffentlichen Rechts, heard 11 November 2010.

R v Waya, heard 5 May 2011.

Lehman Brothers International v CRC Credit Fund Ltd and GLC Investments PLC Sub Fund, heard 31 October – 3 November 2011.

Rabone & Anor v Pennine Care NHS Trust, heard 7 – 10 November 2011.

Ministry of Defence v AB & Ors, heard 14 – 17 November 2011.

BAI Ltd v Thomas Bates and Son Ltd, BAI Ltd v Durham, Municipal Mutual Insurance Ltd v Zurich Insurance, Municipal Mutual Insurance Ltd v Zurich Insurance Company and Adur District Council and Ors, Independent Insurance Company Ltd v Fleming and Anor, Municipal Mutual Insurance Company v Zurich Insurance Company and Ors, Excess Insurance Company Ltd v Edwards, Excess Insurance Company Ltd v Akzo Nobel UK Ltd and Excess Insurance Company Ltd v Amec plc, heard 5 – 14 December 2011.

Petroleo Brasileiro S.A. v E.N.E. Kos 1 Limited, heard 12 – 15 January 2012.