In the Supreme Court w/c 25 February 2019
25 Monday Feb 2019
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Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 25 and Tuesday 26 February, the Judicial Committee of the Privy Council will hear the appeal of UBS AG New York & Ors v Fairfield Sentry Ltd (In Liquidation) (British Virgin Islands). This appeal will consider whether the judge was wrong not to grant an anti-suit injunction against proceedings brought by the respondents in the US purportedly under the BVI Insolvency Act, s 249. This will be heard in Courtroom 3.
On Wednesday 27 February, the Judicial Committee of the Privy Council will hear the appeal of Gunesh v The National Transport Corporation & Anor (Mauritius). This appeal will consider whether the appellant’s further material should be admitted as fresh evidence; who has the burden of proof in an unfair dismissal claim; whether the courts can consider evidence that was not before the Disciplinary Committee; and whether the lower courts erred by substituting its own decision for that of the Disciplinary Committee, refusing to consider agreed transcripts from the misconduct hearing, or by failing to address the evidence properly. This will be heard in Courtroom 3.
On Wednesday 27 February, the Supreme Court will hand down judgment in In the matter of an application by Geraldine Finucane for Judicial Review (Northern Ireland). The proposed panel for hand down is Lord Kerr, Lord Lloyd-Jones and Lady Black. This appeal considered whether the respondent’s decision to appoint Sir Desmond de Silva to conduct a review into the murder of Patrick Finucane rather than to hold a public inquiry into the murder of the appellant’s husband was taken in accordance with the stated decision making process or whether it was a sham process and/or whether the outcome was pre-determined. It also considered whether the appellant had a substantive legitimate expectation that a public inquiry would be established and whether any expectation was frustrated by the respondent and, if so, whether the frustration was justified. It finally considered whether the failure to establish a public inquiry into the murder of the appellant’s husband is compatible with ECHR, art 2.
On Wednesday 27 February, the Supreme Court will hand down judgment in Konecny v District Court Czech Republic. The proposed panel for hand down is Lord Kerr, Lord Lloyd-Jones and Lady Black. This appeal considered whether, where an individual has been convicted, but that conviction is not final because he has an unequivocal right to a retrial after surrender, he is ‘accused’ pursuant to the Extradition Act 2003, s 14(a) or ‘unlawfully at large’ pursuant to s 14(b) for the purposes of considering the ‘passage of time’ bar to surrender.
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.
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.
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.
Commissioners for HMRC v Joint Administrators of Lehman Brothers International (Europe) (In Administration), heard 12 Feb 2019.
Cape Intermediate Ltd v Dring (for and on behalf of Asbestos Victims Support Groups Forum UK), heard 18-19 Feb 2019.
Telereal Trillium v Hewitt (Valuation Officer), heard 21 Feb 2019.