UK Supreme Court Blog

EDITORS: Dan Tench, Emma Cross, Zainab Hodgson, Francesca Knight, James Warshaw and Natalie Haefner (CMS)
Hugh Tomlinson KC, Matthew Ryder KC, Dévante Gravesande-Smith and Rebecca Khan (Matrix)

It’s the last week of the Easter Term. Sitting in the Supreme Court from Monday 28 May 2012 until Tuesday 29 May 2012 is the appeal of SerVaas Incorporated v Rafidian Bank & ors, heard by Lady Hale and Lords Phillips, Clarke, Sumption, and Reed. The Court of Appeal had upheld Arnold J’s decision at first instance to not grant a Third Party Debt order against the respondent Iraqi bank to the appellant, a judgment creditor of the Republic of Iraq, after the appellant sought enforcement of its judgment against property of Iraq in England. It is for the Supreme Court to determine the scope of the immunity available to a State pursuant to the State Immunity Act 1978 s13 in respect of judgment execution measures against its property and, in particular, the correct interpretation of s13(4) and application of the expression “for the time being in use or intended for use for commercial purposes”. Case details are available here.

On Wednesday 30 May 2012 the Supreme Court will hand down judgment in Assange v The Swedish Judicial Authority, and on Thursday 31 May 2012 R (KM) (by his mother and litigation friend JM) v Cambridgeshire County Council will also be handed down.

Starting today in the Privy Council is La Generale de Carrieres et des Mines v F.G. Hemisphere Associates LLC, on appeal from the Royal Court of Jersey with a two day estimate. In this matter the respondent creditor of the Democratic Republic of the Congo (DRC) is seeking to enforce arbitration awards against the assets of the appellant mining company owned by the DRC. It is for the Judicial Committee to determine the correct test for ascertaining whether the assets of a State-owned company are available by way of enforcement to satisfy the liabilities of the State; and whether the appellant satisfies that test on the facts of the case. Here are the case details.

On Monday 28 May 2012 the Judicial Committee will hand down judgment in the following: Dookee v The State of Mauritius & anor, Rooplall Beerjeraz & ors v Mrs Moonesh Amrita Dabee and Smegh (Ile Maurice) Ltée v Dharmendra Persad.

The following Supreme Court judgments remain outstanding:

Stanford International Bank Ltd (acting by its joint liquidators) v Director of the Serious Fraud Office, heard 23 – 25 January 2012.

R (HH) v Deputy Prosecutor of the Italian Republic, R (PH) v Deputy Prosecutor of the Italian Republic, Genoa, BH (AP) and another v The Lord Advocate and another (Scotland), KAS or H (AP) v The Lord Advocate and another (Scotland) and Genoa  Filipek-Kwasny v Polish Judicial Authority, heard 5 – 8 March 2012.

Perry & Ors v Serious Organised Crime Agency and Perry & Ors (No. 2) v Serious Organised Crime Agency, heard 20 – 23 March 2012.

R v Waya, heard 27 – 30 March 2012.

Fairclough Homes Ltd v Summers, heard 18 – 19 April 2012.

R (Alvi) v Secretary of State for the Home Department, heard 24 – 27 April 2012.

Secretary of State for the Home Department v Munir and anor, heard 24 – 27 April 2012.

Oracle America Inc (formerly Sun Microsystems Inc) v M-Tech Data Ltd, heard 30 April – 1 May 2012.

Phillips v Mulcaire, heard 8 May – 10 May 2012.

Al-Sirri v Secretary of State for the Home Department, heard 14 – 15 May 2012.

DD (Afghanistan) v Secretary of State for the Home Department, heard 16 – 17 May 2012.

Rubin & anor v Eurofinance SA & ors, heard 21 – 24 May 2012.

Gow v Grant, heard 23 May 2012.