In the Supreme Court w/c 4 February 2019
04 Monday Feb 2019
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Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 4 February, the Judicial Committee of the Privy Council will hear the appeal of AWH Fund Ltd (In Compulsory Liquidation) v ZCM Asset Holding Company (Bermuda) Ltd (Bahamas). This appeal will consider whether, in the winding up of an International Business Company, the Court has jurisdiction to order service out of the jurisdiction of in interlocutory Summons seeking a declaration that a redemption payment for redeemable shares was an undue and/or fraudulent preference. This will be heard in Courtroom 3.
On Wednesday 6 and Thursday 7 February, the Supreme Court will hear the appeal Shanks v Unilever Plc & Ors. This appeal will consider what amounts to an ‘outstanding benefit’ for the purposes of determining whether an employee who has made an invention belonging to an employer for which a patent has been granted is entitled to compensation pursuant to the Patents Act 1977, s 40(1). This will be heard in Courtroom 2.
On Thursday 7 February, the Supreme Court will hear a further hearing in the appeal of Secretary of State for the Home Department v Franco Vomero (Italy). The appeal will consider whether, on remittal to the Upper Tribunal, the Respondent should be permitted to argue that he had acquired a right of permanent residence by the time of the decision to deport him. This will be heard in Courtroom 2.
On Thursday 7 February, the Judicial Committee of the Privy Council will hear the appeal of Philomen Dean v Chake Bhim (Trinidad & Tobago). This appeal will consider whether Hosein J erred in his consideration of the evidence such that his findings should be set aside; whether the Court of Appeal erred in its approach and in its failure to allow the appellant’s appeal; and whether, even if the Court of Appeal did err in its approach, these criticisms are errors of law sufficient to justify or require the JCPC to overturn the judgment of the Court of Appeal. 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.
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.
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.