In the Supreme Court w/c 9 December 2019
09 Monday Dec 2019
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Hearings in the Supreme Court are now shown live on the Court’s website.
From Monday 9 December 2019 until Thursday 12 December 2019, the Court will hear the appeal of The Law Debenture Trust Corporation plc v Ukraine (Represented by the Minister of Finance of Ukraine acting upon the instructions of the Cabinet of Ministers of Ukraine) No. 2 and 3. In the Appeal by the Law Debenture Trust Corporation plc, the Court will consider whether there is any ‘domestic foothold’ for the allegations of duress made by Ukraine or whether the foreign act of state doctrine is relevant to or engaged by the allegations such that they are non-justiciable before the English Court; and whether the claim ought to be stayed. In Ukraine’s Appeal, the Court will consider, inter alia, whether Ukraine’s defence of lack of contractual capacity has a real prospect of success.
On Monday 9 December and Tuesday 10 December 2019, the Court will also hear the appeal of Villiers v Villiers. This appeal considers whether the Courts of England and Wales have the power to stay an application for maintenance pursuant to the Matrimonial Causes Act 1973, section 27 on grounds of forum non conveniens when divorce proceedings are taking place in Scotland. The Court will consider whether divorce proceedings and maintenance proceedings are ‘related actions’ for the purposes of the Maintenance Regulation 2011, Article 13. The Court will also consider whether the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011, Schedule 6 is ultra vires the European Communities Act 1972, section 2(2).
On Wednesday 11 December 2019, the Court will hand down judgment in R (on the application of Lancashire County Council) v Secretary of State for the Environment, Food and Rural Affairs and R (on the application of NHS Property Services Ltd) v Surrey County Council & Anor. Together these appeals consider, inter alia, whether the concept of ‘statutory incompatibility’ applies to prevent land from being registered as a village green where it is held for general statutory purposes.
On Thursday 12 December 2019, the Supreme Court will hear the appeal of R (on the application of Pathan) v Secretary of State for the Home Department. This appeal will consider whether notice to an applicant of revocation of a sponsor’s licence in respect of his or her Tier 2 (General) Migrant application is required as a matter of procedural fairness.
A full list of the cases scheduled for the Michaelmas 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.
Vedanta Resources Plc & Anor v Lungowe & Ors, heard 15-16 Jan 2019.
Patel v Secretary of State for the Home Department; Secretary of State for the Home Department v Shah, heard 7 May 2019.
Sevilleja v Marex Financial Ltd, heard 8 May 2019.
Micula & Ors v Romania, heard 18-20 Jun 2019.
Test Claimants in the Franked Investment Income Group Litigation & Ors v Commissioners of Inland Revenue, heard 27 Jun 2019.
R (DN (Rwanda)) v Secretary of State for the Home Department, heard 7- 8 October 2019.
Duval v 11-13 Randolph Crescent ltd, heard 10 October 2019.
FMX Foods Merchants Import Export Co Ltd v Commissioners for Her Majesty’s Revenue & Customs, heard 14 October.
In the matter of an application by Deborah McGuinness for Judicial Review (Northern Ireland) No 1 and 2, heard 15 October 2019.
Unwired Planet International Ltd & Anor v Huawei Technologies (UK) Co Ltd & Anor, Huawei Technologies Co Ltd & Anor v Conversant Wireless Licensing SARL and ZTE Corporation & Anor v Conversant Wireless Licensing SARL, heard 21- 24 October.
In the matter of an application by Anthony McIntyre for Judicial Review (Northern Ireland), heard 24 October 2019.
Commissioners for Her Majesty’s Revenue & Customs v Parry & Ors. heard 31 October 2019.
Aspen Underwriting Ltd & Ors v Credit Europe Bank NV, heard 4-5 November 2019.
WM Morrisons Supermarkets plc v Various Claimants, heard 6-7 November 2019.
Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd, heard 12-13 November 2019.
R (on the application of Jalloh (Liberia)) v Secretary of State for the Home Department, heard 12 November 2019.
ABC (AP) v Principal Reporter & Anor (Scotland), heard 13- 14 November 2019.
In the matter of XY (AP) (Scotland), heard 13- 14 November 2019.
R v Adams (Northern Ireland), heard 19 November 2019.
R (on the application of Palestine Solidarity Campaign Ltd & Anor) v Secretary of State for Communities and Local Government, heard 20 November 2019.
MS (Pakistan) v Secretary of State for the Home Department, heard 21 November 2019.
A 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, heard 2 December 2019.
Barclays Bank plc v Various Claimants, heard 28 November 2019.
R v Hilton (Northern Ireland), heard 2 December 2019.
R (on the application of Samuel Smith Old Brewery (Tadcaster & Ors) v North Yorkshire County Council, heard 3 December 2019
MacDonald & Anor v Cambroe Estates Ltd (Scotland), heard 4 December 2019
AM (Zimbabwe) v Secretary of State for the Home Department, heard 4-5 December 2019.