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The long dormant ICLR List of Supreme Court Permission Decisions (which we have being linking to on the right hand side since the 1 October) had suddenly sprung into life this week and listed 22 permission decisions.  In 5 of these (23%) permission was given and in 17 (77%) permission was refused. The ICLR records all these decisions as having been given on the same day, 5 November 2009.  Although this seems implausible it is consistent with other information we have received about these permission decisions.  We understand that the ICLR has been promised a further batch of decision before the end of term.  We hope that they will soon be record on the Court’s own  website (which would, after all, only be a reversion to the previous position in relation to House of Lords permission decisions).

 The five cases in which permission was given were as follows:

In re S-B [2009] EWCA Civ 1048 –  case concerning “uncertain perpetrator” child abuse cases in which was heard by the Supreme Court on 25 and 26 November 2009 with judgment being reserved.  Our case preview for the hearing is here.

R (Sainsbury’s Supermarkets Ltd) v Wolverhampton City Council [2009] EWCA Civ 835 – a planning case concerning rival redevelopment proposals in Wolverhampton.  We noted the permission decision here.

Baker v Quantum Clothing Group [2009] EWCA Civ 499; – one of a series of claims brought by employees in the knitting industry who claimed that they suffered from noise-induced hearing loss.   The Court of Appeal held that at the relevant time the employers should have been able to make an informed assessment of the risk and should have provided ear protectors.

Radmacher v Granatino [2009] EWCA Civ 649 – this is an appeal by the husband against a judgment allowing the wife appeal against an award in ancillary relief proceedings where the couple, both born overseas, had signed a pre-nuptial agreement in Germany.  The case is noted here by Family Law Week.

Holland v Revenue and Customs Comrs [2009] EWCA Civ 625 – a misfeasance claim brought against Mr Holland under the Insolvency Act 1986, s 212.  The central issue in dispute is whether Mr Holland can be liable under s 212 as a de facto director.  The case is noted by us here.

Permission was refused in seven cases which have previously been mentioned on UKSC Blog.

R (Weaver) v London and Quadrant Housing Trust [2009] EWCA Civ 587 – case concerning the question as to whether RSLs are public authorities for the purposes of the HRA.  The refusal of permission was noted here and further discussed by us here and here.  We also noted Lord Neuberger’s discussion of the case in a recent speech on social housing law.

Owens v City of Westminster Magistrates’ Court [2009] EWHC 1343 (Admin) – an extradition case.  We noted the refusal of permission here

Central Bedfordshire Council v Housing Action Zone Ltd [2009] EWCA Civ 613 – a case dealing with possession proceedings and Article 8 which we discussed here.  This case was also discussed in Lord Neuberger’s speech on social housing law, noted here.

Generics (UK) Ltd v Daiichi Pharmaceutical Co Ltd [2009] EWCA Civ 646 – a patents case, the refusal of permission in which was noted here.

Atkinson v Supreme Court of the Republic of Cyprus [2009] EWHC 1579 (Admin) – an extradition case concerning two English tourists convicted in Cyprus.  The refusal of permission is noted here.

R (Langley Park School for Girls Governing Body) v Bromley London Borough Council [2009] EWCA Civ 734 – planning case involving a dispute over a school site in Bromley.  The refusal of permission was noted here.

Bookmakers’ Afternoon Greyhound Services Ltd v Amalgamated Racing Ltd [2009] EWCA Civ 750 – a competition law case.  The Court of Appeal had upheld Morgan J’s decision that the first defendant had not acquired its horse racing media rights in contravention of competition law.The refusal of permission was noted here.

Permission was also refused in another ten cases as follows:

In re Golden Key Ltd [2009] EWCA Civ 636 – a case concerning and SIV and the construction of a trust deed (mentioned in our case comment on the UKSC Re Sigma Finance decision.

R (Miller) v Independent Assessor [2009] EWCA Civ 609 – a case concerned hte assessment of compensation for loss of liberty following a miscarriage of justice.  The Court of Appeal remitted the case to the independent assessor for re-assessment where he had erred in law by failing to make proper use of the civil law awards for comparable torts and arrived at an award which was irrationally low.

AB v Nugent Care Society [2009] EWCA Civ 827 – a case concerning the extension of the limitation period in child abuse case following the decision of the House of Lords in A v Hoare.

In re McAfee [2008] NIQB 142 – a Northern Ireland case iinvolving an application for judicial review by a prisoner of a decision concerning release from custody.

Whirlpool Corp v Kenwood Ltd [2009] EWCA Civ 753 – an intellectual property case concerning a Community trade mark in respect of a food mixer.

Ancon Ltd v ACS Stainless Steel Fixings Ltd [2009] EWCA Civ 498 – a patent case concerning a chanel assembly for use in building construction.

Syska v Vivendi Universal SA  [2009] EWCA Civ 677 – an arbitration case relating  to an LCIA arbitration between Vivendi and its Polish telecoms partner Elektrim, concerning an investment in one of Poland’s largest mobile telephone operators. 

University of Plymouth v European Language Centre Ltd [2009] EWCA Civ 784 – a case concerning the formation of a contract and the intention to create legal relations.

Drummond v Revenue and Customs Comrs [2009] EWCA Civ 608; – a tax case concerning the computation of gain or loss on the surrender of second hand life policies

Dadourian Group International Ltd v Simms [2009] EWCA Civ 169: – a case concerning a freezing injunction, where the judge had been justified in refusing to discharge the injunctions and enforce cross-undertakings in damages.