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)

Listed for two days from this morning in Courtroom 2 is the appeal of Barnes (as former Court Appointed Receiver) v The Eastenders Group & Anor, to be heard by L Hale, L Kerr, L Wilson, L Hughes and L Toulson. The assets of a number of people suspected of fraud were the subjects of without notice restraint orders made by the CPS, and the appellant was appointed as a management receiver pursuant to the Proceeds of Crime Act 2002, s 48(2). He was to take his remuneration and expenses from the receivership property. The receivership order was subsequently discharged on the basis that the respondent’s assets did not constitute ‘realisable property’, and as no provision is made for the receiver to be paid through any other means than from the property the appellant seeks recovery of his fees and expenses from the property that was formerly under his receivership. The Supreme Court will determine whether allowing a court appointed receiver to recover their fees from property under their receivership following an order under s 48(2) is a breach of the owner’s rights under ECHR, Protocol 1 art 1 where the order is subsequently quashed by the Court of Appeal.

On Wednesday 26 February 2014 the Supreme Court will hand down judgment in Coventry & Ors v Lawrence & Anor; and The Commissioners for HMRC v Forde and McHugh Ltd.

In the Privy Council this morning is the expedited matter from the British Virgin Islands of Cukurova Holdings A.S v Sonera Holding B.V, estimated to sit for 1.5 – 2 days. This dispute concerns a controlling stake in Turkey’s largest mobile phone operator, Turkcell, in terms of an arbitration agreement under Swiss law.

On Wednesday 26 February in Courtroom 2 is the appeal of Gayadeen & Anor v The Attorney General of Trinidad and Tobago, where the Judicial Committee will determine whether the appellants have acquired ownership of land built as a public highway by the US Army during the Second World War by adverse possession. In Courtroom 3 is Commissioner of Police & Anor v Steadroy C O Benjamin, a matter from Antigua and Barbuda relating to a politician making a false statement on a passport form.

The following Supreme Court judgments remain outstanding:

Re an application by Central Craigavon Ltd for Judicial Review, heard 15 May 2013.

R v Ahmad & Anor, heard 29 July 2013.

P (by his litigation friend the Official Solicitor) v Cheshire West and Chester Council, and P & Anor (by their litigation friend, the Official Solicitor) v Surrey County Council, heard 21 – 23 October 2013.

Kennedy v The Charity Commission, heard 29 – 31 October 2013.

Stott v Thomas Cook Tour Operators Ltd, heard 20 November 2013.

R (Eastenders Cash and Carry plc & Ors) v Commissioners for Her Majesty’s Revenue and Customs, heard 27 – 28 November 2013..

 R (British Sky Broadcasting Ltd) v Commissioner of Police of the Metropolis, heard 3 December 2013.

R v O’Brien, heard 5 December 2013.

R (T & Anor) v SSHD & Anor, heard 9 – 10 December 2013.

R (AM) v The Director of Public Prosecutions; R (AM) v Director of Public Prosecution; and R (Nicklinson & Anor) v Ministry of Justice, heard 16 – 19 December 2013.

Holt v Her Majesty’s Attorney General on behalf of the Queen, heard 15 – 16 January 2014.

Cox v Ergo Versicherung AG (formerly known as Victoria), heard 20 – 21 January 2014.

A v Secretary of State for the Home Department (Scotland), heard 22 – 23 January 2014.

Durkin v DSG Retail Ltd & Anor, heard 28 January 2014.

The Commissioners for Her Majesty’s Revenue and Customs v Secret Hotels2 Ltd (formerly Med Hotels Ltd), heard 29 – 30 January 2014.

Dunhill (a protected party by her litigation friend Tasker) v Burgin (Nos. 1 & 2), heard 3 – 5 February 2014.

British Telecommunication Plc v Telefonica 02 UK Limited and Ors, heard 3 – 4 February 2014.

R v Ahmad & Anor and R v Fields & Ors, heard 10 – 11 February 2014.

McDonald (Deceased) v National Grid Electricity Transmission Plc, heard 12 – 13 February 2014.

Agricultural Sector (Wales) Bill – Reference by the Attorney General for England and Wales, heard 17 – 18 February 2014.

Khaira & Ors v Shergill & Ors, heard 19 – 20 February 2014.