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David T Morrison and Co Limited t/a Gael Home Interiors v ICL Plastics Limited & Ors is listed for two days from this morning. An explosion in the appellant’s plastics factory caused extensive damage to the respondent’s nearby property. In a health and safety prosecution the first and second appellants pled guilty to charges under the Health and Safety at Work etc Act 1974, then the respondent filed a damages claim more than five years after the explosion. The Supreme Court will clarify the application of the statutory test in the Prescription and Limitation (Scotland) Act 1973, s 11(3), and whether an action is available immediately (based on res ipsa loquitur) or only once a claimant has undertaken investigations into the cause of the loss, and the outcome of these investigations demonstrates that the cause is negligence.
On Wednesday 9 April 2014 the Supreme Court will hand down judgment in British Telecommunication Plc v Telefonica 02 UK Limited and Ors; and Deutsche Bahn AG & Ors v Morgan Crucible Company plc.
There are no hearings in the Privy Council. Assuming no expedited cases are listed next week, there are no further sittings before the end of term on Wednesday 16 April 2014.
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.
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 (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.
A v Secretary of State for the Home Department (Scotland), heard 22 – 23 January 2014.
Dunhill (a protected party by her litigation friend Tasker) v Burgin (Nos. 1 & 2), heard 3 – 5 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.
Barnes (as former Court Appointed Receiver) v The Eastenders Group & Anor, heard 24 – 25 February 2014.
Scott v Southern Pacific Mortgages Ltd & Anor, heard 3 – 5 March 2014.
R (George) v Secretary of State for the Home Department, heard 4 March 2014.
Secretary of State for Home Department v MN & KY, heard 5 March 2014.
R (Nunn) v Chief Constable of Suffolk Constabulary & Anor, heard 13 March 2014.
L Batley Pet Products Limited v North Lanarkshire Council, heard 17 March 2014.
Robertson v Swift, heard 19 March 2014.
Clyde & Co LLP & Anor v Winklehof, heard 24 – 25 March 2014.
R (Whiston) v Secretary of State for Justice, heard 26 March 2014.
Hounga v Allen & Ors, heard 31 March – 1 April 2014.
R (Barkas) v North Yorkshire County Council & Anor, heard 2 April 2014.