This Week in the Supreme Court – w/c 13th February 2023
13 Monday Feb 2023
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Hearings in the Supreme Court are now shown live on the Court’s website.
This week, the Supreme Court is hearing two cases.
On Monday 13th and Tuesday 14th February 2023, the Court will hear the case of Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB, on appeal from [2021] EWCA 356. The Court of Appeal found that the Trustees were vicariously liable for a rape committed by one of their elders, and the Trustees are appealing against this decision. The hearing will take place in Courtroom One, with the Tuesday sitting being a half day.
On Thursday 16th February 2023, the Court will hear R (PACCAR Inc and others) v Competition Appeal Tribunal and others. This case considers litigation funding agreements known as ‘damages-based agreements’, whereby the funder is entitled to recover a percentage of any damages recovered in a claim, and whether they fall within the meaning of the legislation which regulations such agreements. The judgment being appealed can be found at [2021] EWCA Civ 299.
Further details of the hearings can be found on the Supreme Court’s listings page.
The following Supreme Court judgments remain outstanding: (As of 16/2/23)
- 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) Nos. 2 and 3, heard 9-12 December 2019
- East of England Ambulance Service NHS Trust v Flowers and Ors, heard 22 June 2021
- Fearn and others v Board of Trustees of the Tate Gallery, heard 7th December 2021
- Canada Square Operations Ltd v Potter, heard 14th June 2022
- R (on the application of VIP Communications Ltd (In Liquidation)) v Secretary of State for the Home Department, heard 4th October 2022
- Unger and another (in substitution for Hasan) v Ul-Hasan (deceased) and another, heard 20th October 2022
- Chief Constable of the Police Service of Northern Ireland and another v Agnew and others (Northern Ireland), heard 14th-15th December 2022
- Smith and another v Royal Bank of Scotland, heard 12th January 2023
- Moulsdale t/a Moulsdale Properties v Commissioners for His Majesty’s Revenue and Customs (Scotland), heard 17th January 2023
- Republic of Mozambique (acting through its Attorney General) v Privinvest Shipbuilding SAL (Holding) and others, heard 24-25th January 2023
- Rakusen v Jepson and others, heard 26th January 2023
- Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB, heard 13th February 2023
- R (PACCAR Inc and others) v Competition Appeal Tribunal and others, heard 16th February 2023.