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Hearings in the Supreme Court are now shown live on the Court’s website.
On Monday 13th March and Tuesday 14th March the Court will hear the case of R (on the application of Officer W80) v Director General of the Independent Office for Police Conduct and others, on appeal from [2020] EWCA Civ 1301. The case will consider whether, in the context of police misconduct proceedings, it is open to a reasonable disciplinary panel to make a finding of misconduct if an officer’s honest, but mistaken, belief that his life was threatened was found to be unreasonable. The hearing will begin at 11:00am in Courtroom 1.
On Wednesday 15th March the Court will hand-down judgment in 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) [2023] UKSC 11. The Law Debenture Trust Corporation plc is trustee of notes with a nominal value of USD 3bn carrying interest of 5 per cent per annum (the “Notes”). The Trustee has applied for summary judgment of its claim against Ukraine for non-payment of the sums due under the Notes. The Supreme Court is asked to decide whether Ukraine should be permitted to defend the claim at trial. The hand-down will take place at 9:45am in Courtroom 1. The Court will determine the following issues:
- Did Ukraine have the capacity to issue the Notes or to ensure into the ancillary contracts?
- Were the Notes issued or the ancillary contracts entered into without authority?
- Can Ukraine maintain that it was entitled to avoid the Notes for duress exerted by the Russian Federation?
- Can Ukraine maintain that non-payment of the sums due under the Notes is a lawful countermeasure?
The following Supreme Court judgments remain outstanding: (As of 17/03/23)
- East of England Ambulance Service NHS Trust v Flowers and Ors, heard 22 June 2021
- Canada Square Operations Ltd v Potter, heard 14th June 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
- 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.
- Lifestyle Equities C.V. and another v Ahmed and another, heard 20th February 2023
- Morgan and others v Ministry of Justice (Northern Ireland), heard 22nd February 2023
- JTI POLSKA Sp. Z o.o. and others v Jakubowski and others, heard 28th February 2023
- Thaler v Comptroller-General of Patents, Designs and Trade Marks, heard 2nd March 2023
- The Manchester Ship Canal Company Ltd v United Utilites Water Ltd No 2, heard 6th March 2023
- London Borough of Merton Council v Nuffield Health Ltd, heard 7th March 2023
- R (on the application of Palmer) v Northern Derbyshire Magistrates Court and another, heard 8th March 2023
- R (on the application of Toraane and another) v Secretary of State for the Home Department, heard 9th March 2023
- R (on the application of Officer W80) v Director General of the Independent Office for Police Conduct and others, heard 13th March 2023