This Week in the Supreme Court – week commencing 23rd January 2023
23 Monday Jan 2023
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Hearings in the Supreme Court are now shown live on the Court’s website.
On Tuesday 24th and Wednesday 25th January 2023, the court will hear the case of Republic of Mozambique (acting through its Attorney General) v Privinvest Shipbuilding SAL (Holding) and others. The issue in this case is whether the Court of Appeal erred in its approach to section 9 of the Arbitration Act 1996 in finding that one of Mozambique’s claims were ‘matters’ outside the scope of the relevant arbitration agreements, when giving judgment at [2021] EWCA 329.
Also on Wednesday, the Court will hand down judgment in Barton and others v Morris and another in place of Gwyn–Jones (deceased), first heard on the 2nd November 2022. The Court will decide whether sellers have an obligation to pay reasonable renumeration to an introducer in circumstances where an oral contract provides for an introduction fee payable upon the sale of a property for an amount that was less than the specified conditional amount. Hand-down is at 09:45.
On Thursday 26th January, the court will hear Rakusen v Jepson and others, on appeal from [2021] EWCA Civ 1150. The court will consider the question: can a Rent Repayment Order only be made against an immediate landlord or can a superior landlord also be liable?
The following Supreme Court judgments remain outstanding: (As of 26/1/23)
- 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.