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Hearings in the Supreme Court are now shown live on the Court’s website.

On Tuesday 1st November the Court will hear the case of Brake and another v Chedington Court Estate Ltd on appeal from [2020] EWCA Civ 1491. The hearing will be at 10:30 in Courtroom One, and will consider whether a bankrupt has standing under section 303(1) of the Insolvency Act 1986 to challenge transactions entered by their trustee in bankruptcy in situations where the relief sought would have no impact on their position within the bankruptcy.

On Wednesday 2nd November, the Supreme Court will hand-down two judgments:

i) The Soldiers, Sailors, Airmen and Families Association – Forces Help and another v Allgemeines Krankenhaus Viersen GmbH – on appeal from [2020] EWCA Civ 926

The appeal concerns the interpretation of the Civil Liability (Contribution) Act 1978 (the 1978 Act). The single issue is whether the 1978 Act has extra-territorial effect. If it does then a contribution claim can be brought under the 1978 Act even though the contribution claim is governed by a foreign law rather than English law. Allgemeines Krankenhaus Viersen GmbH (AKV) argues that it does not have extra-territorial effect.

ii) Hillside Parks Ltd v Snowdonia National Park Authority– on appeal from [2020] EWCA Civ 1440

The Judgment will consider where there are successive planning permissions relating to the same site, and the later permissions are for changes to one part of a wider development approved in the original planning permission, is the effect of implementing the later permission(s) that the original permission is completely unimplementable? Or can the original permission still be implemented in relation to areas unaffected by the later permission(s)?

On Thursday 3rd November the Court will hear Barton and others v Morris and another in place of Gwyn–Jones, on appeal from [2019] EWCA Civ 1999. The hearing will be at 10:30 in Courtroom Two, and will consider where a contract provides for an introduction fee to be payable upon a property being sold for a certain amount, and the property is sold for less than that conditional amount, is a restitutionary claim by the introducer for a reasonable remuneration excluded by virtue of the contract?

 

The following Supreme Court judgments remain outstanding: (As of 02/11/22)

  • 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
  • Stanford International Bank Ltd (in liquidation) v HSBC Bank PLC, heard 19th January 2022
  • Commissioners for Her Majesty’s Revenue and Customs v NHS Lothian Health Board, heard 8th June 2022
  • Canada Square Operations Ltd v Potter, heard 14th June 2022
  • R v Andrewes, heard 21st June 2022
  • DB Symmetry Ltd and another v Swindon Borough Council, heard 12th July 2022.
  • Reference by the Attorney General for Northern Ireland – Abortion Services (Safe Access Zones) (Northern Ireland) Bill, heard 19th July 2022
  • R (on the application of VIP Communications Ltd (In Liquidation)) v Secretary of State for the Home Department, heard 4th October 2022
  • of DCM (Optical Holdings) v Commissioners for His Majesty’s Revenue and Customs, heard 12th October 2022
  • McCue v Glasgow City Council, heard 18th October 2022
  • Unger and another (in substitution for Hasan) v Ul-Hasan (deceased) and another, heard 20th October 2022
  • In the matter of an application by Rosaleen Dalton for Judicial Review (Northern Ireland), heard 26th October 2022.
  • Brake and another v Chedington Court Estate Ltd, heard 1st November 2022
  • Barton and others v Morris and another in place of Gwyn–Jones, heard 3rd November 2022.