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

On Tuesday 4th October, the Court heard the case of R (on the application of VIP Communications Ltd (In Liquidation)) v Secretary of State for the Home Department. This is on appeal from [2020] EWCA Civ 1564, and considers whether the Secretary of State can direct the Office of Communications not to introduce regulations exempting certain wireless telegraphy equipment from a licensing requirement on national security grounds. You can watch the hearing here: Morning session, Afternoon session.

On Wednesday 5th October, the Court handed down judgment in BTI 2014 LLC v Sequana SA and others [2022] UKSC 25. In this significant case for company law, the Supreme Court considered the existence, content and engagement of the so-called ‘creditor duty’ for the first time. It was held that the duty did exist, and was established through case law dating back to the 1980’s. The Court considered the content of that duty and when it would be engaged. It was held that the duty was not engaged in this case, as at the time of the key facts of the case, the company in question was not insolvent, and nor was insolvency even probable. The duty is engaged only when the directors know, or ought to know, that the company is insolvent or bordering on insolvency, or that an insolvent liquidation or administration is probable.

See the New Judgments section for further details.

The following Supreme Court judgments remain outstanding: (As of 05/10/22)

  • 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
  • Guest and another v Guest heard 3rd December 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 NCL Investments Ltd and another, heard 25th January 2022
  • DCM (Optical Holdings) Ltd v Commissioners for Her Majesty’s Revenue and Customs (Scotland), heard 8th February 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
  • Hillside Parks Ltd v Snowdonia National Park Authority, heard 4th July 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.