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On Wednesday 7th December the Supreme Court will hand down judgment in REFERENCE by the Attorney General for Northern Ireland – Abortion Services (Safe Access Zones) (Northern Ireland) Bill [2022] UKSC 32. This will consider the issue ‘Is clause 5(2)(a) of the Abortion Services (Safe Access Zones) (Northern Ireland) Bill outside the legislative competence of the Northern Ireland Assembly because it disproportionately interferes with the rights of persons who wish to express their opposition to the provision of abortion treatment services in Northern Ireland?’.

Later on Wednesday 7th December the Court will hear the case of R (on the application of Day) v Shropshire Council, on appeal from [2020] EWCA Civ 1751. This appeal concerns the following two questions: (1) When a local authority sells land which is subject to a statutory trust for public recreational purposes without complying with the relevant statutory requirements, does that trust continue or end? In either case, what are the legal implications for the authority and the buyer? (2) Are the existence of any (former) statutory trust and public recreation rights material considerations that need to be taken into account in granting planning permission? This will take place at 10:30am in Courtroom Two.

On Thursday 8th December the Court will hear the case of Aviva Investors Ground Rent GP Ltd and another v Williams and others, on appeal from [2021] EWCA Civ 21. The court will consider the extent to which a provision providing that the landlord may reasonably determine the tenant’s share of service charges in a residential lease is invalidated or affected by section 27A (6) of the Landlord and Tenant Act 1985. This will take place at 10:30am in Courtroom Two.

 

The following Supreme Court judgments remain outstanding: (As of 9/12/22)

  • 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
  • Canada Square Operations Ltd v Potter, heard 14th June 2022
  • DB Symmetry Ltd and another v Swindon Borough Council, heard 12th July 2022.
  • R (on the application of VIP Communications Ltd (In Liquidation)) v Secretary of State for the Home Department, heard 4th 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.
  • Sara & Hossein Asset Holdings Ltd (a company incorporated in the British Virgin Islands) v Blacks Outdoor Retail Ltd, heard 8th November 2022
  • R (on the application of Pearce and another) v Parole Board of England and Wales, heard 9th November 2022
  • News Corp UK & Ireland Ltd v Commissioners for His Majesty’s Revenue and Customs, heard 22nd November 2022
  • R (on the application of Maguire) v His Majesty’s Senior Coroner for Blackpool & Fylde and another, heard 22nd November 2022.
  • In the matter of an application by James Hugh Allister and others for Judicial Review  (Northern Ireland), In the matter of an application by Clifford Peoples for Judicial Review (Northern Ireland), heard 30th November – 1st December 2022
  • R (on the application of Day) v Shropshire Council, heard 7th December 2022.
  • Aviva Investors Ground Rent GP Ltd and another v Williams and others, heard 8th December 2022