This Week in the Supreme Court – w/c 21st February 2022

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

On Tuesday 22nd February, the Supreme Court will hear the case of Competition and Markets Authority v Pfizer Inc and Flynn Pharma Ltd, on appeal from [2020] EWCA 617. The issue is phrased as follows: ‘When considering what costs to award following an appeal before the Competition Appeal Tribunal from an infringement decision of the Competition and Markets Authority, is there a starting point and if so, what is it? In particular, was the Court of Appeal correct to decide that there is a starting point that no order for costs should be made against a regulator if it has been unsuccessful, except for a good reason, or is the starting point instead that an order for costs should be made against the regulator where it is unsuccessful?’ The hearing will begin at 10:30 in Courtroom One.

On Wednesday 23rd February, judgment will be handed down in Craig (AP) v Her Majesty’s Advocate (for the Government of the United States of America) and another, on appeal from [2020] HCJAC 22. The judgment will have the citation [2022] UKSC 6 and will be handed down at 09:45. The Court were asked whether the failure to bring into force certain amendments to the Extradition Act 2003 in Scotland gives rise to a breach of article 8 of the European Convention on Human Rights.

The following Supreme Court judgments remain outstanding: (As of 23/2/22)

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
BTI 2014 LLC v Sequana SA and Ors, heard 4 May 2021
Bott & Co Solicitors v Ryanair DAC, heard 20 May 2021
East of England Ambulance Service NHS Trust v Flowers and Ors, heard 22 June 2021
Basfar v Wong, heard 13th-14th October
Secretary of State for the Home Department v SC (Jamaica), heard 19th October
Commissioners for Her Majesty’s Revenue and Customs v Coal Staff Superannuation Scheme Trustees Ltd, heard 26th October
Harpur Trust v Brazel, heard 9th November 2021
FirstPort Property Services Ltd v Settlers Court RTM Company and others heard 10th November 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
Croydon London Borough Council v Kalonga, heard 12th January 2022
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
R v Maughan, heard 27th January 2022
Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd, Cornerstone Telecommunications Infrastructure Ltd v Ashloch Ltd and another and On Tower UK Ltd (formerly known as Arqiva Services Ltd) v AP Wireless II (UK) Ltd, heard 1st February 2022
DCM (Optical Holdings) Ltd v Commissioners for Her Majesty’s Revenue and Customs (Scotland), heard 8th February 2022
R (on the application of Coughlan) v Minister for the Cabinet Office, heard 15th February 2022
Competition and Markets Authority v Pfizer Inc and Flynn Pharma Ltd, heard 22nd February 2022

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