This week in the Supreme Court- w/c 25th October 2021

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

On Tuesday 26th October, the Supreme Court will hear the appeal of Commissioners for Her Majesty’s Revenue and Customs v Coal Staff Superannuation Scheme Trustees Ltd. This is an appeal of the decision in [2019] EWCA Civ 1610 and will be heard at 10:30 in Courtroom One. It will consider the UK tax treatment of “manufactured overseas dividends” and their compatibility with EU law.

On Wednesday 27th October, the Supreme Court will hand down judgment in two cases:

Kostal UK v Dunkley and others. This was first heard on the 18th May 2021 and considered s. 145B Trade Union and Labour Relations Consolidation Act 1992. The decision appealed was [2019] EWCA Civ 1009 and the citation will be [2021] UKSC 47.
Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) was heard from the 30th June to the 1st July and appealed [2020] EWCA Civ 6. The judgment will consider an arbitration agreement between the two parties and the applicable law and determination. The citation will be [2021] UKSC 48.

A full list of the cases scheduled for the Michaelmas Term can be found here.


The following Supreme Court judgments remain outstanding: (As of 25/10/2021)

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
Crown Prosecution Service v Aquila Advisory Ltd, heard 27 April 2021
Lloyd v Google LLC, heard 28 and 29 April 2021
BTI 2014 LLC v Sequana SA and Ors, heard 4 May 2021.
Bott & Co Solicitors v Ryanair DAC, heard 20 May 2021
In the matter of an application by Margaret McQuillan for Judicial Review (Northern Ireland), In the matter of an application by Mary McKenna for Judicial Review (Northern Ireland), and In the matter of an application by Francis McGuigan for Judicial Review (Northern Ireland), heard 14-16 June 2021
East of England Ambulance Service NHS Trust v Flowers and Ors, heard 22 June 2021
R (on the application of O (a minor, by her litigation friend AO)) v Secretary of State for the Home Department and R (on the application of The Project for the Registration of Children as British Citizens) v Secretary of State for the Home Department) (Expedited), heard 23 and 24 June 2021
Alize 1954 and Anor v Allianz Elementar Versicherungs AG and Ors, heard 7 and 8 July 2021
R (on the application of Elan-Cane)  v Secretary of State for the Home Department, heard 12 and 13 July 2021
A Local Authority v JB (by his Litigation Friend, the Official Solicitor) (AP), heard 15 July 2021
Maduro Board of the Central Bank of Venezuela v Guaidó Board of the Central Bank of Venezuela, heard 19 to 22 July 2021.
Basfar v Wong, heard 13th-14th October
Her Majesty’s Attorney General v Crosland, heard 18th October
Secretary of State for the Home Department v SC (Jamaica), heard 19th October

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