This Week in the Supreme Court – w/c 28th February 2022

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

On Tuesday 1st March the Supreme Court will hear the case of AIC Ltd v Federal Airports Authority of Nigeria, on appeal from [2020] EWCA Civ 1585. The court will consider several issues: A. Whether the execution of the Court of Appeal’s judgment and order should be stayed pending the resolution of this application for permission to appeal and, if permission is granted, pending the appeal. B. In the proposed appeal: (i) What is the correct approach to an application to reconsider an order after it has been made, but before it has been sealed, (ii) Whether the Court of Appeal erred by interfering in the judge’s exercise of her discretion in relation to the jurisdiction to reconsider an order, and (iii) Whether FAAN, the applicant seeking reconsideration of the order, required relief from sanctions under the Civil Procedure Rules in circumstances where the relevant order only permitted AIC to apply for enforcement of the arbitral award rather than to enforce it straight away if FAAN failed to comply with the order.

On Wednesday 2nd March the Supreme Court will hear the case of Candey Ltd v Crumpler and another (as Joint Liquidators of Peak Hotels and Resorts Ltd (In Liquidation)), on appeal from [2020] EWCA Civ 26. The Court will consider the following issue: What action must a solicitor take when entering into an additional security arrangement with a client to avoid waiving its rights under a pre-existing equitable lien (or creating an inference of waiver)?

 

The following Supreme Court judgments remain outstanding: (As of 02/03/22)

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
AIC Ltd v Federal Airports Authority of Nigeria, heard 1st March 2022
Candey Ltd v Crumpler and another (as Joint Liquidators of Peak Hotels and Resorts Ltd (In Liquidation), heard 2nd March 2022

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