This Week in the Supreme Court – w/c 31st January 2022

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

On Tuesday 1st February until Thursday 3rd February, the Supreme Court will hear three different but linked cases at 10:30am:

Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd, on appeal from [2019] EWCA Civ 1755. The Court will consider whether the Upper Tribunal has the jurisdiction to confer rights on a claimant under the Electronic Communications Code in relation to a particular sight where a third party is in occupation of that site.
Cornerstone Telecommunications Infrastructure Ltd v Ashloch Ltd and another, on appeal from [2021] EWCA Civ 90. The facts and issues differ from the above case inly insofar as the Court will be asked to consider if the Upper Tribunal can refer those rights to an operator, who has a Landlord and Tenant Act 1954 protected tenancy.
On Tower UK Ltd (formerly known as Arqiva Services Ltd) v AP Wireless II (UK) Ltd, on appeal from [2020] UKUT 0195 (LC). Again linked to the facts of the above cases, but in this appeal the Court will consider the meaning of paragraphs 20 and 27 of the Electronic Communications Code as set out in Schedule 3A to the Communications Act 2003.

On Wednesday 2nd February, the UKSC will hand down judgment in 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). The Court will decide whether the Secretary of State can lawfully make the exercise of a child’s right to be registered as a British citizen conditional on their payment of £1,012. The judgment will have the citation [2022] UKSC 3.

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

The following Supreme Court judgments remain outstanding: (As of 28/1/22)

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
Craig v Her Majesty’s Advocate (for the Government of the United States of America) and another heard 25th November 2021
Bloomberg LP v ZXC heard 30th 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
Public Prosecutors Office of the Athens Court of Appeal v O’Connor (Northern Ireland) heard 13th 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

Leave a Reply

Your email address will not be published.

Scroll to top