This Week in the Supreme Court – w/c 7th March 2022

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

On Wednesday 9th March judgment will be handed down in Croydon London Borough Council  v Kalonga, on appeal from [2021] EWCA Civ 77. The judgment will have the citation [2022] UKSC 7 and will be handed down at 09:45. The Court were asked whether a landlord can terminate a flexible tenancy agreement prior to the expiry of the fixed term if the tenancy agreement does not expressly provide for re-entry or forfeiture.

On Friday 11 March the Supreme Court will hear an assessment of costs hearing in Secretary of State for Health and another v Servier Laboratories Ltd and others, on appeal from [2019] EWCA Civ 1096. In this case the court will consider to what extent, if at all, are factual findings made by the General Court of the European Union in the course of its judgment in Case T-691/14 Servier SAS v EU Commission annulling a competition infringement decision of the European Commission binding as res judicata on English courts in a follow-on private damages action brought by the Respondents against the Appellants.

The following Supreme Court judgments remain outstanding: (As of 09/03/22)

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
Guest and another v Guest heard 3rd December 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
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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