This Week In the Supreme Court – w/c 8th November 2021

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

 

On Tuesday 9th November, the Court will hear the case of Harpur Trust v Brazel. The case will consider whether a worker’s right to paid annual leave is accumulated according to the working pattern of the worker and/or is pro-rated. The judgment being appealed is [2019] EWCA Civ 1402, and will take place in Courtroom One at 10:30am.

 

On Wednesday 10th November, the Court will hear the case of FirstPort Property Services Ltd v Settlers Court RTM Company and others, on appeal from [2019] UKUT 243. This case will consider the provisions of the Commonhold and Leasehold Reform Act 2002 and the extent to which a company has acquired certain rights. This will be heard in Courtroom One at 10:30am.

The Court will also hand down the following two judgments on Wednesday:

Lloyd v Google LLC – here, the Court was asked to consider whether the respondent should have been refused permission to serve his representative claim against the appellant out of the jurisdiction (i) because members of the class had not suffered ‘damage’ within the meaning of section 13 of the Data Protection Act 1998 (‘DPA’); and/or (ii) the respondent was not entitled to bring a representative claim because other members of the class did not have the ‘same interest’ in the claim and were not identifiable; and/or (iii) because the court should exercise its discretion to direct that the respondent should not act as a representative. The judgment being appealed is [2019] EWCA Civ 1599 and the Supreme Court first heard the case on the 28th and 29th of April 2021.
Alize 1954 and another v Allianz Elementar Versicherungs AG and others – this judgment will decide whether seaworthiness for the purposes of Article III Rule 1 of the Hague-Visby Rules includes navigational decisions taken by the crew taken prior to commencement of a voyage. This case was heard on the 7th and 8th of July 2021 and the judgment being appealed can be found at [2020] EWCA Civ 293.

 

On Thursday 11th November, the Court will hear the cases of 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) No. 2 and No. 3. This is a joined appeal, wherein the Court is asked to consider:

In The Law Debenture Trust’s appeal: (i) whether there is any “domestic foothold” for the allegations of duress made by Ukraine or whether the foreign act of state doctrine is relevant to or engaged by the allegations such that they are non-justiciable before the English Court; and (ii) whether the claim (or any of its aspects) ought to be stayed.

In Ukraine’s Appeal: (i) whether Ukraine’s defence of lack of contractual capacity has a real prospect of success (including whether Ukraine as a sovereign has unlimited capacity to contract); (ii) whether Ukraine has an arguable case that Ukraine’s Minister of Finance did not have ostensible authority and/or usual authority to enter into the Notes and that it has not ratified the Notes;

(iii) whether Ukraine’s defence that it was entitled not to repay sums otherwise due as a countermeasure has a real prospect of success; and (iv) whether there is a “compelling reason” within the meaning of CPR r24.2(b) for any of Ukraine’s defences to be determined at a trial irrespective of whether any of those defences satisfy CPR r24.2(a).

The judgment appelaed is [2018] EWCA Civ 2026 and will be heard at 10:30am in Courtroom Two by Lord Reed, Lord Hodge, Lord Lloyd-Jones, Lord Kitchin, and Lord Carnwath.

 

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

The following Supreme Court judgments remain outstanding: (As of 01/11/2021)

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
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
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
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

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