This Week in the Supreme Court – Week Commencing 13th June 2022

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

On Tuesday 14th June, the Court will hear the case of Canada Square Operations Ltd v Potter. This case concerns the meaning and effect of section 32 of the Limitation Act 1980, which postpones the commencement of a limitation period where a fact relevant to the claimant’s claim has been “deliberately concealed” by the defendant. The Supreme Court is asked to decide:1. What does “deliberate” mean in this context? Is recklessness sufficient, or is actual knowledge required? 2. What does “conceal” mean in this context? Does it require the defendant to have breached a legal duty to disclose? The judgment being appealed is [2021] EWCA 339.

On Wednesday 15th June, the Court will hand down three judgments, starting at 09:45 in Courtroom One:

Secretary of State for the Home Department v SC (Jamaica) [2022] UKSC 15

This is an immigration matter in which the court will consider the reasonable expectation to stay in Jamaica and any significant obstacles, and the correct tests to be applied. The judgment being appealed is [2017] EWCA Civ 2112.

AIC Ltd v Federal Airports Authority of Nigeria [2022] UKSC 16

This is a permission to appeal the decision of [2020] EWCA Civ 1585, hoping to clarify the correct approach to an application to reconsider an order after it has been made, but before it has been sealed.

In the matter H-W (Children) and (No 2) [2022] UKSC 17

When an appellate court reviews a first instance decision concerning the proportionality of orders made under the courts’ obligations under the Human Rights Act 1998, is it necessary for the appellate court to undertake its own proportionality assessment of that decision? [2021] EWCA Civ 1451 is the judgment being appealed.

 

The following Supreme Court judgments remain outstanding: (As of 15/6/22)

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
East of England Ambulance Service NHS Trust v Flowers and Ors, heard 22 June 2021
Basfar v Wong, heard 13th-14th 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
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
Hastings v Finsbury Orthopaedics Ltd and another (Scotland), heard 28th April 2022
HA and RA (Iraq) v Secretary of State for the Home Department, heard 17th May 2022
AA (Nigeria) v Secretary of State for the Home Department, heard 17th May 2022
R v Luckhurst, heard 7th June 2022
Commissioners for Her Majesty’s Revenue and Customs v NHS Lothian Health Board, heard 8th June 2022
Canada Square Operations Ltd v Potter, heard 14th June 2022

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