This Week in the UKSC – w/c 23rd May 2022

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

On Wednesday 25th May, the Court will hand down judgment in Competition and Markets Authority v Flynn Pharma Ltd and Pfizer Inc [2022] USKC 14, on appeal from [2020] EWCA Civ 617. This case concerns whether there is a starting point for costs to be awarded following an appeal before the Competition Appeal Tribunal following an infringement decision of the CMA. In particular, the Court will decide whether the Court of Appeal was correct to hold that there is a starting point that no order for costs should be made against an unsuccessful regulator (except for good reason). Hand-down will take place at 09:45 in Courtroom One.

The following Supreme Court judgments remain outstanding: (As of 25/5/22)

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
Secretary of State for the Home Department v SC (Jamaica), heard 19th 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

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