This Week in the Supreme Court – w/c 13th March 2023 – UKSCBlog

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

On monday 13th March and Tuesday 14th march the Court will hear the case of R (on the application of Officer W80) v Director General of the Independent Office for Police Conduct and otherson appeal from [2020] EWCA Civ 1301. The case will consider whether, in the context of police misconduct proceedings, it is open to a reasonable disciplinary panel to make a finding of misconduct if an officer’s honest, but mistaken, belief that his life was threatened was found to be unreasonable. The hearing will begin at 11:00am in Courtroom 1.

On Wednesday 15th march the Court will hand-down judgment in 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) [2023] UKSC 11. The Law Debenture Trust Corporation plc is trustee of notes with a nominal value of USD 3bn carrying interest of 5 per cent per annum (the “Notes”). The Trustee has applied for summary judgment of its claim against Ukraine for non-payment of the sums due under the Notes. The Supreme Court was asked to decide whether Ukraine should be permitted to defend the claim at trial. The hand-down will take place at 9:45am in Courtroom 1. The Court will determine the following issues:

  1. Did Ukraine have the capacity to issue the Notes or to ensure into the ancillary contracts?
  2. Were the Notes issued or the ancillary contracts entered into without authority?
  3. Can Ukraine maintain that it was entitled to avoid the Notes for duress exerted by the Russian Federation?
  4. Can Ukraine maintain that non-payment of the sums due under the Notes is a legal countermeasure?

The following Supreme Court judgments remain outstanding: (As of 17/03/23)

  • East of England Ambulance Service NHS Trust v Flowers and Ors, heard 22 June 2021
  • Canada Square Operations Ltd v Potter, heard 14th June 2022
  • Unger and another (in substitution for Hasan) v Ul-Hasan (deceased) and anotherheard 20th October 2022
  • Chief Constable of the Police Service of Northern Ireland and another v Agnew and others (Northern Ireland), heard 14th-15th December 2022
  • Smith and another v Royal Bank of Scotland, heard 12th January 2023
  • Moulsdale t/a Moulsdale Properties v Commissioners for His Majesty’s Revenue and Customs (Scotland), heard 17th January 2023
  • Republic of Mozambique (acting through its Attorney General) v Privinvest Shipbuilding SAL (Holding) and othersheard 24-25th January 2023
  • Trustees of the Barry Congregation of Jehovah’s Witnesses v BXBheard 13th February 2023
  • R (PACCAR Inc and others) v Competition Appeal Tribunal and othersheard 16th February 2023.
  • Lifestyle Equities CV and another v Ahmed and anotherheard 20th February 2023
  • Morgan and others v Ministry of Justice (Northern Ireland), heard 22nd February 2023
  • JTI POLSKA Sp. Zoo and others v Jakubowski and othersheard 28th February 2023
  • Thaler v Comptroller-General of Patents, Designs and Trade Marks, heard 2nd March 2023
  • The Manchester Ship Canal Company Ltd v United Utilites Water Ltd No 2heard 6th March 2023
  • London Borough of Merton Council v Nuffield Health Ltdheard 7th March 2023
  • R (on the application of Palmer) v Northern Derbyshire Magistrates Court and anotherheard 8th March 2023
  • R (on the application of Toraane and another) v Secretary of State for the Home Departmentheard 9th March 2023
  • R (on the application of Officer W80) v Director General of the Independent Office for Police Conduct and others, heard 13th March 2023

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