This Week in the Supreme Court – w/c 24th April 2023 – UKSCBlog

On Tuesday 25th and Wednesday 26th April the Court will hear the case of Independent Workers Union of Great Britain v Central Arbitration Committee and anotheron appeal from [2021] EWCA Civ 952. The Court will consider whether the CAC’s refusal to accept the Union’s application to be recognized by Deliveroo for collective bargaining interfere with the rights of Deliveroo riders to form and join a trade union under Article 11 of the European Convention on Human Rights? If so, was this interference justified? And should the courts below have construed section 296(1)(b) of the 1992 Act so as to give effect to Article 11? The hearing will begin at 10:30am in Courtroom 1.

On Wednesday 26th April the Court will hand-down judgment in Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB [2023] UKSC 15. The Court will determine whether Did the Court of Appeal wrongly found the appellant, part of the Jehovah’s Witness organization, to be vicariously liable for a rape committed by one of their elders? The hand-down will take place at 9:45am in Courtroom 2.

On Thursday 27th Aprilthe Court will hear the case of R (on the application of Worcestershire County Council) v Secretary of State for Health and Social Care, on appeal from [2021] EWCA Civ 1957. The Court will consider which local authority was responsible for the after-care of a service-user who had been detained in hospital under the Mental Health Act 1983? The case turns on the issue of where the service-user had been “ordinarily resident…immediately before being detained” for the purposes of s.117(3)(a) of the 1983 Act. The hearing will begin at 10:30am in Courtroom 1.

The following Supreme Court judgments remain outstanding: (As of 29/04/23)

  • 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
  • Republic of Mozambique (acting through its Attorney General) v Privinvest Shipbuilding SAL (Holding) and othersheard 24-25th January 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
  • 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
  • Jalla and another v Shell International Trading and Shipping Company and another, heard 27th March 2023
  • Secretary of State for Transport v Curzon Park Ltd and others, heard 19th April 2023

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