This Week in the Supreme Court – w/c 27th March 2023 – UKSCBlog

On Wednesday 29th and Thursday 30thth march the Court will hear the case of Jalla and another v Shell International Trading and Shipping Company and another, on appeal from [2021] EWCA 63. This case concerns the Bonga oil field, 120km off the coast of Nigeria, where Shell extracts oil using a mobile oil rig. On 20 December 2011, there was a leak from one of the flexible flowlines between the rig and mooring buoy while oil was being transferred onto a ship. The spill contained at least 40,000 barrels and was one of the largest spills in Nigerian oil exploration history. The Court will consider whether an event causing permanent or very long-lasting pollution and toxicity with ongoing or fresh damage or impacts constitutes a continuing nuisance with fresh causes of action accruing until such time as the pollution is cleared up, or it eventually disappears of its own accord, in circumstances where the event causing the pollution occurred only once? The hearing will begin at 10:30am in Courtroom 1.

The following Supreme Court judgments remain outstanding: (As of 24/03/23)

  • 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
  • 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
  • Jalla and another v Shell International Trading and Shipping Company and another, heard 27th March 2023


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