This Week in the Supreme Court – week commencing 6th March 2023 – UKSCBlog

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

On Monday 6th and Tuesday 7th March 2023 the Court will hear The Manchester Ship Canal Company Ltd v United Utilities Water Ltd No 2on appeal from [2022] EWCA Civ 852. The Court will consider whether The Manchester Ship Canal Company Limited can bring a private law claim in nuisance and/or trespass against United Utilities Water Limited in respect of unauthorized discharges of untreated foul water by UU into the canal. The hearing will begin at 11:00am in Courtroom 47 of the Manchester Civil Justice Centre.

On Tuesday 7th and Wednesday 8th March 2023 the Court will hear the case of London Borough of Merton Council v Nuffield Health Ltd, on appeal from [2021] EWCA Civ 826. The Supreme Court is asked to decide whether Nuffield Health is entitled to mandatory relief in respect of its occupation of premises at Merton Abbey under section 43(6)(a) of the Local Government Finance Act 1988. The section provides for a mandatory 80% relief from non-domestic rates on premises which are occupied by a charity and used wholly or mainly for charitable purposes. The hearing will begin at 10:30am in Courtroom 1, London.

On Wednesday 8th March 2023 the Court will hear R (on the application of Palmer) v Northern Derbyshire Magistrates Court and anotheron appeal from [2021] EWHC 3013. The Court will consider whether an administrator appointed under Part II of the Insolvency Act 1986 is a “director, manager, secretary or other similar officer of the corporate body” so as to fall within s194(3) of the Trade Union and Labor Relations (Consolidation) Act 1992. The hearing will begin at 10:30am in Courtroom 47 of the Manchester Civil Justice Centre.

On Thursday 9th March 2023 the Court will hear R (on the application of Toraane and another) v Secretary of State for the Home Departmenton appeal from [2021] EWCA Civ 348. The sole issue in this appeal is: what is the territorial scope of the public sector equality duty in section 149(1) of the Equality Act 2010, which requires public authorities to have due regard to equality issues? The hearing will begin at 10:30am in Courtroom 47 of the Manchester Civil Justice Centre.

Judgment Hand-down:

On Wednesday 8th March 2023 the Court will hand-down judgment in R (on the application of VIP Communications Ltd (In Liquidation)) v Secretary of State for the Home Department [2023] UKSC 10. The Court will determine whether the Secretary of State can direct the Office of Communications (Ofcom) not to introduce regulations exempting certain wireless telegraphy equipment from a licensing requirement on national security grounds. The hand-down will take place at 9:45am in Courtroom 47 of the Manchester Civil Justice Centre.

The following Supreme Court judgments remain outstanding: (As of 10/03/23)

  • 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
  • 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


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