LS Legal Update This Week in the Supreme Court – week commencing 30th January 2023 – UKSCBlog

This Week in the Supreme Court – week commencing 30th January 2023 – UKSCBlog

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

On monday 30th and Tuesday 31st January 2023 the Court will hear Jones v Birmingham City Council and another, on appeal from [2018] EWCA 1189. The issue in this case is whether Part 4 of the Policing and Crime Act 2009 is incompatible with Article 6 of the European Convention on Human Rights. In 2016 an interim injunction was granted preventing the appellant from entering a large part of central Birmingham, save for exceptional circumstances, on account of his alleged involvement in gang-related activities.

On Wednesday 1st February 2023 the Court will hand down judgment in Fearn and others v Board of Trustees of the Tate Gallery [2023] UKSC 4. The Court will determine whether the Court of Appeal was erred in failing to hold that the claimants were entitled to a remedy in the tort of private nuisance by reason of the Tate Modern’s use of the top floor of its Blavatnik Building as a viewing platform . The hand down will take place at 09:45 in Courtroom One.

On Wednesday 1st and Thursday 2nd February 2023 the Court will hear the case of Philipp v Barclays Bank UK PLCon appeal from [2022] EWCA 318. The Court will consider the following issues:

  1. Does the Quincecare duty have any application in a case where the relevant payment instruction was not issued to the bank by an agent of the bank’s customer?
  2. If not, should either (i) the Quincecare duty be extended so as to include the obligations contended for by Mrs Philipp in relation to authorized push payment fraud, or (ii) the law recognize or impose such obligations on a paying bank as incidents of its duty to exercise reasonable skill and care in and about executing an instruction?
  3. Should the Court determine issues 1 and/or 2 above on a summary judgment and/or strike-out application?

The following Supreme Court judgments remain outstanding: (As of 03/02/23)

  • 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
  • R (on the application of VIP Communications Ltd (In Liquidation)) v Secretary of State for the Home Departmentheard 4th October 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
  • Rakusen v Jepson and othersheard 26th January 2023.
  • Jones v Birmingham City Council and another, heard 30th-31st January 2023.
  • Philipp v Barclays Bank UK PLC, heard 1st-2nd February 2023.