This Week in the Supreme Court – week commencing 12th December 2022 – UKSCBlog

On Wednesday 14^th December the Supreme Court will hand down judgment in the case of DB Symmetry Ltd and another v Swindon Borough Councilon appeal from [2020] EWCA Civ 1331. The Court was asked to consider if it is lawful for a planning authority, in granting planning permission for a development, to impose a planning condition that the developer will dedicate land within the development site to be a public highway. The hand-down will take place at 9:45 a.m. in Courtroom One.

On Wednesday 14^th December – Thursday 15^th december, the Court will hear the case of Chief Constable of the Police Service of Northern Ireland and another v Agnew and others (Northern Ireland) on appeal from [2019] NICA 32. The Court will consider the following issues: (1) Whether the Respondents, in bringing their complaints as to a series of unlawful deductions and underpayments of holiday pay, are restricted to a period ending no later than three months prior to the presentation of the complaints to the Tribunal. (2) What is meant by a series of unlawful deductions to pay and when such a series ends. (3) What is the correct approach to calculating unlawful deductions and underpayments of holiday pay, including the approach to annual leave entitlements, overtime and the reference period for calculating normal pay. (4) Whether the Respondents have been discriminated against contrary to Article 14 of the European Convention on Human Rights read in conjunction with Article 1 of Protocol 1. This hearing will take place at 10:30 in Courtroom Two.

The following Supreme Court judgments remain outstanding: (As of 16/12/22)

• 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
• Fearn and others v Board of Trustees of the Tate Gallery heard 7^th December 2021
• Stanford International Bank Ltd (in liquidation) v HSBC Bank PLC, heard 19^th January 2022
• Commissioners for Her Majesty’s Revenue and Customs v NCL Investments Ltd and another, heard 25^th January 2022
• Canada Square Operations Ltd v Potter, heard 14^th June 2022
• R v Andrewes, heard 21^st June 2022
• Hillside Parks Ltd v Snowdonia National Park Authority, heard 4^th July 2022
• DB Symmetry Ltd and another v Swindon Borough Council, heard 12^th July 2022.
• Reference by the Attorney General for Northern Ireland – Abortion Services (Safe Access Zones) (Northern Ireland) Bill, heard 19^th July 2022
• R (on the application of VIP Communications Ltd (In Liquidation)) v Secretary of State for the Home Departmentheard 4^th October 2022
• McCue (as guardian for Andrew McCue) (AP) v Glasgow City Councilheard 18^th October 2022
• Unger and another (in substitution for Hasan) v Ul-Hasan (deceased) and anotherheard 20^th October 2022
• Chief Constable of the Police Service of Northern Ireland and another v Agnew and others (Northern Ireland), heard 14^th-15^th December 2022