Judicial Committee of the Privy Council

Upcoming

• UK Supreme Court

  Judgment

  17 September 2026

  Forthwell Limited (Appellant) v Pontegadea UK Limited (Respondent)

  Lord Reed,

  Lord Stephens,

  Lady Simler,

  Lord Doherty,

  Lord Hodge

  In what circumstances can a party to a contract recover damages for a breach of that contract in respect of losses that were sustained not by the contracting party itself but by its subsidiary?

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• UK Supreme Court

  Judgment

  22 September 2026

  R (on the application of Quaye) (Appellant) v Secretary of State for Justice (Respondent)

  Lord Sales,

  Lord Briggs,

  Lord Hamblen,

  Lord Stephens,

  Lady Simler

  Is section 128 of the Police, Crime, Sentencing and Courts Act 2022, which inserted sections 27A and 27B into the Crime (Sentences) Act 1997, compatible with articles 5, 7, and 14 (read with article 5), of the European Convention on Human Rights?

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• UK Supreme Court

  Hearing

  23 November 2026

  The Czech Republic (Appellant) v Diag Human SE and another (Respondents) No 2

  Lord Lloyd-Jones,

  Lord Hamblen,

  Lord Leggatt,

  Lord Burrows,

  Lord Doherty

  Does “control” for the purposes of Article 1(1)(c) of the investment treaty agreed between the Czech and Slovak Federal Republic and the Swiss Confederation dated 5 October 1990 (“BIT”) require that the legal entity be controlled de jure, or is de facto control sufficient? What is the test for “de facto” control for the purposes of Article 1(1)(c) BIT? Did the CA err by holding that CR’s objection to Mr Strava’s claim in respect of breaches of the BIT post-dating the alleged disposal of his interest in the qualifying investments was not an objection to “substantive jurisdiction” under section 30 Arbitration Act 1996? Did the Court of Appeal err by ordering that the full BIT award should be paid to Mr Stava despite finding that Diag Human SE was not a qualifying investor for the purposes of the BIT?

  Linked cases

  UKSC/2025/0176 The Czech Republic (Respondent) v Diag Human SE and another (Appellants)

  Legal Issue

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• UK Supreme Court

  Hearing

  23 November 2026

  The Czech Republic (Respondent) v Diag Human SE and another (Appellants)

  Lord Lloyd-Jones,

  Lord Hamblen,

  Lord Leggatt,

  Lord Burrows,

  Lord Doherty

  Does “control” for the purposes of Article 1(1)(c) of the investment treaty agreed between the Czech and Slovak Federal Republic and the Swiss Confederation dated 5 October 1990 (“BIT”) require that the legal entity be controlled de jure, or is de facto control sufficient? What is the test for “de facto” control for the purposes of Article 1(1)(c) BIT? Did the CA err by holding that CR’s objection to Mr Strava’s claim in respect of breaches of the BIT post-dating the alleged disposal of his interest in the qualifying investments was not an objection to “substantive jurisdiction” under section 30 Arbitration Act 1996? Did the Court of Appeal err by ordering that the full BIT award should be paid to Mr Stava despite finding that Diag Human SE was not a qualifying investor for the purposes of the BIT?

  Linked cases

  UKSC/2025/0177 The Czech Republic (Appellant) v Diag Human SE and another (Respondents) No 2

  Legal Issue

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• The Judicial Committee of the Privy Council

  Hearing

  1 December 2026

  Risk Reduction International Ltd (Appellant) v Absa Bank (Mauritius) Ltd (Respondent) (Mauritius)

  Lord Briggs,

  Lord Burrows,

  Lady Rose,

  Lord Doherty,

  Lord Snowden

  Did the courts below err in finding that the Appellant unreasonably failed to mitigate its loss? If the courts below were correct to find that the defendant unreasonably failed to mitigate its loss, did that failure arise: (1) on 31 January 2012, when the Appellant instructed the Respondent to reconvert the money in its account from US dollars into South African Rands (as the Commercial Division found), or (2) on 1 March 2012, owing to the Appellant’s failure to direct that the money in its account be converted into US dollars (as the Court of Civil Appeal found)?

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