P.P. -v- Poland; ECHR 8-Jan-2008

Court: ECHR
Date: 08-Jan-2008
Statutes: European Convention on Human Rights
Links: Bailii,
References: 8677/03, [2008] ECHR 19,

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Filed under Human Rights

Jakubiak -v- Poland; ECHR 8-Jan-2008

Court: ECHR
Date: 08-Jan-2008
Statutes: European Convention on Human Rights
Links: Bailii,
References: 36161/05, [2008] ECHR 9,

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Filed under Human Rights

Eris -v- Turkey; ECHR 8-Jan-2008

Court: ECHR
Date: 08-Jan-2008
Statutes: European Convention on Human Rights
Links: Bailii,
References: 28268/02, [2008] ECHR 7,

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Filed under Human Rights

FD (Algeria) -v- Secretary of State for the Home Department; CA 25-Sep-2007

Court: CA
Date: 25-Sep-2007
Statutes: Directive 2004/38
Links: Bailii,
References: [2007] EWCA Civ 981,

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Filed under European, Immigration

DGT Steel and Cladding Ltd -v- Cubitt Building and Interiors Ltd; TCC 4-Jul-2007

In what circumstances, if any, should a temporary stay be granted to restrain court proceedings until an adjudication of the underlying dispute has taken place?

Court: TCC
Date: 04-Jul-2007
Links: Bailii,
References: [2007] EWHC 1584 (TCC),

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Filed under Arbitration, Litigation Practice

Lopparelli -v- Commission (Staff Regulations); ECFI 4-Jul-2007

ECFI Public Service Officials Promotion 2003 promotion Award of priority points

Court: ECFI
Date: 04-Jul-2007
Links: Bailii,
References: T-502/04, [2007] EUECJ T-502/04

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Filed under European

JS Cruickshank (Farmers) Ltd -v- Gordon & Innes Ltd and others; OHCS 4-Jul-2007

Court: OHCS
Date: 04-Jul-2007
Links: Bailii,
References: [2007] ScotCS CSOH_113,

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Filed under Insolvency, Scotland

Mccarthy -v- Mccarthy & Stone Plc; CA 4-Jul-2007

Construction of company’s Share Option Plan.

Court: CA
Date: 04-Jul-2007
Links: Bailii,
References: [2007] EWCA Civ 664,

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Filed under Company, Employment

Ecuador -v- Occidental Exploration & Production Co; CA 4-Jul-2007

Appeal against refusal to set aside arbitration award for want of jurisdiction.

Court: CA
Date: 04-Jul-2007
Links: Bailii,
References: [2007] EWCA Civ 656,
Cases Cited:

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Filed under Arbitration

Denton -v- London Borough Southwark; CA 4-Jul-2007

Young adult asked to leave family home after unacceptable behaviour – whether intentionally homeless.

Court: CA
Date: 04-Jul-2007
Statutes: Housing Act 1996 191
Links: Bailii,
References: [2007] EWCA Civ 623,

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Filed under Housing

IA351982010 (Unreported); AIT 18-Mar-2011

Court: AIT
Date: 18-Mar-2011
Links: Bailii,
References: [2011] UKAITUR IA351982010),

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Filed under Immigration

IA101532010 (Unreported); AIT 18-Mar-2011

Court: AIT
Date: 18-Mar-2011
Links: Bailii,
References: [2011] UKAITUR IA101532010),

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Filed under Immigration

DA007452009 (Unreported); AIT 18-Mar-2011

Court: AIT
Date: 18-Mar-2011
Links: Bailii,
References: [2011] UKAITUR DA007452009,

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Filed under Immigration

DA005292010 (Unreported); AIT 18-Mar-2011

Court: AIT
Date: 18-Mar-2011
Links: Bailii,
References: [2011] UKAITUR DA005292010),

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Filed under Immigration

Bayode, Regina -v-; CACD 26-Mar-2013

Court: CACD
Date: 26-Mar-2013
Links: Bailii,
References: [2013] EWCA Crim 356,

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Filed under Crime

In re Quinlan; 1976

Protecting the privacy rights of incompetent dying patients.

Date: 01-Jan-1976
References: (1976) 355 A2d 647,
Cited By:

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Filed under Health

Ziderman -v- General Dental Council; PC 1976

Lord Diplock said: ‘The purpose of disciplinary proceedings against a dentist who has been convicted of a criminal offence by a court of law is not to punish him a second time for the same offence but to protect the public who may come to him as patients and to maintain the high standards and good reputation of an honourable profession.’

Court: PC
Date: 01-Jan-1976
Judges: Lord Diplock
References: [1976] 2 All ER 334, [1976] 1 WLR 330
Cited By:

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Filed under Health Professions

Regina -v- Michael; QBD 1976

The court has an inherent jurisdiction to correct an order which was drawn up in a way which did not reflect what the judge had ordered in open court.

Court: QBD
Date: 01-Jan-1976
Judges: Judge Rubin
References: [1976] QB 414,
Cited By:

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Filed under Criminal Practice

Parkes -v- Regina; PC 1976

The court considered whether to admit as evidence against the accused his response to an accusation made by the victim’s mother when no police officer was present and to which the defendant had reacted by threatening her.

Court: PC
Date: 01-Jan-1976
Judges: Lord Diplock
References: (1976) 64 Cr App R 25,
Cases Cited:
Cited By:

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Filed under Criminal Evidence

Milford Haven Conservancy Board -v- Inland Revenue Commissioners; CA 1976

The Minister had power to make provision by order for determining rateable values ‘by such method as may be so specified’. The formula prescribed by the Minister for dock undertakings was based on 4% of their receipts, including receipts from some parts of their property which had been let and on which the occupiers were therefore paying rates in the ordinary way. The Milford Haven Conservancy Board complained that the order was ultra vires because it involved double taxation.
Held: The statute entitled the Secretary of State to prescribe any method of valuation, however far it departs from previously established principles . . rateable value, whenever it departs from net annual value, either by being related to net annual value in some specific way or by being assessed without reference to net annual value, is an artificial concept. The profits basis of valuation was a means of estimating the rent that the hypothetical tenant would pay. But none of the methods of assessment under sections 31 to 35 have that character. Water, gas and electricity undertakings are dealt with on the basis of supply. Mines and quarries . . are given a rateable value ascertained by applying a fraction . . to the rateable value previously assessed.’

Court: CA
Date: 01-Jan-1976
Judges: Cairns LJ
References: [1976] 1 WLR 817,
Cases Cited:
Cited By:

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Filed under Rating

Allan J Panozza & Co Pty Ltd -v- Allied Interstate (Qld) Pty Ltd; 1976

(New South Wales) A statutory limitation on damages deemed to be incorporated into a contract of carriage is ‘an express limitation upon the substantive liabilities.’

Date: 01-Jan-1976
Judges: Street CJ
References: [1976] 2 NSWLR 192,
Cited By:
  • Harding -v- Wealands, HL, Cited, (Times 06-Jul-06, Bailii, [2006] UKHL 32, [2006] 3 WLR 83, [2006] 2 CLC 193, [2006] RTR 35, [2006] 4 All ER 1)

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Filed under Commonwealth, Damages

Attorney-General -v- Jonathan Cape Ltd; 1976

Lord Widgery CJ said: ‘the court must have power to deal with publication which threatens national security.’ As regards confidence in publicly owned material: ‘There must, however, be a limit in time after which the confidential character of the information, and the duty of the court to restrain publication will lapse’ and ‘It may, of course, be intensely difficult in a particular case, to say at what point the material loses its confidential character, on the ground that publication will no longer undermine the doctrine of cabinet responsibility.’

Date: 01-Jan-1976
Judges: Lord Widgery CJ
References: [1976] QB 752, [1976] 3 All E R 484

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Filed under Administrative, Media

In re F (a Minor) (Wardship: Appeal); CA 1976

Bridge LJ said: ‘The judge was exercising a discretion. He saw and heard the witnesses. It is impossible to say that he considered any irrelevant matter, erred in law or applied any wrong principle. On the view I take, his error was in the balancing exercise.
He either gave too little weight to the factors favourable, or too much weight to the factors adverse to the father’s claim that he should retain care and control . .
If in any discretion case concerning children the appellate court can clearly detect that a conclusion, which is neither dependent on nor justified by the trial judge’s advantage in seeing and hearing witnesses, is vitiated by an error in the balancing exercise, I should be very reluctant to hold that it is powerless to interfere.’

Court: CA
Date: 01-Jan-1976
Judges: Bridge LJ
References: [1976] Fam 238,
Cited By:

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Filed under Children

Massachusetts Board of Retirement -v- Murgia; 1976

(United States of America) It can be necessary to distinguish between those grounds of discrimination which prima facie appear to offend our notions of the respect due to the individual and those which merely require some rational justification.

Date: 01-Jan-1976
References: (1976) 438 US 285,
Cited By:

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Filed under Discrimination, International

Regina -v- McFadden and Cunningham; 1976

Whether a professionally improper agreement was illegal also.

Date: 01-Jan-1976
References: [1976] CLY 2196,
Cited By:

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Filed under Contract

Heywood -v- Wellers; CA 1976

The claimant instructed solicitors in injunction proceedings which they conducted negligently. The solicitors had put the case in the hands of an incompetent junior clerk. She sued acting in person, and succeeded but now appealed the only limited form of damages awarded.
Held: She was entitled to repayment of the legal costs paid by her to her solicitors, and also a sum which would represent the additional vexation, anxiety and distress through absence of her remedy. She was not entitled to an award in respect of the stress of herself conducting the action against her former solicitors. Lord Denning described that negligence: ‘I am afraid that the solicitors were much at fault. They ought not to have left this matter to a young junior clerk with no qualifications – with no supervision by any partner. In his hands mistakes were made from beginning to end.’ Lord Denning listed a series of dreadful mistakes. ‘The upshot of it all was that the proceedings were absolutely useless to her. . That brings me to the law. . The judge approached the case on this footing: Mrs Heywood was entitled to damages for negligence, but the solicitors were entitled to their costs which they could set off against her damages. He said that the defendants ‘are not precluded from setting off what is properly due to them for their costs.’ He then calculated the set off in this way: On the one hand Mrs Heywood was entitled to damages for negligence which he set out under [a number of subparagraphs]. . He then awarded the plaintiff damages under [some of those paragraphs]. He did not quantify those damages, but said that as against them the defendants could set off all the costs recoverable by them save for [one certified exception]. . . . So the judge held that they could set off their costs against her damages, with the result that she was not entitled to any damages and they were not entitled to their costs… But as she had already paid them £175 on account of those costs, she was entitled to have the money repaid to her. . . . Now I think the judge was in error in thinking that the solicitors were entitled to recover any costs at all. There are two reasons. In the first place, the contract of the solicitors was an entire contract which they were bound to carry on to the end; and, not having done so, they were not entitled to any costs . . . In the second place, the work which they did do was useless. It did nothing to forward the object which the client had in view. It did nothing to protect her from molestation. It being thus useless, they can recover nothing for it . . .’ The other two Lords Justices delivered concurring judgments.

Court: CA
Date: 01-Jan-1976
Judges: Lord Denning MR, James and Bridge LJJ
Links: Bailii,
References: [1976] QB 446, [1976] 2 WLR 101, [1976] 1 All ER 300, [1976] 2 Lloyd's Rep 88, (1976) 120 SJ 9, Times, 15-Nov-1975, [1975] EWCA Civ 11
Cases Cited:
Cited By:

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Filed under Contract, Damages, Professional Negligence

Invicta Plastics Limited -v- Clare; QBD 1976

Those advertising and selling devices which were designed to detect the presence of police radar speed devices commit the offence of incitement under section 1(1) of the 1949 Act which required a licence for the use of such apparatus.

Court: QBD
Date: 01-Jan-1976
Statutes: Wireless Telegraphy Act 1949 1(1)
References: [1976] RTR 251, [1976] Crim LR 131
Cited By:

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Filed under Crime, Road Traffic

Leopold Lazarus -v- Secretary of State for Trade and Industry; 1976

The general principle governing the calculation of costs rates should allow for two elements, the value of the subject matter or amount at stake, and the expense of providing the service.

Date: 01-Jan-1976
References: (1976) Costs Law Reports, Core Volume 62
Cited By:

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Filed under Costs, Legal Professions

Mood Music Publishing Co -v- De Wolfe Ltd; CA 1976

The plaintiffs alleged breach of copyright case involving music and sought to have admitted in evidence similar fact evidence showing that the defendants had published music resembling material protected by copyright in the past. The defendant apealed.
Held: Lord Denning MR said: ‘The admissibility of evidence as to ‘similar facts’ has been much considered in the criminal law. Some of them have reached the highest tribunal, the latest of them being Reg v Boardman [1975] AC 421. The criminal courts have been very careful not to admit such evidence unless its probative value is so strong that it should be received in the interests of justice: and its admission will not operate unfairly to the accused. In civil cases the courts have followed a similar line but have not been so chary of admitting it. In civil cases the courts will admit evidence of similar facts if it is logically probative, that is, if it is logically relevant in determining the matter which is in issue: provided that it is not oppressive or unfair to the other side: and also that the other side has fair notice of it and is able to deal with it. ‘

Court: CA
Date: 01-Jan-1976
Judges: Lord Denning MR,Orr Browne LJJ
References: [1976] Ch 119,
Cases Cited:
Cited By:

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Filed under Evidence, Intellectual Property

Re Golden Chemicals Limited; 1976

A Minister of the Crown need not exercise his own discretion personally, even when the exercise of his powers involves a serious invasion of a subject’s civil rights.

Date: 01-Jan-1976
Judges: Brightman J
References: [1976] Ch 300,
Cited By:

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Filed under Litigation Practice

Regina -v- Eaton; CACD 1976

A hospital order with a restriction order unlimited as to time was made in respect of a woman with a psychopathic disorder where her offence was minor criminal damage.

Court: CACD
Date: 01-Jan-1976
References: [1976] Crim LR 390,
Cited By:

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Filed under Criminal Sentencing

Minnesota Mining & Manufacturing Co -v- Johnson & Johnson; 1976

The court will normally only refuse a stay pending appeal against the award of an injunction if the successful injunctor is willing to give a cross-undertaking in damages should the appeal be successful

Date: 01-Jan-1976
References: [1976] RPC 671,
Cited By:

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Filed under Litigation Practice

Kingston -v- Phillips; CA 1976

The court was asked to construe a parcels clause in a transfer: ‘It will be observed that the parcels as there set out are really almost devoid of any particularity; all that is said about the property conveyed is that it is part of the Chicklade Estate and part of the dwelling house thereon. Unhappily, the plan which was annexed to that conveyance is wholly inadequate to perform the function which the draftsman of the conveyance seems to have contemplated that it would. It is a very dangerous practice for a conveyancer to frame a conveyance with parcels which are not adequately described. Perhaps the most important feature of all the features of a conveyance is to be able to identify the property to which it relates; and, if the draftsman of the conveyance chooses to identify the property solely by reference to a plan, it is of the utmost importance that he should make use of a plan which is on a scale sufficiently large to make it possible to represent the property and its boundaries in precise detail, giving dimensions and any other features which may be necessary to put beyond doubt the subject matter of the conveyance.’

Court: CA
Date: 01-Jan-1976
Judges: Buckley LJ
References: Unreported, 1976 Transcript 279
Cited By:

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Filed under Land

Regina -v- Thomas & Thomson; 1976

The word ‘suffers’ adds nothing to to the word ‘permits’ in the context of preises being used for the consumption of unlawful drugs, since each carries the same meaning.

Date: 01-Jan-1976
Statutes: Misuse of Drugs Act 1971
References: (1976) 63 Cr App R 65,
Cited By:

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Filed under Crime

HTV Ltd -v- Price Commission; CA 1976

Policies created by public bodies are a means of promoting consistency while not fettering the discretion of a public body. They allow others to know how the authority will respond to those who must deal with the authority. In maiing such policies: ‘It is a common place of modern law that such bodies [the Price Commission] must act fairly . . it is not really surprising that a code must be implemented fairly, and that the courts have power to redress unfairness’.

Court: CA
Date: 01-Jan-1976
Judges: Scarman LJ
References: [1976] ICR 170,
Cited By:

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Filed under Administrative

Regina -v- Cain; 1976

Part of the duty of the Crown Prosecution service in deciding upon a prosecution is to avoid prosecutions which are oppressive as regards a defendant.

Date: 01-Jan-1976
Judges: Lord Widgery LCJ
References: [1976] QB 496,
Cited By:

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Filed under Criminal Practice

Regina -v- Fenny Stratford Justices ex parte Watney Mann Ltd; 1976

An order had been made to abate a nuisance caused by loud noise from a juke box. The abatement notice as served required that the nuisance be abated ‘and the level of noise in [the premises] shall not exceed 70dB(A)’.
Held: The words quoted were deleted as void for uncertainty, but the general requirement to abate the nuisance stood, and was not challenged.

Date: 01-Jan-1976
References: [1976] 1 WLR 1101,
Cited By:

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Filed under Nuisance

GKN Centrax Gears Ltd -v- Matbro Ltd; CA 1976

The court reinforced the distinction between damages in contract for financial losses, and for loss of reputation.

Court: CA
Date: 01-Jan-1976
Judges: Lord Denning M.R
References: [1976] 2 Lloyd's Rep 555,
Cited By:

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Filed under Contract, Damages

Regina -v- Immigration Appeal Tribunal, ex parte R P Mehta (No 1); CA 1976

The Court should never let a party suffer because his or her solicitors made a mistake and were a day or two late in giving notice of appeal.

Court: CA
Date: 01-Jan-1976
Judges: Lord Denning M R
References: [1976] Imm AR 38,
Cited By:

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Filed under Immigration

Regina -v- Annesley; CACD 1976

The court has a common law power to defer part of its sentencing process.

Court: CACD
Date: 01-Jan-1976
References: [1976] 1 WLR 106,
Cited By:

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Filed under Criminal Practice

Hood -v- Lewis; QBD 1976

The court overturned a finding that the defendant was not guilty of the offence of speeding because he had not seen relevant signs.

Court: QBD
Date: 01-Jan-1976
References: [1976] RTR 99,
Cited By:

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Filed under Road Traffic

Star Industrial -v- Yap Kwee Kor; PC 1976

The plaintiff Hong Kong company had manufactured toothbrushes and exported them to Singapore, for re-export to Malaysia and Indonesia, but with some local sales as well. Their characteristic get-up included the words ‘ACE BRAND’ and a letter device. They stopped when the Singapore government imposed import duty on toothbrushes. Since then the plaintiff had not manufactured any toothbrushes for export to Singapore, it did not carry on any business in Singapore itself, and it had no intention of resuming its former trade. The defendant formed a company with a name similar to that of the plaintiff, and commenced marketing toothbrushes under the same get-up save that they used AGE instead. The plaintiff sued in Singapore for passing-off to restrain the defendant from using the name and get-up similar to that which the plaintiff had previously used.
Held: The claim failed.
Lord Diplock described the nature of passing off: ‘A passing off action is a remedy for the invasion of a right of property not in the mark, name or get-up improperly used, but in the business or goodwill likely to be injured by the misrepresentation made by passing off one person’s goods as the goods of another. Goodwill, as the subject of proprietary rights, is incapable of subsisting by itself. It has no independent existence apart from the business to which it is attached. It is local in character and divisible; if the business is carried on in several countries a separate goodwill attaches to it in each. So when the business is abandoned in one country in which it has acquired a goodwill the goodwill in that country perishes with it although the business may continue to be carried on in other countries. . . Once the Hong Kong Company had abandoned that part of its former business that consisted in manufacturing toothbrushes for export to and sale in Singapore it ceased to have any proprietary right in Singapore which was entitled to protection in any action for passing-off brought in the courts of that country.’
As to abandonment, if a business clearly ceases to trade with no intention of it being revived, then the goodwill is lost unless it is assigned. If not assigned then some intention to revive the business, even if not imminently, needs to be shown. It must be something more than mere possibility. An intention to resume may be more readily believed where the cessation was compelled by external circumstances

Court: PC
Date: 01-Jan-1976
Judges: Lord Diplock
References: [1976] FSR 256,
Cited By:

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Filed under Intellectual Property

Regina -v- Rutter; 1976

A defendant who wished to challenge the analysis of a properly taken and analysed part specimen of blood had to challenge it by analysis of his own part specimen. A defendant who sought to establish that the part specimen analysed on behalf of the prosecution did not come from him, could call evidence establishing that he had nothing to drink or that a mistake was made, but it was not open to him to attempt, by calling expert evidence, to indulge in hypothetical calculations on uncertain and unproven facts. The judge had correctly ruled that the expert evidence sought to be adduced by the applicant was inadmissible.

Date: 01-Jan-1976
Judges: Roskill LJ
References: [1976] RTR 105,
Cited By:

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Filed under Road Traffic

Regina -v- A Circuit Judge (sitting at Norwich County Court) ex parte Wathen; QBD 1976

Lessors claimed for arrears of rent, forfeiture of the lease and possession of the premises. The lessee admitted the arrears, advanced no defence and did not seek an adjournment. The judge, of his own motion, adjourned the hearing because the lessee, although without means at the time, had an expectation of receiving certain monies under a trust of an uncertain amount at an uncertain date. The hearing was resumed at the adjourned date, and the judge adjourned it for a second time. The lessors applied for an order of mandamus requiring the judge to hear and determine the claim.
Held: The judge had been entitled to adjourn the action under the section, on the first occasion, but not on the second. The word ‘shall’ required the judge to proceed forthwith to judgment for a plaintiff who had without doubt established his claim to relief under the section. Nevertheless, the judge was entitled to adjourn the claim provided that he was acting ‘judicially’. On the facts of that case, in adjourning the claim on the first occasion, the judge was acting judicially: ‘The view that I have formed is that, paying particular regard to section 191 of the County Courts Act 1959, the judge cannot be criticised for taking it into his own hands on the first occasion to adjourn the matter on the basis that he was not then in a position to be able to decide with any degree of accuracy the time which he would give to the lessee to fulfil the term relating to the rent, having regard to the additional factor that he could not impose a term of less than 28 days anyway’ and ‘the allowance of time is a discretionary matter’, although this did not diminish the force of the use of the word ‘shall’ in the section. For this reason: ‘I do not believe that a judge can inevitably be criticised for not proceeding to judgment forthwith, for example, on the first occasion when the matter comes before him if something of materiality remains uncertain as a matter of evidence. To adjourn a case on virtually the same ground again is, however, I think impermissible. A judge, faced with the problems which confronted the judge here, should act strictly in accordance with the law as laid down in section 191 and give the plaintiff the relief which he seeks.’

Court: QBD
Date: 01-Jan-1976
Judges: Watkins J
Statutes: County Courts Act 1959 191(1)
References: (1976) 33 P & CR 423,
Cited By:

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Filed under Landlord and Tenant, Litigation Practice

Copeland Borough Council -v- Secretary of State for the Environment; 1976

An enforcement notice was served relating to a dwelling house which had been built with a roof covering of the wrong colour. The authority had described the breach of planning control by reference to the construction of the roof, rather than the construction of the house as a whole.
Held: This was an error sufficient to require the enforcement notice to be quashed. The character of the development to be considered derives from the whole development, and to construct only a small part would result in something different in character.
Lord Widgery CJ said: ‘For my part, and in the absence of authority, I would have had no hesitation in saying that in a case of this kind where there is to be new development on land previously undeveloped one ought, subject to any special provisions in the planning permission itself, to treat the operation as single one, and I test it for myself in this way. The purpose of all town and country planning is to preserve amenities and the sensible and attractive lay-out of properties, and if the appellants are right in this case and the grant of a permission of this kind is really the grant of multiple permissions to install brick by brick it would mean that an eccentric land developer could produce most extraordinary results on his land, results which might perfectly well redound to the disadvantage of others, without in any way falling foul of this legislation; he could leave holes in the walls of his house; he could leave half the roof off; he could do all sorts of eccentric things of that kind, and when he was tackled about it by the planning authority he would say: ‘But every brick is in accordance with the plans; at no point have I done anything which the plans did not authorise.’ If it were asked: ‘What about the all the vacant spaces which the plans intended to be filled?’ the answer would be: ‘There is no breach of planning control there. There is nothing done there and if you do nothing you cannot be wrong.”

Date: 01-Jan-1976
Judges: Lord Widgery CJ
References: (1976) 31 P&CR 403,
Cited By:

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Filed under Damages, Land

Occidental Worldwide Investment Corporation -v- Skibs A/S Avanti (The Siboen and Sibotre); 1976

The effect of a rescission of a compromise agreement settling the dispute may be to revive the original agreement. As to the liability of a principal for misrepresentations by his agent: ‘If one agent makes a fraudulent statement to another agent, intending the latter to pass the statement on to a third party, and this done, the principal will be liable; for in these circumstances the first agent is guilty of the complete tort of fraudulent misrepresentation, the second agent being his innocent agent.’
Exemplary damages are not available for breach of contract even if a contract breaker has made a similarly cynical calculation that it will benefit him more to break a contract than to perform it.
As to the establishment of economic duress, Kerr J said that in a contractual situation commercial pressure is not enough. There must be present some factor ‘which could in law be regarded as a coercion of his will so as to vitiate his consent.’

Date: 01-Jan-1976
Judges: Kerr J
References: [1976] 1 Lloyds Rep 293,
Cited By:

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Filed under Contract, Damages

SJC Construction -v- Sutton London Borough Council; CA 1976

An appeal was mounted against the decision of the Lands Tribunal to allow the variation of a restrictive covenant under 84(1A)(b) only and not under 84(1A)(a). The tribunal had said that the word ‘substantial’ required applicants to show: ‘that the benefit is not of any real importance in either money terms or in having some other advantage’ The application of the word ‘substantial’ was ‘a question of fact and degree having regard to all the circumstances'; and ‘The question I have asked myself in this case is whether the benefits and advantages to the (covenantee) are of so little weight in relation to what is proposed by the appellants that they can regard as having no real importance.’ The answer in this case was ‘No’.
Held: The award was upheld: ‘the modification of this restrictive covenant clearly resulted in the respondents suffering the loss of a practical benefit of substantial value or advantage. For that substantial loss or disadvantage they were entitled to substantial compensation.’

Court: CA
Date: 01-Jan-1976
Judges: Stephenson LJ
Statutes: Law of Property Act 1925 84
References: [1974] 28 P & CR 200, (1975) 234 EG 363, [1976] RVR 219
Cited By:

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Filed under Damages, Land

Carradine Properties Ltd -v- Aslam; ChD 1976

Under a break clause in a lease, the relevant date upon which a notice given by either party under the clause might take effect was a date in September 1975, but the landlord’s notice in September 1974 specified a date in 1973. The date in 1973, had already passed and could not possibly have been intended by him. It must have been a clerical error, and could properly be read as intended to refer to 1975.
Held: The notice was effective to determine the lease on 27 September 1975. ‘In an option clause the requirement is that a party must strictly comply with the condition for its exercise. If the condition includes the giving of a particular notice, it seems to me that the logical first approach is to interpret the notice, looking at the words and applying legal principles to their construction, and then ask whether it complies with the strict requirements as to the exercise of the option . . a benevolent approach could be applied in this case . . because reasonably read by a reasonable tenant the mistake is obvious on the face of it, and there is no doubt what the mistake was. Therefore one interprets the notice as asserting an intention to determine in 1975. It is true that if whoever made the mistake had typed 1976 instead of 1973, the error would probably have been incurable because although the tenant might suspect there was a slip, it might be that the landlord did intend 1976, not knowing or understanding his rights under the lease. In such a case the tenant would be entitled to disregard the notice but because a past date was given in the notice it is insensible and therefore an authority such as the Duke of Bedford’s case is in point.’

Court: ChD
Date: 01-Jan-1976
Judges: Goulding J
References: [1976] 1 WLR 442, [1976] 1 All ER 573
Cases Cited:
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Filed under Landlord and Tenant

Evans and Son (Portsmouth) Ltd -v- Andrea Merzario Ltd; CA 1976

The defendants had carried previously goods aboard ship for the plaintiffs. This time, they were asked for and gave an oral re-assurance to the plaintiffs that the goods would be carried below deck. This did not happen and the goods were swept overboard.
Held: The carrier could not rely on his usual exceptions (including a limitation of liability to £50 per ton) The oral undertaking that the goods would be carried under deck amounted to a collateral contract.
Lord Denning said: ‘But even in respect of promises as to the future, we have a different approach nowadays to collateral contracts. When a person gives a promise or an assurance to another, intending that he should act on it by entering into a contract, and he does act on it by entering into the contract, we hold that it is binding.’ and ‘it seems to me plain that Mr Spano gave an oral promise or assurance that the goods in this new container traffic would be carried under deck. He made the promise in order to induce Mr Leonard to agree to the goods being carried in containers. On the faith of it, Mr Leonard accepted the quotations and gave orders for transport. In those circumstances the promise was binding. There was a breach of that promise and the forwarding agents are liable – unless they can rely on the printed conditions.’
Roskill LJ: ‘The real question, as I venture to think, is not whether one calls this an assurance or a guarantee, but whether that which was said amounted to an enforceable contractual promise by the defendants to the plaintiffs that any goods thereafter entrusted by the plaintiffs to the defendants for carriage from Milan to the United Kingdom via Rotterdam and thence by sea to England would be shipped under deck.’

Court: CA
Date: 01-Jan-1976
Judges: Lord Denning MR, Roskill and Geoffrey Lane LJJ
References: [1976] 1 WLR 1078, [1976] 2 All ER 930
Cited By:

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Filed under Contract, Transport

Regina -v- Belfon; 1976

A defendant incapable of forming a full intent should not be convicted of a crime requiring a specific intent. It is not foresight but intention which constitutes the mental element in murder.

Date: 01-Jan-1976
Judges: Wien J
References: [1976] 1 WLR 741,

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Filed under Crime

In re W (Children); CA 4-Jul-2007

Court: CA
Date: 04-Jul-2007
Links: Bailii,
References: [2007] EWCA Civ 753,

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Filed under Children

Mcallister -v- Belfast City Council; NIIT 4-Jul-2007

NIIT The decision of the tribunal is that the tribunal has no jurisdiction to hear and to determine, firstly, the claimant’s complaint of unlawful discrimination on grounds of religion and political opinion and, secondly, the claimant’s complaint of unfair dismissal. Both the complaints are dismissed by the tribunal, without further order.

Court: NIIT
Date: 04-Jul-2007
Links: Bailii,
References: [2007] NIIT 59_06,

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Filed under Employment, Northern Ireland

Morgan -v- Carmichael; FENI 4-Jul-2007

The unanimous decision of the Tribunal is that the claimant was unfairly dismissed and suffered discrimination as a result of his religion or political opinion. He was also entitled to unpaid holiday pay.

Court: FENI
Date: 04-Jul-2007
Links: Bailii,
References: [2007] NIFET 183_04,

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Filed under Discrimination, Northern Ireland

Kocak And Others -v- Turkey; ECHR 21-Dec-2006

Court: ECHR
Date: 21-Dec-2006
Statutes: European Convention on Human Rights
Links: Bailii,
References: 23720/02, [2006] ECHR 1138,

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Filed under Human Rights

3 Avondale Road – Eastbourne : Midland : Birmingham; LVT 11-Sep-2006

LVT Houses/Flats – Enfranchisement, Lease Extensions & Compensation for Loss

Court: LVT
Date: 11-Sep-2006
Links: Bailii,
References: [2006] EWLVT CHI_LV_HEL_21UC_0

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Filed under Landlord and Tenant

Flat 1 22 Avondale Road – Croydon : London; LVT 11-Sep-2006

LVT Service Charges

Court: LVT
Date: 11-Sep-2006
Links: Bailii,
References: [2006] EWLVT LON_LV_SVC_00AH_0

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Filed under Landlord and Tenant

34 Invicta Road – Greenwich : London; LVT 11-Sep-2006

LVT Service Charges

Court: LVT
Date: 11-Sep-2006
Links: Bailii,
References: [2006] EWLVT LON_LV_SVC_00AL_0

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Filed under Landlord and Tenant

6 & 7 Vicarage Gate – Kensington and Chelsea : London; LVT 11-Sep-2006

LVT Service Charges

Court: LVT
Date: 11-Sep-2006
Links: Bailii,
References: [2006] EWLVT LON_LV_SVC_00AW_0

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Filed under Landlord and Tenant

Millington Court Mill Lane – Wealden : Midland : Birmingham; LVT 11-Sep-2006

LVT Service Charges

Court: LVT
Date: 11-Sep-2006
Links: Bailii,
References: [2006] EWLVT CHI_LV_SVC_21UH_0

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Filed under Landlord and Tenant

Granville Square – Southwark : London; LVT 11-Sep-2006

LVT Service Charges

Court: LVT
Date: 11-Sep-2006
Links: Bailii,
References: [2006] EWLVT LON_LV_SVC_00BE_0

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Filed under Landlord and Tenant

Flat 3 50 Sutherland Avenue – Westminster : London; LVT 11-Sep-2006

LVT Appointment of Manager

Court: LVT
Date: 11-Sep-2006
Links: Bailii,
References: [2006] EWLVT LON_LV_AOM_00BK_0

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Filed under Landlord and Tenant

118 Como Street – Havering : London; LVT 11-Sep-2006

LVT Variation of Leases

Court: LVT
Date: 11-Sep-2006
Links: Bailii,
References: [2006] EWLVT LON_LV_VOL_00AR_0

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Filed under Landlord and Tenant

Ye Hung Wu for Judicial Review of A Decision By the Secretary of State for the Home Department; OHCS 11-Aug-2006

Court: OHCS
Date: 11-Aug-2006
Judges: Lord Brodie
Links: ScotC,
References:

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Filed under Immigration, Scotland

Sanderson, Griffin -v- Exel Management Services Limited; EAT 12-May-2006

EAT Working Time Regulations – (no sub-topic).

Court: EAT
Date: 12-May-2006
Judges: The Honourable Mr Justice Silber
Links: EAT,
References: UKEAT/0194/06,

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Filed under Employment

Lait -v- Williams and Another; TCC 23-Mar-2006

Court: TCC
Date: 23-Mar-2006
Judges: Peter Coulson QC
Links: Bailii,
References: [2006] EWHC 633 (TCC),

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Filed under Nuisance

Regione Autonoma Della Sardegna -v- Commission; ECFI 14-Dec-2005

ECFI State Aid – Measures of the Italian authorities to offset the damage caused by ovine catarrhal fever (bluetongue) – Guidelines for State aid in the agricultural sector

Court: ECFI
Date: 14-Dec-2005
Links: Bailii,
References: T-200/04, [2005] EUECJ T-200/04

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Filed under Agriculture, European

Delgable Ltd -v- Perinpanathan; CA 14-Dec-2005

Court: CA
Date: 14-Dec-2005
Statutes: Landlord and Tenant Act 1954
Links: Bailii,
References: [2005] EWCA Civ 1724,

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Filed under Landlord and Tenant

Broniowski -v- Poland; ECHR 28-Sep-2005

Court: ECHR
Date: 28-Sep-2005
Statutes: European Convention on Human Rights
Links: Bailii,
References: 31443/96, [2005] ECHR 647,
Cases Cited:
Cited By:

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Filed under Human Rights

Halton International Inc (Holding) and Another -v- Guernroy Ltd; ChD 9-Sep-2005

Court: ChD
Date: 09-Sep-2005
Judges: Patten J
Links: Bailii,
References: [2005] EWHC 1968 (Ch),
Cases Cited:
Cited By:

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Filed under Company

Walker -v- Milton Keynes General NHS Trust; Admn 8-Jul-2005

Court: Admn
Date: 08-Jul-2005
Judges: Frances Kirkham J
Links: Bailii,
References: [2005] EWHC 3095 (Admin),

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Filed under Personal Injury, Professional Negligence

Clowes Developments (UK) Ltd. -v- Walters and others; ChD 20-Apr-2005

Court: ChD
Date: 20-Apr-2005
Links: Bailii,
References: [2005] EWHC 669 (Ch),

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Filed under Limitation, Registered Land

McCann -v- C & S Hunter & Sons (Contractors) Ltd; NIIT 16-Feb-2005

Redundancy pay award.

Court: NIIT
Date: 16-Feb-2005
Links: Bailii,
References: [2005] NIIT 2692_04,

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Filed under Employment, Northern Ireland

Triodos Bank Nv -v- Dobbs and Another; ChD 8-Feb-2005

Court: ChD
Date: 08-Feb-2005
Judges: The Hon Mr Justice Lightman
Links: Bailii,
References: [2005] EWHC 108 (Ch),
Cases Cited:
Cited By:

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Filed under Contract

Pinnacle Cloud Solutions Ltd -v- Braveheart Technology Ltd and Others; SCS 28-Oct-2014

Outer House, Court of Session – Order on settlement of associated principle action.

Court: SCS
Date: 28-Oct-2014
Judges: Lord Tyre
Links: Bailii,
References: [2014] ScotCS CSOH_154,

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Filed under Scotland

In The Petition of Tesco Stores Ltd for Judicial Review of A Decision of Perth and Kinross Council Dated 13 November 2013; SCS 23-Oct-2014

Outer House, Court of Session – petition for judicial review concerns a decision by the Perth and Kinross Council the relevant planning authority, to agree to the removal of a condition in an agreement between itself and Sainsbury’s Supermarkets Limited.

Court: SCS
Date: 23-Oct-2014
Judges: Lord Glennie
Links: Bailii,
References: [2014] ScotCS CSOH_153,

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Filed under Planning, Scotland

Nationwide Gritting Services Ltd -v- The Scottish Ministers; SCS 17-Oct-2014

Outer House, Court of Session – NGS claims that the defenders breached public procurement law by failing to hold a competitive tendering procedure in the purchase of gritting salt.

Court: SCS
Date: 17-Oct-2014
Judges: Lord Woolman
Links: Bailii,
References: [2014] ScotCS CSOH_151,

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Filed under Administrative, Scotland

Bishop -v- 3I Investments Plc; SCS 17-Oct-2014

Outer House Court of Session

Court: SCS
Date: 17-Oct-2014
Judges: Lord Woolman
Links: Bailii,
References: [2014] ScotCS CSOH_152,

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Filed under Employment, Financial Services, Scotland

Royal Bank of Scotland Plc -v- ODonnell and Mcdonald; SCS 16-Oct-2014

Extra Division Inner House Court of Session. The reclaimers have brought proceedings against the respondents to enforce a guarantee that the respondents had purportedly granted in support of the borrowings of a company controlled by them. The respondents have counterclaimed for reduction of the guarantee on the ground that it was induced by misrepresentations made by the reclaimers.

Court: SCS
Date: 16-Oct-2014
Judges: Lord Bracadale, Lord Drummond Young, Lord Wheatley
Links: Bailii,
References: [2014] ScotCS CSIH_84,

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Filed under Banking, Scotland, Torts - Other

In The Application For Leave To Appeal Under The Tribunals and Courts Enforcement Act 2007 Section 13 By IU and Others; SCS 16-Oct-2014

Extra Division, Inner House Court of Session

Court: SCS
Date: 16-Oct-2014
Judges: Lady Clark of Calton
Links: Bailii,
References: [2014] ScotCS CSIH_85,

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Filed under Immigration, Scotland

T Clarke (Scotland) Ltd -v- Mmaxx Underfloor Heating Ltd; SCS 15-Oct-2014

A reclaiming motion by the pursuer against an interlocutor by which the Lord Ordinary refused to grant interim interdict against the respondent and defender from referring for adjudication any disputes arising from a contract between the pursuer and the defender.

Court: SCS
Date: 15-Oct-2014
Judges: Lord Eassie, Lord Bracadale, Lord Drummond Young
Links: Bailii,
References: [2014] ScotCS CSIH_83,

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Filed under Contract, Scotland

Gray -v- Watson and Others; SCS 8-Oct-2014

Reclaiming motion is brought in a petition for judicial review.

Court: SCS
Date: 08-Oct-2014
Judges: Lord Eassie, Lord Menzies, Lord Malcolm
Links: Bailii,
References: [2014] ScotCS CSIH_81,

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Filed under Company, Scotland

Danosa -v- LKB Lizing SIA; ECJ 2-Sep-2010

ECJ Opinion – Social Policy – Directive 92/85 – Scope – Member of executive committee of a company – Worker – Existence of a relationship – Legislation authorizing the dismissal of a member of the Executive Committee of unrestricted capital company considering her pregnancy – Equal treatment for men and women.

Court: ECJ
Date: 02-Sep-2010
Judges: Bot AG
Statutes: Directive 92/85
Links: Bailii,
References: C-232/09, [2010] EUECJ C-232/09
Cited By:

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Filed under Discrimination, European

Doorga Prosad Chamaria -v- The Secretary of State; PC 18-Jan-1945

Fort William (Bengal)

Court: PC
Date: 18-Jan-1945
Links: Bailii,
References: [1945] UKPC 3,

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Filed under Commonwealth

Coleman -v- Attridge Law, Law; ECJ 17-Jul-2008

ECJ Grand Chamber – Social policy – Directive 2000/78/EC – Equal treatment in employment and occupation – Articles 1, 2(1), (2)(a) and (3) and 3(1)(c) – Direct discrimination on grounds of disability – Harassment related to disability – Dismissal of an employee who is not himself disabled but whose child is disabled – Included – Burden of proof

Court: ECJ
Date: 17-Jul-2008
Statutes: Directive 2000/78/EC 1 2(1) 2(2)(a) 3
Links: Bailii,
References: [2008] EUECJ C-303/06, ECLI:EU:C:2008:415
Cases Cited:
Cited By:

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Filed under Discrimination, European

Halawi -v- WDFG UK Ltd (T/A World Duty Free); CA 28-Oct-2014

The claimant said that she had been discriminated against on the grounds of her religion. She worked as a beauty consultant at the airport, but through a limited company. Her airside pass had been withdrawn. She now appealed against rejection of her claim that she was a worker by both the Employment Tribunal and by the Employment Appeal tribunal.

Court: CA
Date: 28-Oct-2014
Judges: Arden, Christopher Clarke LJJ, Barling J
Statutes: Framework Directive 2000/78, Equality Act 2010 83
Links: Bailii,
References: [2014] EWCA Civ 1387,
Cases Cited:

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Filed under Discrimination

Lyallpur Bank Limited -v- Ramji Das (Deceased) Through His Sons, and Others; PC 18-Jan-1945

Oudh

Court: PC
Date: 18-Jan-1945
Links: Bailii,
References: [1945] UKPC 2,

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Filed under Commonwealth

Barwick -v- English Joint Stock Bank; 1867

When considering the vicarious liability of a master for the acts of his servant, no sensible distinction could be drawn between the case of fraud and any other wrong. The general rule was that: ‘the master is answerable for every such wrong of the servant or agent as is committed in the course of the service and for the master’s benefit, though no express command or privity of the master be proved’ (my emphasis).’It is true, [the master] has not authorized the particular act, but he has put the agent in his place to do that class of acts, and he must be answerable for the manner in which the agent has conducted himself in doing the business which it was the act of his master to place him in.’

Date: 01-Jan-1867
Judges: Willes J
References: (1867) LR 2 Ex 259,
Cited By:
  • Dubai Aluminium Company Limited -v- Salaam and Others, HL, Cited, (House of Lords, Times 06-Dec-02, Bailii, [2003] 1 Lloyd's Rep 65, [2002] UKHL 48, [2002] 3 WLR 1913, [2003] 2 AC 366, [2003] 1 All ER 97, [2003] 2 All ER (Comm) 451, [2003] 1 LLR 65, [2003] 1 BCLC 32, [2003] IRLR 608, [2003] 1 CLC 1020, [2003] WTLR 163)
  • Lister and Others -v- Hesley Hall Ltd, HL, Cited, (Times 10-May-01, Gazette 14-Jun-01, Bailii, House of Lords, [2001] UKHL 22, [2002] 1 AC 215, [2001] 2 All ER 769, [2001] 2 FCR 97, (2001) 3 LGLR 49, [2001] NPC 89, [2001] Fam Law 595, [2001] 2 WLR 1311, [2001] IRLR 472, [2001] ICR 665, [2001] Emp LR 819, [2001] 2 FLR 307, [2001] ELR 422)

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Filed under Vicarious Liability

Danosa -v- LKB Lizing SIA; ECJ 11-Nov-2010

ECJ Social policy – Directive 92/85/EEC – Measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding – Articles 2(a) and 10 – Concept of ‘pregnant worker’ – Prohibition on the dismissal of a pregnant worker during the period from the beginning of pregnancy to the end of maternity leave – Directive 76/207/EEC – Equal treatment for men and women – Member of the Board of Directors of a capital company – National legislation permitting the dismissal of a Board Member without any restrictions

Court: ECJ
Date: 11-Nov-2010
Judges: J.N. Cunha Rodrigues, P
Statutes: Directive 92/85/EEC
Links: Bailii,
References: [2010] EUECJ C-232/09, ECLI:EU:C:2010:674,, [2011] 2 CMLR 2
Cases Cited:
Cited By:

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Filed under Discrimination, Employment, European

Yewens -v- Noakes; CA 1880

Bramwell LJ stated: ‘A person was an employee if his employer has the right to control not only what work he does but the way in which that work is done.’
An employee is ‘a person subject to the command of his master as to the manner in which he shall do his work’, and the master is liable for his acts, neglects and defaults, to the extent specified.

Court: CA
Date: 01-Jan-1880
Judges: Bramwell LJ
References: (1880) 6 QBD 530,

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Filed under Employment, Vicarious Liability

D & L Caterers Ltd -v- DAjou; 1945

Damages in favour of a corporate body in defamation cases are limited to financial damage.

Date: 01-Jan-1945
References: [1945] KB 364,
Cited By:

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Filed under Damages, Defamation

Roberts -v- J & F Stone Lighting and Radio Ltd; 1945

Claim for damages against witness who fails to attend court though summonsed when the case was lost.
Held: the reason why no such claim had in fact succeeded was because of the difficulty in establishing the loss.

Date: 01-Jan-1945
Judges: Asquith J
References: (1945) 172 LT 240,
Cited By:
  • Re N, CA, Cited, (Bailii, [1999] EWCA Civ 1452, [1999] Lloyd's Rep Med 257)

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Filed under Torts - Other

Cole -v- Harris; 1945

The court was aksed whether a single room was let as a separate dwelling.
Held: Sharing of the use of a bathroom or toilet need not prevent a tenancy being protected.

Date: 01-Jan-1945
References: [1945] KB 474,
Cited By:

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Filed under Landlord and Tenant

Picken -v- Lord Balfour of Burleigh; CA 1945

The rules of a pension scheme set up by a railway company provided for members’ contributions to be deducted from their salary, but in practice the deductions made had been less than they should have been.
Held: The rule in Cherry v Boultbee applied and the members were not entitled to receive their full pension without the under-contribution being first made good, even if by deduction.
Lord Greene MR said: ‘Whether that be so or not, it seems to me that, even if the only method of contribution provided for by the rule is that of deduction, that would not prevent the equitable principle from applying. When that principle is applied the recipient is deemed to have in his hands the money that he is claiming up to the amount of the deficiency in his own payments. Precisely the same thing must apply to the present case even if the only thing that the member contracted to do was to pay by way of deduction. Look at it how you will, this member has not contributed enough. In so far as his contributions are defective in amount, he has under-paid, under-contributed, and it would be, it seems to me, grossly inequitable that a man in that position could be heard to say: ‘Although I have not made the contributions by way of deduction which I ought to have made, I am now going to say that the application of the equitable rule is not permissible because that would involve making me contribute otherwise than by deduction, which is a thing I never contracted to do.’ That seems to me to be quite a wrong view of the way in which the equitable principle works. My decision does not result in forcing the plaintiffs to make an actual contribution otherwise than by way of deduction. If they come to make a claim then they have to do what is right and bring the fund up to its right level before they can claim to participate in it.’

Court: CA
Date: 01-Jan-1945
Judges: Lord Greene MR
References: [1945] Ch 90,
Cases Cited:
Cited By:

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Filed under Trusts

Cabell -v- Markham; 1945

In discussing the purposive approach to the interpretation of statutes, the judge held: ‘Of course it is true that the words used, even in their literal sense, are the primary, and ordinarily the most reliable, source of interpreting the meaning of any writing: be it a statute, a contract, or anything else. But it is one of the surest indexes of a mature developed jurisprudence not to make a fortress out of the dictionary; but to remember that statutes always have some purpose or object to accomplish, whose sympathetic and imaginative discovery is the surest guide to their meaning.’

Date: 01-Jan-1945
Judges: Justice Learned Hand
References: (1945) 148 F 2d 737,
Cited By:

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Filed under Constitutional

Rose -v- Plenty; CA 7-Jul-1975

Contrary to his employers orders, a milkman allowed children to assist him in his milkround. One was injured, and sued the milkman’s employer.
Held: The milkman had not gone so far outside the activities for which he was employed for the employer to escape liability. ‘The servant was, of course, employed at the time of the accident to do a whole number of operations. He was certainly not employed to give the boy a lift, and if one confines one’s analysis of the facts to the incident of injury to the plaintiff, then no doubt one would say that carrying the boy on the float – giving him a lift – was not in the course of the servant’s employment.’ After referring to Ilkiw. ‘he was employed as a roundsman to drive his float round his round and to deliver milk, to collect empties and to obtain payment. That was his job. . . He chose to disregard the prohibition and to enlist the assistance of the plaintiff. As a matter of common sense, that does seem to me to be a mode, albeit a prohibited mode, of doing the job with which he was entrusted. Why was the plaintiff being carried on the float when the accident occurred? Because it was necessary to take him from point to point so that he could assist in delivering milk, collecting empties and, on occasions obtaining payment.’
(Lawton LJ dissenting)

Court: CA
Date: 07-Jul-1975
Judges: Scarman LJ, Lord Denning MR,
Links: Bailii,
References: [1976] 1 WLR 141, [1975] EWCA Civ 5, [1976] 1 All ER 97, [1975] ICR 430
Cases Cited:
Cited By:

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Filed under Vicarious Liability

Cruh -v- Cruh; 1945

A man of Austrian or German origin had been recommended for deportation following a conviction for conspiracy. The Home Secretary intended to deport him as soon as it became practicable to do so.
Held: Until the recommendation was actually effected, the domicile of choice remained. Once that happens, however, the domicile is lost. Even though a party’s immigration status was such that he might be ordered to be removed, he could nevertheless acquire a domicile of choice in this country.

Date: 01-Jan-1945
Judges: Denning J
References: [1945] 2 All ER 545,
Cited By:

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Filed under Family

Peek -v- Towler; 1945

A driver of a vehicle who had been involved in an accident, remained under a duty to report the accident and to provide his particulars whether or not he had been requested to do so: ‘It would be a remarkable state of affairs if . . The obligations should only arise in cases where there has been some bystander who has asked for these particulars and where there has been a failue to comply with his request.’

Date: 01-Jan-1945
Judges: Tucker J
Statutes: Road Traffic Act 1930 822(2)
References: [1945] KB 458,
Cited By:

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Filed under Road Traffic

Neale -v- Del Soto; CA 1945

A letting of two of a number of rooms in a property together with joint use with the landlord of the kitchen, bathroom, lavatory and conservatory was not a letting of the two rooms as a separate dwelling, but a sharing of the property. The letting was not secure.

Court: CA
Date: 01-Jan-1945
References: [1945] KB 144, [1945] 1 All ER 191
Cited By:

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Filed under Housing, Landlord and Tenant

Docherty -v- H M Advocate; 1945

At trial, the judge had failed to make clear to the jury that the conviction of the appellant on a charge of murder depended on whether there was satisfactory proof of having acted in concert with others.
Held: Lord Moncrieff commented on an illustration which the trial judge had given to the jury in the course of his charge, saying: ‘It is true that if people acting in concert have reason to expect that a lethal weapon will be used – and their expectation may be demonstrated by various circumstances, as, for example, if they themselves have carried arms or if they know that arms and lethal weapons are being carried by their associates – they may then under the law with regard to concert each one of them become guilty of murder if the weapon is used with fatal results by one of them. In view of their assumed expectation that it might be used, and of their having joined together in an act of violence apt to be completed by its use, they will be assumed in law to have authorised the use of the fatal weapon, and so to have incurred personal responsibility for using it. If, on the other hand, they had no reason to expect that any one among them would resort to any such act of violence, the mere fact that they were associated in minor violence would not be conclusive against them; and the lethal act, as being unexpected, will not be ascribed to a joint purpose so as to make others than the principal actor responsible for the act’. This distinction had the support of many authorities. Secondary responsibility for a criminal act arises only in cases of reasonable expectation. Commenting on the circumstances of the case: ‘But in this case the weapon which was used was a hatchet which was the property of the appellant and which must have been present visibly in the room; and it seems to me that in these circumstances either of the assailants must have ascribed to him a common expectation that in the stress of the event the other might snatch up anything which was handy and which was adapted to achieve the joint purpose’.

Date: 01-Jan-1945
Judges: Lord Moncrieff
References: 1945 J C 89,
Cited By:

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Filed under Crime, Scotland

Nahhas -v- Pier House (Cheyne Walk) Management Ltd; 1984

A payment by a third party insurance broker to the daughter of a valued client made for benevolent and commercial reasons did not reduce the claim on the tortfeasor a position which would also, should it have been necessary, have been justified by the ordinary principles of subrogation.

Date: 01-Jan-1984
Judges: Mr Denis Henry QC
References: [1984] 1 EGLR 160, (1984) 270 EG 328

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Filed under Vicarious Liability