Partners Liable for Dishonest Act of Solicitor A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners. Held: The acts complained of were so close to the activities which a solicitor would normally undertake, that … Continue reading Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002
The claimant sought the return of money paid by him for a painting. He said it had been sold to his agent as by ‘Van Dyck’ but subsequently proved not to be so. He had employed an agent to acquire the painting, but the agent had not disclosed to him a letter from the defendants, … Continue reading Drake v Thos Agnew and Sons Limited: QBD 8 Mar 2002
Citations: [2001] EWCA Civ 956, [2001] 25 EGCS 158, [2002] L and TR 10 Links: Bailii Statutes: Leasehold Reform Housing and Urban Development Act 1993 24 Jurisdiction: England and Wales Landlord and Tenant Updated: 29 September 2022; Ref: scu.218257
The claimant said that the defendant had infriged its rights by the use of its logo on their publications. Judges: Proudman J Citations: [2011] EWHC 1489 (Ch) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Ladbroke (Football) Ltd v William Hill (Football) Ltd HL 1964 What is substantial copyingThe plaintiff alleged copying of their … Continue reading Future Publishing Ltd v The Edge Interactive Media Inc and Others: ChD 13 Jun 2011
A sought confirmation that it had successfully rescinded a contract for the purchase of a leasehold property from L. Either party was to be able to rescind, if consent to the assignment had not obtained before three days before completion. There appeared to be confusion as to whether consent had been indicated between the solicitors. … Continue reading Aubergine Enterprises Limited v Lakewood International Limited: CA 26 Feb 2002
The EAT considered the effect of an employer’s failure to comply with the statutory procedures in a redundancy. Held: ‘there is an automatically unfair dismissal where there is a failure fully to comply with any relevant statutory procedure. Compliance with the statutory procedure does not, however, mean that the dismissal is necessarily fair or cannot … Continue reading Alexander and Hathersley v Bridgen Enterprises Ltd: EAT 29 Mar 2006
(Court of Appeal of New Zealand) the issue concerned a transitional provision in legislation which amended the Commerce Act 1986. The amending Act stated that it did not affect ‘any proceedings commenced’ before its own commencement. The question before the Board was whether an application by the appellant for clearance of a proposed business acquisition, … Continue reading Progressive Enterprises Ltd v Foodstuffs (Auckland) Ltd and Another: PC 23 May 2002
Civil servants had been transferred to a private company. At first they worked under secondment from the civil service. They asserted that they had protection under TUPE and the Acquired Rights Directive. The respondent said that there had only been a transfer over time, so as to diminish their periods of continuous employment. The matter … Continue reading North Wales Training and Enterprise Council Ltd v Astley and others: HL 21 Jun 2006
EAT Practice and Procedure – Estoppel or Abuse of Process. Judges: The Honourable Mr Justice Burton Citations: [2004] UKEAT 0348 – 04 – 1907, UKEATPA/0348/04 Links: Bailii, EAT Jurisdiction: England and Wales Citing: See Also – Bezant and Another v Tertiary Enterprises Ltd EAT 8-Jul-2002 . . See Also – Bezant and Another v Tertiary … Continue reading Bezant v Tertiary Enterprises Ltd: EAT 19 Jul 2004
Citations: [2002] UKEAT 1308 – 01 – 0807 Links: Bailii Jurisdiction: England and Wales Cited by: See Also – Bezant and Another v Tertiary Enterprises Ltd EAT 10-Apr-2003 EAT Unfair Dismissal – Other . .See Also – Bezant v Tertiary Enterprises Ltd EAT 19-Jul-2004 EAT Practice and Procedure – Estoppel or Abuse of Process. . … Continue reading Bezant and Another v Tertiary Enterprises Ltd: EAT 8 Jul 2002
EAT Unfair Dismissal – Other Judges: The Honourable Mr Justice Burton (P) Citations: [2003] UKEAT 1308 – 01 – 1004, EAT/1308/01 and EAT/106/02 Links: Bailii, EAT Jurisdiction: England and Wales Citing: See Also – Bezant and Another v Tertiary Enterprises Ltd EAT 8-Jul-2002 . . Cited by: See Also – Bezant v Tertiary Enterprises Ltd … Continue reading Bezant and Another v Tertiary Enterprises Ltd: EAT 10 Apr 2003
The Tribunal gave guidance to adjudicators on the proper approach to the Refugee Convention’s Exclusion Clauses at Art 1F. The claimant had been a film star but was said to have become involved in a Maoist movement said to be involved in terrorism. Held: ‘If the Nepalese authorities saw the appellant as a member of … Continue reading IG (Indra Gurung) (Exclusion, Risk, Maoists) Nepal CG (Starred): IAT 14 Oct 2002
Judges: Laws LJ Citations: [2002] EWCA Civ 1775 Links: Bailii Jurisdiction: England and Wales Contract Updated: 27 June 2022; Ref: scu.217655
The applicant said that its land had been misappropriated, and sought rectification of the register against the respondent who was a successor in title having bought the land from the wrongdoer. Held: On registration, section 69 operated to vest only the legal title in the prior registered proprietor. The transfer being of no effect in … Continue reading Malory Enterprises Ltd v Cheshire Homes (UK) Ltd and others: CA 22 Feb 2002
Having been convicted of theft, a confiscation order had been made against which the appellant appealed. The Court of Appeal certified a question of whether confiscation provisions under the 1988 Act were in breach of the defendant’s human rights. Are applications for confiscation orders criminal proceedings under the Convention, and if so do the assumptions … Continue reading Regina v Rezvi: HL 24 Jan 2002
The parties were landlord and tenant. The landlords served a notice to increase the rent, but the tenant failed to serve a counter-notice within the relevant period. The landlord claimed the tenant was bound, and appealed a decision against them. Held: The appeal succeeded. The Mecca case was wrongly decided. The deeming provision in the … Continue reading Starmark Enterprises Ltd v CPL Distribution Ltd: CA 31 Jul 2001
The company was the assignee of a lease. The rent appears to have been payable in advance on the usual quarter days. The company went into liquidation in November 1971. At some time before April 1972 the liquidator instructed agents to market the lease and it was assigned to a purchaser in January 1973. Rent … Continue reading In re Downer Enterprises Ltd: ChD 1974
A judge has power to reconsider a judgement which he has delivered before the order consequent upon it has been sealed, but the judge should only exercise this power if there are strong reasons for doing so. When oral judgments have been given the successful party ought, save in the most exceptional circumstances, to be … Continue reading In re Barrell Enterprises: CA 1972
PC (New Zealand) The claimants asserted that the respondents had wrongly terminated their franchise licence. The agreement was subject to the New South Wales law requiring good faith, but the court had not had expert assistance for interpretation. Held: Whatever the underlying law, the agreement depended upon the parties acting in good faith and working … Continue reading Dymocks Franchise Systems (NSW) Pty Limited v Todd and Todd, Bilgola Enterprises Ltd and Lambton Quay Books Ltd: PC 7 Oct 2002
Four appellants conspired to defraud banks and others. The prosecution alleged a sophisticated and well organised conspiracy involving the appellants and others. Mail was redirected to addresses to which the conspirators had access. Credit cards so received would be used until the credit card limit had been reached. Fingerprint and handwriting evidence revealed the links … Continue reading Regina v McKechnie: CACD 2002
The Charterers appealed a refusal to allow an appeal from a decision in an arbitration. Held: The 1979 Act changed the situation fundamentally. The test was not just whether the decision was probably wrong, but the wider test allowed an appeal on a point of general public importance, provided only that the decision allowed of … Continue reading CMA CGM S A v Beteiligungs-Kommanditgesellschaft ‘Northern Pioneer’ Schiffahrtgesellschaft Mbh and Co and others: CA 18 Dec 2002
EAT Unfair Dismissal : Mitigation of Loss – DISCRIMINATION: JURISDICTIONAL POINTS: Extension of time: just and equitable In a case where the claimant had succeeded in a claim of constructive unfair dismissal, the Employment Tribunal erred in its approach to mitigation of loss. The judgment contained no acknowledgment of where the onus of proof lay. … Continue reading Donald v AVC Media Enterprises Ltd: EAT 9 Nov 2016
A company went into liquidation, being owed substantial sums by another company in the same group, but itself insolvent. A settlement did not include accrued interest, but was claimed to be taxed as if it had, and on an accruals basis. If so, was this an expense properly arising in the insolvency, and payable as … Continue reading Kahn and Another v Commissioners of Inland Revenue; In re Toshoku Finance plc: HL 20 Feb 2002
A creditor sought an order to replace the company liquidator. Held: Such orders were discretionary, but courts should not grant them too readily. It was for the applicant to show good reason for the order. The circumstances would vary widely, and the court should not try to delimit the kind of situations where an application … Continue reading AMP Enterprises Ltd v Hoffman and Another: ChD 25 Jul 2002
The company made selections for redundancy, but failed to give the appellants information about how the scoring system had resulted in the figures allocated. The calculations left their representative unable to challenge them on appeal. The procedure adopted did not follow the statutory rules, but the tribunal had found the dismissals to be fair. The … Continue reading Alexander and Hatherley v Bridgen Enterprises Ltd: EAT 12 Apr 2006
A party sought to re-open a judgment on the Court of Appeal after it had been perfected. A case had been tried before a judge. One party had asked for a different judge to be appointed, after the judge disclosed that he had been a client of the firm of solicitors representing the opposing party, … Continue reading Taylor v Lawrence: CA 4 Feb 2002
The defendant appealed against a striking out of part of its defence to the claim of defamation, pleading justification. Held: The Human Rights Convention had not itself changed the conditions for a plea of justification based upon reasonable belief that the claimant had acted criminally. The three conditions were: the inability to rely upon hearsay, … Continue reading Chase v Newsgroup Newspapers Ltd: CA 3 Dec 2002
The defendant auctioneer sold a painting to the plaintiff which turned out to be a forgery. The plaintiff appealed against a finding that it had not relied upon the attribution, saying that there had been a breach of the requirement that the paintig . .
The claimant obtained an interim injunction in respect of alleged infringement of its trade marks in beers brewed under licence by the respondents. They said the beers produced were of inferior quality, and threatened the brand. The grant of such . .
The claimant had obtained an interim injunction against the defendant for copyright infringement, though it could show no losses. It now sought additionally damages. The defendant argued that it could not have both.
Held: The case arose form . .
EAT PRACTICE AND PROCEDURE
PRACTICE AND PROCEDURE – Case management
PRACTICE AND PROCEDURE – Preliminary issues
On 12 March 2015, at a telephone Case Management Preliminary Hearing, . .
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The OFT had considered whether it was necessary to refer a merger between two companies to the Competition Commission, and decided against. The Competition Appeal Tribunal held that the proposed merger should have been referred. The OFT and parties appealed. Held: The Tribunal had misdirected itself as to one test. The statutory test required the … Continue reading Office of Fair Trading and others v IBA Health Limited: CA 19 Feb 2004
The association challenged the respondent’s decision not to refer to review the activities of newspaper and magazine distributors. Citations: [2012] CAT 27 Links: Bailii Statutes: Enterprise Act 2002 Commercial Updated: 14 November 2022; Ref: scu.471834
The claimant sought to challenge a decision of the Competition Commission requiring it to sell Stansted Airport. Judges: Mummery, Rimer, Sullivan LJJ Citations: [2012] EWCA Civ 1077 Links: Bailii Statutes: Enterprise Act 2002 Jurisdiction: England and Wales Commercial Updated: 04 November 2022; Ref: scu.463704
Where there are possibly competing decisions of a court of a member state and of the European Courts the duty of co-operation goes beyond avoiding inconsistent decisions, extending to the exercise of overlapping jurisdictions. Judges: Chancellor, Hughes, MacFarlane LJJ Citations: [2012] EWCA Civ 643 Links: Bailii Statutes: EC Merger Regulation 139/2004, Enterprise Act 2002 Jurisdiction: … Continue reading Ryanair Holdings Plc v The Office of Fair Trading and Another: CA 22 May 2012
The complainant made a request for information through his solicitors for information concerning trading standards investigations conducted by Luton Borough Council (the council) which were similar to the investigation the council conducted into his business. The council refused to provide the requested information stating it was exempt from disclosure under section 44 of the FOIA … Continue reading Luton Borough Council (Decision Notice): ICO 29 Jul 2013
The complainant has requested all documents held by Kent County Council in consequence of the complaints he made regarding the defrosted weight of frozen fish fillets. The council cited section 237 of the Enterprise Act 2002 as a statutory bar on disclosure. The Commissioner’s decision is that the council has correctly applied the exemption at … Continue reading Kent County Council (Decision Notice): ICO 29 Jul 2013
Interlocutory appeal raising a jurisdictional issue connected with the relatively new ‘cartel’ offence created by section 188 Enterprise Act 2002. Judges: Hughes LJ, David Clarke J, Morris QC J Citations: [2009] EWCA Crim 2575, [2010] Lloyd’s Rep FC 206, [2010] UKCLR 1, [2010] 1 Cr App R 16, [2010] Bus LR 748, [2010] 2 All … Continue reading IB v Regina: CACD 9 Dec 2009
CAT Ruling of the Tribunal on an application by Eventim for an order that the Commission pay its costs. The Tribunal considered that, as Eventim was the successful party, the starting point should be that it was entitled to its costs. However the Tribunal concluded that Eventim should be only entitled to recover seventy-five per … Continue reading CTS Eventim Ag v Competition Commission: CAT 18 Feb 2010
Challenge to competition report on provision of airport services. Judges: Barling J Citations: [2009] CAT 35 Links: Bailii Statutes: Enterprise Act 2002 Jurisdiction: England and Wales Commercial, Transport Updated: 22 August 2022; Ref: scu.421798
The defendants were senior executives of BA. They made interlocutory appeals while undergoing trials for alleged price fixing under section 188 of the 2002 Act. The judge had ruled that the prosecutor need prove dishonesty only as against the defendants, and need not do so as against other parties to the transactions (similar officers of … Continue reading Regina v George and Others: CACD 28 May 2010
The defendants appealed against sentences imposed for operating a criminal cartel. They said that the Court had used as a guideline minimum sentences which had been agreed in a plea bargain for a similar offence in the USA. Held: The non-exhaustive list of relevant factors was ‘The gravity and nature of the offence, the duration … Continue reading Whittle and Others, Regina v: CACD 14 Nov 2008
The company challenged the appointment of administrative receivers, saying there had been no insolvency. Held: No question arises of a derivative action arose here. The claimant had standing to apply for declaratory relief since they were directly affected by the appointment. As to the appointment itself ‘it is inconceivable that in enacting the relevant provisions … Continue reading Cabvision Ltd v Feetum and others: CA 20 Dec 2005
Judges: Etherton J Citations: [2005] EWHC 1080 (Ch) Links: Bailii Statutes: Consumer Protection Act 1987, Control of Misleading Advertisements Regulations 1988, Enterprise Act 2002 Jurisdiction: England and Wales Consumer, Media Updated: 30 June 2022; Ref: scu.226157
The complainant has requested information from Northamptonshire County Council (‘the council’) relating to Equita Ltd and Northamptonshire Trading Standards. The council cited section 237 of the Enterprise Act 2002 as a statutory bar on disclosure. The Commissioner’s decision is that the council has correctly applied the exemption at section 44 of the FOIA and does … Continue reading Nottinghamshire County Council (Decision Notice): ICO 21 May 2013
The OFT sought an order to restrain the defendants from continuing what it said were unfair commercial practices in the arrangements it made for prize draws. Held: Each of the promotions relied upon by the Office contravened the Regulations. The order was granted requiring the respondent not to: ‘create the false impression that the consumer … Continue reading Office of Fair Trading v Purely Creative Ltd and Others: ChD 2 Feb 2011
The complainant has requested a copy of the Vehicle Operator Services Agency (VOSA) accidents and defects database. VOSA has relied on several exemptions to withhold the information: the information is personal data (section 40), the information was provided in confidence (section 41), the information is subject to a statutory bar (section 44) and the information … Continue reading Vehicle and Operator Services Agency (Decision Notice): ICO 25 Sep 2013
The administrator sought to move direct from an administration to insolvency proceedings without first closing the administration by a court order. Held: The 2002 was intended to allow such a procedure. Judges: Blackburne J Citations: Times 28-Oct-2004, [2005] 1 WLR 1928 Statutes: Enterprise Act 2002 Jurisdiction: England and Wales Cited by: Comments disapproved – In … Continue reading In re Ballast plc (in Administration) and Others: ChD 21 Oct 2004
The CA had earlier allowed an appeal by the company to hold the respondent’s decsion wrong that an event had occurred allowing it to intervene in the acquisition of a competitor’s assets. Leave to appeal to the Supreme Court remained pending, but the court now considered interim arrangements. Arden, Tomlinson LJJ, Sir Colin Rimer [2015] … Continue reading Societe Cooperative De Production Seafrance SA v Competition and Markets Authority: CA 10 Jul 2015
Transfer of proceedings to the Competition Appeal Tribunal. Barling J [2015] EWHC 3472 (Ch) Bailii Consumer Rights Act 2015, Enterprise Act 2002 16 England and Wales Commercial, Consumer Updated: 20 January 2022; Ref: scu.567236
The Council brought this unusual appeal pursuant to its powers as a General Enforcer under section 213 of the Enterprise Act 2002 to seek to restrain domestic infringements harmful to the collective interests of consumers. Tomlinson, Lewison LJJ [2016] EWCA Civ 152 Bailii Enterprise Act 2002 213 England and Wales Consumer, Local Government Updated: 12 … Continue reading Swindon Borough Council v Webb (T/A Protective Coatings): CA 16 Mar 2016
The CMA had decided to intervene in purchases by the appellant from a competitor when it ceased trading.The French court had ordered the sale of the assts. Held: UK law distinguishes between the acquisition of assets constituting a business and the acquisition of ‘bare’ assets. Concentrations arising from the acquisition of bare assets are not … Continue reading Societe Cooperative De Production Seafrance Sa v The Competition and Markets Authority and Another: SC 16 Dec 2015
Judgment [2015] CAT 5 Bailii Enterprise Act 2002 179 Commercial Updated: 02 January 2022; Ref: scu.549886
[2015] CAT 2 Bailii Enterprise Act 2002 120 England and Wales Citing: See Also – Groupe Eurotunnel Sa v Competition Commission and Others CAT 4-Dec-2013 . . See Also – Groupe Eurotunnel SA v Competition Commission CAT 30-Aug-2013 . . See Also – Groupe Eurotunnel SA v Competition and Markets Authority CAT 9-Jan-2015 Judgment . … Continue reading The Societe Cooperative De Production Seafrance SA v Competition and Markets Authority (Ruling (Permission To Appeal): CAT 20 Jan 2015
The company appealed against the rejection of its challenge to a decision that the conditions had arisen allowing the defendant to intervene in its purchase of certain shares in a rival cross channel ferry company. he question was whether part of the activities of the business of SeaFrance, or just a collection of its assets, … Continue reading Societe Cooperative De Production Seafrance Sa v Competition and Markets Authority: CA 15 May 2015
The Honourable Mr Justice Barling, (President), Professor John Pickering, Mr Graham Mather [2008] CAT 20 Bailii Enterprise Act 2002 179 England and Wales Commercial Updated: 29 December 2021; Ref: scu.276916
Sales J [2014] CAT 13 Bailii Enterprise Act 2002 22(1) Commercial Updated: 20 December 2021; Ref: scu.535737
Application for review under section 179 of the Enterprise Act 2002 to challenge a decision of the Competition and Markets Authority requiring, among other things, HCA to divest itself of some of the private hospitals it owns. Application for disclosure. Sales J [2014] CAT 11 Bailii Commercial, Health Professions Updated: 20 December 2021; Ref: scu.535736
Application by HCA International Limited to adduce expert evidence in the form of a report by an economist on an application for review under section 179 of the Enterprise Act 2002 to challenge a decision of the Competition and Markets Authority requiring, among other things, HCA to divest itself of some of the private hospitals … Continue reading HCA International Ltd v Competition and Markets Authority: CAT 9 Jul 2014
SIC Complaints regarding a named trader – On 12 December 2013, Ms G asked Argyll and Bute Council (the Council) for information concerning complaints made against a named trader. The Council withheld the information under the exemption in section 26(a) of FOISA on the basis that there was a prohibition on disclosure created by the … Continue reading G v Argyll and Bute Council: SIC 2 Jun 2014
ICO The complainant requested information concerning complaints made about a specific company. The OFT responded, stating that the information was exempt under section 43 (commercial interests) and that the public interest favoured maintaining the exemption. When the complaint was raised with the OFT they also invoked section 44 (statutory prohibitions) as the information was provided … Continue reading Office of Fair Trading (Decision Notice): ICO 25 Jul 2006
Richards, Beatson, Briggs LJJ [2014] EWCA Civ 482, [2014] WLR(D) 171 Bailii, WLRD Enterprise Act 2002 86(1) England and Wales Commercial Updated: 02 December 2021; Ref: scu.523734
LRA Family Law Act 1996 – home rights notice – meaning and effect of ‘intention’ in statute – Applicant’s evidence – property never occupied as a matrimonial home – whether husband ever had entitlement to occupy by virtue of a beneficial estate or interest or application – application opposed by Applicant’s husband’s trustee in bankruptcy … Continue reading Ellis-Carr v Levy (Home Rights : Requirements To Establish Interest): LRA 19 Nov 2013
The Office sought a declaration that the respondent and other banks were subject to the provisions of the Regulations in their imposition of bank charges to customer accounts, and in particular as to the imposition of penalties or charges for the breach of the overdraft limits. Held: The relevant terms were not exempt from assessment … Continue reading Office of Fair Trading v Abbey National Plc and seven Others: ComC 24 Apr 2008
Nothing in the 2003 changes to the 1986 Act operated so that a trustee in bankruptcy who sold an interest of the bankrupt for a deferred payment had not realised the interest. Accordingly, on the bankrupt’s release, that interest had been assigned out of the bankrupt’s estate and did not revert to him. Proudman J … Continue reading Lewis and Another v Metropolitan Property Realizations Ltd: ChD 21 Nov 2008
baa_ccCAT2012 The claimant company challenged a report of the Competition Commission requiring it to sell off Stansted airport. Sales J [2012] CAT 3 Bailii Enterprise Act 2002 179 Commercial Updated: 01 November 2021; Ref: scu.451287
Somerfield applied under section 120 of the 2002 Act for judicial review of the decision of the respondent, the CC as to its acquisition of stores Report concluded that the completed acquisition by Somerfield of 115 stores previously owned by Wm Morrison Supermarkets plc (‘Morrisons’) may be expected to result in a substantial lessening of … Continue reading Somerfield Plc v Competition Commission: CAT 13 Feb 2006
A receiver appointed to manage a business had duties over and above those of mere good faith. A receiver who failed to obtain discounts normally obtainable for supplies to the business might be liable for that failure. when considering the position of a receiver and manager appointed by a mortgagee to run a business, ‘The … Continue reading Medforth v Blake and others: CA 26 May 1999
Short question about the entitlement of a company which is a small or medium-sized enterprise (‘SME’) to enhanced tax relief for expenditure on research and development (‘R and D tax relief’) pursuant to provisions which were first enacted in section 69 of, and schedule 20 to, the Finance Act 2000, and are now contained (together … Continue reading Gripple Ltd v Revenue and Customs: ChD 30 Jun 2010
(Brunei) The defendants were a one-man company, BLT, and the one man, Mr Tan. A dishonest third party to a breach of trust was liable to make good a resulting loss even though he had received no trust property. The test of knowledge was an objective one: ”knowingly’ was better avoided as a defining ingredient … Continue reading Royal Brunei Airlines SDN BHD v Tan: PC 24 May 1995
The defendant appealed against interim costs orders made in the claim against it for defamation. Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being represented under a conditional fee agreement. The court considered that the amount of costs being incurred served to act … Continue reading King v Telegraph Group Ltd: CA 18 May 2004
The builders had obtained a charging order for the costs awarded to them in extensive litigation, and a third party costs order but without the third party having opportunity to test the bill delivered. They had agreed to sell land to the defendant, but he had required the transfer to be in a different form … Continue reading Nelson v Greening and Sykes (Builders) Ltd: CA 18 Dec 2007
The landlords had received a request for a consent to a proposed assignment of the lease. They did not, in terms, refused consent, but had not given it notwithstanding a considerable passage of time and lengthy correspondence. The court was asked whether it had been unreasonably withheld. Held: The landlords were unreasonably withholding their consent, … Continue reading City Hotels Group Ltd v Total Property Investments Ltd: 6 Jul 1984
The court considered the significance of a reservation that a letter was sent ‘subject to licence’. After considering case law: ‘All three go to show that there is a distinction recognised by the law between the relationships, such as those between landlord and tenant, where there is an existing set of legal obligations between the … Continue reading Venetian Glass Gallery Ltd v Next Properties Ltd.: 1989
The Court warned against extending the ‘magic’ of the ‘subject to contract’ label into the realm of unilateral licences. The question was whether a landlord had granted licence to the tenant to carry out alterations. The letter relied on as constituting the licence was headed ‘subject to licence’ and the text of the letter gave … Continue reading Mount Eden Land Ltd v Prudential Assurance Co Ltd: CA 12 Nov 1996
The defendant appealed a finding that it had abused its dominant market position in refusing to supply to the claimant a copyright licence for its information on horse racing at a proper or acceptable price. The defendant was said to have a monopoly on the information Held: The appeal was upheld. ‘unfairness in pricing is … Continue reading Attheraces Ltd and Another v The British Horseracing Board Ltd and Another: CA 2 Feb 2007
The claimant had been dismissed for redundancy, but the company had been found not to have consulted him properly, and he had therefore been unfairly dismissed. The tribunal had then found that even if consulted the result would not have been substantially different. Held: The tribunal had been free to conclude that no different result … Continue reading Lambe v 186K Ltd: CA 29 Jul 2004
Disclosure was sought of a report prepared by the BBC to assess the balance of its coverage of middle east affairs. The BBC said that the information was not held for purposes other than those of journalism, art or literature. One issue was whether the test was as to whether there was a ‘predominant’ use … Continue reading British Broadcasting Corporation v Sugar and Another: Admn 2 Oct 2009
The claimant advanced funds to the respondent for him to invest in a bank of which the claimant had insider knowledge. In fact the defendant did not invest the funds, the knowledge was incorrect. The defendant however did not return the sums advanced, saying he need not return it because the contract was for an … Continue reading Patel v Mirza: SC 20 Jul 2016
The defendant had published a set of guidelines for intelligence officers called upon to detain and interrogate suspects. The defendant said that the guidelines could only be tested against individual real life cases, and that the court should not answer hypothetical questions. The objection lay to reactions to anticipated torture and mistreatment by third party … Continue reading Equality and Human Rights Commission v Prime Minister and Others: Admn 3 Oct 2011
The plaintiff was tenant of premises under a lease granted by the defendant’s predecessor in title. He vacated the premises in July 1996, and on 17 November 1997 wrote asking the defendant for a licence to sublet them to a pet shop business. The plaintiff enclosed the proposed subtenant’s accounts with the application. On 20 … Continue reading Footwear Corporation Ltd v Amplight Properties Ltd: ChD 1 Apr 1998
The defendant had developed a draft standard for automotive body repairs. It included a requirement that any replacement parts must be either the manufacturer’s own or certified under a recognised conformity certification scheme. The claimant imported so-called ‘replica parts’ and said that the costs of such a scheme would be so disproportionate as to destroy … Continue reading Sel-Imperial Ltd v The British Standards Institution: ChD 23 Apr 2010
EAT STATUTORY DISCIPLINE AND GRIEVANCE PROCEDURESWhether infringedImpact on compensationUNFAIR DISMISSALCompensationMitigation of lossThe principal issues in the appeal concerned the now repealed statutory dismissal procedure in Employment Act 2002 Schedule 2 Part 1 Chapter 1.The Employment Tribunal did not err in holding that the employer was in breach of the statutory dismissal procedure by failing to … Continue reading West Hertfordshire Hospitals NHS Trust v Evans: EAT 19 Aug 2010
The court was asked as to the interrelationship of the statutory schemes relating to the protection of employees’ pensions and to corporate insolvency. Held: Liabilities which arose from financial support directions or contribution notices issued by the Pensions Regulator under the 2004 Act after the company had gone into administration, which required the company to … Continue reading In re Nortel Companies and Others: SC 24 Jul 2013
The plaintiff was a manager within the social services department. He suffered a mental breakdown in 1986, and had four months off work. His employers had refused to provide the increased support he requested. He had returned to work, but again, did not receive the staff or guidance to allow him to do the work … Continue reading Walker v Northumberland County Council: QBD 16 Nov 1994
EAT Unfair dismissal – Reasonableness of dismissalWhere an employee is long-term absent on grounds of ill health, and his pension scheme contains provisions entitling him to an ill health pension on grounds of permanent incapacity, an employer will generally be expected to give consideration to ill health retirement before dismissing for incapacity.The Tribunal did not … Continue reading First West Yorkshire Ltd (T/A First Leeds) v Haigh: EAT 20 Nov 2007
EAT UNFAIR DISMISSAL: Procedural fairness/automatically unfair dismissal This judgment addresses only the issue as to whether the Employment Tribunal’s finding of automatically unfair dismissal was wrong in law. All other issues were adjourned. The Employment Tribunal found that the Step 1 letter was insufficient because it did not inform the employee that he was at … Continue reading Zimmer Ltd v Brezan: EAT 24 Oct 2008
The claimants, a firm of accountants, sued their former clients for unpaid fees. The defendant company counterclaimed for professional negligence. The claimant had expended andpound;5.6m in costs. The claimants now sought a non-party costs order against former directors of the company, which had gone into administration. They said that the company’s counterclaim was built on … Continue reading Chantrey Vellacott v The Convergence Group Plc and others: ChD 31 Jul 2007
EAT Unfair Dismissal – Automatically unfair reasons / compensationEmployment Tribunal decision that Respondent has failed to comply with Schedule 2 Part 1 of the Employment Act 2002 contrary to authorities of Alexander v Bridgen Enterprises, YMCA Training v Stewart and Silman v ICTS.` The Employment Tribunal also took the wrong multiplicand for assessing future loss. … Continue reading Dugdale Plc v Cartlidge: EAT 20 Apr 2007
EAT Unfair Dismissal – Reasonableness of dismissalPractice and Procedure – 2002 Act and pre-action requirementsThe Respondent dismissed the Claimant for three reasons. On appeal, two of the most serious fell away but the reason for dismissal remained the same. At the Employment Tribunal it was held that the procedure was unfair, but was rescued by … Continue reading McCall v Northern Rail Ltd: EAT 25 Jan 2007
EAT Unfair dismissal – Reasonableness of dismissal; Procedural Fairness/automatically unfair dismissal Practice and Procedure – Amendment Employment Tribunal’s conclusion of unfairness could not be criticised and was correct, especially as unappealed findings would make the dismissal unfair in any event by reason of the manager’s closed mind and failure to conduct proper investigations. Claimant wished … Continue reading Masterfoods (A Division of Mars UK Ltd) v Wilson: EAT 7 Aug 2006
EAT The employee was the practice manager at a general medical practice. She was dismissed for dishonesty, taking unauthorised pay for overtime hours. She alleged that she had been told by the former practice manager that she should do so, but the Tribunal found that she did not raise this with any of the doctors.The … Continue reading Kelly-Madden v Manor Surgery: EAT 19 Oct 2006
EAT The employee was found in a company van about to drive after consuming alcohol. The Tribunal found that to his knowledge, the company had a zero tolerance rule as to driving after consuming alcohol. He was dismissed for misconduct, principally on the basis of his breach of that rule. His unfair dismissal claim was … Continue reading Draper v Mears Ltd: EAT 5 Sep 2006
The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out to evict her. She claimed that the authority had to get a court authority before so evicting her. … Continue reading Desnousse v London Borough of Newham and others: CA 17 May 2006
The solicitor appealed being struck off. He had given a character reference in circumstances where he did not have justification for the assessment. Held: ‘The appellant knew that Barclays Bank trusted him to provide a truthful reference. Instead, it received a fiction, on which it acted, which had no basis in fact. ‘ and ‘Neither … Continue reading Baxendale-Walker v The Law Society: Admn 30 Mar 2006
EAT Practice and Procedure – striking-out/dismissal Grievance procedures. Were they complied with? Held not to be in the circumstances of this case. Observations on what counts as compliance and how Employment Tribunal should approach the question whether a grievance has been made about a relevant complaint.Elias P said: ‘It seems to me that the objective … Continue reading Canary Wharf Management Limited v Edebi: EAT 3 Mar 2006
The extraditee had been convicted in his absence in Italy having fled to avoid the trial. He complained that the trial process had been unfair and the evidence against him weak. Held: The court’s duty was not to investigate the evidential basis of a decision made by a competent foreign court. The application was dismissed. … Continue reading Mariotti v Government of Italy and others: Admn 2 Dec 2005
Application was made to join in further parties to support a cross undertaking on being made subject to interim injunctions. Held: On orders other than asset freezing orders it was not open to the court to impose cross-undertakings against parties unwilling to grant them. ‘Since a cross-undertaking cannot be imposed, it follows that a fortiori … Continue reading Smithkline Beecham Plc and others v Apotex Europe Ltd and others: PatC 26 Jul 2005
