The court considered whether the 1993 Act should be construed as expropriatory legislation and therefore was to be read strictly. Held: The Court rejected the submission that the relevant provisions must be strictly construed because the 1993 Act was expropriatory in nature. Millet LJ said: ‘It would, in my opinion, be wrong to disregard the … Continue reading Cadogan v McGirk: CA 25 Apr 1996
The Defendant relied on Section 7 of the 1978 Act to support of its contention that it had served on the Claimant a counter-notice under Section 45 Leasehold Reform (Housing and Urban Development) Act 1993 (‘the 1993 Act’). The Claimant contended that Section 7 allowed him to prove on the facts that the counter-notice had … Continue reading Calladine-Smith v Saveorder Ltd: ChD 5 Jul 2011
EAT Deposit ordered. Order lost in post due to the Claimant putting wrong post-code on ET1. Review. Distinguishing Judgments from Orders. Strike-out. Extending time. Judges: His Honour Peter Clark Citations: [2005] UKEAT 0318 – 05 – 2907, UKEAT/0319/05/TM, UKEAT/0318/05/TM, [2005] ICR 1647, UKEAT/0320/05/TM, [2005] IRLR 836 Links: Bailii, EATn Statutes: Employment Tribunal Rules 2004 20(1) … Continue reading Sodexho Ltd v Gibbons: EAT 14 Jul 2005
This appeal raises the issue whether the daily vessel-operating expenses of shipowners incurred while they were negotiating to reduce the ransom demands of pirates should be allowed in general average – ie whether those expenses should be shared proportionately between all those whose property and entitlements were imperilled as a result of that seizure – … Continue reading Mitsui and Co Ltd and Others v Beteiligungsgesellschaft Lpg Tankerflotte Mbh and Co Kg and Another: SC 25 Oct 2017
The plaintiff took her mink stole to the defendants for cleaning. An employee received and stole the fur. The judge had held that the defendants were not liable because the theft was not committed in the course of employment. Held: The defendants were liable. Bailment includes as an element an assumption of responsibility by the … Continue reading Morris v C W Martin and Sons Ltd: CA 1965
G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his civil rights . . everyone is entitled to a fair . . hearing’, … Continue reading Golder v The United Kingdom: ECHR 21 Feb 1975
The Court was asked whether an employee’s remuneration is taxable as his or her emoluments or earnings when it is paid to a third party in circumstances in which the employee had no prior entitlement to receive it himself or herself. Held: The company’s appeal failed. The purposive approach to the interpretation of the general … Continue reading RFC 2012 Plc (Formerly The Rangers Football Club Plc) v Advocate General for Scotland: SC 5 Jul 2017
The appellants had suffered deep vein thrombosis whilst travelling on long haul air flights. The defendants said that their liability was limited because the injuries were not accidents. Held: The claimants’ appeal failed. The definition of accident in Fenton required adjustment in this context: for Convention purposes the ‘loss or hurt’ cannot itself be the … Continue reading Deep Vein Thrombosis and Air Travel Group Litigation: HL 8 Dec 2005
EAT TRANSFER OF UNDERTAKINGSThe principles and approach which a Tribunal should take where there has been a transfer of one service provider’s activities to two or more transferees, and there is disagreement as to whether an employee’s contract is now to be with the transferor or any of the transferees, considered. The Tribunal had decided … Continue reading Kimberley Group Housing Ltd v Hambley and others (UK) Ltd: EAT 25 Apr 2008
The defendants sought to have struck out a claim under the 1992 Regulations to support a claim under s15(2) of the 1974 Act. They said that the 1992 Regulations had been made only under s2(2) and not under s15(1). Held: The implementing regulations were made under specific sections, ‘and of all other powers enabling her … Continue reading Polestar Jowetts Ltd v Komori Ltd UK and Another: QBD 26 Jul 2005
The 2004 Act had been passed without the approval of the House of Lords and under the provisions of the 1911 Act as amended by the 1949 Act. The 1949 Act had used the provisions of the 1911 Act to amend the 1911 Act. The claimant said this meant that the 1949 Act was void, … Continue reading Jackson and Others, Regina (on the Application of) v Her Majesty’s Attorney General: Admn 28 Jan 2005
ECJ 1. As regards the division of jurisdiction between national courts and the court of justice under article 177 of the treaty the national court, which is alone in having a direct knowledge of the facts of the case and of the arguments put forward by the parties, and which has to give judgment in … Continue reading Pigs Marketing Board v Raymond Redmond: ECJ 29 Nov 1978
ECJ 1. The Convention of 27 September 1968 must be interpreted having regard both to its principles and objectives and to its relationship with the treaty. The question whether the words and concepts used in the convention must be regarded as having their own independent meaning and as being thus common to all the contracting … Continue reading Somafer Sa v Saar-Ferngas Ag: ECJ 22 Nov 1978
ECJ The direct application of a community regulation means that its entry into force and its application in favour of or against those subject to it are independent of any measure adopting it into national law. By reason of the obligations imposed on them by the treaty member states must not impede the direct effect … Continue reading Fratelli Zerbone Snc v Amministrazione Delle Finanze Dello Stato: ECJ 31 Jan 1978
The House gave guidance on the interpretation of Tax statutes. Held: The consideration at issue had been paid both for shares and for something else, the waiver of a loan the seller had made to the company. Lord Wilberforce emphasised the need to consider each asset disposed of separately in the light of the rules … Continue reading Aberdeen Construction Group Ltd v Inland Revenue Commissioners: HL 1978
The claimants sought damages against the defendants for their late delivery of a building. The contractors sought to share the damages with the architects who had certified the delays, defeating their own claims. Held: The Act sought to extend the circumstances under which contributions could be sought, but their claim against the architects were of … Continue reading Royal Brompton Hospital National Health Service Trust v Hammond and others: HL 25 Apr 2002
The court was asked to interpret the 1976 Act to see whether its protection extended to cohabitees as well as to wives. In doing so it had to look at practice in the Court of Appeal in having to follow precedent. Held: The operation of the doctrine of precedent in the Court of Appeal so … Continue reading Davis v Johnson: HL 2 Jan 1978
The applicant claimed unfair dismissal. The employer replied that the employee had resigned. Held: The employer’s appeal was dismissed. The resignation had taken place in a heated moment, and it was not conclusive. An employer may not be able to rely upon a resignation made by an employee which had obviously been made in the … Continue reading Kwik-Fit (GB) Ltd v Lineham: EAT 5 Feb 1992
(Admissibility) The Secretary of State had, after preliminary procedures, served notices on an insurance company disallowing it from writing any new business, because its managing director the applicant, had been found not to be a fit and proper person to be a controller of the company. He had misstated the value of the company’s assets. … Continue reading Kaplan v United Kingdom: ECHR 14 Dec 1978
The employer announced the closure of two factories and the redundancy of the workforce, at one factory in 15 days’ time and, at the other, in 63 days’ time. There was no consultation. The employer appealed a 60 day protective award. Held: (Majority) Appeal allowed in part. The ET were misled into thinking that the … Continue reading Talke Fashions Ltd v Society of Textile Workers: EAT 1978
Where the words of a statute are clear, it is not open to the court to limit, change or disregard that meaning on the ground that the result of the legislation as drafted would be anomalous or absurd. Lord Simon of Glaisdale said as to an argument based on the anomaly of the result of … Continue reading Stock v Frank Jones (Tipton) Ltd: HL 1978
Europa Since the concept of a contract of sale on instalment credit terms varies from one member state to another, in accordance with the objectives pursued by their respective laws, it is necessary, in the context of the convention, to consider that concept as being independent and therefore to give it a uniform substantive content … Continue reading Bertrand v Paul Ott KG: ECJ 21 Jun 1978
LANDLORD AND TENANT – SERVICE CHARGES – s196 Law of Property Act 1925 – s 7 Interpretation Act 1978 – service of notices – waiver of invalidity of notices – s20B Landlord and Tenant Act 1985, contents of notices – appeal allowed. Citations: [2017] UKUT 150 (LC) Links: Bailii Statutes: Law of Property Act 1925 … Continue reading London Borough of Southwark v Akhtar Re: 11 and 54 John Kennedy House: UTLC 20 Apr 2017
A notice served under s25 of the 1954 Act, being sent by recorded delivery to the tenant at its place of abode, was irrebuttably deemed to have been served on the day it was posted. Section 23 of the 1927 Act operated to disapply section 7 of the 1978 Act. Such an implication did not … Continue reading C A Webber (Transport) Ltd v Railtrack plc: CA 15 Jul 2003
EAT Transfer of Undertakings : Service Provision Change – Transfer of Undertakings (Protection of Employment) Regulations 2006 (‘TUPE’) Regulation 3(1)(b) – service provision change (‘SPC’) – ‘the client’ The appeal raised a novel point: whether ‘a’ or ‘the’ client, for the purpose of a SPC transfer under Regulation 3(1)(b) was to be understood solely in … Continue reading Ottimo Property Services Ltd v Duncan and Another: EAT 9 Jan 2015
The curtilage of a house is narrowly confined to the area surrounding it and did not extend to a paddock. Buckley LJ said: ‘In my judgment, for one corporeal hereditament to fall within the curtilage of another, the former must be so intimately associated with the latter as to lead to the conclusion that the … Continue reading Methuen-Campbell v Walters: CA 1978
One container loaded with cigarettes was allegedly hi-jacked in Belgium en route between Switzerland and The Netherlands in September 2011, while another allegedly lost 756 of its original 1386 cartons while parked overnight contrary to express instructions near Copenhagen en route between Hungary and Vallensbaek, Denmark. The consignors claimed against English main contractors who undertook … Continue reading British American Tobacco Denmark A/S v Kazemier Bv: SC 28 Oct 2015
Taxpayer companies challenged the way that the revenue restricted claims for group Corporation Tax relief for subsidiary companies in Europe. The issue was awaiting a decision of the European Court. The Revenue said that the claims now being made by other companies should proceed through the Commissioners who could implement European law directly. The taxpayers … Continue reading Autologic Holdings Plc and others v Commissioners of Inland Revenue: HL 28 Jul 2005
The Master of the Rolls considered the use of an exemption clause, saying that the Court was to consider first whether the breach was ‘fundamental’. If so, he said, the court itself deprives the party of the benefit of an exemption or limitation . .
Claim by time share owners for easements over neighbouring land. The easements were for various sporting rights and facilities.
Held: The Claimants were entitled to appropriate declaratory relief confirming that they have the rights they claim . .
A consignment of whisky was stolen whilst on consignemt from a bonded warehouse under CMR terms for Teheran. In bond, it was worth 7,000 pounds, and on export no excise duty was to be paid. Being stolen in the course of transit, excise duty of . .
The court considered the finality of decision of a county court judge regarding the interpretation of the phrase ‘structural alteration’ in the 1974 Act. Paragraph 2 (2) of Schedule 8 provided that the determination of the county court judge ‘shall . .
A design for sunglasses was challenged for prior publication. However the law in England differed from that apparently imposed from Europe as to the existence of a 12 month period of grace before applying for registration.
Held: Instruments . .
The principles set out in Canada Steamship apply to ‘clauses which purport to exempt one party to a contract from liability’. The principles should be applied without ‘mechanistic construction’. Lord Keith of Kinkel: The tests were guidelines, but . .
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
Club, not members, prosecutable for breach The Environment Agency appealed against dismissal of charges against the defendants who were officers in an unincorporated members’ golf club on whose land there had been pollution. The judge had ruled that the unincorporated association could have been prosecuted under the 1978 Act, and that a prosecution would not … Continue reading Regina v RL and JF: CACD 28 Aug 2008
Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a non-statutory enquiry, and sought a declaration from the court as to … Continue reading Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006
The section in the earlier Act was modified to give effect to the 1978 Act. Citations: [1990] 1 EGLR 92 Statutes: Landlord and Tenant Act 1927 23, Interpretation Act 1978 7 Jurisdiction: England and Wales Cited by: Explained – Beanby Estates Ltd v Egg Stores (Stamford Hill) Ltd ChD 9-May-2003 The landlord had served a … Continue reading Lex Services plc v Johns: 1990
Provisions against discrimination on religious grounds in Northern Ireland, could apply to appointment of a firm to a panel of experts, where one person was designated to carry out that work. ‘it is essential, for there to be ’employment,’ that the person making the contract shall himself undertake to do, at any rate, some of … Continue reading Kelly v Northern Ireland Housing Executive; Loughran v Northern Ireland Housing Executive: HL 29 Jul 1998
When a one year fixed term employment contract was extended by a period of less than a year, but then not again renewed, there was no unfair dismissal, since the exemption for the original term applied also to any extension. There had been conflicting interpretations of the statutory provisions. S197 could not be construed on … Continue reading British Broadcasting Corporation v Kelly-Phillips: CA 24 Apr 1998
EAT JURISDICTIONAL POINTS – Extension of time: reasonably practicableWhere a Claimant has retained a solicitor to act for him and failed to meet the deadline for presenting a complaint of unfair dismissal to an Employment Tribunal, the adviser’s fault will defeat any attempt to argue that it was not reasonably practicable to make a timely … Continue reading El-Kholy v Rentokil Initial Facilities Services (UK) Ltd: EAT 21 Mar 2013
The claimant had produced the Star War films which made use of props, in particular a ‘Stormtrooper’ helmet designed by the defendant. The defendant had then himself distributed models of the designs he had created. The appellant obtained judgment against the respondent in the US for punitive damages, but these had not been collected, and … Continue reading Lucasfilm Ltd and Others v Ainsworth and Another: SC 27 Jul 2011
Where communications had been intercepted in a foreign country, and the manner of such interceptions had been lawful in that country, the evidence produced was admissible in evidence in a trial in England. An admission of such evidence was not an infringement of the rights to a fair trial, nor of the right to respect … Continue reading Regina v P and others: HL 19 Dec 2000
The trust was created in 1948, and provided gifts over, which had now failed. The court considered the construction of the term ‘stautory next of kin’. The possible beneficiaries claimed through being adopted, arguing that at the date of the last beneficary’s death, all impediments to inheritance by adopted children had been removed by statute. … Continue reading Re Erskine 1948 Trust: ChD 29 Mar 2012
The claimants sought damages for damage to property alleging breach of statutory duty. The defendant said that the regulations were made under European not English law, and that the Secretary of State did not have power to make regulations under the 1974 Act which would give rise to a right to damages. The regulations had … Continue reading Vibixa Ltd, Polestar Jowetts Ltd v Komori UK Ltd and Another, Spectral Technology Ltd: CA 9 May 2006
The defendant downloaded indecent images of children onto his computer, and printed them out. He was convicted of making new images by virtue of creating copies on his disc by downloading, by displaying them on his screen, and by printing them out. Held: He had been properly convicted. Such creation of new copies was clearly … Continue reading Regina v Bowden: CACD 10 Nov 1999
The tenant claimed Rent Act protection for his tenancy. He had been rehoused and began his tenancy in 1970 with the ground floor used as a shop, and the first floor as living accomodation. He later abandoned the business use. He appealed a finding that he did not have protection under the 1977 Act. Held: … Continue reading Tan and Another v Sitkowski: CA 1 Feb 2007
The time limits for lodging appeals against Employment tribunal rulings are strict. The date of promulgation is the operative date from which the date sent is to be calculated. The rules set aside the normal rules on interpretation as to when a document might be deemed to arrive. Judges: Morrison P Citations: Gazette 02-Sep-1999, [1999] … Continue reading Hammersmith and Fulham London Borough Council v Ladejobi: EAT 2 Sep 1999
The CPS appealed aganst a decision on a charge under the railway byelaws, that the charge be dismissed, the prosecution not having formally proved in accordance with any applicable statutory provision. The byelaws had in fact been properly introduced, but the 2000 Act had been repealed and replaced by the 2005 Act. The certificate provided … Continue reading Crown Prosecution Service v Inegbu: Admn 26 Nov 2008
Penalties for late filing of P35 for three consecutive years- whether returns for first two years were delivered to HMRC – Interpretation Act 1978 – appeal for those two years allowed and penalties set aside – whether penalty of pounds 400 for not filing the 2009-10 return online was unfair and/or disproportionate – no – … Continue reading Ross (T/A Hilltop Boarding Kennels) v Revenue and Customs: FTTTx 12 Dec 2011
The landlord had wanted possession. The tenant said that the landlord had been harassing him. The landlord said that the tenancy was a mixed residential and business tenancy and that the 1977 Act did not apply. Held: The 1977 Act applied. A tenancy for mixed purposes falls under the protection of the Act of 1954, … Continue reading Pirabakaran v Patel and Another: CA 26 May 2006
The court considered the developing international jurisdiction over commercial activities of state bodies which might enjoy state immunity, and sought to ascertain whether or not the Central Bank of Nigeria was entitled to immunity from suit. Held: The key questions are those of ‘governmental control’ and ‘governmental functions’ and that these are to be determined … Continue reading Trendtex Trading Corporation v Central Bank of Nigeria: CA 1977
The tenant had a lease of business premises. The premises were damaged in a terrorist attack, and the landlord served a notice terminating the lease. The lease gave the right to the landlord to determine the lease if the property was incapable of occupation for more than six months. It came to be accepted that … Continue reading Blunden v Frogmore Investments Ltd: CA 30 Apr 2002
A school board employed staff to manage a residential school for vulnerable children. The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers. Held: ‘Vicarious liability is legal responsibility imposed on an employer, although he is himself free from blame, for a tort committed by his … Continue reading Lister and Others v Hesley Hall Ltd: HL 3 May 2001
The plaintiffs said the first defendant had defrauded them of substantial sums, and implicated other defendants. They claimed against five defendants variously for conspiracy to defraud and deceit and for breach of warranty. They also sought to trace the sum of andpound;383,872 paid under a mistake of fact induced by fraud, into an account with … Continue reading A v C (Note): ChD 1980
The defendant was an animal rights protester who had been convicted under section 2(2) of the 1997 Act of engaging in a course of conduct amounting to harassment of the employees of a company. The District Judge hearing the case made a restraining order against him. Held: The court rejected the appellant’s primary ground (the … Continue reading Director Of Public Prosecutions v Dziurzynski: Admn 28 Jun 2002
GlaxoSmithKline sought an injunction to restrain unlawful conduct by way of trespass and harassment by animal rights activists done with the aim of preventing the use of animals in medical research. Held: The court discussed whether an order was available under the 1997 Act to protect a company. It did.Jack J said: ‘By section 5 … Continue reading Smithkline Beecham Plc and Others v Avery and Others (Representing Stop Huntingdon Cruelty (‘SHAC’): QBD 26 Jun 2009
The court discussed whether a terrace of cottages was within the curtilage of an old factory which was a listed building. At first instance, Skinner J had held that they were, and that permission could not be granted for their demolition. The Council appealed. Held: The appeal failed. Stephenson LJ said: ‘The terrace has not … Continue reading Attorney-General ex relater Sutcliffe and Others v Calderdale Borough Council: CA 1982
The 1978 Directive required consultation in the case of collective redundancies. Acts had incorrectly incorporated this requirement into English law. The error was corrected in the 1995 Regulations. Held: Anything is ‘related to’ a Community obligation so long as it is not distinct, separate or divorced from it. The 1995 Regulations were valid.Otton LJ said: … Continue reading Regina v Secretary of State for Trade and Industry ex parte Unison: 1996
The principles set out in Canada Steamship apply to ‘clauses which purport to exempt one party to a contract from liability’. The principles should be applied without ‘mechanistic construction’.Lord Keith of Kinkel said: The tests were guidelines, but ‘guidelines’ but ‘the matter is essentially one of the ascertaining the intention of the contracting parties from … Continue reading Smith v UMB Chrysler (Scotland) Ltd: HL 9 Nov 1977
The Revenue had published a booklet, IR20, setting out their approach to the interpretation of the phrases ‘residence’ and ‘ordinary residence’. The taxpayer said that this was a more generous definition than the statutory one, and that having acted on it he had a legitimate expectation that the booklet’s interpretation would continue to be applied. … Continue reading Davies and Another, Regina (on The Application of) v Revenue and Customs: SC 19 Oct 2011
The applicant built a shed on land behind his bungalow, but without planning consent. The planning authority issued enforcement proceedings. He appealed, contending that it fell within the Order. The inspector visited the property, and decided that it was not within the curtilage of the house. The land owner appealed. Held: Whether the shed was … Continue reading Crockett v Secretary of State for Transport, Local Government and the Regions and another: Admn 24 Oct 2002
The court considered the treatment of losses in a London branch of the non-resident Bank. Had the company been resident it could have set off the losses. It claimed that the refusal was an unlawful discrimination. Judges: Sedley, Arden, Moses LJJ Citations: [2007] EWCA Civ 119 Links: Bailii Statutes: UK-Switzerland Double Taxation Convention of 8 … Continue reading HM Revenue and Customs v UBS Ag: CA 21 Feb 2007
The landowner appealed against an enforcement notice issued with respect to a chain link fence erected along the driveway of his grade II listed building. He said the drive was not part of the curtilage of the building. Held: The inspector had been wrong to place significance on what he thought was the owners intentions … Continue reading Lowe v First Secretary of State and Another: Admn 6 Feb 2003
Sanction had been sought for a scheme of arrangement on the winding up of an insurance company. There were objections. The original scheme had been proposed under English law, and it would be inappropriate for a Scottish court to try to sanction such an arrangement. Payment of et fess of Engliah lawyers was sought. Held: … Continue reading The Scottish Lion Insurance Company Ltd, Re Sanction of A Scheme of Arrangement: SCS 8 Mar 2006
The defendants were said to have been found in possession of false passports. They successfully argued that the offence charged under the 1981 Act had been repealed by the 2006 Act. The prosecutor argued that a Schedule only came into effect when explicitly made to come into effect. Held: The prosecutor’s appeal succeeded. The 2006 … Continue reading Crown Prosecution Service, Regina (on the Application of) v Bow Street Magistrates Court and others: Admn 18 Jul 2006
The reason adduced by the union for the dismissal of the climant was found by the Tribunal on the facts not to be the true reason for dismissal, the true reason being the union executive committee’s political antipathy to Mr Brady. Held: It was highly arguable that a finding that disciplinary proceedings had been commenced … Continue reading Associated Society of Locomotive Engineers and Firemen v Brady: EAT 31 Mar 2006
The landlord had served a notice under the 1954 Act. The tenant served a counter notice, but the question was whether he was late, or out of time. Held: The combination of the various provisions meant that the landlord’s notice had irrevocably been deemed to have been served and on the day it was posted. … Continue reading Beanby Estates Ltd v Egg Stores (Stamford Hill) Ltd: ChD 9 May 2003
The claimant had been ordered to pay a deposit as a condition of being allowed to proceed with the claim which the tribunal had judged to have no reasonable prospect of success. The claim was struck out after the tribunal had been wrongly told that the deposits had not been paid. The strike out was … Continue reading Immigration Advisory Services v Oommen: EAT 19 Mar 1997
The tribunal was asked as to the date from which time started to run for the purposes of calculating the 42-day period within which an appeal should have been brought from a decision of an Employment Tribunal, if it was to be brought at all. Held: Morison J said that Section 7 of the Interpretation … Continue reading London Borough of Hammersmith and Fulham v Ladejobi: EAT 1 Nov 1998
In the context of the time for appealing to the EAT under Rule 3(3) EAT Rules 1993, as amended, ‘sent’ referred to the date appearing on the ET ‘decision’.Morison P said: ‘Industrial Tribunal chairmen are required to produce reasons. When reduced to writing, it is the responsibility of the clerk to transmit those reasons to … Continue reading Mock v Inland Revenue: EAT 1 Mar 1999
The applicant had been employed to provide services to RAF in the Ascension Islands. He alleged constructive dismissal. There was an issue as to whether somebody working in the Ascension Islands was protected by the 1996 Act. The restriction on jurisdiction in s196 had been removed. The question now was as to what test applied … Continue reading Serco Ltd v Lawson and Foreign and Commonwealth Office: CA 23 Jan 2004
(Victoria) The Board set out the necessary conditions for a clause to be implied into a contract. Held: Lord Simon of Glaisdale said: ‘Their Lordships do not think it necessary to review exhaustively the authorities on the implication of a term in a contract which the parties have not thought fit to express. In their … Continue reading BP Refinery (Westernport) Pty Ltd v The Shire of Hastings: PC 1977
EAT Disability Discrimination – Less favourable treatment. The appellant brought proceedings against the Respondents alleging that they had failed to make adjustments to her workplace and conditions so as to accommodate her disability, that they had treated her less favourably for reasons relating to her disability; and in the second case presented in 2000 that … Continue reading Meikle v Nottinghamshire County Council: EAT 19 Aug 2003
The claimant sought to appeal an order striking out its claim against the defendant under a performance bond. The defendant denied that the demand was valid, saying it did not allege a current breach of the contract. Held: The point upon which the strike out action succeeded was flawed. The breach continued, and the obligations … Continue reading Manx Electricity Authority v J P Morgan Chase Bank: CA 3 Oct 2003
A claimant who had satisfied the conditions required to become eligible for special hardship allowance but who had yet made no claim, retained his right to the allowance after the Act under which the claim might be brought was repealed. ‘A mere hope or expectation of acquiring a right is insufficient. An entitlement, however, even … Continue reading Chief Adjudication Officer and Another v Maguire: CA 23 Mar 1999
For possession of an indecent image of a child to be proved, it was necessary to establish some knowledge of its existence. Images stored without the defendant’s knowledge by browser software in a hidden cache, of which he was also unaware, were not such, and a conviction was quashed. The situation was akin to a … Continue reading Atkins v Director of Public Prosecutions; Goodland v Director of Public Prosecutions: Admn 8 Mar 2000
Friends Provident had participated in a development project on terms which required it to pay its share of the development costs as it proceeded. It employed Hillier Parker, a firm of surveyors, to check demands made from time to time for payment of its share of development costs. Friends Provident paid the developer its share … Continue reading Friends’ Provident Life Office v Hillier, Parker May and Rowden: CA 1997
The curtilage of a building is a small area around it. An assessment of whether a separate structure was within the curtilage which did not consider the distance between the various buildings must be incorrect in that it had omitted an essential consideration. A stable block lying some distance from a listed building should only … Continue reading Skerritts of Nottingham Limited v Secretary of State for Environment, Transport and Regions, Harrow London Borough Council: Admn 22 Mar 1999
The Respondent employers had not attended a hearing before the Industrial Tribunal. The hearing went ahead. The Respondents applied for a review of the decision (that the employee had been unfairly dismissed and should be compensated) on the ground that they had not received notice of the proceedings leading to the decision. The Tribunal, having … Continue reading T and D Transport (Portsmouth) Limited v Limburn: EAT 1987
A notice was served in 1983 under section 58 of the Control of Pollution Act 1974 requiring the abatement of a noise nuisance. That section was repealed by the Environmental Protection Act 1990, with effect from 1st January 1991, and a new procedure for statutory nuisance was substituted. On 25th January 1992, an information was … Continue reading Aitken v South Hams District Council: HL 8 Jul 1994
The defendants sought to enter into evidence one part of a document, but the plaintiffs sought to have the remainder protected through legal professional privilege. Held: The entirety of the document was privileged, but by disclosing part, the plaintiffs had waived privilege in relation to the whole document. Templeman LJ said: ‘In Minter v Priest … Continue reading Great Atlantic Insurance v Home Insurance: CA 1981
An application to extradite a former head of state for an offence which was not at the time an offence under English law would fail, but could proceed in respect of allegations of acts after that time. No immunity was intended for heads of state. International law prohibiting torture has the character of jus cogens … Continue reading Regina v Bartle and Commissioner of Police for the Metropolis and Others, ex parte Pinochet Ugarte; Regina v Evans and Similar (No 3): HL 24 Mar 1999
The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception to state immunity. Held: The Kingdom’s appeal succeeded. The protection of state immunity was essentially a … Continue reading Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006
Sir Nicholas Browne-Wilkinson V-C spoke of section 7 of the 1978 Act: ‘If actual receipt is necessary to enable the addressee to take some necessary step, then the word ‘sent’ in the principal Act will be construed to mean ‘received” Judges: Sir Nicholas Browne-Wilkinson V-C Citations: [1987] 1 WLR 1586 Statutes: Interpretation Act 1978 7 … Continue reading Regina v Home Secretary, Ex parte Yeboah: CA 1987
The rules required a notice to be sent not less than 14 days before a date fixed for a hearing. Held: The word ‘send’ in Rule 5 refers to the date when the notice is received or deemed to have been received under the Interpretation Act. In so concluding, it relied upon section 7 of … Continue reading Derrybaa Ltd v Castro Blanco: EAT 1986
A partnership or an unincorporated association could be registered as a fine defaulter if it failed to pay a fixed penalty arising from its ownership of a motor vehicle; that was because the statutory definition of defaulter depended on the use of the words ‘any person’, and thus the Interpretation Act applied to it. Paragraph … Continue reading Regina v Clerk to Croydon Justices ex parte Chief Constable of Kent: QBD 1989
Excise Duty Hydrocarbon Oil – (See Also Excise Restoration of Vehicle) : Civil Penalty – Return under regulation 9 of SI 2002/2057 – whether submitted after due date – whether penalty validly imposed – whether failure to submit return on time – whether s 7 Interpretation Act 1978 applies -whether reasonable excuse – appeal upheld. … Continue reading Holsworthy Ltd v Revenue and Customs: FTTTx 12 Dec 2018
DONALDSON LJ: Mr. Phillips appeals by case stated against his conviction and a fine of andpound;5 imposed by Mr Loy, the Leeds Stipendiary Magistrates, in September 1978 for failure to comply with a School Attendance Order. It is not the conviction or the fine which irks Mr. Phillips. His irritation, and perhaps even anger, is … Continue reading Phillips v Brown: QBD 20 Jun 1980
The parties entered into three related contracts to grant long leases of three flats in the same block (Nos 37, 32 and 31), and deposits paid. The vendor served notices to complete and when the purchaser did not comply, he rescinded each agreement and forfeited the deposits. The purchaser sought repayment of the deposits under … Continue reading Tennaro Ltd v Majorarch: 2003
Contracts were entered into to design, engineer and supply equipment for installation on oil and gas rigs. The contractor sought to assert that these were contracts governed by the Act, and the provisions for dispute resolution applied. The court held that the act suggested that the construction was to take place on ‘the Land’ and … Continue reading Staveley Industries Plc (T/A Ei Whs) v Odebrecht Oil and Gas Services Ltd: TCC 8 Mar 2001
Police’s Complete Immunity was Too Wide (Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, which the police investigated and in respect … Continue reading Osman v The United Kingdom: ECHR 28 Oct 1998
The taxpayer defendant (C) had been both resident and ordinarily resident in the UK. He moved to Los Angeles in 1978 making his home and business there until May 1979, when, not having set foot in the UK in the interim, he returned to reside in the UK. The Commissioners ruled that he had not … Continue reading Reed v Clark: ChD 1986
Judges: Arden, Briggs, Bean LJJ Citations: [2017] EWCA Civ 846 Links: Bailii Statutes: Leasehold Reform Act 1967 9, Interpretation Act 1978 Jurisdiction: England and Wales Landlord and Tenant Updated: 27 March 2022; Ref: scu.588336
The 1987 Regulations provided additional benefits for disabled persons, but excluded from benefit those who had nowhere to sleep. The claimant said this was irrational. He had been receiving the disability premium to his benefits, but this was cancelled when he lost his home. Held: The appeal was dismissed. The disabilty premium, as part of … Continue reading RJM, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 22 Oct 2008
Income tax – application by Appellant for closure notice – tax avoidance scheme – whether HMRC had validly issued and served a Notice of Enquiry – HMRC unable to produce a copy of the notice providing evidence of issue and postage -section 115 TMA 1970 and section 78 Interpretation Act 1978 – whether evidence of … Continue reading James v Revenue and Customs (Income Tax/Corporation Tax : Application By Appellant for Closure Notice): FTTTx 26 Nov 2018
Mr Nelson was employed as a producer but had in fact been engaged in the Caribbean Service of the BBC in terms of the work which he had actually been doing. The contract of employment expressly provided that he should serve wherever and however he might be required. Held: The closure of the BBC service … Continue reading Nelson v British Broadcasting Corporation: CA 1977
FTTTx VAT – default surcharge -surcharge liability notice -was it received by appellant – no -s7 Interpretation Act 1978 – appeal allowed Aleksander TJ [2016] UKFTT 348 TC Bailii England and Wales VAT Updated: 17 January 2022; Ref: scu.564827
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
The court was asked as to the extent of an exclusive prescriptive right (ie an exclusive right obtained through a long period of use) to take cockles and mussels from a stretch of the foreshore on the east side of the Wash, on the west coast of Norfolk. Over time the various water marks had … Continue reading Lynn Shellfish Ltd and Others v Loose and Another: SC 13 Apr 2016
