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A T and T Corporation and Another v Saudi Cable Co: CA 23 May 2000

The test as to whether an arbitrator should declare an interest before adjudicating is the same as the test for a judge, namely whether there was any real danger that he was biased. The Act allowed a court to investigate whether a breach had occurred. Here the adjudicator had been a director of a company … Continue reading A T and T Corporation and Another v Saudi Cable Co: CA 23 May 2000

John Barker Construction Ltd v London Portman Hotel Ltd: 1996

An architect who had to decide whether to grant an extension of time under clause 25 of the JCT conditions would not have acted fairly and lawfully and his decision would be fundamentally flawed if he had not carried out a logical analysis in a methodical way of the impact of the relevant events on … Continue reading John Barker Construction Ltd v London Portman Hotel Ltd: 1996

Lg Caltex Gas Co Ltd and Another v China National Petroleum Corporation and Another: QBD 23 Feb 2001

Parties submitting a dispute to arbitration have the power also to agree that neither should have the power to challenge the decision of the arbitrator in court. That had been the position at common law, and this had survived the Act. The agreement can be ad hoc and informal. Citations: Times 23-Feb-2001 Statutes: Arbitration Act … Continue reading Lg Caltex Gas Co Ltd and Another v China National Petroleum Corporation and Another: QBD 23 Feb 2001

Thyssen Inc v Calypso Shipping Corp Sa: ComC 23 Jun 2000

Application by the Claimants, who were receivers of a steel cargo, for a declaration that their claim against the Respondents, who were the owners of the carrying ship, is not time-barred. In the alternative, the Claimants seek an extension of time to commence arbitration proceedings pursuant to Section 12 of the Arbitration Act 1996. David … Continue reading Thyssen Inc v Calypso Shipping Corp Sa: ComC 23 Jun 2000

Aspect Contracts (Asbetos) Ltd v Higgins Construction Plc: SC 17 Jun 2015

Aspect had claimed the return of funds paid by it to the appellant Higgins under an adjudication award in a construction contract disute. The claimant had been asked to prpare asbestos surveys and reports on maisonettes which Higgins was to acquire and redevlop. Higgins now appealed againt a decision overturning a high court judgment in … Continue reading Aspect Contracts (Asbetos) Ltd v Higgins Construction Plc: SC 17 Jun 2015

Hadley v Baxendale: Exc 23 Feb 1854

Contract Damages; What follows the Breach Naturaly The plaintiffs had sent a part of their milling machinery for repair. The defendants contracted to carry it, but delayed in breach of contract. The plaintiffs claimed damages for the earnings lost through the delay. The defendants appealed, saying that the damages were too remote. Held: The case … Continue reading Hadley v Baxendale: Exc 23 Feb 1854

Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc: TCC 23 May 2013

The claimants had been engaged to provide an asbestos survey. An arbitration claim had gone against them and they appealed. Akenhead J [2013] EWHC 1322 (TCC), [2013] WLR(D) 211 Bailii, WLRD Housing Grants, Construction and Regeneration Act 1996 108(5), Scheme for Construction Contracts (England and Wales) Regulations 1998 Cited by: Appeal from – Aspect Contracts … Continue reading Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc: TCC 23 May 2013

Acts

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

Ernst Kastner v Marc Jason, Davis Sherman, Brigitte Sherman: CA 2 Dec 2004

The parties had agreed that their dispute should be resolved before the Jewish Beth Din according to Jewish substantive and procedural law. K was granted an interim freezing order. The defendant sold the asset, and K sought to assert a charge. Held: Jewish law specifically provide that the decision of the Beth Din operated in … Continue reading Ernst Kastner v Marc Jason, Davis Sherman, Brigitte Sherman: CA 2 Dec 2004

Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017

Parliament’s Approval if statute rights affected In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying that the notice could be given under the … Continue reading Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017

Stretford v The Football Association Ltd and Another: CA 21 Mar 2007

The claimant was a football player’s agent. The licensing scheme required disputes, including disciplinary procedures, to be referred to arbitration. He denied that the rule had been incorporated in the contract. He also complained that the Association had agreed to postpone disciplinary proceedings pending the result of other litigation between the parties. Held: The appeal … Continue reading Stretford v The Football Association Ltd and Another: CA 21 Mar 2007

Wilson and NUJ, Palmer, Wyeth and RMT, Doolan and Others v The United Kingdom: ECHR 2 Jul 2002

The appellants were journalists and other workers, and members of trades unions. Their employers had de-recognised the unions, paying sums to buy out those rights. The claimants had not surrendered their rights, and had been paid less because of it. Held: The Act did not protect the employees rights of association as guaranteed by article … Continue reading Wilson and NUJ, Palmer, Wyeth and RMT, Doolan and Others v The United Kingdom: ECHR 2 Jul 2002

Royal Brompton Hospital National Health Service Trust v Hammond and others: HL 25 Apr 2002

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

Kennedy v The Charity Commission: SC 26 Mar 2014

The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014

Ballast Plc v The Burrell Company (Construction Management) Limited: SCS 21 Jun 2001

In a building dispute, the arbitrator found that the parties had departed from the standard JCT terms, and declined to arbitrate. The parties said that when called upon to act he ‘shall’ do so. The adjudicator had misconstrued his powers. It was clear that there was a proper dispute requiring his decision, and he was … Continue reading Ballast Plc v The Burrell Company (Construction Management) Limited: SCS 21 Jun 2001

RC Pillar and Sons v Edwards and another: TCC 11 Jan 2001

The parties had disputed the final value of works of construction. The dispute was referred to an arbitration, the costs of which came vastly to exceed the sums at issue. An application was now made for the award to be remitted. Held: A request for an extension of time for an application under section 60 … Continue reading RC Pillar and Sons v Edwards and another: TCC 11 Jan 2001

Westminster City Council v Great Portland Estates plc: HL 31 Oct 1984

The House was asked whether the 1971 Act permitted the relevant authorities, by resort to their development plans, to support the retention of traditional industries or was the ambit of the Act such as to permit only ‘land use’ aims to be pursued? The court considered also the relevance of personal considerations in planning matters. … Continue reading Westminster City Council v Great Portland Estates plc: HL 31 Oct 1984

LG Caltex Gas Co Ltd and Another v China National Petroleum Corporation and Another: CA 6 Jun 2001

The arbitrator’s award was to the effect that two parties were not party to the contracts containing the arbitration agreements, and that they were therefore not liable to the applicants. The applicants contended that the award was a finding as to jurisdiction which was susceptible to challenge, and the respondents asserted that it was a … Continue reading LG Caltex Gas Co Ltd and Another v China National Petroleum Corporation and Another: CA 6 Jun 2001

Aiden Shipping Co Ltd v Interbulk Ltd (The “Vimeira”): HL 1986

Wide Application of Costs Against Third Party A claim had been made against charterers by the ship owners, and in turn by the charterers against their sub-charterers. Notice of motion were issued after arbitration awards were not accepted. When heard, costs awards were made, which were now appealed. Held: The appeals were allowed. The court’s … Continue reading Aiden Shipping Co Ltd v Interbulk Ltd (The “Vimeira”): HL 1986

Travelers Insurance Company Ltd v XYZ: SC 30 Oct 2019

Challenge to the making of a non-party costs order under section 51 of the Senior Courts Act 1981 against the product liability insurer of one of the defendants in litigation being managed under a Group Litigation Order (‘GLO’). Many of the claimants in the successful action were not insured, and Travelers, the defendant’s insurers resisted … Continue reading Travelers Insurance Company Ltd v XYZ: SC 30 Oct 2019

Jetivia Sa and Another v Bilta (UK) Ltd and Others: SC 22 Apr 2015

The liquidators of Bilta had brought proceedings against former directors and the appellant alleging that they were party to an unlawful means conspiracy which had damaged the company by engaging in a carousel fraud with carbon credits. On the pleaded facts, Mr Chopra and Mr Nazir were the directing organ of Bilta under its constitution. … Continue reading Jetivia Sa and Another v Bilta (UK) Ltd and Others: SC 22 Apr 2015

Revenue and Customs v Frank A Smart and Son Ltd: SC 29 Jul 2019

The question was whether a taxpayer can deduct as input tax the VAT which it has incurred in purchasing entitlements to an EU farm subsidy, the Single Farm Payment. The taxpayer had used those entitlements to annual subsidies over several years and intended to use money resulting from the receipt of those subsidies to fund … Continue reading Revenue and Customs v Frank A Smart and Son Ltd: SC 29 Jul 2019

Smyth-Tyrrell and Another v Sowden: ChD 14 Jul 2017

Landlord’s application in their claim under the 1996 Act to challenge a final award in an arbitration against their tenant concerning notices, two to remedy, and two to quit, two holdings. Judges: Paul Matthews HHJ Citations: [2017] EWHC 2331 (Ch) Links: Bailii Statutes: Arbitration Act 1996, Agricultural Holdings Act 1986 Jurisdiction: England and Wales Landlord … Continue reading Smyth-Tyrrell and Another v Sowden: ChD 14 Jul 2017

Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis: SC 4 Nov 2015

The court reconsidered the law relating to penalty clauses in contracts. The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raised the issue in relation to two clauses in a substantial commercial contract. The second appeal, ParkingEye Ltd v Beavis, raised the issue at a consumer level, with a separate issue under the … Continue reading Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis: SC 4 Nov 2015

Symbion Power Llc v Venco Imtiaz Construction Company: TCC 10 Mar 2017

Application under s. 68(2)(d) of the Arbitration Act 1996 in which the Claimant alleges serious irregularity in the Award of an arbitral tribunal because the tribunal failed to deal with all the issues that were put it. Judges: Jefford J Citations: [2017] EWHC 348 (TCC) Links: Bailii Jurisdiction: England and Wales Arbitration Updated: 23 March … Continue reading Symbion Power Llc v Venco Imtiaz Construction Company: TCC 10 Mar 2017

Arcadia Group Ltd and Others v Telegraph Media Group Ltd: QBD 8 Feb 2019

Claimant’s application for leave to withdraw request for injunction to prevent publication of stories regarding matters subject to non-disclosure agreements. Held: Granted. An junction had been granted, but Lord Hain had disclosed protected name in the House of Lords under the cover of parliamentary privilege. Warby J [2019] EWHC 223 (QB) Bailii England and Wales … Continue reading Arcadia Group Ltd and Others v Telegraph Media Group Ltd: QBD 8 Feb 2019

Parry v Cleaver: HL 5 Feb 1969

PI Damages not Reduced for Own Pension The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer. Held: The plaintiff’s appeal succeeded. Damages for personal injury were not to be reduced by deducting the full net value of … Continue reading Parry v Cleaver: HL 5 Feb 1969

Sankofa and Another v The Football Association Ltd: ComC 12 Jan 2007

The claimant sought an injunction to order the defendant football association from preventing him playing on a football match. He had been sent off and was subject to an automatic additional one match ban. He sought to exercise a right under the procedure to challenge the decision. Held: The procedure was intended to be speedy … Continue reading Sankofa and Another v The Football Association Ltd: ComC 12 Jan 2007

Hunter v Chief Constable of the West Midlands Police: HL 19 Nov 1981

No collateral attack on Jury findigs. An attempt was made to open up in a civil action, allegations of assaults by the police prior to the making of confessions which had been disposed of in a voir dire in the course of a criminal trial. The plaintiffs had imprisoned having spent many years after conviction … Continue reading Hunter v Chief Constable of the West Midlands Police: HL 19 Nov 1981

C A Webber (Transport) Ltd v Railtrack plc: CA 15 Jul 2003

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

LB Holdings Intermediate 2 Ltd, The Joint Administrators of v Lehman Brothers International (Europe), The Joint Administrators of and Others: SC 17 May 2017

In the course of the insolvent administration of the bank, substantial additional sums were received. Parties appealed against some orders made on the application to court for directions as to what was to be done with the surplus. Held: The Court considered the so called waterfall of distributions made on liquidation which proved to be … Continue reading LB Holdings Intermediate 2 Ltd, The Joint Administrators of v Lehman Brothers International (Europe), The Joint Administrators of and Others: SC 17 May 2017

NYK Bulkship (Atlantic) Nv v Cargill International Sa: SC 11 May 2016

The ship ‘Global Santosh’ had been arrested as a side issue in a dispute as to its cargo between its anticipated receiver and a sub-sub charterer. Held: (Lord Clarke dissenting) The appeal succeeded. Any responsibility of Cargill under the time charter for IBG’s acts or omissions in the conduct of cargo handling operations at the … Continue reading NYK Bulkship (Atlantic) Nv v Cargill International Sa: SC 11 May 2016

Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005

The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to hear the appeal. Held: The appeal was dismissed. The treaty was intended to encourage bilateral trading … Continue reading Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005

Mannai Investment Co Ltd v Eagle Star Assurance: HL 21 May 1997

Minor Irregularity in Break Notice Not Fatal Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th January 1995, although the … Continue reading Mannai Investment Co Ltd v Eagle Star Assurance: HL 21 May 1997

Central Trading and Exports Ltd v Fioralba Shipping Company: ComC 16 Jul 2014

The court was asked: ‘On a challenge to an arbitration award under section 67 of the Arbitration Act 1996, in what circumstances can the court prevent a party from relying on evidence which is relevant and admissible, but was not adduced before the arbitrators? Does it matter that the party who now seeks to rely … Continue reading Central Trading and Exports Ltd v Fioralba Shipping Company: ComC 16 Jul 2014

Regina v Cripps; Ex parte Muldoon: CA 1984

The Elections Commissioner had sought, some time after his order on a petition, to clarify the order from costs. Held: The Commissioner, and in turn Keith J, had been wrong to consider themselves not bound by Muldoon. What Mr Cripps (the Commissioner) had purported to do went far beyond what the slip rule permitted so … Continue reading Regina v Cripps; Ex parte Muldoon: CA 1984

Bilta (UK) Ltd and Others v Nazir and Others: ChD 30 Jul 2012

The company was said to have engaged in a fraud based on false European Trading Scheme Allowances, and had been wound up by the Revenue. The liquidators, in the company name, now sought recovery from former directors and associates. Held: The court dismissed the application: ‘First, the fact that there is, in accordance with my … Continue reading Bilta (UK) Ltd and Others v Nazir and Others: ChD 30 Jul 2012

UST-Kamenogorsk Hydropower Plant Jsc v AES UST-Kamenogorsk Hydropower Plant Llp: SC 12 Jun 2013

Arrangements between the parties owners and operators of a power plant in Kazakhstan required disputes to be arbitrated in London under ICC Rules. That clause was governed by English law, and the remainder by Kazakh law. A ruling by the Supreme Kazakh Court declared the arbitration clause invalid. The contractor began arbitration proceedings in England … Continue reading UST-Kamenogorsk Hydropower Plant Jsc v AES UST-Kamenogorsk Hydropower Plant Llp: SC 12 Jun 2013

S Ltd v C Ltd: ComC 27 Feb 2009

Defamation allegation not subject to arbitration The parties had an agreement referring disputes between them to arbitration. One party raised an allegation of defamation, but the arbitrator refused jurisdiction. The parties had chosen the London Metal Exchange for its expertise in metals trading, not defamation. Held: The choice of the LME did indicate the intention … Continue reading S Ltd v C Ltd: ComC 27 Feb 2009

Lexington Insurance Co v AGF Insurance Ltd: HL 30 Jul 2009

The respondent insurers had been held liable in Washington, and had been granted indemnity against the appellants by the Court of Appeal. The insurance contract had been under the law of Pennsylvania, but that of the re-insurance under the law of England and Wales. Held: The claimant’s appeal succeeded. The re-insurance contract was governed by … Continue reading Lexington Insurance Co v AGF Insurance Ltd: HL 30 Jul 2009

Di Placito v Slater and others: CA 19 Dec 2003

The parties had earlier compromised their dispute, with the claimant undertaking not to lodge any further claim unless he did so within a certain time. They now sought to commence action. Held: When considering whether to discharge such an undertaking the court should ask: ‘whether it would be just to deprive the respondent of the … Continue reading Di Placito v Slater and others: CA 19 Dec 2003

Hosking v Marathon Asset Management Llp: ChD 5 Oct 2016

Loss of agent’s share for breach within LLP The court was asked whether the principle that a fiduciary (in particular, an agent) who acts in breach of his fiduciary duties can lose his right to remuneration, is capable of applying to profit share of a partner in a partnership or a member of a limited … Continue reading Hosking v Marathon Asset Management Llp: ChD 5 Oct 2016

Clyde and Co Llp and Another v Winkelhof: QBD 22 Mar 2011

The claimant firm of solicitors sought an order requiring the defendant to amend her employment tribunal claim so as to accord with the partnership agreement to which she was party, and to submit to arbitration. The defendant said that statutory provisions said that her freedom to go to court could not be ousted, and that … Continue reading Clyde and Co Llp and Another v Winkelhof: QBD 22 Mar 2011

Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997

Account taken of circumstances wihout ambiguity The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside. Held: Investors having once assigned their causes of action to the ICS, could not later … Continue reading Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997

Bloomsbury International Ltd v Sea Fish Industry Authority and Department for Environment, Food and Rural Affairs: SC 15 Jun 2011

The 1995 Regulations imposed a levy on fish both caught and first landed in the UK and also on imported fish products. The claimants, importers challenged the validity of the latter charges, saying that they went beyond the power given by the 1981 Act, and also were contrary to EU law. Held: The appeal succeeded. … Continue reading Bloomsbury International Ltd v Sea Fish Industry Authority and Department for Environment, Food and Rural Affairs: SC 15 Jun 2011

Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004

Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004

A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

Allen Wilson Joinery Ltd v Privetgrange Construction Ltd: TCC 17 Nov 2008

The claimant sought summary judgment to enforce an arbitration award in a construction dispute. The defendants argued that the contract was not sufficiently evidenced in writing to accord with the 1996 Act. The claimants replied that any oral variations were trivial. Held: Akenhead J set out the requirements for writing as follows: ‘(a) For there … Continue reading Allen Wilson Joinery Ltd v Privetgrange Construction Ltd: TCC 17 Nov 2008

Haine v Secretary of State for Business Enterprise and Regulatory Reform and Another; Day v Haine: CA 11 Jun 2008

Former employees had obtained a protective award against the company for failing to consult on the impending redundancies and submitted proofs of debt to the liquidator who sought guidance from the court. The judge had held that since the Act provided only one remedy, the protective awards were not provable. Held: The appeal was allowed. … Continue reading Haine v Secretary of State for Business Enterprise and Regulatory Reform and Another; Day v Haine: CA 11 Jun 2008

Clyde and Co Llp v Van Winkelhof: EAT 26 Apr 2012

EAT JURISDICTIONAL POINTS Worker, employee or neither Working outside the jurisdiction Whether LLP equity member was a limb (b) worker under section 230(3). Allowing Claimant’s appeal, she was. Applying Lawson v Serco, Duncombe (No. 2) and Ravat, on any view Employment Tribunal entitled to conclude that it had jurisdiction territorially to entertain both whistleblowing claim … Continue reading Clyde and Co Llp v Van Winkelhof: EAT 26 Apr 2012

RJT Consulting Engineers Ltd v DM Engineering (NI) Ltd: CA 8 Mar 2002

The court considered what would amount to a contract in writing under the 1996 Act. Ward LJ said: ‘Section 107(2) gives three categories where the agreement is to be treated in writing. The first is where the agreement, whether or not it is signed by the parties, is made in writing. That must mean where … Continue reading RJT Consulting Engineers Ltd v DM Engineering (NI) Ltd: CA 8 Mar 2002

PST Energy 7 Shipping Llc and Another v OW Bunker Malta Ltd and Another: SC 11 May 2016

Parties had entered into a bunker supply contract which contained a retention of title clause in favour of the supplier. It purported to allow the buyer to use the goods before title came to be passed. Held: The owner’s appeal failed. It did not fall within the scope of the 1979 Act, and therefore the … Continue reading PST Energy 7 Shipping Llc and Another v OW Bunker Malta Ltd and Another: SC 11 May 2016

Davidson v Scottish Ministers: HL 15 Dec 2005

The complainant a prisoner sought an order that he should not be kept in conditions found to be inhumane. He had been detained in Barlinnie priosn. The Crown replied that a mandatory order was not available against the Scottish Ministers. Held: the respondent sought to rely upon what was no more than a slip of … Continue reading Davidson v Scottish Ministers: HL 15 Dec 2005

Newcastle Upon Tyne Hospitals NHS Foundation Trust v Haywood: SC 25 Apr 2018

Notice of dismissal begins when received by worker The court was asked: ‘If an employee is dismissed on written notice posted to his home address, when does the notice period begin to run? Is it when the letter would have been delivered in the ordinary course of post? Or when it was in fact delivered … Continue reading Newcastle Upon Tyne Hospitals NHS Foundation Trust v Haywood: SC 25 Apr 2018

Clyde and Co Llp and Another v Bates van Winkelhof: CA 26 Sep 2012

The claimant was a solicitor partner with the appellant limited liability partnership at their offices in Tanzania. She disclosed what she believed to be money laundering by a local partner. She was dismissed. She had just disclosed her pregnancy and claimed also in sex discrimination. The company appealed findings as to jurisdiction saying that she … Continue reading Clyde and Co Llp and Another v Bates van Winkelhof: CA 26 Sep 2012

Kleinwort Benson Ltd v Lincoln City Council etc: HL 29 Jul 1998

Right of Recovery of Money Paid under Mistake Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap agreements were unlawful. Kleinwort Benson then sought restitution of … Continue reading Kleinwort Benson Ltd v Lincoln City Council etc: HL 29 Jul 1998

Clyde and Co LLP and Another v van Winkelhof: SC 21 May 2014

Solicitor Firm Member was a Protected Worker The solicitor appellant had been a member of the firm, a limited liability partnership. She disclosed criminal misbehaviour by a partner in a branch in Africa. On dismissal she sought protection as a whistleblower. This was rejected, it being found that a member of such a firm was … Continue reading Clyde and Co LLP and Another v van Winkelhof: SC 21 May 2014