Several appellants, all from the same judge, complained of his handling of their cases. Held: The complaints about the decisions were entirely well-founded: ‘Nobody reading them could detect how the judge reached the conclusion he did, acting within the law and applying the relevant substantive law to the facts as found. That is partly because … Continue reading AA069062014 and Others: AIT 30 Aug 2017
The defendants were tenants of the claimant. They vacated the premises and stopped paying the rent. The claimant sought payment of the arrears of rent. The defendants said that the claimants should have taken steps to reduce their damages by seeking another tenant. Held: The defendant’s appeal against a ruling that a landlord was under … Continue reading Reichman and Another v Beveridge: CA 13 Dec 2006
1. Agriculture – agricultural products – trade – member states – third countries – monetary compensatory amounts – basic principles – purpose 2. Agriculture – agricultural products – trade – member states – third countries – monetary compensatory amounts – effects – position of importers and exporters in the member states – differences – complete … Continue reading Societe IRCA (Industria Romana Carni E Affini Spa) v Amministrazione Delle Finanze Dello Stato.: ECJ 7 Jul 1976
Failure to provide programme discriminated The claimant prisoner who had a learning disability said that he had been unable to complete the offending behaviour programmes because of his disability, that he had been kept in prison for much longer than he should have been as a consequence, and that the defendant should have made appropriate … Continue reading Gill, Regina (on The Application of) v Secretary of State for Justice: Admn 26 Feb 2010
‘When a local planning authority against the advice of its own professional advisers grants permission for a controversial development, what legal duty, if any, does it have to state the reasons for its decision, and in how much detail? Is such a duty to be found in statutory sources, European or domestic, or in the … Continue reading Dover District Council v CPRE Kent: SC 6 Dec 2017
(Gilbraltar) The parties disputed the management contract for a racing yacht, and also the juridiction of the Supreme Court of Gibraltar to hear the case. Bols said that under regulation 2(1) Gibraltar had no jurisdiction. Held: The English court had jurisdiction by virtue of the clear agreement of the parties. That parts of the agreement … Continue reading Bols Distilleries VB (T/A As Bols Royal Distilleries) and Another v Superior Yacht Services Ltd: PC 11 Oct 2006
Citations: [2011] ScotSC 61 Links: Bailii Jurisdiction: Scotland Coroners Updated: 26 November 2022; Ref: scu.463961
An authority investigating an application for registration of rights of common over land has an implied duty to ‘take reasonable steps to acquaint (itself) with the relevant information.’ A mere factual mistake has become a ground of judicial review, being described as ‘misunderstanding or ignorance of an established and relevant fact’.The House asked what it … Continue reading Secretary of State for Education and Science v Tameside Metropolitan Borough Council: HL 21 Oct 1976
The defendant was convicted of murder. Evidence during the trial suggested a possibility of manslaughter, but neither the defence nor prosecution proposed the alternate verdict. The defendant now appealed saying that the judge had an independent duty to leave that option to the jury. Held: The appeal succeeded. The judge should have left a manslaughter … Continue reading Regina v Coutts: HL 19 Jul 2006
The land-owners applied for a variation of a restrictive covenant to allow them to put a second house on their plot. They had bought out the right of the original builder, but a neighbour also had the benefit of the covenant. They now appealed the nil compensation awarded. Held: ‘it is perhaps difficult, as a … Continue reading Winter and Another v Traditional and Contemporary Contracts Ltd: CA 7 Nov 2007
The claimant appealed dismissal of his claim for race discrimination, saying that the defendant had failed to comply with its own disciplinary procedures. She had been accused of making inappropriate remarks after 9/11. The EAT had found that the ET had misunderstood the defendant’s procedures. Held: The appeal succeeded. The suspension had proceeded despite awareness … Continue reading H Aziz v Crown Prosecution Service: CA 31 Jul 2006
Citations: [2013] ScotSC 70 Links: Bailii Jurisdiction: Scotland Coroners Updated: 20 November 2022; Ref: scu.519280
The defendant appealed his conviction for driving with excess alcohol, saying that the court had failed to allow him to raise properly expert doubts as to the prosecution evidence. He sought to challenge the effect of preservatives on the sample of blood as tested by the prosecution. The prosecution expert had only given hearsay evidence … Continue reading Dhaliwal, Regina (on the Application Of) v Director of Public Prosecutions: Admn 16 Mar 2006
The defendants appealed against their convictions for murder saying that the court should not have relied upon hearsay evidence. A witness had refused to give evidence, but his earlier evidnece was used. Held: The appeals failed. The judge had acted properly in that when considering the exercise of his judgment under section 78 of the … Continue reading Adeojo and Another v Regina: CACD 6 Feb 2013
Tenants complained that the authority landlord had purported to vary a clause in his secure tenancy agreement which gave certain management rights to tenants. Held: The powers to let on secure tenancies were governed by statute. The clause which was removed was an unlawful fetter on the authorty’s powers and duties. As such the court … Continue reading Kilby v Basildon District Council: Admn 26 Jul 2006
Judges: Mr Justice Sullivan Citations: [2006] EWHC 1198 (Admin) Links: Bailii Statutes: Local Government (Miscellaneous Provisions) Act 1976 54(2) Jurisdiction: England and Wales Licensing Updated: 12 November 2022; Ref: scu.242555
The applicant alleged that his rights had been infringed by his dismissal from his post as driver transporting children and adults with physical and/or mental disabilities. He had stood for election as a candidate for the British National Party, a party then allowing only white nationals as members. The majority of his customers and a … Continue reading Redfearn v The United Kingdom: ECHR 6 Nov 2012
Citations: [2010] ScotSC 172 Links: Bailii Statutes: Fatal Accidents and Inquiries (Scotland) Act 1976 Jurisdiction: Scotland Coroners Updated: 05 November 2022; Ref: scu.464196
Citations: [2010] ScotSC 129 Links: Bailii Jurisdiction: Scotland Coroners Updated: 04 November 2022; Ref: scu.464151
Citations: [2011] ScotSC 186 Links: Bailii Jurisdiction: Scotland Coroners Updated: 04 November 2022; Ref: scu.464062
Citations: [2010] ScotSC 128 Links: Bailii Jurisdiction: Scotland Coroners Updated: 04 November 2022; Ref: scu.464150
Citations: [2010] ScotSC 111 Links: Bailii Scotland, Coroners Updated: 04 November 2022; Ref: scu.464137
Citations: [2010] ScotSC 61, [2010] ScotSC 62 Links: Bailii, Bailii Jurisdiction: Scotland Coroners Updated: 04 November 2022; Ref: scu.464099
Citations: [2010] ScotSC 52 Links: Bailii Jurisdiction: Scotland Coroners Updated: 04 November 2022; Ref: scu.464093
Citations: [2011] ScotSC 163 Links: Bailii Jurisdiction: Scotland Scotland Updated: 04 November 2022; Ref: scu.464031
Citations: [2011] ScotSC 183 Links: Bailii Statutes: Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Jurisdiction: Scotland Coroners Updated: 04 November 2022; Ref: scu.464050
Citations: [2012] ScotSC 74 Links: Bailii Scotland, Coroners Updated: 04 November 2022; Ref: scu.463944
Citations: [2011] ScotSC 103 Links: Bailii Statutes: Fatal Accidents and Inquiries (Scotland) Act 1976 Scotland, Coroners Updated: 04 November 2022; Ref: scu.463979
Citations: [2012] ScotSC 83 Links: Bailii Jurisdiction: Scotland Scotland Updated: 04 November 2022; Ref: scu.463945
Citations: [2011] ScotSC 83 Links: Bailii Jurisdiction: Scotland Scotland Updated: 04 November 2022; Ref: scu.463974
Citations: [2011] ScotSC 86 Links: Bailii Jurisdiction: Scotland Coroners Updated: 04 November 2022; Ref: scu.463975
Citations: [2012] ScotSC 66 Links: Bailii Jurisdiction: Scotland Coroners Updated: 04 November 2022; Ref: scu.463925
Citations: [2012] ScotSC 35 Links: Bailii Jurisdiction: Scotland Coroners Updated: 04 November 2022; Ref: scu.463898
The defendant had been refused bail. He had a previous conviction for rape, and now faced another charge. The custody time limit had also now expired. He complained that the removal of the statutory presumption in favour of bail infringed his rights. Held: Under s25, a defendant in this category should be granted bail only … Continue reading Regina (O) v Harrow Crown Court: Admn 16 Apr 2003
A request was made for an order that the Registrar General should provide information from his registers and records to enable a registered charity called the Post Adoption Centre to trace the applicant’s adopted daughter P, who had been made the subject of an adoption order very many years ago. Held: A clear benefit to … Continue reading In Re L (a Minor) (Adoption: Disclosure of Information): CA 12 Dec 1996
Judges: Mr Justice Lane Citations: [2022] EWHC 2623 (Admin) Links: Bailii Jurisdiction: England and Wales Planning Updated: 04 November 2022; Ref: scu.681976
The tenant was no longer in occupation of the demised premises when he served a s27 notice. Held: A business tenancy ceases at end of the lease, if the premises are not actually occupied by the tenant despite any notices given. The occupation was required for a tenancy to continue under s24(1). S 27(2) was … Continue reading Esselte Ab and British Sugar Plc v Pearl Assurance Plc: CA 8 Nov 1996
A Local Authority found guilty of a statutory nuisance is not thereby liable for a civil damages suit. Citations: Times 26-Nov-1996, [1996] EWCA Civ 998, [1997] 1 WLR 956, (1997) 29 HLR 640, [1997] Env LR 157 Links: Bailii Statutes: Public Health Act 1936 Part II (Nuisance etc) Jurisdiction: England and Wales Citing: Cited – … Continue reading Issa (Suing By her Next Friend and Father Issa) and Issa (Suing By her Next Friend and Father Issa) v Mayor and Burgesses of London Borough of Hackney: CA 19 Nov 1996
Individual officers, but not the police force itself are answerable in a race discrimination claim. The force is not vicariously liable for an individual officer’s acts. Citations: Gazette 06-Nov-1996, Times 10-Oct-1996, [1996] EWCA Civ 684, [1998] QB 65, (1997) 9 Admin LR 601, [1997] 1 All ER 289 Links: Bailii Statutes: Race Relations Act 1976 … Continue reading Farah v Commissioner of Police for Metropolis: CA 9 Oct 1996
The plaintiff was an eighteen year old girl who had had a friendship with the defendant, aged 28. The friendship broke down and the plaintiff said she would have no more to do with him, but the defendant did not accept this. There were many complaints against the defendant, including assaults, threats of violence, and … Continue reading Khorasandjian v Bush: CA 16 Feb 1993
The claimants had sponsored tennis players to wear their logo. The respondents organised tennis tournaments whose intended rules would prevent the display of the claimant’s logos. The claimants said that the restriction interfered with their rights to trade within Europe. Held: The rules were potentially a breach of the claimants rights to trade, and an … Continue reading Adidas-Salomon Ag v Drape and others: ChD 7 Jun 2006
The claimant’s brother had died whilst in custody. Prosecutions of police officers had failed, and the claimant alleged that Crown Prosecution Service had been negligent and discriminatory in its conduct of the prosecution. Citations: [2006] EWCA Civ 1741 Links: Bailii Statutes: Race Relations Act 1976 Jurisdiction: England and Wales Discrimination, Legal Professions Updated: 22 October … Continue reading Alder v The Chief Constable of Humberside Police and others: CA 18 Dec 2006
The claimant ship owners challenged an award on two grounds. First, with permission, the owners appealed under section 69 of the Arbitration Act 1996 on the following question of law: ‘Whether, as a matter of law, owners were entitled to refuse early re-delivery of the Aquafaith (the vessel) at Jintang on 9 August 2011 and … Continue reading Isabella Shipowner Sa v Shagang Shipping Co Ltd: ComC 26 Apr 2012
Prosecutor’s appeal by case stated against dismissal of charge of taking vehicle without the owner’s consent. Officer’s fleeting sight of defendant who was known to him driving. Citations: [2006] EWHC 1523 (Admin) Links: Bailii Statutes: Theft Act 1968 12(1) Jurisdiction: England and Wales Citing: Cited – Bracegirdle v Oxley and Cobley 1947 The facts proved … Continue reading Director of Public Prosecutions v Uddin: Admn 8 Jun 2006
The defendant had used public telephones to cause nuisance, annoyance, harassment, alarm and distress. He had made hundreds of obscene telephone calls to at least 13 women, and was convicted of causing a public nuisance. He argued that no call caused distress to more than one person, and that it was wrong to aggregate them. … Continue reading Regina v Johnson: CACD 14 May 1996
EAT Race Discrimination – Discrimination by other bodiesPractice and Procedure – Amendment(a) The Employment Tribunal correctly held it had no jurisdiction to hear Claimant’s case brought under the Race Relations Act 1976 s12 against the General Medical Council as a qualifying body.(b) If it did, and if it were necessary to decide the point, the … Continue reading Tariquez-Zaman v General Medical Council: EAT 20 Dec 2006
Leave to apply was pursued under the provisions of a Tomlin order. The parties had disputed the extent to which parts of the order should be exhibited to the court. Held: The Tomlin order should be amended to add terms necessary to give effect to the parties’ intentions. Citations: [2006] EWHC 904 (Ch) Links: Bailii … Continue reading Donington Park Leisure Ltd v Wheatcroft and Son Ltd: ChD 7 Apr 2006
(Australia) A debt can only be released and extinguished by an agreement for valuable consideration or an instrument of release under seal. Where a testator or testratrix appoints a debtor as executor under a will any cause of action against the debtor is extinguished because an executor cannot sue himself. Judges: Lord Wilberforce, Viscount Dilhorne, … Continue reading The Commissioner of Stamp Duties v Bone and Others: PC 5 Apr 1976
(Election Court) Judges: Lord Migdale Citations: [1964] ScotCS 3, 1965 SC 315, 1965 SLT 186 Links: Bailii Jurisdiction: Scotland Cited by: Distinguished – Director of Public Prosecutions v Luft HL 26-May-1976 The defendants were campaigning against the National Front in an election. They were separately said to have distributed leaflets infringing the 1949 Act, in … Continue reading Grieve v Douglas-Home: SCS 23 Dec 1964
The claimant had been dismissed as a teacher by the respondent Roman Catholic school after she became pregnant by a priest. She had been found to have been unfairly dismissed, but the tribunal had rejected her claim of discrimination for pregnancy. Judges: Mummery J P Citations: [1996] IRLR 372, [1997] ICR 33, [1996] UKEAT 1180 … Continue reading O’Neill v Governors of St Thomas More RC School and Another: EAT 24 May 1996
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
(Isle of Man) A scheme of arrangement was proposed for a company with involvement in several jurisdictions. An order in New York sought assistance in the vesting of shares and assets in the Isle of Man in the creditors committee. Cambridge was a majority shareholder in the Isle of Man company, but had no involvement … Continue reading Cambridge Gas Transport Corp v Official Committee of Unsecured Creditors (of Navigator Holdings Plc and Others): PC 16 May 2006
(Westminster Magistrates Court) Application on behalf of Julian Assange to have withdrawn an arrest warrant issued when Mr Assange did not surrender for extradition to Sweden. Citations: [2018] EW Misc B2 (MagC) Links: Bailii Statutes: Bail Act 1976 7 Jurisdiction: England and Wales Citing: See Also – Assange v The Swedish Prosecution Authority SC 30-May-2012 … Continue reading Assange, An Application By (Cancel An Arrest Warrant : Ruling No 1): Misc 6 Feb 2018
Citations: [2012] ScotSC 20 Links: Bailii Jurisdiction: Scotland Coroners Updated: 08 September 2022; Ref: scu.463887
The claimant appealed refusal to award damages after an alleged failure to give a proper reference, saying that the decision in Fadipe could not stand with the later decision in Rhys-Harper. She said that she had suffered victimisation after making a protected disclosure, but after having left the company. The company said that the Act … Continue reading Woodward v Abbey National Plc: CA 22 Jun 2006
The pursuers contracted to remove coal by opencast mining from the defender’s land. They said the contract assumed the removal first of substantial peat depositys from the surface by a third party. They had to do that themselves at substantial cost. They said the defenders should have issued a variation to allow them to claim … Continue reading AMEC Mining v Scottish Coal Company: SCS 6 Aug 2003
EAT JURISDICTIONAL POINTS – 2002 Act and pre-action requirements Whether the statutory grievance procedure applies to a claim of post-termination victimisation. It does.A claim alleging victimisation in consequence of evidence contained in witness statements served in proceedings in the employment tribunal failed for immunity. Judges: Peter Clark HHJ Citations: [2010] UKEAT 0022 – 10 – … Continue reading Parmar v East Leicester Medical Practice: EAT 5 Nov 2010
The court was asked: ‘Whether the common-law offence of perverting the course of public justice is committed where false evidence is given or made, not to defeat what the witness believes to be the ends of justice, or not to procure what the witness believes to be a false verdict.’ Photographs had been taken of … Continue reading Re S 36 Criminal Justice Act 1972; Attorney General’s Reference No 1 of 2002: CACD 14 Oct 2002
Citations: [2012] ScotSC 30 Links: Bailii Jurisdiction: Scotland Coroners Updated: 23 August 2022; Ref: scu.463899
Judges: Lord Justice Buxton Lord Justice Lloyd Lord Justice Richards Citations: [2006] EWCA Civ 287 Links: Bailii Statutes: Fatal Accidents Act 1976 4 Jurisdiction: England and Wales Citing: Cited – Wood v Bentall Simplex Ltd CA 1992 No aspect of the law of damages has been found in practice to be more dependent on the … Continue reading Harland and Wolff Plc Husbands Ltd v Patricia Lillian Mcintyre: CA 28 Mar 2006
EAT TRADE UNION RIGHTS – Action short of dismissal VICTIMISATION DISCRIMINATION – Other forms of victimisation The Employment Tribunal did not err in failing to determine the Appellant’s claim under Section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 on a balance of probabilities. The Appellant had also claimed victimisation under the … Continue reading Gayle v Sandwell and West Birmingham Hospitals NHS Trust: EAT 16 Apr 2010
Citations: [2011] ScotSC 118 Links: Bailii Jurisdiction: Scotland Coroners Updated: 18 August 2022; Ref: scu.463997
The court was asked as to the protection given by the 1925 Act to a purchaser, defined as one taking in good faith for valuable consideration. Held: A purchaser ‘cannot in my judgment be in good faith if he has in fact notice of something which affects his title’. Judges: Graham J Citations: (1976) 242 … Continue reading Peffer v Rigg and Another: ChD 17 Mar 1976
ECJ The principle that men and women should receive equal pay, which is laid down by article 119, is one of the foundations of the community. It may be relied on before the national courts. These courts have a duty to ensure the protection of the rights which that provision vests in individuals, in particular … Continue reading Defrenne v Sabena (No 2): ECJ 8 Apr 1976
In giving guidance on the use by industrial members of their life experience the EAT cautioned against an Employment Tribunal relying on the lay members’ experience to determine a case without giving the witness whose evidence they reject an opportunity to deal with the point(s) in issue. Provided that is done there is no reason … Continue reading Dugdale v Kraft Foods Ltd: EAT 28 Oct 1976
The applicant challenged the terms of a non-derogating control order. It was anticipated that unless prevented, he would fight against UK forces in Iraq. Held: The section allowed the Secretary of State to impose any necessary conditions, but subject to a system of supervision by the courts. The parties now disputed whether the Act gave … Continue reading MB, Re, Secretary of State for the Home Department v MB: Admn 12 Apr 2006
An employer’s liability for racial abuse by its employees is wider than its liability under the rules of vicarious liability. The statute created new obligations. Sex and race discrimination legislation seeks to eradicate the ‘very great evil’ of discrimination.Waite LJ said: ‘a statute is to be construed according to its legislative purpose, with due regard … Continue reading Tower Boot Company Limited v Jones: CA 11 Dec 1996
The plaintiff sought possession of two rooms in a house occupied by the defendants separately. The agreements stated that they were licences. The agreements excluded the occupiers between 10:30am and noon on each day. The occupiers claimed to be tenants with protection. Held: The tenants’ appeal against summary orders for posession were successful, and the … Continue reading Crancour Ltd v Da Silvaesa and Another: CA 26 Feb 1986
Citations: [2012] ScotSC 54 Links: Bailii Jurisdiction: Scotland Coroners Updated: 28 July 2022; Ref: scu.463915
Citations: [2012] ScotSC 53 Links: Bailii Jurisdiction: Scotland Coroners Updated: 28 July 2022; Ref: scu.463914
Appeal by way of case stated from the Youth Court as to the decision of the District Judge to hear at the same time and to give a single judgment where (a) there was a trial of one of two co-defendants who had pleaded not guilty to robbery and (b) there was a Newton hearing … Continue reading KK v Director of Public Prosecutions: Admn 29 Jul 2016
EAT PRACTICE AND PROCEDURE: Striking-out/dismissal VICTIMISATION DISCRIMINATION: Other forms of victimisation The Employment Judge wrongly struck out the Claimant’s claim of victimisation under the Race Relations Act 1976 when, post-termination of employment, the Claimant contended the Respondent took steps to avoid paying a sum awarded by the Employment Tribunal and ordered by the County Court. … Continue reading Coutinho v Rank Nemo (DMS) Ltd: EAT 16 Sep 2008
The court discussed the meaning of ‘other status’ under article 14, saying: ‘Article 14 prohibits, within the ambit of the rights and freedoms guaranteed, discriminatory treatment having as its basis or reason a personal characteristic (‘status’) by which persons or groups of persons are distinguishable from each other.’ Citations: 5926/72, [1976] ECHR 6, 5095/71, 5920/72, … Continue reading Kjeldsen, Busk Madsen and Pedersen v Denmark: ECHR 7 Dec 1976
The right to respect for private life was held to ‘comprise also, to a certain degree, the right to establish and develop relationships with other human beings’. Citations: 6825/74, [1976] ECHR 7, (1976) 5 DR 86 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: England and Wales Cited by: Cited – Wright and Others, … Continue reading X v Iceland: ECHR 18 May 1976
‘The main submission for the defenders was that the pursuers could not rely on Condition 5 to avoid liability for breaches of contract because the particular circumstances averred by the defenders as justifying their actions were not expressly covered by the condition. It was said that as the defenders averred that the pursuers’ failure in … Continue reading Alexander Stephen (Forth) Ltd v J J Riley (UK) Ltd: SCS 2 Mar 1976
EAT RACE DISCRIMINATION: Direct / Burden of proof / Other losses PRACTICE AND PROCEDURE: Delay in ET judgment STATUTORY DISCIPLINE and GRIEVANCE PROCEDURES: Impact on compensation C, aged 40, dismissed from bank ostensibly for redundancy, but the dismissal held by the Employment Tribunal to have been unfair and on racial grounds – Decision announced informally … Continue reading Abbey National Plc and Another v Chagger: EAT 16 Oct 2008
Application for leave to appeal. Judges: Munby J Citations: [2008] EWHC 1665 (Admin) Links: Bailii Statutes: Race Relations Act 1976 Jurisdiction: England and Wales Citing: Principle judgement – E v The Governing Body of JFS and Another Admn 3-Jul-2008 The court considered the impact of secular discrimination policy on admissions policies of religious schools. Held: … Continue reading E v The Governing Body of JFS and Another: Admn 16 Jul 2008
EAT Sex Discrimination – Inferring DiscriminationThe claimant sought compenstion for sex discrimination. She appealed a finding of a material factor justifying the difference in pay. Held: The new provisions included reference to the Code of Practice issued by the Equal Opportunities Commission, which provided that the employer should provide a transparent system for setting pay … Continue reading Barton v Investec Henderson Crosthwaite Securities Ltd: EAT 6 Mar 2003
Collin J considered the relation between the withholding of bail and human rights law saying: ‘The approach under the Bail Act is entirely consistent with the approach of the European Court as regarded proper under Article 5, namely there must be a grant of bail unless there are good reasons to refuse. The approach therefore … Continue reading Regina (on application of Thompson) v Central Criminal Court: Admn 6 Oct 2005
EAT Statutory Discipline and Grievance Procedures – Whether infringed Practice and Procedure – Application/claim The ET struck out the employee’s claims against Respondent (1), her employers, and Respondent (2), the managers of the unit in which she worked, that she had been the victim of race discrimination and rejected her review application. The basis of … Continue reading Henry v London Borough of Southwark and Another: EAT 26 Feb 2008
The court considered the interaction of the 1934 and 1976 Acts. Citations: [2007] EWHC 1875 (QB) Links: Bailii Statutes: Fatal Accidents Acts 1976, Law Reform (Miscellaneous Provisions) Act 1934 Jurisdiction: England and Wales Personal Injury, Damages Updated: 13 July 2022; Ref: scu.261911
The maritime law administered by Courts of Admiralty in England and Scotland is the same, and the doctrine of maritime lien for damages is part of that law. In order that a maritime lien should attach to a ship for damages done to another, some act of navigation of the ship itself must either mediately … Continue reading Currie v M’Knight: HL 16 Nov 1896
EAT The appellant lodged claims under the Race Relations Act 1976 against the First Respondent. He contended they were in time. The ET held that they had been lodged a day out of time and refused to extend time on the just and equitable ground. The EAT held that the chairman was right to find … Continue reading Virdi v Commisioner of Police of the Metropolis, Central Police Training and Development Authority (Centrex): EAT 6 Oct 2006
Judges: Swift J DBE Citations: [2008] EWHC 1708 (QB) Links: Bailii Statutes: Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1976 Jurisdiction: England and Wales Personal Injury Updated: 10 July 2022; Ref: scu.272260
The defendant appealed his conviction for rape, saying that other acquittals were inconsistent. Held: They were not. Leave refused. Judges: QBD P, Hallett LJ, Gloster J Citations: [2007] EWCA Crim 256 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Regina v Sheehan and Moore CACD 1975 The court approved a direction of law to … Continue reading Gallagher, Regina v: CACD 26 Mar 2007
SCIT INCOME TAX – preliminary issues – domicile, residence and ordinary residence in tax years 1992/93 to 2003/2004 – Appellant purchased house in the Seychelles in 1975 and obtained a residency permit in 1976 – Appellant indirectly retained house and assets in England – latterly the Appellant’s wife and son resided in England – whether … Continue reading Gaines-Cooper v Revenue and Customs: SCIT 31 Oct 2006
Appeal against decision to revoke licence to run lottery. Judges: Hidden J Citations: [1996] EWHC Admin 46 Links: Bailii Statutes: Lotteries and Amusements Act 1976 Jurisdiction: England and Wales Licensing Updated: 10 July 2022; Ref: scu.136594
The defendant appealed against his conviction for speeding. The speed camera was placed just after the 30mph limit was imposed, and the signs were obscured by foliage. Held: There was no case law direct on the point. The appeal was allowed. It was unnecessary to determine whether it would be sufficient for a defendant to … Continue reading Coombes v Director of Public Prosecutions: Admn 20 Dec 2006
The management introduced a new machine. The appellants left the premises and did not return. They were dismissed. They now appealed a finding that they had not been unfairly dismissed. Held: The appeal failed. Whether the employer had through his behaviour contributed to the industrial action was not relevant. Judges: Phillips J P Citations: [1976] … Continue reading Thompson and others v Eaton Ltd: EAT 14 Apr 1976
The defendants were campaigning against the National Front in an election. They were separately said to have distributed leaflets infringing the 1949 Act, in that the expenses were not authorised, and the leaflets did not have the name of the printer. One magistrate held that the offence was committed only if there was an intention … Continue reading Director of Public Prosecutions v Luft: HL 26 May 1976
The Court of Criminal Appeal of Northern Ireland certified that their decision involved two points of law of general public importance, namely whether, the defendant’s plea of insanity having been rejected by the jury, it was open to the accused to rely upon a defence of automatism: and, if the answer to (1) be in … Continue reading Bratty v Attorney General of Northern Ireland: HL 3 Oct 1961
The claimant appealed dismissals of his claim for race discrimination, harassment and victimisation. In a new job, other team members said they were uncomfortable alone with him, and his probationary period was extended because of his failure to fit in. He said the tribunal had erred in failing to apply the two stage test set … Continue reading Brown v London Borough of Croydon and Another: CA 26 Jan 2007
The claimant appealed against adverse findings on her claims of sex discrimination. The court considered questions arising from the provisions relating to the transfer of the burden of proof in a discrimination case. Held: Questions of the burden of proof are very common in discrimination cases: ‘The factual content of the cases does not simply … Continue reading Madarassy v Nomura International Plc: CA 26 Jan 2007
EAT Practice and Procedure – Compromise1. On the true construction of a compromise agreement in respect of claims arising on the termination of the contract of employment, claims arising during the relationship and arising otherwise than on termination were not compromised. The agreement did not meet the industry standard for such model agreements.2. Further the … Continue reading Palihakkara v British Telecommunications Plc: EAT 9 Oct 2006
EAT Practice and Procedure – Application/Claim The Claimant, a doctor, put forward a complaint to the Tribunal that the MDU, his professional body, had been guilty of race discrimination in the manner in which they had provided or failed to provide services to him in connection with disciplinary proceedings against him. The Tribunal rejected his … Continue reading Wagunyanya v Medical Defence Union Services Ltd: EAT 6 Jul 2006
The claimant had been employed by the defendants as a nanny. She threatened to leave, but then was injured in a car acident and given a sick note. The employer immediately engaged someone else. She was found to have been unfairly dismissed. The employer complained that she should only have been awarded SSP. The EAT … Continue reading Burlo v Langley and Carter: CA 21 Dec 2006
The defendants requested the claim to be struck out as disclosing no proper case, and further for a civil restraint order. Judges: Cox J Citations: [2006] EWHC 1976 (QB) Links: Bailii Jurisdiction: England and Wales Litigation Practice Updated: 08 July 2022; Ref: scu.347106
The employee was an engineer. She worked on field assessments and in the manufacture and adaptation of equipment. She was suspended for alleged bullying and harassment and given a final written warning. It was proposed that she should be relocated to another office, but she refused. She was told that she had resigned. The Tribunal … Continue reading Scope v Thornett: CA 27 Nov 2006
The father appealed an award of periodical payments to a former partner. She had a child by an earlier relationship. The father was immensely rich and during the relationship made financial provision for the child by the earlier relationship also. The order now appealed continued that. The father said that the court had wrongly interfered … Continue reading Morgan v Hill: CA 28 Nov 2006
The sub-contractor’s workman fell through a skylight and died. His employers having settled, obtained contribution orders from the main contractors and building owners who each now appealed. Held: Whether main contractors were also liable to an injured workman was a mixed question of fact and law. The main contractors were in this case not liable. … Continue reading EH Humphries (Norton) Ltd. Thistle Hotels Plc v Fire Alarm Fabrication Services Ltd: CA 10 Nov 2006