EAT Contract of Employment – Definition of employee EAT Contract of Employment – Definition of employee. Judges: The Honourable Mr Justice Rimer Citations: UKEAT/193/03, [2003] UKEAT 0193 – 03 – 2111 Links: Bailii, EAT Jurisdiction: England and Wales Employment Updated: 10 June 2022; Ref: scu.193993
The pupil had been excluded from school but then ordered to be re-instated. The teachers, through their union, refused to teach him claiming that he was disruptive. The claimant appealed a refusal of an injunction. The injunction had been refused on the basis that this was an employment dispute. The union had failed successfully to … Continue reading In re P (a minor by his mother and litigation friend); P v National Association of Schoolmasters/Union of Women Teachers: HL 27 Feb 2003
The complainant requested statistics which formed the basis for a report produced by OFCOM. The information was withheld under section 44 of the Act (prohibitions on disclosure). OFCOM stated that the relevant statutory prohibition was section 393 of the Communications Act 2003. The Commissioner has considered the complaint and is satisfied that the requested information … Continue reading Office of Communications (Decision Notice): ICO 22 Jul 2009
The court was asked ‘whether a domestic statutory prohibition of political advertising on television and radio violated the human right of would-be political advertisers to freedom of expression through those media. ‘ Held: A declaration of incompatibility was refused. Certificate for leapfrog appeal to House of Lords granted. Judges: Auld LJ and Ouseley J Citations: … Continue reading Animal Defenders International, Regina (on the Application of) v Secretary of State for Culture Media and Sport: Admn 4 Dec 2006
The court considered an appeal where the defendant had entered a plea of guilty but had felt himself under undue pressure from the judge. Held: The court urged caution in the practice of counsel seeing the judge in his chambers, though accepted that there must be freedom of access between counsel and the judge when … Continue reading Regina v Turner: CACD 1970
The claimant, a radio presenter sought judicial review of the respondent’s finding (against the broadcaster) that a radio interview he had conducted breached the Broadcasting Code. He had strongly criticised a proposal to ban smokers from being foster parents, criticising the interviewee (author of the ban) as a Health Nazi, and otherwise insulting him. It … Continue reading Gaunt v OFCOM and Liberty: QBD 13 Jul 2010
ECHR (Grand Chamber) Article 10-1 Freedom of expression Refusal of permission for non-governmental organisation to place television advert owing to statutory prohibition of political advertising: no violation Facts – The Communications Act 2003 prohibits political advertising in television or radio services, the aim being to maintain impartiality in the broadcast media and to prevent powerful … Continue reading Animal Defenders International v The United Kingdom: ECHR 22 Apr 2013
The system under which the registered keeper of a vehicle was obliged to identify herself as the driver, and such admission was to be used subsequently as evidence against her on a charge of driving with excess alcohol, was not a breach of her right to a fair trial. The right not to give evidence … Continue reading Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000
The applicant, a non-profit company who campaigned against animal cruelty, sought a declaration of incompatibility for section 321(2) of the 2003 Act, which prevented adverts with political purposes, as an unjustified restraint on the right of political expression. Held: Though the regulation was an interference in the claimant’s right of free expression, it was prescribed … Continue reading Animal Defenders International, Regina (on the Application of) v Secretary of State for Culture, Media and Sport: HL 12 Mar 2008
The defendant had been a member of the security services. On becoming employed, and upon leaving, he had agreed to keep secret those matters disclosed to him. He had broken those agreements and was being prosecuted. He sought a decision that the defence that the disclosures had been made by him in the public or … Continue reading Regina v Shayler: HL 21 Mar 2002