The claimant sought damages saying that she had been falsely imprisoned, raped and drugged by the defendant who had since died. Held: The court had only the evidence of the claimant, and must be careful in examining it. On that evidence the case was found to be established. Such allegations fell to be treated as … Continue reading Lawson v Glaves-Smith, Executor of the Estate of Dawes (Deceased): QBD 14 Nov 2006
Claims arose from accidents caused by standing water on roadway surfaces after drains had not been cleared by the defendants over a long period of time. The Department appealed a decision giving it responsibility under a breach of statutory duty under the 1980 Act. Held: The appeal failed. The court was asked whether Burnside v … Continue reading Department for Transport, Environment and the Regions v Mott Macdonald Ltd and others: CA 27 Jul 2006
The defendants appealed an injunction which prevented them soliciting business from any customer of the claimant for one year, granted pursuant to a restrictive covenant contained in a franchise agreement. Held: The injunction was discharged. The claimant had deducted more than was due to it during the franchise, and was in breach. This amounted to … Continue reading Stone and Another (T/A Tyre 20) v Fleet Mobile Tyres Ltd: CA 31 Aug 2006
From failure to make compensation orders Judges: Lord Justice Hooper Citations: [2006] EWCA Crim 796 Links: Bailii Statutes: Criminal Justice Act 1988 36 Jurisdiction: England and Wales Criminal Sentencing Updated: 24 November 2022; Ref: scu.240365
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 claimants appealed a preliminary decision against them as to whether they had correctly served a sufficient notice of their intention to make a claim in a commercial investment syndicate agreement. Held: The claimants’ solicitor had written a letter. The judge at first instance concluded that it did not satisfy the requirements to constitute notice. … Continue reading Forrest and others v Glasser and Another: CA 31 Jul 2006
Each claimant sought damages after being exposed to asbestos dust. The defendants resisted saying that the injury alleged, the development of pleural plaques, was yet insufficient as damage to found a claim. Held: (Smith LJ dissenting) The defendants appeals succeeded. The claimants had three possible claims, none of which on their own would amount to … Continue reading Rothwell v Chemical and Insulating Co Ltd and Another: CA 26 Jan 2006
The court considered cases referred to it by the Criminal Cases Review Commission. Each related to convictions for sexual assaults on children in care. New material including several untrue allegations by the complainants suggested that the convictions might be unsafe. Held: The evidence of other similar allegations and history of unreliability made the convictions safe. … Continue reading Siddall and Brooke, Regina v: CACD 15 Jun 2006
The claimant sought damages after his agency with the defendants was terminated. The central issue was whether compensation was to be calculated at two years commission as derived from French practice or otherwise. Held: ‘there is no clear agreement on the principles governing the assessment of compensation under regulation 17(6) . . . the common … Continue reading Lonsdale v Howard and Hallam Ltd: CA 8 Feb 2006
Article 135(1)(a) of the Principal VAT Directive (2006/112/EC). Insurance and reinsurance transactions, including related services performed by insurance brokers and insurance agents exempt. Whether supply of Appellant’s services amounted to insurance transactions and/ or were related to an insurance transaction. Claims for recovery of compensation for mis-sold Payment Protection Insurance. Card Protection Plan Ltd v … Continue reading Claims Advisory Group Ltd v Revenue and Customs (Insurance and Reinsurance Transactions): FTTTx 6 Aug 2019
ECJ Article 81 EC- Competition – Agreements, decisions and concerted practices – Accidents caused by motor vehicles, vessels and mopeds – Compulsory civil liability insurance – Increase in premiums – Effect on trade between Member States – Right of third parties to claim compensation for harm suffered – National courts and tribunals having jurisdiction – … Continue reading Manfredi v Lloyd Adriatico Assicurazioni SpA; Antonio Cannito v Fondiaria Sai SpA, Nicolo Tricarico; Pasqualina Murgolo v Assitalia SpA C-298/04: ECJ 13 Jul 2006
Europa Article 81 EC- Competition – Agreements, decisions and concerted practices – Accidents caused by motor vehicles, vessels and mopeds – Compulsory civil liability insurance – Increase in premiums – Effect on trade between Member States – Right of third parties to claim compensation for harm suffered – National courts and tribunals having jurisdiction – … Continue reading Manfredi v Lloyd Adriatico Assicurazioni SpA; Antonio Cannito v Fondiaria Sai SpA, Nicolo Tricarico; Pasqualina Murgolo v Assitalia SpA C-297/04: ECJ 13 Jul 2006
The claimant sought damages from the defendant alleging abuse of email systems by sending large quantities of email spam. The defendant argued that the claimant had suffered no damage and had no standing to make a claim. Held: The claim could proceed. The threshold question was determined according normal principles in deciding whether a private … Continue reading Microsoft Corporation v McDonald: ChD 12 Dec 2006
Judges: Patten J Citations: [2006] EWHC 27 (Ch) Links: Bailii Statutes: Pension Schemes Act 1993 151(4), Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000 8 Jurisdiction: England and Wales Local Government, Employment Updated: 25 September 2022; Ref: scu.237911
Houses/Flats – Enfranchisement, Lease Extensions and Compensation for Loss. Application to determine amount to be paid into court under section 9(1) of the 1967 Act. Citations: [2006] EWLVT LON – LV – HEL – 00BE – 0 Links: Bailii Statutes: Leasehold Reform Act 1967 9(1) 21 Jurisdiction: England and Wales Landlord and Tenant Updated: 16 … Continue reading 31 Tower Bridge Road – Southwark : London (Houses/Flats – Enfranchisement, Lease Extensions and Compensation for Loss): LVT 11 May 2006
Parish members objected to the building within the church grounds of an education centre. They said that the land was to be used for the purposes of the members of the parish only under a trust deed of 1851. Held: The deed had to be construed in its context at the time. At the time … Continue reading St Mary and St Michael Parish Advisory Company Ltd v The Westminster Roman Catholic Diocese Trustee, Her Majesty’s Attorney Genera and others: ChD 6 Apr 2006
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 claimant sought to enforce a joint venture agreement under which a loan had been made. They said the defendant had accepted an obligation to secure repayment or indemnify them. The defendant said it had adopted only an administrative role. Held: The case depended upon the meaning of the word ‘procure’. That was settled in … Continue reading Nearfield Ltd v Lincoln Nominees Ltd and Lincoln Trust Company Ltd: ChD 9 Oct 2006
The defendant appealed against the making of a confiscation order, saying that the court had erred in the procedure for forfeiting drugs. Held: The appeal failed. The section contained an express prohibition against making both a forfeiture and a confiscation order. However the object of the act should not be frustrated by the erroneous imposition … Continue reading Regina v Donohoe: CACD 28 Jul 2006
Judges: The Honourable Sir Michael Turner Citations: [2004] EWHC 1372 (QB) Links: Bailii Statutes: Civil Liability Act 1978 Jurisdiction: England and Wales Citing: Cited – Morris v West Hartlepool Steam Navigation HL 1956 The ship had followed a practice of leaving the between deck hatch covers off in the absence of a guard rail around … Continue reading AB and others v British Coal Corporation and Coal Mining Contractor Defendants: QBD 22 Jun 2004
COMPENSATION – Costs – s.4(1) of Land Compensation Act 1961 – s.3(5) of Lands Tribunal Act 1949 – S. 11(1) of Compulsory Purchase Act 1965 – Interest payable on compensation agreed for injurious affection – Delay in accepting sealed offer – Reason for order for costs against claimant. Citations: [2006] EWLands ACQ – 45 – … Continue reading Tollgate Hotels Ltd v Secretary of State for Transport: LT 1 Jun 2006
COMPENSATION – compulsory purchase – house in dilapidated and uninhabitable condition – untraceable owner – valuation – comparable transactions – Housing Act 1985 s.17 and Land Compensation Act 1961 Part 1 – compensation determined at pounds 260,000 Citations: [2006] EWLands ACQ – 14 – 2005 Links: Bailii Jurisdiction: England and Wales Land Updated: 14 August … Continue reading Hussain v London Borough of Newham: LT 15 Feb 2006
COMPENSATION – compulsory purchase – preliminary issue – jurisdiction of Lands Tribunal to entertain reference – notice to treat – whether notice to treat withdrawn – whether notice of claim delivered – Land Compensation Act 1961 ss 4, 31 Citations: [2006] EWLands ACQ – 114 – 2004 Links: Bailii Jurisdiction: England and Wales Land Updated: … Continue reading Acton and Another v Trustees of Birmingham South West Circuit Methodist Church Manses Trust: LT 29 Jun 2006
Compensation – Land Compensation Act 1973 Part 1 – Highway not maintainable at public expense within 3 years of opening – Effect of agreement to adopt under s.38(3) of Highways Act 1980 – Interpretation of s. 19(3) of Land Compensation Act under s.3 of Human Rights Act 1998 – Meaning of ‘0n his behalf’ in … Continue reading O’Connor and Another v Wiltshire County Council: LT 6 Feb 2006
CPAG appealed against a refusal of a declaration that the respondent could use only the 1992 Act to recover overpayment of benefits where there had been neither misrepresentation nor non-disclosure. Held: The appeal succeeded, and the court made a declaration that: ‘where a benefit falling within section 71(11) of the Social Security Administration Act 1992 … Continue reading Child Poverty Action Group, Regina (on the Application of) v Secretary Of State for Work and Pensions: CA 14 Oct 2009
The claimant investors said that their financial adviser, the defendant insolvent company, had given them negligent advice. The action was brought as a preliminary to claiming against the defendant’s insurers under the 1930 Act, in the way made necessary by the Post Office and Bradley cases. Limitation defences were deployed to strike the action out. … Continue reading Financial Services Compensation Scheme Ltd v Larnell (Insurances) Ltd: CA 29 Nov 2005
COMPENSATION – Sections 107 and 108 of the Town and Country Planning Act, 1990 – use of agricultural land – Preliminary Issue not determinative. Citations: [2006] EWLands LCA – 167 – 2005 Links: Bailii Jurisdiction: England and Wales Planning Updated: 04 August 2022; Ref: scu.244521
RESTRICTIVE COVENANT … discharge ( school site – restrictions on form of housing on redevelopment – held obsolete in part – whether maintenance of restrictions contrary to public interest – whether restrictions securing practical benefits of substantial value or advantage – whether injury – compensation of pounds 7,500 awarded in respect of one objection – … Continue reading Havering College of Further and Higher Education: LT 6 Oct 2006
COMPENSATION – electricity – underground cables – land with planning permission for waste transfer station – statutory wayleaves for retention – preliminary issues – injurious affection – valuation method – quantum – disturbance claim for loss of profits – entitlement to this – factual basis for determination of claim – mitigation of loss – Electricity … Continue reading Welford and others v EDF Energy Networks (LPN) Plc: LT 10 Mar 2006
The EAT considered the effect of an employer’s failure to comply with the statutory procedures in a redundancy. Held: ‘there is an automatically unfair dismissal where there is a failure fully to comply with any relevant statutory procedure. Compliance with the statutory procedure does not, however, mean that the dismissal is necessarily fair or cannot … Continue reading Alexander and Hathersley v Bridgen Enterprises Ltd: EAT 29 Mar 2006
COMPENSATION – planning permission – revocation – Article 4 direction – Town and Country Planning General Development Order 1995 – whether indoor swimming pool and leisure block permitted development – estoppel – valuation – Town and Country Planning Act 1990, ss 107, 108 and 117 – compensation awarded pounds 31,700 Citations: [2006] EWLands LCA – … Continue reading Smith and Another v South Staffordshire District Council: LT 27 Jun 2006
ECJ Article 81 EC- Competition – Agreements, decisions and concerted practices – Accidents caused by motor vehicles, vessels and mopeds – Compulsory civil liability insurance – Increase in premiums – Effect on trade between Member States – Right of third parties to claim compensation for harm suffered – National courts and tribunals having jurisdiction – … Continue reading Manfredi v Lloyd Adriatico Assicurazioni SpA; Antonio Cannito v Fondiaria Sai SpA, Nicolo Tricarico; Pasqualina Murgolo v Assitalia SpA C-295/04: ECJ 13 Jul 2006
ECJ Article 81 EC- Competition – Agreements, decisions and concerted practices – Accidents caused by motor vehicles, vessels and mopeds – Compulsory civil liability insurance – Increase in premiums – Effect on trade between Member States – Right of third parties to claim compensation for harm suffered – National courts and tribunals having jurisdiction – … Continue reading Vincenzo Manfredi v Lloyd Adriatico Assicurazioni SpA etc: ECJ 13 Jul 2006
Citations: [2006] UKEAT 0135 – 06 – 1511 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Redcar and Cleveland Borough Council v Bainbridge and others EAT 16-Oct-2006 EAT Equal pay in the North East. Women whose jobs had been rated as equivalent with comparator men (and in some cases had been rated higher) … Continue reading Redcar and Cleveland Borough Council v Bainbridge and others: EAT 15 Nov 2006
EAT Unfair Dismissal: CompensationCompensation for unfair dismissal was capped at 6 months’ forward losses on the ground that the Claimant would have been dismissed at that stage. Since the parties could make attempts to work together, applying Gover v Propertycare and cases cited in it, the Employment Tribunal could not sensibly recreate the world as … Continue reading Carole Thornett v Scope: EAT 7 Feb 2006
EAT The employee made a claim for sexual harassment against her employer and an individual who effectively ran the company. No response was entered and the Chairman entered a default judgment on liability only. Some months later a remedies hearing was fixed and the individual (the Second Appellant) turned up and wished to make representations. … Continue reading D and H Travel Ltd, Henderson v Foster: EAT 24 Jul 2006
EAT Practice and Procedure – Review Employers conceded liability for holiday pay under the Working Time Regulations at the Employment Tribunal. They did so on the basis that the decision of the EAT in List Design Group v Douglas [2002] ICR 636 gave the employee an entitlement with respect to three years’ holiday pay. A … Continue reading Griffin v City and Islington College: EAT 28 Nov 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 claimant was injured working for the defendants on a semi-submersible platform. He fell from a ladder which was not secured properly. He alleged a breach of the Regulations. The defendant denied any breach and asserted that the claimant had contributed to the accident by his negligence. Held: The employee’s appeal succeeded. The aim in … Continue reading Robb v Salamis (M and I) Ltd: HL 13 Dec 2006
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 bank had sought summary dismissal of a claim for non-payment of bonuses to the claimant a former employee, and now appealed refusal of its request for summary dismissal, saying that the claim had no prospect of success. The claimant said that though the payments were discretionary, it was an implied term that the bank … Continue reading Commerzbank Ag v Keen: CA 17 Nov 2006
LT COMPENSATION – demolition order – claimant with leasehold interest in part of building the subject of demolition order – whether entitled to compensation – Housing Act 1989 s 584A Citations: [2006] EWLands LCA – 7 – 2006 Links: Bailii Statutes: Housing Act 1989 584A Housing Updated: 08 July 2022; Ref: scu.245451
A collective compensation agreement, which required affected persons to submit their claims, along with medical evidence, through authorised solicitors to be compensated on the basis of agreed damages formula, was introduced. Judges: Pill LJ, Rix LJ, Arden LJ Citations: [2006] EWCA Civ 1357 Links: Bailii Jurisdiction: England and Wales Citing: See Also – AB and … Continue reading AB and others v British Coal Corporation and others: CA 19 Oct 2006
LT COMPENSATION – injurious affection – Compulsory Purchase Act 1965 s 10 – preliminary issue – motorway service area – junction alterations affecting trade – whether damage suffered as result of ‘works’ – whether particular damage suffered – held claim for compensation may lie. Citations: [2006] EWLands LCA – 122 – 2005 Links: Bailii Statutes: … Continue reading Moto Hospitality Ltd v Highways Agency: LT 28 Jul 2006
EAT Unfair Dismissal – Polkey deductionAppeal on basis that Chairman failed to consider whether a Polkey deduction was appropriate in a failure to consult redundancy unfair dismissal. Respondent had been debarred from taking part after late ET3 and Rule 9 decision. Need for care by Tribunals in such circumstances. Appeal on this ground successful. Other … Continue reading NSM Music Ltd v Leefe: EAT 20 Jun 2006
The doctor complained of the use of Alert letters where he was suspected of sexual abuse of patients, but the allegations were unsubstantiated. He complained particularly that he had been acquitted in a criminal court and then also by the professional conduct committee of the GMC. Held: There had been very poor administration of the … Continue reading Dr D, Regina (on the Application of) v Secretary of State for Health: CA 19 Jul 2006
The prisoner had been released on licence but then recalled. He complained that the procedure infringed his human rights. He had been convicted of manslaughter, and was seen to be a long term danger. The court awarded him compensation saying that the parole board had unduly delayed in informing him of the reasons for his … Continue reading Hirst v Secretary of State for the Home Department: CA 6 Jul 2006
EAT Practice and Procedure: Striking-out/dismissal – Split hearings – Employment Tribunal refused several applications for an adjournment of the liability hearing because of the Respondent’s illness and proceeded to find Respondent guilty of two acts of direct discrimination. At the remedies hearing the same Employment Tribunal found it would not be just and equitable to … Continue reading Deman v Coates: EAT 12 May 2006
EAT The Claimant was dismissed in December 2004 after defects in his performance had appeared in August 2004. Because of the delay and for other reasons which they set out in detail the Tribunal were not satisfied that the dismissal was truly for misconduct and therefore found that the dismissal was unfair. Held: The Tribunal’s … Continue reading Hertz (UK) Ltd v Ferrao: EAT 10 Mar 2006
EAT The appellant was a student nurse. He was required to be chaperoned when carrying out intimate procedures on female patients whereas a female student nurse was not required to have a chaperone when carrying out intimate procedures on male patients. The respondent accepted that this was direct discrimination and therefore could not be justified … Continue reading Moyhing and Another v Barts and London NHS Trust: EAT 28 Apr 2006
The claimant had been injured in a road traffic accident for which the defendant was responsible in negligence. The defendant was not insured, and so a claim was to be made against the MIB. The plaintiff issued proceedings just before the expiry of the period, but failed to give first the requisite formal notice to … Continue reading Horton v Sadler and Another: HL 14 Jun 2006
The employer appealed against findings of unfair dismissal and disability discrimination. The employee worked in IT. He was profoundly deaf, but could lip read and read sign language. He had been accused of obtaining improper access to a senior staff member’s emails. During the disciplinary hearing, he had been assisted by an interpreter for part … Continue reading Taylor v OCS Group Ltd: CA 31 May 2006
ECJ Officials – Career development report – Action for annulment – Action for compensation – Manifest error of assessment – Obligation to state reasons – Misuse of powers – Psychological harassment Citations: T-73/05, [2006] EUECJ T-73/05, [2006] EUECJ T-73/05 Links: Bailii, Bailii European Updated: 06 July 2022; Ref: scu.241910
The parties to the action had given cross undertakings to support the grant of an interim injunction. A third party subsequently applied to be joined, and now sought to take advantage of the cross undertakings to claim the losses incurred through the giving of the ‘wrongful undertakings’ Held: The joined party, who had not itself … Continue reading Smithkline Beecham Plc Glaxosmithkline UK Ltd and Another v Apotex Europe Ltd and others (No 2): CA 23 May 2006
The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out to evict her. She claimed that the authority had to get a court authority before so evicting her. … Continue reading Desnousse v London Borough of Newham and others: CA 17 May 2006
EAT The Employment Tribunal had erred in its construction of direct discrimination under s3A(5) of the Disability Discrimination Act 1995 as amended when it failed to construct a correct hypothetical comparator for the Claimant who was an HIV+ care worker dismissed because of the risk of transmission to users of the Respondent’s health care facilities. … Continue reading High Quality Lifestyles Ltd v Watts: EAT 10 Apr 2006
The claimants sought damages after contracting meselothemia working for the defendants. The defendants argued that the claimants had possibly contracted the disease at any one or more different places. The Fairchild case set up an exception to the rule, so that the defendants could be liable for all the losses despite the fact that others … Continue reading Barker v Corus (UK) Plc: HL 3 May 2006
EAT Unfair Dismissal: Procedural Fairness/Automatically Unfair Dismissal; Compensation The reversal of Polkey . . 1987) IRLR 503 effected by Employment Rights Act 1996 s98A(2) applies to dismissals occurring on or after 1 October 2004. It applies to a failure to follow a procedure or policy covering dismissal, whether in writing or existing by custom and … Continue reading Mason v Ward End Primary School: EAT 12 Apr 2006
SCIT CAPITAL GAINS TAX – Roll-relief – Goodwill – Franchisor purchasing Franchisees’ restaurant businesses – part of the consideration allocated to goodwill not inherent in the property of the restaurant business – whether HM Revenue and Customs were bound by the terms of the contract of sale which was honestly reached and at arms length … Continue reading Balloon Promotions Ltd and others v Revenue and Customs: SCIT 3 Mar 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 claimant had been dismissed shortly after becoming unable to work. She sought payment of her normal salary during the period of notice saying this was established good practice. Held: ‘We are put in the invidious position of being bound by a Court of Appeal decision which seems to the majority to conflict with a … Continue reading Langley and Another v Burso: EAT 3 Mar 2006
EAT Unfair Dismissal: Mitigation of Loss and Public Interest Disclosure The Tribunal found that, after dismissal, the employee had unreasonably ‘taken herself out of the world of work’ by enrolling on a 4 year university course and calculated her compensation for loss of earnings and loss of pension for unfair dismissal only to the start … Continue reading Williams v North Tyneside Council: EAT 31 Jan 2006
EAT Unfair Dismissal: Reasonableness of Dismissal and CompensationEmployment Tribunal correctly applied the objective test of the band of reasonable responses to the facts it found. Appeal against liability dismissed.On the basic award of compensation, it did not err when it did not reduce the award by 50% as it had for contributory fault in respect … Continue reading Compass Group UK and Another v Baldwin: EAT 5 Jan 2006
EAT Unfair Dismissal: Contributory Fault and Practice and Procedure: Appellate Jurisdiction/Reasons/Burns-BarkeQuantum of compensation – employee said illness was aggravated in part from dismissal. Tribunal found dismissal unfair but employee would have been dismissed 13 months later for sickness absence. Tribunal did not address in its reasons employee’s contention that illness was in part a consequence … Continue reading O’Hara v Jackstone Froster Ltd: EAT 30 Jan 2006
The court considered whether a clause in an employment agency’s terms and conditions amounted to a penalty and was unenforceable. The contract provided that if the offer was withdrawn by the eventual employer after acceptance but before the employment was taken up, the customer was to pay one third of the annual fee. Held: The … Continue reading Euro London Appointments Ltd v Claessens International Ltd: CA 6 Apr 2006
The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in a criminal trial, and had asked the police for support having received threats. Other witnesses had also suffered intimidation including acts of arson to cars and premises. The police officer had been disciplined for failing to respond … Continue reading Van Colle v Hertfordshire Police: QBD 10 Mar 2006
Judges: Lawrence Collins J Citations: [2006] EWHC 480 (Ch) Links: Bailii Statutes: Solicitors Act 1974, Law Society Compensation Fund Rules 1995 Jurisdiction: England and Wales Citing: Cited – Sritharan v Law Society CA 27-Apr-2005 The Law Society had intervened in the applicant’s legal practice as a solicitor, and his practising certificate had been automatically suspended. … Continue reading Ahmed and Co, Biebuyck Solicitors, Dixon and Co and Others, Re; Law Society: ChD 14 Mar 2006
The worker was employed via an employment agency. The contract the company had was with the agency, and the agency had the contract with the worker. The worker claimed an implied contract of employment with the end-user. Held: The end-user company’s appeal failed. The ET was entitled to hold that Mr Muscat had been an … Continue reading Cable and Wireless Plc v Muscat: CA 9 Mar 2006
The claimant sought damages from his accountants, claiming negligence. The accountants pleaded limitation. They had advised him in connection with an investment in a company which investment went wrong. Held: It was argued that the limitation period was to be extended until three years after the discovery by the claimant of why it was that … Continue reading Haward and others v Fawcetts: HL 1 Mar 2006
COMPENSATION – Costs – Sealed offer accepted – S.4(1) of Land Compensation Act 1961 – s.3(5) of Lands Tribunal Act 1949 – Reasonable time for acceptance of sealed offer – Guidance as to form of sealed offer Citations: [2006] EWLands CON – 87 – 2004 Links: Bailii Statutes: Land Compensation Act 1961 4(1) Jurisdiction: England … Continue reading Chapter Group Plc v London Regional Transport and Another: LT 25 Jan 2006
LT COMPENSATION – planning permission – discontinuance order – preliminary issue – airfield – scope and effect of planning permissions granted under s73A of Town and Country Planning Act 1990 – whether conditions would continue to bind adjoining land the subject of an earlier, less restrictive planning permission – issue estoppel – abuse of powers … Continue reading Williamson v Mid-Suffolk District Council: LT 18 Jan 2006
The claimant companies had paid corporation tax under rules which had later been found to be discriminatory. They now sought repayment by virtue of double taxation agreements with the countries in which the parent companies were based. Held: The double agreements required the taxation provisions should not treat worse ‘other similar enterprises of that first-mentioned … Continue reading Boake Allen Ltd and others v HM Revenue and Customs: CA 31 Jan 2006
The claimant had been found liable to pay damages for personal injury, and now sought contribution from the defendants. The defendants said that they were out of time since the contribution action had been commenced more than 2 years after the judgment. Held: The appeal succeeded. The judgment had been for damages to be assessed. … Continue reading Aer Lingus v Gildacroft Ltd and Another: CA 17 Jan 2006
The appellants challenged the removal of a restrictive covenant on a neighbour’s house restricting further building on the land to allow further house in the garden. It was in a small close of houses all erected, and the covenant imposed, in 1952. It was in effect part of a building scheme. The tribunal had found … Continue reading Shephard and others v Turner and Another: CA 23 Jan 2006
ECJ Carriage by air – Regulation (EC) No 261/2004 – Articles 5, 6 and 7 -Compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights – Validity – Interpretation of Article 234 EC Judges: V Skouris, P Citations: C-344/04, [2006] EUECJ C-344/04, Times 16-Jan-2006, [2006] ECR … Continue reading Regina, ex parte International Air Transport Association, European Low Fares Airline Association v Department for Transport: ECJ 10 Jan 2006
The claimant owned the copyright in several successful computer games. He had granted licenses for the use of the software, which licences were assigned to the defendants. Disputes arose as to the calculation of royalty payments, and the claimant sought to exercise his auditing rights. The defendant company in the US handled the accountancy for … Continue reading Sawyer v Atari Interactive Inc: ChD 1 Nov 2005
Appeal by way of case stated against a decision of the General Commissioners as to whether a certain compensation payment received by the appellant under section 31(3) of the Land Compensation Act 1961 was income or capital. The General Commissioners decided that the payment was income. Judges: Briggs J Citations: [2006] EWHC 3046 (Ch) Links: … Continue reading Able (UK) Ltd v Revenue and Customs: ChD 19 Oct 2006
The tenant had taken on pub leases with ties requiring him to buy beer from companies associated with the landlords. The European Commission had issued a decision and the House was asked whether this was binding on the parties. Held: Intrepreneur’s appeal was allowed. The Commission’s decision was not binding. Lord Bingham: ‘Community law prohibits … Continue reading Inntrepreneur Pub Company (CPC) and others v Crehan: HL 19 Jul 2006
Niru contracted to buy lead from Milestone, to be paid for in a letter of credit, against certifying documents produced for the purpose. Mr Mahdavi, the individual behind Milestone, procured CAI to finance the acquisition of warrants to be retained by them as security for repayment of their loan by, ultimately, the purchase price payable … Continue reading Niru Battery Manufacturing Company, Bank Sepah Iran v Milestone Trading Limited: CA 28 Apr 2004
Judges: Lightman J Citations: [2006] EWHC 1535 (Ch) Links: Bailii Jurisdiction: England and Wales Cited by: See Also – Able (UK) Ltd v Revenue and Customs ChD 19-Oct-2006 Appeal by way of case stated against a decision of the General Commissioners as to whether a certain compensation payment received by the appellant under section 31(3) … Continue reading Able (UK) Holdings Ltd v HM Inspector of Taxes: ChD 30 Jun 2006
The appellant was employed by the first respondents as a steam cleaning operative. The first respondent had contracted to supply cleaning services to the second respondent at one of the second respondent’s yards, where buses were cleaned. The appellant’s place of employment was at that yard. The yard was iced and despite attempts to grit … Continue reading King v RCO Support Services Limited and Yorkshire Traction Company Limited: CA 8 Dec 2000
The claimant sought damages from the defendant after the death of her father in the Potters Bar rail crash. The defendant applied for summary judgment saying that English law did not recognise a claim by a family member of a deceased save through the claim of the estate itself. The claimant said that this would … Continue reading Cameron and others v Network Rail Infrastructure Ltd: QBD 18 May 2006
The court considered an appeal against sentence based on the disparity between the treatment of the defendants: ‘The fact that the co-defendant Sheppard appears to have been extremely fortunate is not in our judgment a good reason for imposing a sentence on the appellant that would in our judgment be less than the facts of … Continue reading Regina v Tate: CACD 2006
EAT Equal pay in the North East. Women whose jobs had been rated as equivalent with comparator men (and in some cases had been rated higher) were paid less because of the effect of bonuses and other extra payments known as attendance allowances and wet weather payments. Disparate impact was conceded and indeed, in the … Continue reading Redcar and Cleveland Borough Council v Bainbridge and others: EAT 16 Oct 2006
In a claim for negligence against his former solicitors, the claimant sought damages for the loss of a chance of success in a personal injuries action struck out for want of prosecution seven years earlier. Held: If the evidence were the same in the negligence action as it would have been at the trial there … Continue reading Dudarec v Andrews and others: CA 22 Mar 2006
The respondent appealed from orders made as to the conduct of an investigation into an attempted suicide in prison. The judge had severely criticised the appellant’s treatment of the case. Held: The appeal failed. The court recited the requirements for an independent inquiry into such an incident in custody. The judge was correct to require … Continue reading D, Regina (on the Application of) v Secretary of State for the Home Department (Inquest Intervening): CA 28 Feb 2006
The deceased had suffered a head injury whilst working for the defendant. In addition to severe physical consequences he suffered post-traumatic stress, became more and more depressed, and then committed suicide six years later. The claimant appealed against refusal of an award under the 1976 Act. The judge had decided that it was not part … Continue reading Corr v IBC Vehicles Ltd: CA 31 Mar 2006
The claimant sought to enforce a restrictive covenant against the defendant a former assistant solicitor as to non-competition within a certain distance of the practice for a period of three years. After leaving she had sought to set up partnership with others to practice in competition. During the period of her notice she worked also … Continue reading Allan Janes Llp v Johal: ChD 23 Feb 2006
Solicitors within a practice sued each other, and one wished to plead the fact of a finding of professional misconduct. Held: The defendant’s appeal succeeded. It was not an abuse for the appellant to continue to assert his innocence, and the findings were not admissible as a whole. Prospective partners were under a duty to … Continue reading Simms v Conlon and Another: CA 20 Dec 2006
An employee of the claimant had fraudulently spent several million pounds of the claimant’s money on personal bets through the defendant company. The claimant said that the defendants knew the origin of the funds and were liable to repay them. Having settled the claim in part the defendants now claimed contributions from directors of the … Continue reading Charter Plc and Another v City Index Ltd and others: ChD 12 Oct 2006
Appeal from a decision dismissing an application for judicial review of the decision of the Director of Public Prosecutions whereby he refused to provide detailed reasons for his decision not to prosecute two police officers for perjury. Kerr LCJ, Campbell LJ and McLaughlin J [2006] NICA 16 Bailii Northern Ireland Cited by: Cited – Adams, … Continue reading In Re Boyle’s Application for Judicial Review: CANI 28 Apr 2006
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006
The claimant complained of misfeasance in public office by the prisons for having opened and read protected correspondence whilst he was in prison. The respondent argued that he had suffered no loss. The judge had found that bad faith was established in three prison officers. In one case the officer opened the letter in front … Continue reading Watkins v Home Office and others: HL 29 Mar 2006
UTAA War Pensions and Armed Forces Compensation : War Pensions – Entitlement (1) These appeals were heard over 10 days and involved the consideration of a large amount of documents, authorities and arguments. They relate to claims made under Article 41 of the Naval Military and Air Forces etc (Disablement and Death) Service Pensions Order … Continue reading LA and Others v Secretary of State for Defence (WP) (War Pensions and Armed Forces Compensation : War Pensions – Entitlement): UTAA 22 Oct 2014
The claimants had pursued compensation over many years from the defendants alleging various kinds of misfeasance in regulating the bank BCCI. The action had collapsed. Held: ‘this was extraordinary litigation which came to an abrupt albeit long overdue conclusion’ when the creditors called on the liquidators to abandon the action. The parties now disputed the … Continue reading Three Rivers District Council and others v The Governor and Company of the Bank of England: ComC 12 Apr 2006
Disapplication of Without Prejudice Rules The House was asked whether a letter sent during without prejudice negotiations which acknowledged a debt was admissible to restart the limitation period. An advice centre, acting for the borrower had written, in answer to a claim by the lender for the sum still due after the sale of the … Continue reading Bradford and Bingley Plc v Rashid: HL 12 Jul 2006
The plaintiff was not to be prevented from recovering the costs of private medical treatment.It was argued and decided that (a) damages for the loss of earnings for the ‘lost years’ is nil, and (b) ‘the only relevance of earnings which would have been earned after death is that they are an element for consideration … Continue reading Harris v Brights Asphalt Contractors Ltd: QBD 1953
EAT UNFAIR DISMISSAL – CompensationWhen an employee has been unfairly dismissed and/or discriminated against unlawfully by being dismissed and it is alleged by the employer it has been discovered since the dismissal that s/he had been guilty of gross misconduct during the employment, the Employment Tribunal does not have to find as a fact that … Continue reading Churchill Group Ltd v Vignakumar (Unfair Dismissal : Compensation): EAT 26 Jun 2013
The company made selections for redundancy, but failed to give the appellants information about how the scoring system had resulted in the figures allocated. The calculations left their representative unable to challenge them on appeal. The procedure adopted did not follow the statutory rules, but the tribunal had found the dismissals to be fair. The … Continue reading Alexander and Hatherley v Bridgen Enterprises Ltd: EAT 12 Apr 2006
Judge’s Reasons Must Show How Reached In each case appeals were made, following Flannery, complaining of a lack of reasons given by the judge for his decision. Held: Human Rights jurisprudence required judges to put parties into a position where they could understand how the decision in their case had been arrived at. Flannery preceded … Continue reading English v Emery Reimbold and Strick Ltd; etc, (Practice Note): CA 30 Apr 2002
