Partners Liable for Dishonest Act of Solicitor A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners. Held: The acts complained of were so close to the activities which a solicitor would normally undertake, that … Continue reading Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002
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
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
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[2015] CAT 2 Bailii Enterprise Act 2002 120 England and Wales Citing: See Also – Groupe Eurotunnel Sa v Competition Commission and Others CAT 4-Dec-2013 . . See Also – Groupe Eurotunnel SA v Competition Commission CAT 30-Aug-2013 . . See Also – Groupe Eurotunnel SA v Competition and Markets Authority CAT 9-Jan-2015 Judgment . … Continue reading The Societe Cooperative De Production Seafrance SA v Competition and Markets Authority (Ruling (Permission To Appeal): CAT 20 Jan 2015
Short question about the entitlement of a company which is a small or medium-sized enterprise (‘SME’) to enhanced tax relief for expenditure on research and development (‘R and D tax relief’) pursuant to provisions which were first enacted in section 69 of, and schedule 20 to, the Finance Act 2000, and are now contained (together … Continue reading Gripple Ltd v Revenue and Customs: ChD 30 Jun 2010
Somerfield applied under section 120 of the 2002 Act for judicial review of the decision of the respondent, the CC as to its acquisition of stores Report concluded that the completed acquisition by Somerfield of 115 stores previously owned by Wm Morrison Supermarkets plc (‘Morrisons’) may be expected to result in a substantial lessening of … Continue reading Somerfield Plc v Competition Commission: CAT 13 Feb 2006
References: (1999) 174 DLR(4th) 45, [1999] 8 WWR 197, 43 CCEL (2d) 1, 62 BCLR (3d) 173 Links: Canlii Coram: McLachlin J (Canadian Supreme Court) The court considerd the doctrine of vicarious liability: ‘The policy purposes underlying the imposition of vicarious liability on employers are served only where the wrong is so connected with the … Continue reading Bazley v Curry; 17 Jun 1999
References: (1999) 174 DLR(4th) 71, [1999] 9 WWR 1, 44 CCEL (2d) 169, 63 BCLR (3d) 1 Links: Canlii (Canadian Supreme Court) The process for determining when a non-authorised act by an employee is so connected to the employer’s enterprise that liability should be imposed involved two steps: 1. Firstly a court should determine whether … Continue reading Jacobi v Griffiths; 17 Jun 1999
