Civil servants had been transferred to a private company. At first they worked under secondment from the civil service. They asserted that they had protection under TUPE and the Acquired Rights Directive. The respondent said that there had only been a transfer over time, so as to diminish their periods of continuous employment. The matter … Continue reading North Wales Training and Enterprise Council Ltd v Astley and others: HL 21 Jun 2006
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Judgment [2015] CAT 5 Bailii Enterprise Act 2002 179 Commercial Updated: 02 January 2022; Ref: scu.549886
The Honourable Mr Justice Barling, (President), Professor John Pickering, Mr Graham Mather [2008] CAT 20 Bailii Enterprise Act 2002 179 England and Wales Commercial Updated: 29 December 2021; Ref: scu.276916
baa_ccCAT2012 The claimant company challenged a report of the Competition Commission requiring it to sell off Stansted airport. Sales J [2012] CAT 3 Bailii Enterprise Act 2002 179 Commercial Updated: 01 November 2021; Ref: scu.451287
The claimant advanced funds to the respondent for him to invest in a bank of which the claimant had insider knowledge. In fact the defendant did not invest the funds, the knowledge was incorrect. The defendant however did not return the sums advanced, saying he need not return it because the contract was for an … Continue reading Patel v Mirza: SC 20 Jul 2016
Challenge to competition report on provision of airport services. Judges: Barling J Citations: [2009] CAT 35 Links: Bailii Statutes: Enterprise Act 2002 Jurisdiction: England and Wales Commercial, Transport Updated: 22 August 2022; Ref: scu.421798
The appellant and co-accused were charged with murder. They said they had gone to meet the deceased to collect a debt, but had been attacked with a knife by the deceased. Two of the three had knives and knew of the other knife. Held: All were taking part in a joint and unlawful enterprise. Each … Continue reading Chan Wing-Siu v The Queen: PC 21 Jun 1984
The employer appealed a finding that there had been continuity of employment between itself and a previous employer. The employees had sought a statement as to their terms of employment. The employer was a training and enterprise council, to whom the employees had first been seconded from the Department of Employment. There was an unresolved … Continue reading Celtec Limited v John Astley Julie Owens, Deborah Lynn Hawkes: EAT 5 Oct 2001
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
The employments of civil servants had been transferred to the defendant company. There had been some delay between their resignations and the new arrangements. The employee claimed the protection of the directive, saying that there had been a transfer of an undertaking, with employees, premises and database. It was said that the Regulations failed properly … Continue reading Celtec Limited v Astley and others: HL 10 Nov 2003
Shopmoor’s predecessors demised premises for 150 years at a yearly rent of andpound;100 on payment of a premium. A covenant provided that the tenant was not to assign or sublet without the landlord’s consent, not to be unreasonably withheld or delayed. In April 1996 Norwich Union contracted to sale of the lease, conditional on a … Continue reading Norwich Union Life Insurance Society v Shopmoor Ltd: ChD 1999
Application for review under section 179 of the Enterprise Act 2002 to challenge a decision of the Competition and Markets Authority requiring, among other things, HCA to divest itself of some of the private hospitals it owns. Application for disclosure. Sales J [2014] CAT 11 Bailii Commercial, Health Professions Updated: 20 December 2021; Ref: scu.535736
Application by HCA International Limited to adduce expert evidence in the form of a report by an economist on an application for review under section 179 of the Enterprise Act 2002 to challenge a decision of the Competition and Markets Authority requiring, among other things, HCA to divest itself of some of the private hospitals … Continue reading HCA International Ltd v Competition and Markets Authority: CAT 9 Jul 2014
Joint Enterprise Liability – War Crimes accusation The applicant appealed against an order for his removal. He was accused of complicity in war crimes. Held: To find an asylum seeker to be subject to the Rome statute so as to exclude him from protection it had to be shown that there had been a common … Continue reading JS (Sri Lanka), Regina (on the Application of) v Secretary Of State for the Home Department: CA 30 Apr 2009
