Acts
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Section 26 of the Interpretation Act 1889 applied to the receipt of notice of the proceedings leading to a decision of the Industrial Tribunal. The presumption as to receipt only arose where it was first established that the correspondence in question had been properly addressed. Judges: Slynn J Citations: [1979] ICR 597 Statutes: Interpretation Act … Continue reading Migwain Limited (In Liquidation) v Transport and General Workers Union: 1979
The Court considered whether, on exercising a break clause in a lease, the tenant was entitled to recover rent paid in advance. Held: The appeal failed. The Court of Appeal had imposed what was established law. The test for whether a clause might be implied in a contract is: ‘that it is necessary for business … Continue reading Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another: SC 2 Dec 2015
The House considered whether the meaning of the phrase ‘a person having control’ extended to control by more than one person. This depended on whether the word ‘person’ in the singular was to be construed as including the plural. Held: The House applied the 1889 Act. A permissible aid to construction of a stautute is … Continue reading Floor v Davis (Inspector of Taxes): HL 1979
Europa The benefits paid by an employer to a worker on the latter’s redundancy constitute a form of pay to which the worker is entitled in respect of his employment, which is paid to him upon termination of the employment relationship, which facilitates his adjustment to the new circumstances resulting from the loss of his … Continue reading Barber v Guardian Royal Exchange Assurance Group: ECJ 17 May 1990
The parties had settled their disagreement, but now disputed the interpretation of the settlement. The defendant sought to be allowed to give in evidence correspondence leading up to the settlement which had been conducted on a without prejudice basis. Held: The evidence was not admissible. There was no additional class of situation where without prejudice … Continue reading Oceanbulk Shipping and Trading Sa v TMT Asia Ltd: CA 15 Feb 2010
A point was raised for the first time on appeal. Held: Though an appellate court could exclude a pure question of law which had not been raised at first instance from being raised on appeal, the usual practice was to allow it to be taken where the other party had had an opportunity of meeting … Continue reading Pittalis v Grant: CA 1989
The claimant football club insured its players through the defendants. A footballer injured himself in training and his career was finished. The insurers rejected the claim, and relied upon exception clauses, saying that the true cause was a degenerative condition. Held: The contract was unfortunately worded, and could best be understood in its commercial sense … Continue reading Blackburn Rovers Football and Athletic Club Plc v Avon Insurance Plc, Eagle Star Insurance Company Ltd, AGF Insurance Ltd IC Insurance Ltd: ComC 15 Nov 2004
The company was prosecuted for offences under the Regulations, relating to the designation of horticultural produce for sale. The original Act had been relied upon to implement the European regulations after entry to the EU. Held: The offences were properly charged. The scope for the subsequent regulations were, to the extent they were not excluded … Continue reading Department for Environment, Food and Rural Affairs v ASDA Stores Limited and another: HL 18 Dec 2003
(Belize) A company had been formed to manage telecommunications in Belize. The parties disputed the interpretation of its articles. Shares had been sold, but the company was structured so as to leave a degree of control with the government. It was argued that a term was to be implied requiring resignation of a director when … Continue reading Attorney General of Belize and others v Belize Telecom Ltd and Another: PC 18 Mar 2009
Mr Recorder Langstaff QC [2001] UKEAT 1371 – 00 – 2510, EAT/1371/00, [2002] ICR 264 Bailii, EATn England and Wales Citing: See Also – Scotford v Smithkline Beecham EAT 5-Dec-2000 EAT Procedural Issues – Employment Tribunal . . Cited – Mock v Inland Revenue EAT 1-Mar-1999 In the context of the time for appealing to … Continue reading Scotford v Smithkline Beecham: EAT 25 Oct 2001
Prosecution to prove absence of genuine belief To convict a defendant under the 1960 Act, the prosecution had the burden of proving the absence of a genuine belief in the defendant’s mind that the victim was 14 or over. The Act itself said nothing about any mental element, so the assumption must be that mens … Continue reading B (A Minor) v Director of Public Prosecutions: HL 23 Feb 2000
Minor Irregularity in Break Notice Not Fatal Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th January 1995, although the … Continue reading Mannai Investment Co Ltd v Eagle Star Assurance: HL 21 May 1997
Land-owner’s Possible Duty to Trespassers The plaintiff, a child had gone through a fence onto the railway line, and been badly injured. The Board knew of the broken fence, but argued that they owed no duty to a trespasser. Held: Whilst a land-owner owes no general duty of care to a trespasser, the creation by … Continue reading British Railways Board v Herrington: HL 16 Feb 1972
Complex financial instruments insured the indebtedness of Lehman Brothers. On that company’s insolvency a claim was made. It was said that provisions in the documents offended the rule against the anti-deprivation rule. The courts below had upheld the agreements. Held: The appeal failed. The agreement was valid and enforceable. The anti-deprivation rule as such was … Continue reading Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd and Another: SC 27 Jul 2011
In an action of damages for fraudulent misrepresentation and breach of warranty, the plaintiff founded on a conversation between himself and the defendants’ representative. In this conversation the plaintiff said-‘I understand that you are bringing out a rubber company.’ The reply was-‘We are.’ The plaintiff then asked ‘if it was all right,’ and received the … Continue reading Heilbut Symons and Co v Buckleton: HL 11 Nov 1912
Interpretation of Double Taxation Agreements This appeal is concerned with the interpretation and application of a double taxation agreement between the United Kingdom and the United States of America. A had been a member of an LLP in Delaware, and he was resident within the UK, but not domiciled here. He was liable to UK … Continue reading Anson v Revenue and Customs: SC 1 Jul 2015
The pursuer was held in a secure mental hospital. When moved to a highersecurity section, he challenged the move. He lost but then was unable to make an apeal as allowed iunder the 2003 Act because the Scottish Parliament had not created the appropriate Regulations. Held: The appeal succeeded: ‘the Ministers’ failure to exercise their … Continue reading RM v The Scottish Ministers: SC 28 Nov 2012
During a parliamentary by-election in which there were three candidates, Conservative, Liberal and Labour, the accused had in- curred expenses on account of issuing publications which were antagonistic to the Conservative candidate and advised the . .
The local authority was tenant of properties which it sub-licensed to homeless persons for three years was liable for having allowed the properties to deteriorate. It was claimed that they were liable for permissive waste as tenants for a fixed . .
A wall plaque was published before 1950. Its design was an original artistic work but was produced for the purpose of reproduction by an industrial process. It was not registered as an industrial design under the applicable designs legislation . .