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Oakley Inc v Animal Ltd and others: CA 20 Oct 2005

It was argued that the Secretary of State, when implementing the Directive in the 2001 Regulations, had exceeded his powers in preserving provisions of the Registered Designs Act. The judge had held the Seceretary had exceeded his powers. The Attorney general now criticised the judge for failing to allow for the extent of Parliamentary scrutiny … Continue reading Oakley Inc v Animal Ltd and others: CA 20 Oct 2005

des Gaz SA v Falks Veritas Ltd: CA 1974

The court considered for the first time, the effect of the Rome Treaty. It ‘came about because of a tin can’ . A question requiring the exercise of a judges discretion is to be determined as at the date that the primary judge gave judgment, not as at the date that the statement of claim … Continue reading des Gaz SA v Falks Veritas Ltd: CA 1974

Regina v Secretary of State for Trade and Industry ex parte Unison: 1996

The 1978 Directive required consultation in the case of collective redundancies. Acts had incorrectly incorporated this requirement into English law. The error was corrected in the 1995 Regulations. Held: Anything is ‘related to’ a Community obligation so long as it is not distinct, separate or divorced from it. The 1995 Regulations were valid.Otton LJ said: … Continue reading Regina v Secretary of State for Trade and Industry ex parte Unison: 1996

Oakley Inc v Animal Ltd. and others: PatC 16 Mar 2005

Citations: [2005] EWHC 419 (Patents), [2006] Ch 337 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Oakley Inc v Animal Ltd and others PatC 17-Feb-2005 A design for sunglasses was challenged for prior publication. However the law in England differed from that apparently imposed from Europe as to the existence of a 12 … Continue reading Oakley Inc v Animal Ltd. and others: PatC 16 Mar 2005

The United States of America v Nolan: SC 21 Oct 2015

Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015

McKiernon v Secretary of State for Social Security: CA 26 Oct 1989

A statute granting a power to be amended by a subordinate instrument can only do so by an express power: ‘Whether subject to the negative or affirmative resolution procedure, [subordinate legislation] is subject to much briefer, if any, examination by Parliament and cannot be amended. The duty of the courts being to give effect to … Continue reading McKiernon v Secretary of State for Social Security: CA 26 Oct 1989

Regina v Ministry of Agriculture Fisheries and Food Ex Parte Hedley Lomas (Ireland) Ltd: ECJ 23 May 1996

The wrongful prevention by a state of the lawful export of animals gave rise to a right to claim for damages. LMA The UK had refused to grant licences for the export of live sheep to Spain, on the grounds that the slaughterhouses were not complying with the terms of an EC Directive requiring the … Continue reading Regina v Ministry of Agriculture Fisheries and Food Ex Parte Hedley Lomas (Ireland) Ltd: ECJ 23 May 1996

Perth and Kinross Council v Donaldson and Others: 2004

The court considered whether the TUPE regulations in going beyond what was required under the European Directive was invalid. Held: ‘If it is to be suggested that the 1981 Regulations have effectively allowed the Directive to operate in that context, we consider that it falls foul of the approach that we adopted in Addison v … Continue reading Perth and Kinross Council v Donaldson and Others: 2004

Brent London Borough Council and Others v Risk Management Partners Ltd: SC 9 Feb 2011

The council had put out to tender its insurance requirements. The respondent submitted its bid. The council then withdrew the tender in order to take up membership of a mutual company providing such services created by local authorities in London. The authority argued that the arrangement was exempt under the judgment in Teckal which allowed … Continue reading Brent London Borough Council and Others v Risk Management Partners Ltd: SC 9 Feb 2011

Slack and Others v Cumbria County Council and Another: CA 3 Apr 2009

The court was asked when the six month’s limit for beginning equal pay proceedings began. The new section 2ZA set the qualifying date as ‘the date falling six months after the last day on which the woman was employed in the employment.’ The problem arose where there were a succession of contracts. It was argued … Continue reading Slack and Others v Cumbria County Council and Another: CA 3 Apr 2009

Acts

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