Search Results for: School Teachers

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National Union of Teachers and others v St Mary’s Church of England (Aided) Primary School and others: EAT 25 Mar 1994

Citations: [1994] UKEAT 905 – 93 – 2503 Links: Bailii Cited by: See Also – National Union of Teachers and Others v St Mary’s Church Of England Junior School and Others EAT 2-Nov-1994 EAT Whether the Acquired Rights Directive EC77/187 (‘the Directive’) is enforceable against the governing body of a voluntary aided school, as an … Continue reading National Union of Teachers and others v St Mary’s Church of England (Aided) Primary School and others: EAT 25 Mar 1994

In re P (a minor by his mother and litigation friend); P v National Association of Schoolmasters/Union of Women Teachers: HL 27 Feb 2003

The pupil had been excluded from school but then ordered to be re-instated. The teachers, through their union, refused to teach him claiming that he was disruptive. The claimant appealed a refusal of an injunction. The injunction had been refused on the basis that this was an employment dispute. The union had failed successfully to … Continue reading In re P (a minor by his mother and litigation friend); P v National Association of Schoolmasters/Union of Women Teachers: HL 27 Feb 2003

P v National Association of School Masters/Union of Women Teachers: CA 25 May 2001

Industrial action taken by teachers refusing to teach a disruptive pupil was related to their terms and conditions of employment. Encouragement to take such action by the teachers’ union made the union responsible for such action. The breach related to a refusal to comply with the employer’s requests as to the manner and circumstances of … Continue reading P v National Association of School Masters/Union of Women Teachers: CA 25 May 2001

P v National Association of School Masters/Union of Women Teachers: QBD 3 May 2001

Action taken by teachers to refuse to teach a disruptive pupil was in the nature of industrial action. Encouragement to take such action by the teachers’ union made the union responsible for such action. The breach related to a refusal to comply with the employer’s requests as to the manner and circumstances of performance of … Continue reading P v National Association of School Masters/Union of Women Teachers: QBD 3 May 2001

V v Addey and Stanhope School: CA 30 Jul 2004

The respondent resisted a claim of unfair dismissal and race discrimination on the basis that the employment contract was illegal since the claimant was an immigrant and unable to work without a work permit. Held: The Court of Appeal upheld a defence of illegality to a teacher’s complaint against a school of unlawful discrimination by … Continue reading V v Addey and Stanhope School: CA 30 Jul 2004

Ali v The Head Teacher and Governors of Lord Grey School: CA 29 Mar 2004

The student had been unlawfully excluded from school. The school had not complied with the procedural requirements imposed by the Act. Held: Though the 1996 Act placed the responsibilty for exclusion upon the local authority, the head and school must also follow the rules. The duty on the local authority was a fallback duty. The … Continue reading Ali v The Head Teacher and Governors of Lord Grey School: CA 29 Mar 2004

Jones v Barton Court Grammar School: EAT 27 May 2003

The claimant appealed against rejection of his claim for unfair dismissal after his dismissal from his teaching point on the ground of permanent incapacity. The parties disputed the effect of the National Scheme of Conditions of Service for Schoolteachers in England and Wales (the ‘Burgundy Book’). Judges: Commissioner Howell QC Citations: [2003] UKEAT 0920 – … Continue reading Jones v Barton Court Grammar School: EAT 27 May 2003

W and L v The Governors of B School and The Governors of J School: CA 24 Jul 2001

Just how a teacher re-incorporated a child within school, after he had first been excluded, but then re-instated by the independent appeal panel, was a matter for the head-teacher, provided only that he could not do so in any way which reflected a conclusion different to that of the panel. This may involve the use … Continue reading W and L v The Governors of B School and The Governors of J School: CA 24 Jul 2001

X, Regina (on the Application of) v Y School: Admn 21 Feb 2007

The court was asked whether a school was entitled to refuse to allow a Muslim girl to wear the niqab full face veil at school. The reasons were ‘first educational factors resulting from a teacher being unable to see the face of the girl with a niqab; second the importance of a uniform policy as … Continue reading X, Regina (on the Application of) v Y School: Admn 21 Feb 2007

Regina (on the application of Dorling) v Sheffield City Council and the Governing Body of Woodthorpe Primary School (1): 2002

Teachers otherwise falling within the description in Clause 6.1 of the Burgundy Book, but who have not been given the notice of termination there referred to have no contractual right to insist upon service of such a notice upon them. Citations: [2002] ELR 367 Cited by: Cited – Verner, Sheppard, Ridley v Derby City Council, … Continue reading Regina (on the application of Dorling) v Sheffield City Council and the Governing Body of Woodthorpe Primary School (1): 2002

East England Schools CIC (T/A 4Myschools) v Palmer and Another: QBD 20 Dec 2013

The claimant company sought to enforce post employment restrictive covenants against the defendants, its former employees. The defendant argued that the increasing use by teachers and schools of social media and the internet means that the employer no longer has any protectable connection with its customers. The claimant’s business was that of an agency which … Continue reading East England Schools CIC (T/A 4Myschools) v Palmer and Another: QBD 20 Dec 2013

Regina v Secretary of State for Education and Employment, Ex Parte National Union of Teachers: QBD 8 Aug 2000

The general power of the Secretary of State to promote education did not extend to provision for the terms and conditions of teachers’ employment or establishing systems for the payment of higher rates of pay to teachers meeting performance standards. Reference to Parliament was necessary. The Secretary of State had not followed consultation procedures set … Continue reading Regina v Secretary of State for Education and Employment, Ex Parte National Union of Teachers: QBD 8 Aug 2000

Verner, Sheppard, Ridley v Derby City Council, Norfolk County Council, St Thomas More Roman Catholic High School: QBD 14 Nov 2003

The question was whether, when a teacher has applied for and accepted ill-health retirement benefit, usually a lump sum and a pension, on the ground of permanent incapacity, there exists a public law duty on his employer to dismiss the employee. Held: The contract came to an end upon the grant of ill health retirement … Continue reading Verner, Sheppard, Ridley v Derby City Council, Norfolk County Council, St Thomas More Roman Catholic High School: QBD 14 Nov 2003

St Giles C of E Primary School (Education (School)): ICO 8 Oct 2015

ICO The complainant has requested the school to confirm whether any teachers or members of the senior leadership team were suspended, subject to disciplinary action or dismissed between September 2013 and the date of his request. The council responded to the request, advising the complainant that the answer to each question was less than five. … Continue reading St Giles C of E Primary School (Education (School)): ICO 8 Oct 2015

Taylor v The Governing Body of The Potters Gate CE Primary School: EAT 27 Feb 2015

EAT Practice and Procedure : Bias, Misconduct and Procedural Irregularity – Did the fact that the Employment Judge was a governor of a Surrey school at the time of the Employment Tribunal Hearing (and became Chairman of the governing body before the decision was promulgated), give rise to the appearance of bias when he sat … Continue reading Taylor v The Governing Body of The Potters Gate CE Primary School: EAT 27 Feb 2015

Regina on Application of A v Head Teacher of Penlan School And; Governors of Penlan School and and City and County of Swansea: Admn 31 Aug 2001

A school wrote a letter to a child’s parents saying that he would be permanently excluded after verbal violence against a teacher. This was said to have followed earlier serious and repeated problems of indiscipline. His appeal was successful, and he was returned to the class The teachers proposed a strike. The head teacher wrote … Continue reading Regina on Application of A v Head Teacher of Penlan School And; Governors of Penlan School and and City and County of Swansea: Admn 31 Aug 2001

Duncombe and Others v Secretary of State for Children, Schools and Families: CA 14 Dec 2009

The court considered the workings of fixed term employment contracts under which the claimants taught in Europe. The Secretary of State argued that the contracts validly limited the claimants’ employment to nine years. The claimants said the 2002 Regulations operated to change the contracts into permanent ones. The decision was ‘whether the employment contracts between … Continue reading Duncombe and Others v Secretary of State for Children, Schools and Families: CA 14 Dec 2009

Duncombe and Others v Secretary of State for Children, Schools and Families: SC 29 Mar 2011

The government operated European Schools catering for children of staff of the European Community. The school staff challenged as unlawful, the contracts restricting their terms of employment with the schools to a maximum of nine years. Held: The Secretary of State’s appeal succeeded. It was objectively justified to employ the teachers on the current fixed … Continue reading Duncombe and Others v Secretary of State for Children, Schools and Families: SC 29 Mar 2011

The Catholic Child Welfare Society and Others v Various Claimants and The Institute of The Brothers of The Christian Schools and Others: SC 21 Nov 2012

Law of vicarious liability is on the move Former children at the children’s homes had sought damages for sexual and physical abuse. The court heard arguments as to the vicarious liability of the Society for abuse caused by a parish priest visiting the school. The Court of Appeal had found some defendants (school management trust) … Continue reading The Catholic Child Welfare Society and Others v Various Claimants and The Institute of The Brothers of The Christian Schools and Others: SC 21 Nov 2012

Woodland v The Swimming Teachers’ Association and Others: QBD 17 Oct 2011

The court was asked as to the vicarious or other liability of a school where a pupil suffered injury at a swimming lesson with a non-employee during school time, and in particular whether it had a non-delegable duty to ensure the welfare of children during school time. The pool supervision wasthrough employees of a company … Continue reading Woodland v The Swimming Teachers’ Association and Others: QBD 17 Oct 2011

Begum (otherwise SB), Regina (on the Application of) v Denbigh High School: HL 22 Mar 2006

The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion. Held: The school’s appeal succeeded. The school had acted responsibly and carefully seeking to balance and respect several interests when … Continue reading Begum (otherwise SB), Regina (on the Application of) v Denbigh High School: HL 22 Mar 2006

Chief Inspector of Education, Children’s Services and Skills v The Interim Executive Board of Al-Hijrah School: CA 13 Oct 2017

Single Sex Schooling failed to prepare for life The Chief Inspector appealed from a decision that it was discriminatory under the 2010 Act to educate girls and boys in the same school but under a system providing effective complete separation of the sexes. Held: The action was discriminatory. However, the scheme operated against individuals, both … Continue reading Chief Inspector of Education, Children’s Services and Skills v The Interim Executive Board of Al-Hijrah School: CA 13 Oct 2017

Duncombe and Others v Secretary of State for Children, Schools and Families (No 2): SC 15 Jul 2011

The court considered whether a teacher employed by the Secretary of State to teach in one of its European Schools was entitled to protection against unfair dismissal. Held: The claimants’ appeals were allowed and the cases remitted to the Employment Tribunals. The employments fell within the exeptions governing employment abroad identified in Lawsn -v- Serco. … Continue reading Duncombe and Others v Secretary of State for Children, Schools and Families (No 2): SC 15 Jul 2011

Beuttenmuller v Land Baden-Wurttemberg: ECJ 29 Apr 2004

ECJ (Judgment) Freedom of movement for workers – Recognition of diplomas – Directives 89/48 and 92/51 – Primary and secondary school teachers – Holder of a diploma of post-secondary studies of two years’ duration – Conditions for the exercise of the profession Citations: C-102/02, [2004] EUECJ C-102/02, [2004] ECR I-5405 Links: Bailii Jurisdiction: European European … Continue reading Beuttenmuller v Land Baden-Wurttemberg: ECJ 29 Apr 2004

Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure): FD 19 Mar 2004

The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings be in public. Held: The applicant and her solicitors had already made significant … Continue reading Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure): FD 19 Mar 2004

Re X (Disclosure of Information): FD 2001

There cannot be an expectation that expert evidence given in a children’s court will always stay confidential. The various aspects of confidentiality will have greater or lesser weight on the facts of each case. Munby J: ‘Wrapped up in this concept of confidentiality there are, as it seems to me, a number of different factors … Continue reading Re X (Disclosure of Information): FD 2001

Doctor A and Others v Ward and Another: FD 8 Jan 2010

Parents wished to publicise the way care proceedings had been handled, naming the doctors, social workers and experts some of whom had been criticised. Their names had been shown as initials so far, and interim contra mundum orders had been made restricting further identification. The professionals feared that their readiness to act as experts would … Continue reading Doctor A and Others v Ward and Another: FD 8 Jan 2010

Mosekari v The London Borough of Lewisham: Admn 5 Nov 2014

The claimant recently qualified teacher alleged that the school at which he had competed his statutoryinduction period had, by failing to record it properly denied him the status of qualified teacher. The defendant replied that there was no exemption to the requirement in the terms sought. Held: The Regulations required strict compliance, and that served … Continue reading Mosekari v The London Borough of Lewisham: Admn 5 Nov 2014

The Secretary of State for Trade and Industry v Jonkler and Another: ChD 10 Feb 2006

The applicant had given an undertaking to the court to secure discontinuance of company director disqualification procedings. He now sought a variation of the undertaking. Held: The claimant had given an undertaking, but in the light of new evidence proceedings against her her co-directors had been discontinued. A variation should be allowed only where some … Continue reading The Secretary of State for Trade and Industry v Jonkler and Another: ChD 10 Feb 2006

Copsey v WWB Devon Clays Ltd: CA 25 Jul 2005

The claimant said that his employer had failed to respect his right to express his beliefs by obliging him, though a Christian, to work on Sundays. Held: The appeal failed. ‘The Commission’s position on Article 9, as I understand it, is that, so far as working hours are concerned, an employer is entitled to keep … Continue reading Copsey v WWB Devon Clays Ltd: CA 25 Jul 2005

Home Office v Bailey and others: CA 22 Mar 2005

Prison officers claimed awards for sex discrimination. The employer replied that the pools of comparators each contained members of either sex. The appellants sought to establish that any less favourable treatment of them in comparison with the comparators was genuinely due to a material factor which is not the difference of sex and which is … Continue reading Home Office v Bailey and others: CA 22 Mar 2005

Arrowsmith v United Kingdom: ECHR 12 Oct 1978

(Commission) Article 9 is apt to include a belief such as pacifism, which could be a philosophy. However, Miss Arrowsmith distributed leaflets to soldiers, urging them to decline service in Northern Ireland. This was dictated by her pacifist views. But the contents of the leaflets did not express pacifist views, nor did the act of … Continue reading Arrowsmith v United Kingdom: ECHR 12 Oct 1978

Jackson and Others, Regina (on the Application of) v Her Majesty’s Attorney General: Admn 28 Jan 2005

The 2004 Act had been passed without the approval of the House of Lords and under the provisions of the 1911 Act as amended by the 1949 Act. The 1949 Act had used the provisions of the 1911 Act to amend the 1911 Act. The claimant said this meant that the 1949 Act was void, … Continue reading Jackson and Others, Regina (on the Application of) v Her Majesty’s Attorney General: Admn 28 Jan 2005

Regina on the Application of Jackson and others v HM Attorney General: CA 16 Feb 2005

The applicant asserted that the 2004 Act was invalid having been passed under the procedure in the 1949 Act, reducing the period by which the House of Lords could delay legislation; the 1949 Act was invalid, being delegated legislation, had used the powers under the 1911 Act to amend themselves. If the 1949 Act was … Continue reading Regina on the Application of Jackson and others v HM Attorney General: CA 16 Feb 2005

Williams v A and W Hemphill Ltd: HL 1966

Against his employers’s instructions a driver of a lorry deviated substantially from his route. On the detour an accident occurred owing to the fault of the driver. The question arose whether the employers of the lorry driver were vicariously liable. Held: Lord Pearson said: ‘Had the driver in the present case been driving a lorry … Continue reading Williams v A and W Hemphill Ltd: HL 1966

Metropolitan Church Of Bessarabia And Others v Moldova: ECHR 13 Dec 2001

‘in principle, the right to freedom of religion as understood in the Convention rules out any appreciation by the state of the legitimacy of religious beliefs or of the manner in which these are expressed’ Citations: 45701/99, (2002) 35 EHRR 306, [2001] ECHR 860 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 9 Jurisdiction: … Continue reading Metropolitan Church Of Bessarabia And Others v Moldova: ECHR 13 Dec 2001

Regina v Secretary of State for Trade, Ex parte Anderson Strathclyde Plc: QBD 1983

A proposed takeover had been referred to the Monopolies and Mergers Commission under the 1973 Act. A majority of the Commission recommended against the takeover. The Deputy (acting instead of the Secretary who had an interest) overruled the Commission. AS challenged that decision, and sought to refer to statements made by the Secretary of State … Continue reading Regina v Secretary of State for Trade, Ex parte Anderson Strathclyde Plc: QBD 1983

King v The Serious Fraud Office: CACD 18 Mar 2008

Restraint and Disclosure orders had been made on without notice applications at the request of South Africa. The applicant appealed a refusal of their discharge. Held: Such orders did not apply to the applicant’s assets in Scotland. The orders were quashed and new orders substituted restricting their ambit to England and Wales. Judges: Lord Justice … Continue reading King v The Serious Fraud Office: CACD 18 Mar 2008

PNM v Times Newspapers Ltd and Others: SC 19 Jul 2017

No anonymity for investigation suspect The claimant had been investigated on an allegation of historic sexual abuse. He had never been charged, but the investigation had continued with others being convicted in a high profile case. He appealed from refusal of orders restricting publication of his name and involvement in the inquiry. Held: (Kerr and … Continue reading PNM v Times Newspapers Ltd and Others: SC 19 Jul 2017

Evans v The Secretary of State for the Environment, Transport and the Regions and The Motor Insurers’ Bureau: ECJ 4 Dec 2003

ECJ Reference for a preliminary ruling: High Court of Justice (England and Wales), Queen’s Bench Division – United Kingdom. Approximation of laws – Directive 84/5/EEC – Compulsory insurance against civil liability in respect of motor vehicles – Damage or injury caused by unidentified or insufficiently insured vehicles – Protection of victims – Defective transposition of … Continue reading Evans v The Secretary of State for the Environment, Transport and the Regions and The Motor Insurers’ Bureau: ECJ 4 Dec 2003

Spicer v Government of Spain: CA 29 Jul 2004

The claimant worked at a school in London operated by the respondent, and he was paid by them. Spanish teachers received relocation allowances, and he complained that this was discriminatory. The respondent had failed to comply with the order made by the EAT. Held: The failure by the respondent to comply with the order meant … Continue reading Spicer v Government of Spain: CA 29 Jul 2004

Jennings v Buchanan: PC 14 Jul 2004

(New Zealand) (Attorney General of New Zealand intervening) The defendant MP had made a statement in Parliament which attracted parliamentary privilege. In a subsequent newspaper interview, he said ‘he did not resile from his claim’. He defended the action for defamation claiming the privilege. Held: The original statement had privilege but the repetition outside parliament … Continue reading Jennings v Buchanan: PC 14 Jul 2004

Regina on the Application of G v Westminster City Council: QBD 30 Jan 2004

The child sought review of the respondent’s decision not to provide education other than at one school. He had been suspended, but his father refused to allow him to return complaining of the effects of bullying. Held: The condition of being bullied, including its effects could not be equated with ‘illness’ as a valid reason … Continue reading Regina on the Application of G v Westminster City Council: QBD 30 Jan 2004

KB v National Health Service Pensions Agency and Secretary of State for Health: ECJ 7 Jan 2004

The claimant had for a number of years had a relationship with a trans-sexual. They had been unable to marry because English law would not recognise a marriage. She compained that on her death her partner would be unable to claim the pension awarded to a partner. Held: The effect of the law was discriminatory. … Continue reading KB v National Health Service Pensions Agency and Secretary of State for Health: ECJ 7 Jan 2004

Spicer v Government of Spain: EAT 10 Oct 2003

EAT Race Discrimination – Indirect Judges: His Hon Judge Prophet Citations: UKEAT/516/03, [2003] UKEAT 0516 – 03 – 2511 Links: Bailii Jurisdiction: England and Wales Citing: Applied – Shamoon v Chief Constable of the Royal Ulster Constabulary HL 27-Feb-2003 The applicant was a chief inspector of police. She had been prevented from carrying out appraisals … Continue reading Spicer v Government of Spain: EAT 10 Oct 2003

Century Insurance v Northern Ireland Road Transport Board: HL 4 Mar 1942

Vicarious liability applied, where the lighting of a match to light a cigarette and throwing it on the floor while transferring petrol from a lorry to a tank was held to be in the scope of employment. Citations: [1942] AC 509, [1942] UKHL 2 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Lister … Continue reading Century Insurance v Northern Ireland Road Transport Board: HL 4 Mar 1942

AHE Leeds Teaching Hospitals NHS Trust v A and Others (By Their Litigation Friend, the Official Solicitor), The Human Fertilisation and Embryology Authority B, B: QBD 26 Feb 2003

An IVF treatment centre used sperm from one couple to fertilise eggs from another. This was discovered, and the unwilling donors sought a paternity declaration. Held: Section 28 did not confer paternity. The mistake vitiated whatever consents had been given, and the concept under the Act of ‘treatment together’. Any interference with the right to … Continue reading AHE Leeds Teaching Hospitals NHS Trust v A and Others (By Their Litigation Friend, the Official Solicitor), The Human Fertilisation and Embryology Authority B, B: QBD 26 Feb 2003

Mattis v Pollock (T/A Flamingo’s Nightclub): QBD 24 Oct 2002

The claimant sought damages after being assaulted by a doorman employed by the defendant. Held: The responsibility of the nightclub owner for the actions of his aggressive doorman was not extinguished by the separation in time and place from what had happened in the nightclub, and that vicarious liability was therefore established. The owner had … Continue reading Mattis v Pollock (T/A Flamingo’s Nightclub): QBD 24 Oct 2002

Kearn-Price v Kent County Council: CA 30 Oct 2002

The claimant was injured, being hit in the face by a football in a school playground. It was before school started. There had been accidents, and there were rules which had not been enforced. The school appealed a finding of negligence. Held: ‘a school owes to all pupils who are lawfully on its premises the … Continue reading Kearn-Price v Kent County Council: CA 30 Oct 2002

Anufrijeva v Secretary of State for the Home Department: CA 22 Mar 2002

Three asylum-seekers brought claims of breach of their Article 8 rights. One complained of a local authority’s failure to provide accommodation to meet special needs, the other two of maladministration and delay in the handling of their asylum applications. Held: All three claims failed. The essential object of article 8 is to protect individuals against … Continue reading Anufrijeva v Secretary of State for the Home Department: CA 22 Mar 2002

Hasan and Chaush v Bulgaria: ECHR 26 Oct 2000

The Grand Chamber considered executive interference in the appointment of the Chief Mufti of the Bulgarian Muslims: ‘Where the organisation of the religious community is at issue, Article 9 must be interpreted in the light of Article 11 of the Convention which safeguards associative life against unjustified State interference. Seen in this perspective, the believer’s … Continue reading Hasan and Chaush v Bulgaria: ECHR 26 Oct 2000

Salgueiro Da Silva Mouta v Portugal: ECHR 21 Dec 1999

There was a difference in treatment between the applicant and a comparator based on the applicant’s sexual orientation, a concept which is undoubtedly covered by Article 14. The list set out in this provision is of an indicative nature and is not definitive, as is evidenced by the adverb notamment (in English: ‘any ground such … Continue reading Salgueiro Da Silva Mouta v Portugal: ECHR 21 Dec 1999

Johansen v Norway: ECHR 7 Aug 1996

The court had to consider a permanent placement of a child with a view to adoption in oposition to the natural parents’ wishes. Held: Particular weight should be attached to the best interests of the child, which may override those of the parent: ‘These measures were particularly far-reaching in that they totally deprived the applicant … Continue reading Johansen v Norway: ECHR 7 Aug 1996

Costello-Roberts v The United Kingdom: ECHR 25 Mar 1993

‘Slippering’, a punishment by hitting a child with a slipper, when used as part of school discipline was not a degrading punishment under the convention. Conduct must attain a minimum level of severity to engage the operation of the Convention. Citations: Independent 26-Mar-1993, 13134/87, (1993) 19 EHRR 112, [1993] ECHR 16 Links: Worldlii, Bailii Statutes: … Continue reading Costello-Roberts v The United Kingdom: ECHR 25 Mar 1993

Olsson v Sweden (No 1): ECHR 24 Mar 1988

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 8; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedingsThe requirements identified as flowing from the phrase ‘in accordance with the law’ include this: ‘A norm cannot be regarded as a ‘law’ … Continue reading Olsson v Sweden (No 1): ECHR 24 Mar 1988

Campbell and Cosans v The United Kingdom: ECHR 25 Feb 1982

To exclude a child from school for as long as his parents refused to let him be beaten ‘cannot be described as reasonable and in any event falls outside the State’s power of regulation in article 2’. The Convention protects only religions and philosophies which are ‘worthy of respect in a ‘democratic society’ and are … Continue reading Campbell and Cosans v The United Kingdom: ECHR 25 Feb 1982

Regina (Amicus etc) v Secretary of State for Trade and Industry: Admn 26 Apr 2004

The claimants sought a declaration that part of the Regulations were invalid, and an infringement of their human rights. The Regulations sought to exempt church schools from an obligation not to discriminate against homosexual teachers. Held: The Regulation was within the scope of the Directive. Though a member state had some freedom in implementing a … Continue reading Regina (Amicus etc) v Secretary of State for Trade and Industry: Admn 26 Apr 2004

Reynolds v Strutt and Parker LLP: ChD 15 Jul 2011

The defendant had organised a team bonding day, including a cycling event. The claimant employee was severely injured falling from his cycle. He said that the defendant had been engligent in not providing cycling helmets. The circuit hosting company had said that helmets were available, and recommended. The claimant said there had been no mention … Continue reading Reynolds v Strutt and Parker LLP: ChD 15 Jul 2011

Strathclyde Regional Council and others v Wallace and others (Scotland): HL 22 Jan 1998

80% of the men who had been employed since 1 April 1997 had got protection under TUPE whereas only 66.66% of the women had. It was argued that this difference in percentages was sufficient to justify a claim of indirect discrimination. Held: There was no sex discrimination where there were genuine reasons for a pay … Continue reading Strathclyde Regional Council and others v Wallace and others (Scotland): HL 22 Jan 1998

Majrowski v Guy’s and St Thomas’ NHS Trust: CA 16 Mar 2005

The claimant had sought damages against his employer, saying that they had failed in their duty to him under the 1997 Act in failing to prevent harassment by a manager. He appealed a strike out of his claim. Held: The appeal succeeded. The issue is whether an employer may be vicariously liable under section 3 … Continue reading Majrowski v Guy’s and St Thomas’ NHS Trust: CA 16 Mar 2005

Post Office v Union of Communication Workers: CA 1990

De minimis principle inindustrial relations ballots. Judges: Lord Donaldson of Lymington MR Citations: [1990] ICR 258 Jurisdiction: England and Wales Cited by: Dictum disapproved – London Underground Ltd and Others v National Union of Rail, Maritime and Transport Worker CA 16-Feb-2001 When a union gave notice to the employer that it intended to hold a … Continue reading Post Office v Union of Communication Workers: CA 1990

Boughton, Regina (on the Application Of) v Her Majesty’s Treasury: Admn 25 Jul 2005

The applicants sought to control the sums they paid by way of taxation so as not to contribute to non peaceful objects. Held: Both English law and human rights jurisprudence would prevent the claim, and the application for a review failed. Judges: Collins J Citations: [2005] EWHC 1914 (Admin) Links: Bailii Statutes: European Convention on … Continue reading Boughton, Regina (on the Application Of) v Her Majesty’s Treasury: Admn 25 Jul 2005

Regina v Lord Chancellor ex parte John Witham: Admn 7 Mar 1997

If subordinate legislation cannot be construed in a way that makes it compatible with fundamental rights, it will be declared ultra vires. Rules which disallowed exemptions from court fees to a litigant in person on income support were invalid. They infringed the rule allowing access to justice. The common law had given special weight to … Continue reading Regina v Lord Chancellor ex parte John Witham: Admn 7 Mar 1997

Johnston v Chief Constable of the Royal Ulster Constabulary: ECJ 15 May 1986

The principles of the European Convention for the Protection of Human Rights must be taken into consideration in community law. The principle of effective judicial control laid down in article 6 of Council Directive 76/207, a principle which underlies the constitutional traditions common to the member states and which is laid down in articles 6 … Continue reading Johnston v Chief Constable of the Royal Ulster Constabulary: ECJ 15 May 1986

Commission v Denmark (Rec 1985,P 427) (Sv85-31 Fi85-31) (Judgment): ECJ 30 Jan 1985

Citations: C-143/83, [1985] EUECJ C-143/83 Links: Bailii Cited by: Cited – Morton v South Ayrshire Council IHCS 14-Feb-2002 The applicants were head teachers employed in junior schools. They alleged sex discrimination, and sought to use as comparators head teachers from different local authorities. The comparators had been put forward on the basis that the teacher … Continue reading Commission v Denmark (Rec 1985,P 427) (Sv85-31 Fi85-31) (Judgment): ECJ 30 Jan 1985

Regina v Warwickshire County Council, ex parte Johnson: HL 10 Feb 1993

The manager of a shop was not necessarily liable for a misleading price indication in the shop. There had been a national price reduction advertisement. A customer came into the shop to try to buy a television under the scheme. The store manager refused. The manager was charged with and convicted of giving misleading information … Continue reading Regina v Warwickshire County Council, ex parte Johnson: HL 10 Feb 1993

London Underground Ltd and Others v National Union of Rail, Maritime and Transport Worker: CA 16 Feb 2001

When a union gave notice to the employer that it intended to hold a ballot as to industrial action, the union was obliged to give details of the members to be balloted, so as to permit the employer to exercise its own rights. ‘Information as to the number, category or workplace of the employees’ concerned … Continue reading London Underground Ltd and Others v National Union of Rail, Maritime and Transport Worker: CA 16 Feb 2001

Pepper (Inspector of Taxes) v Hart: CA 1991

Citations: [1991] 2 All ER 824 Jurisdiction: England and Wales Cited by: Appeal from – Pepper (Inspector of Taxes) v Hart HL 26-Nov-1992 Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. … Continue reading Pepper (Inspector of Taxes) v Hart: CA 1991

El Al Israeli Airlines Ltd v Danielowitz: 1994

(Israel) A free society respects individual differences, and ‘Only the worst dictatorships try to eradicate those differences.’ Judges: Justice Barak Citations: [1994] Isrl LR 478 Cited by: Cited – Regina v Secretary of State for Education and Employment and others ex parte Williamson and others HL 24-Feb-2005 The appellants were teachers in Christian schools who … Continue reading El Al Israeli Airlines Ltd v Danielowitz: 1994

Balfron Trustees Ltd v Peterson: CA 2001

The court analysed in detail the decision in Lister v Hesley Hall and continued: ‘All of these passages emphasise the necessity of identifying the duty or responsibility of the employer to the victim. If such a duty or responsibility exists, the employer cannot avoid liability because it was delegated to an employee who failed to … Continue reading Balfron Trustees Ltd v Peterson: CA 2001

Meux v Great Eastern Railway Co: 1895

The plaintiff sought damages from the railway company for carelessly damaging his goods even though he did not himself have a contract with the company. Held: A duty was owed by the railway company towards the goods owner, applying cases which had held that a railway company owed a duty of care towards passengers injured … Continue reading Meux v Great Eastern Railway Co: 1895

Deatons Pty Ltd v Flew: 12 Dec 1949

(High Court of Australia). A barmaid employed by the appellant threw first the beer from a glass, and then the glass in a customer’s face causing injury. The company appealed a find of vicarious liability. Held: The act of the barmaid was not expressly authorized, it was not so connected with any authorized act as … Continue reading Deatons Pty Ltd v Flew: 12 Dec 1949

Irving and Irving v Post Office: CA 1987

The defendant’s employee disliked his neighbours – the plaintiffs. Whilst working in the sorting office, he wrote racially abusive materials on letters addressed to them. The plaintiffs appealed a finding that the defendant was not liable because the acts were not carried out as part of the employee’s work. Held: The test was whether the … Continue reading Irving and Irving v Post Office: CA 1987