The court considered the correct approach to calculating damages for breach of an employment contract, and in particular in the context of income tax on any award over the andpound;30,000 limit, and the need to gross up any award. Citations: [1984] IRLR 17, [1984] ICR 532 Cited by: Approved – Global Crossing (UK) Telecommunications Ltd … Continue reading Shove v Downs Surgical plc: 1984
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The defendant had used public telephones to cause nuisance, annoyance, harassment, alarm and distress. He had made hundreds of obscene telephone calls to at least 13 women, and was convicted of causing a public nuisance. He argued that no call caused distress to more than one person, and that it was wrong to aggregate them. … Continue reading Regina v Johnson: CACD 14 May 1996
The defendant had made a series of racist and abusive calls to the office of his local MP. The prosecutor appealed a refusal to convict under the 1984 (now the 2003) Act. The defendant had argued that the messages had been offensive, but not grossly so. Held: The prosecutor’s appeal succeeded. ‘The purpose of the … Continue reading Director of Public Prosecutions v Collins: HL 19 Jul 2006
The defendant had, over a period of time, telephoned his MP’s office using racially abusive epithets. He was originally charged under the 1984 Act, but then under the 2003 Act. The magistrates found the remarks offensive, but not so grossly offensive as to constitute an offence under the Act. The prosecutor appealed. Held: The appeal … Continue reading Director of Public Prosecutions v Collins: Admn 23 Jun 2005
Women had taken extended maternity leave, but having followed the procedures, had been unable for illness to return to work on the day they had notified. The employer then asserted that the claimants had resigned. The EAT had confirm that they had not been unfairly dismissed. Held: The legislation provided ‘special protection for the security … Continue reading Kwik Save Stores Limited v Greaves; Crees v Royal London Mutual Insurance Society Limited: CA 20 Jan 1998
World-wide freezing orders had been made under the 1982 Act. The defendants were members of a Turkish family with substantial business interests in the telecommunications industry. In breach of orders made in the US some defendants had sought to hide their assets. They had failed to respond as required to orders to disclose their assest, … Continue reading Motorola Credit Corporation v Uzan and others (No 2): CA 12 Jun 2003
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
The Secretary of State had misused his licensing powers under the Act to attempt to oblige the licensee to accept changes in the licence he already held. They had the right to bid at auction along wit hall others, and could not be required to agree to amendments to existing licenses as a condition of … Continue reading Regina v Secretary of State for Trade and Industry, ex parte Mercury Personal Communications Ltd: QBD 14 Sep 1999
The system under which the registered keeper of a vehicle was obliged to identify herself as the driver, and such admission was to be used subsequently as evidence against her on a charge of driving with excess alcohol, was not a breach of her right to a fair trial. The right not to give evidence … Continue reading Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000
The claimant’s husband had been lost from the defendant’s ship at sea. The defendant had contracted to pay compensation unless the loss was by suicide. They so determined. The court was now asked whether that was a permissible conclusion in the circumstances: ‘This case raises two inter-linked questions of principle, one general and one particular. … Continue reading Braganza v BP Shipping Ltd: SC 18 Mar 2015
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
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Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index
