Search Results for: Truck Act

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Ijomah v Nottinghamshire Healthcare NHS Foundation Trust (Practice and Procedure – Unless Orders): EAT 12 Jun 2020

In a case involving multiple claims of protected disclosure detriment, and a claim of unfair dismissal by reason of protected disclosures, the Employment Tribunal erred in its approach to whether there had been material non-compliance with an Unless Order that was attached to an earlier Order requiring further particulars of the claims. The EAT made … Continue reading Ijomah v Nottinghamshire Healthcare NHS Foundation Trust (Practice and Procedure – Unless Orders): EAT 12 Jun 2020

Tough v Revenue and Customs (Practice and Procedure – Strike Out): EAT 14 Feb 2020

The Claimant’s claims of direct disability discrimination and harassment had been struck out after a Preliminary Hearing at which the Employment Tribunal (‘ET’) had determined he was not a disabled person for the purposes of the Equality Act 2010. The Claimant appealed, complaining that the ET had erred: (1) in failing to make findings as … Continue reading Tough v Revenue and Customs (Practice and Procedure – Strike Out): EAT 14 Feb 2020

Chargot Ltd (T/A Contract Services) and Others, Regina v: CACD 13 Dec 2007

The defendant company appealed against its conviction under the 1974 Act after a driver was buried under the load when his truck overturned on a work-site. Held: The appeal failed. The policy of the 1974 Act was to impose a positive burden on employers, rather than simply disciplining them for the breach of specific obligations. … Continue reading Chargot Ltd (T/A Contract Services) and Others, Regina v: CACD 13 Dec 2007

Leslie v Imperial College Healthcare NHS Trust (Practice and Procedure): EAT 7 Jan 2020

The Employment Tribunal dismissed the Claimant’s claims for discrimination, harassment, victimisation, whistleblowing detriment and unfair dismissal part of the way through the final hearing because he indicated that he was not prepared to give evidence or otherwise continue to participate in the proceedings, after the Tribunal ruled against his application to strike out the Respondent’s … Continue reading Leslie v Imperial College Healthcare NHS Trust (Practice and Procedure): EAT 7 Jan 2020

Mashoof v Revenue and Customs (Stamp Duty Land Tax – Paragraph 25 of Schedule 10 To Finance Act 2003 – Whether Revenue Determination Made, Issued and Served): FTTTx 25 Mar 2020

STAMP DUTY LAND TAX – paragraph 25 of schedule 10 to Finance Act 2003 – whether Revenue determination made, issued and served – paragraph 35(1)(e) and paragraph 36(5A) of schedule 10 to Finance Act 2003 – whether the Tribunal has jurisdiction to consider an appeal against a Revenue determination based on procedural defects – whether … Continue reading Mashoof v Revenue and Customs (Stamp Duty Land Tax – Paragraph 25 of Schedule 10 To Finance Act 2003 – Whether Revenue Determination Made, Issued and Served): FTTTx 25 Mar 2020

Dimitriu v Testerworld Ltd (T/A De Pharmaceutical) (Practice and Procedure – Appearance/Striking-Out): EAT 16 Jan 2020

PRACTICE AND PROCEDURE – appearance/striking-out The Claimant was represented by her husband, who is not legally qualified. They attended and participated in a Preliminary Hearing, at which an ET considered whether the Claimant’s claims had no, or little reasonable prospect of success, and allowed them to proceed without making a deposit order. The Claimant was … Continue reading Dimitriu v Testerworld Ltd (T/A De Pharmaceutical) (Practice and Procedure – Appearance/Striking-Out): EAT 16 Jan 2020

Singer v Revenue and Customs (Appeal against Interest for Late Payment of SDLT – Appeal Struck Out On The Basis That The Tribunal Has No Jurisdiction): FTTTx 3 Feb 2021

Appeal against interest for late payment of SDLT – appeal struck out on the basis that the Tribunal has no jurisdiction – Finance Act 2003 ss 87 and 91 and Schedule 10 para 35 and Schedule 12 – HMRC v Hok Ltd considered Citations: [2021] UKFTT 30 (TC) Links: Bailii Jurisdiction: England and Wales Stamp … Continue reading Singer v Revenue and Customs (Appeal against Interest for Late Payment of SDLT – Appeal Struck Out On The Basis That The Tribunal Has No Jurisdiction): FTTTx 3 Feb 2021

Cato v Murphy and Murphy ( Practice and Procedure): LRA 11 Oct 2011

LRA Respondents’ application to strike out the Applicant for abuse of process and/or under Rule 32A – application for determined boundary – same boundary in dispute in earlier County Court proceedings – earlier proceedings struck out for breach of Court orders – determined boundary application struck out as an abuse of process – in the … Continue reading Cato v Murphy and Murphy ( Practice and Procedure): LRA 11 Oct 2011

Khan and Others v Khan and Others (Practice and Procedure): LRA 27 Jan 2011

LRA Applications to alter the proprietorship register – dispute as to the properly appointed trustees of a charity – one party directed to commence court proceedings under section 110(1) of the Land Registration Act 2002 – proceedings struck out for failure to obtain consent of the Charity Commission – whether consent of the Charity Commission … Continue reading Khan and Others v Khan and Others (Practice and Procedure): LRA 27 Jan 2011

Arthur v Hertfordshire Partnership University NS Foundation Trust (Practice and Procedure Striking-Out : Dismissal): EAT 13 Aug 2019

PRACTICE AND PROCEDURE Striking-out / dismissal PRACTICE AND PROCEDURE Imposition of deposit Rules 37(1) and 39(1) Schedule 1 Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013 The Employment Tribunal (‘ET’) had struck out the Claimant’s claim of protected disclosure detriments and dismissal as having no reasonable prospect of success. In the alternative, the ET … Continue reading Arthur v Hertfordshire Partnership University NS Foundation Trust (Practice and Procedure Striking-Out : Dismissal): EAT 13 Aug 2019

Abramova v Oxford Institute of Legal Practice: QBD 18 Mar 2011

The claimant sought damages saying that the defendant had failed to provide her with the Legal Practice Course promised. The complaints included, in particular, an attack on the practice of having students mark their own mock examination papers. Held: In such claims expert evidence must be produced that the Bolam Standard had not been met. … Continue reading Abramova v Oxford Institute of Legal Practice: QBD 18 Mar 2011

Brill v Interactive Business Communications Ltd: EAT 20 Apr 2010

EAT Amendment Striking-out/dismissal An Employment Judge erred in refusing permission to amend an ET1 to add an associative disability discrimination claim on the ground that no statutory grievance had been raised in respect of such a claim. If the proposed amendment was of or included complaint of discrimination by dismissal no such grievance was required. … Continue reading Brill v Interactive Business Communications Ltd: EAT 20 Apr 2010

Greaves and Co (Contractors) Ltd v Baynham Meikle and Partners: CA 1975

Consultant engineers were instructed to design a warehouse, the first floor of which, as they knew, was to be used for storing drums of oil that would be moved around by fork-lift trucks. The warehouse was built to the engineers’ design but after a few months’ use the first floor began to crack because it … Continue reading Greaves and Co (Contractors) Ltd v Baynham Meikle and Partners: CA 1975

UK Trucks Claim Limited v Stellantis NV (Formerly Fiat Chrysler Automobiles NV) and Others: CAT 8 Jun 2022

This judgment determines two applications for a Collective Proceedings Order (‘CPO’) pursuant to s. 47B of the Competition Act 1998 (‘CA 1998’) in respect of damages claims resulting from a cartel. The first application is brought by UK Trucks Claim Ltd (‘UKTC’), a special purpose vehicle (‘SPV’) set up to pursue these claims. The second … Continue reading UK Trucks Claim Limited v Stellantis NV (Formerly Fiat Chrysler Automobiles NV) and Others: CAT 8 Jun 2022

Castlemilk Group Practice v Chakrabarti: EAT 2 Jun 2009

EAT Response struck out by Tribunal after evidence led on the merits, before submissions and before remedies hearing in claim by a GP of unfair dismissal and age discrimination against practice in which he had been a doctor in circumstances where a documents and questions order found not to have been complied with and there … Continue reading Castlemilk Group Practice v Chakrabarti: EAT 2 Jun 2009

Dominion Mosaics Limited v Trafalgar Trucking Co Limited: CA 1990

The claimant’s building was destroyed by fire as a result of the defendant’s negligence. It was impracticable to rebuild and so, to keep its business going the claimant bought a 36 year lease of another building with 20% more floor space. In the fire the claimant had lost some carpet-holding machines which it had bought, … Continue reading Dominion Mosaics Limited v Trafalgar Trucking Co Limited: CA 1990

Parmer v East Leicester Medical Practice: EAT 1 Mar 2011

EAT VICTIMISATION DISCRIMINATIONClaimant sought to bring victimisation proceedings based on statements in witness statements served in prior discrimination claim (subsequently dismissed on jurisdictional grounds) – Judge struck claim out on the basis that the statements attracted judicial proceedings immunity (Health v Commissioner of Metropolitan Police) – Appeal on basis that the immunity does not apply … Continue reading Parmer v East Leicester Medical Practice: EAT 1 Mar 2011

Boys v Cvme Truck Rental Ltd: EAT 19 Jul 2007

EAT UNFAIR DISMISSALConstructive DismissalCostsWhether, further evidence admissible at costs hearing in relation to factual issue determined at the substantive hearing (No). Costs in the appeal. Judges: Peter Clark J Citations: [2007] UKEAT 0037 – 07 – 1907 Links: Bailii Employment Updated: 12 July 2022; Ref: scu.259811

In re T and N Ltd and Others, Re Insolvency Act 1986: ChD 14 Dec 2005

The court considered the case of Glenister and similar and said: ‘I accept the submission that these cases are not in point to the issue as regards future asbestos claims. There is no element of discretion as regards such claims. If the ingredients of the tort of negligence . . are established, the claimants are … Continue reading In re T and N Ltd and Others, Re Insolvency Act 1986: ChD 14 Dec 2005

Quantum Corporation Inc and Others v Plane Trucking Ltd and Another: CA 27 Mar 2002

A valuable cargo was stolen whilst being transported. Part of the journey was by road, and part by air. The carriers sought to limit their liability, because of the provisions of the Act and Convention. It was argued that that did not apply, because part of the journey had been by air, and part only … Continue reading Quantum Corporation Inc and Others v Plane Trucking Ltd and Another: CA 27 Mar 2002

SM Trucking Ltd v Dixon: EAT 26 Oct 2021

CONTRACT OF EMPLOYMENT, UNFAIR DISMISSAL The Tribunal found as a fact that the claimant before the Tribunal, an HGV driver, was wholly to blame for a road traffic accident that wrote off the respondent’s HGV. That accident (together with the claimant’s accident history) also resulted in the respondent’s insurer’s refusal to continue to provide cover … Continue reading SM Trucking Ltd v Dixon: EAT 26 Oct 2021

Otuo v The Watch Tower Bible And Tract Society of Britain (Relief from Sanctions 1): QBD 21 Feb 2019

Defendants’ application pursuant to CPR 3.9 for relief from sanctions, in respect of their non-compliance within Order. The defendants had made an application raising the question of whether the entirety of these slander claims, or aspects of them, should be stayed or struck out on the grounds that the issues raised are not justiciable Judges: … Continue reading Otuo v The Watch Tower Bible And Tract Society of Britain (Relief from Sanctions 1): QBD 21 Feb 2019

Arvunescu v Quick Release (Automotive) Ltd (Practice and Procedure): EAT 23 Sep 2021

PRACTICE AND PROCEDURE The claimant, who was formerly employed by the respondent, brought proceedings against them for race discrimination after his employment was terminated. The proceedings were compromised by a ‘COT3’ agreement signed in March 2018. Soon afterwards, in May 2018, the claimant brought a new claim against the respondent. He alleged, among other matters, … Continue reading Arvunescu v Quick Release (Automotive) Ltd (Practice and Procedure): EAT 23 Sep 2021

Jaques (Documents Disclosed In Redacted Form Without Previous Permission): UTLC 22 Apr 2022

Documents disclosed in redacted form without previous permission – ‘unless’ order requiring disclosure in unredacted form – application for direction permitting redaction and request for further time for compliance not determined by date fixed for compliance – proceedings struck out for non-compliance – request for reinstatement refused – rules 3, 9 and 17, Tribunal Procedure … Continue reading Jaques (Documents Disclosed In Redacted Form Without Previous Permission): UTLC 22 Apr 2022

Weathersfield Ltd (T/a Van and Truck Rentals) v Sargent: CA 10 Dec 1998

The employer, a vehicle hire operator, explained to the Claimant employee following her appointment as a receptionist their policy that if she received an enquiry from any coloured or Asians, judging by their voices, she was to tell them that there were no vehicles available. Upset by that policy she promptly resigned, and later claimed … Continue reading Weathersfield Ltd (T/a Van and Truck Rentals) v Sargent: CA 10 Dec 1998

Moroney v Anglo-European College of Chiropractice: CA 1 Nov 2009

The claimant appealed saying that on an application under Rule 3.4, the judge had without forewarning him struck out his case under part 24. Held: There is an overlap between the summary judgment and strike out jurisdictions to the extent that the court may treat an application under CPR 3.4(2)(a) as if it was an … Continue reading Moroney v Anglo-European College of Chiropractice: CA 1 Nov 2009

Frans Maas Logistics (UK) Ltd v CDR Trucking BV: ComC 23 Mar 1999

CMR Convention: Articles 31(2) and 36 – relating on jurisdiction. Brussels Convention: Article 57. Applicability in cases covered by the CMR convention.Article 31.2 of CMR to be limited to proceedings brought by same claimant against the same defendant, and that, on that basis, the lis pendens provisions of articles 21 and 22 of the Brussels … Continue reading Frans Maas Logistics (UK) Ltd v CDR Trucking BV: ComC 23 Mar 1999

Cullinane v British “Rema” Manufacturing Co Ltd: CA 1954

The court considered the possibility of a claim in breach of contract for damages for both capital loss and loss of profit. Lord Evershed MR said: ‘It seems to me, as a matter of principle, that the full claim of damages in the form in which it is pleaded was not sustainable, in so far … Continue reading Cullinane v British “Rema” Manufacturing Co Ltd: CA 1954

Hassan v Barts Health NHS Trust and Others (Practice and Procedure): EAT 11 Jul 2017

PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity On a Rule 26 ‘initial consideration’ on 26 August 2015 before presentation of the ET3 response, the London Central Employment Tribunal directed a Preliminary Hearing on a jurisdictional issue, to be heard on 2 October 2015. Before receipt of notice of that hearing, the Appellant applied … Continue reading Hassan v Barts Health NHS Trust and Others (Practice and Procedure): EAT 11 Jul 2017

Oppong v Tesco Stores Ltd (Practice and Procedure): EAT 25 May 2017

EAT PRACTICE AND PROCEDURE – Costs PRACTICE AND PROCEDURE – Right to be heard The Appellant appealed against the Decision of the Employment Tribunal to order him to pay a contribution to the Respondent’s costs. The Employment Tribunal had struck out his claim because of his deliberate flouting of the procedure Rules and unreasonable conduct. … Continue reading Oppong v Tesco Stores Ltd (Practice and Procedure): EAT 25 May 2017

Motowidelko v Revenue and Customs (Excise Duty Appeals : Practice and Procedure): FTTTx 1 Feb 2017

FTTTx EXCISE DUTY – Cigarettes brought in from another Member State – Excise assessment – Excise wrongdoing penalty – Whether appellant misled by HMRC as to alleged need to pay andpound;2,500 to pursue a claim in the Magistrates’ Court? – Terms of HMRC’s letter considered – No, HMRC did not mislead – Other issues relate … Continue reading Motowidelko v Revenue and Customs (Excise Duty Appeals : Practice and Procedure): FTTTx 1 Feb 2017

Eli Lilly v Actavis UK Ltd and Others: SC 12 Jul 2017

The issue raised on this appeal and cross-appeal is whether three products manufactured by Actavis would infringe a patent whose proprietor is Lilly, namely European Patent (UK) No 1 313 508, and its corresponding designations in France, Italy and Spain. Held: Eli Lilly’s appeal succeeded. The Actavis products directly infringed the respondent’s patents. The Court … Continue reading Eli Lilly v Actavis UK Ltd and Others: SC 12 Jul 2017

Balli, Re Contempt of Court Act 1981 (No. 2): ChD 15 Jul 2011

The defendant litigant had been found guilty of contempt in the face of court and sentenced to six months’ imprisonment. The contemnor now sought to purge his contempt. Held: The sentence had been imposed as punishment and not to seek to enforce compliance with the order. As a result of his behaviour have had been … Continue reading Balli, Re Contempt of Court Act 1981 (No. 2): ChD 15 Jul 2011

Mist v Derby Community Health Services NHS Trust (Practice and Procedure: Amendment): EAT 22 Jan 2016

EAT PRACTICE AND PROCEDURE – Amendment TRANSFER OF UNDERTAKINGS – Transfer TRANSFER OF UNDERTAKINGS – Consultation and other information Application to amend existing ET proceedings to add a claim against a Second Respondent (the transferee in a TUPE transfer). Without determining the date of the transfer but assuming liability for the Claimant’s employment and any … Continue reading Mist v Derby Community Health Services NHS Trust (Practice and Procedure: Amendment): EAT 22 Jan 2016

Truckenbrodt v Germany (Dec): ECHR 30 Jun 2015

ECHR Article 6-1 Civil rights and obligations Complaint concerning length of domestic proceedings challenging withdrawal by a judge of photographer’s accreditation to take pictures in court: inadmissible Facts – In the Convention proceedings, the applicant, a journalist, complained under Article 6 of the Convention of the excessive length of proceedings he had brought before the … Continue reading Truckenbrodt v Germany (Dec): ECHR 30 Jun 2015

Szepielow v NHS Tayside (Practice and Procedure : Appellate Jurisdiction/Reasons/Burns-Barke): EAT 25 Jun 2015

EAT PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke An Appellant who was enjoying an extended holiday on a yacht in the Pacific filled in a Notice of Appeal which though it gave his home address, supplied only an email address in response to the pro forma request to supply a postal address for service. He did … Continue reading Szepielow v NHS Tayside (Practice and Procedure : Appellate Jurisdiction/Reasons/Burns-Barke): EAT 25 Jun 2015

Mr Karatzalidis Struck Out Of The List; Violation Of Art 6-1 ; Non-Pecuniary Damage – Financial Award; Costs And Expenses Award – Domestic Proceedings ; Costs And Expenses Award – Convention Proceedings: ECHR 19 Mar 1997

Hudoc Judgment (Merits and just satisfaction) Case of Mr. Karatzalidis struck out of the list; Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedings 20417/92, 20416/92, 20418/92, 20419/92, 20420/92, 20421/92, 20422/92, 20423/92, 20424/92, 20425/92, 20426/92, 20427/92, 20428/92, 20673/92, 20674/92, 20675/92, 20718/92, … Continue reading Mr Karatzalidis Struck Out Of The List; Violation Of Art 6-1 ; Non-Pecuniary Damage – Financial Award; Costs And Expenses Award – Domestic Proceedings ; Costs And Expenses Award – Convention Proceedings: ECHR 19 Mar 1997

Szymoniak Advanced Supply Chain (Bfd) Ltd (Practice and Procedure): EAT 1 Jul 2021

The employment tribunal erred in striking out a claim of constructive unfair dismissal at a preliminary hearing. The claimant alleged that multiple incidents occurred over a period of about ten months which together amounted to a cumulative breach of the implied duty of trust and confidence. There were a number of material disputes of fact. … Continue reading Szymoniak Advanced Supply Chain (Bfd) Ltd (Practice and Procedure): EAT 1 Jul 2021

Sumal SL v Mercedes Benz Trucks Espana SL: ECJ 6 Oct 2021

JUDGMENT OF THE COURT (Grand Chamber) Reference for a preliminary ruling – Competition – Compensation for harm caused by a practice prohibited under Article 101(1) TFEU – Determination of the undertakings liable to provide compensation – Action for compensation directed against the subsidiary of a parent company and brought following a decision finding only that … Continue reading Sumal SL v Mercedes Benz Trucks Espana SL: ECJ 6 Oct 2021

Sridhar v Kingston Hospital NHS Foundation Trust (Practice and Procedure : Race Discrimination): EAT 21 Jul 2020

The Appellant appealed against the ruling of the Employment Tribunal at a Preliminary Hearing that certain of his race discrimination and racial harassment claims should be struck out because they were out of time. The appeal was allowed, on the basis that the Tribunal had not addressed the Appellant’s contention that apparently disparate acts and … Continue reading Sridhar v Kingston Hospital NHS Foundation Trust (Practice and Procedure : Race Discrimination): EAT 21 Jul 2020

Robinson v Bowskill and Others (P/A Fairhill Medical Practice): EAT 20 Nov 2013

EAT JURISDICTIONAL POINTS Claim in time and effective date of termination Extension of time: just and equitable 1. The Claimant’s unfair dismissal and discrimination claims were struck out, as being out of time. 2. She was summarily dismissed on 06.07.11. That information was sent to the Claimant’s solicitor by e-mail that day. She informed the … Continue reading Robinson v Bowskill and Others (P/A Fairhill Medical Practice): EAT 20 Nov 2013

Rooney v Leicester City Council (Practice and Procedure): EAT 7 Oct 2021

The employment tribunal erred in law in holding that the claimant was not a disabled person. The employment tribunal erred in law in striking out the claimant’s discrimination claims without adequately analysing them, and gave insufficient reasons with the result that the claimant could not know why the claims had been struck out. The employment … Continue reading Rooney v Leicester City Council (Practice and Procedure): EAT 7 Oct 2021

Xia v Tag Europe Ltd (Practice and Procedure): EAT 15 Nov 2021

Practice and Procedure An Employment Judge struck out the claimant’s claims on the basis that the (i) that the manner in which the proceedings had been conducted by the claimant had been scandalous, unreasonable and vexatious and (ii) because the claims had no reasonable prospect of success. The claimant had claimed that a series of … Continue reading Xia v Tag Europe Ltd (Practice and Procedure): EAT 15 Nov 2021

Emuemukoro v Croma Vigilant (Scotland) Ltd and Another (Practice and Procedure): EAT 22 Jun 2021

Response Properly Struck Out – Non-compliance On the first day of a five-day hearing to consider the Claimant’s claims of unfair dismissal, wrongful dismissal and holiday pay, the Tribunal struck out the Respondents’ Response for failing to comply with the Tribunal’s orders. Those failures meant that it was impossible for the trial to proceed within … Continue reading Emuemukoro v Croma Vigilant (Scotland) Ltd and Another (Practice and Procedure): EAT 22 Jun 2021

Ahmed v Bedford Borough Council (Practice and Procedure : Striking-Out/Dismissal): EAT 17 May 2013

EAT PRACTICE AND PROCEDURE – Striking-out/dismissalClaimant failed to undergo medical examination necessary for disability claim. Further claims of race and religious discrimination also brought.All claims struck out by Employment Judge under ET rule 18(7)(c). No consideration apparently given to (a) whether a fair trial was possible or (b) a lesser sanction, e.g. unless order/separating out … Continue reading Ahmed v Bedford Borough Council (Practice and Procedure : Striking-Out/Dismissal): EAT 17 May 2013

Johnson v Oldham Metropolitan Borough Council (Practice and Procedure : Striking-Out/Dismissal): EAT 17 Apr 2013

EAT PRACTICE AND PROCEDURE (1) Striking out – test of substantial compliance; (2) stay. Two appeals arising out of the same Tribunal proceedings were considered. The first was an appeal by the Respondent against a judge’s refusal to accept that the Claimant had not complied with an unless order requiring her to give sufficient particulars … Continue reading Johnson v Oldham Metropolitan Borough Council (Practice and Procedure : Striking-Out/Dismissal): EAT 17 Apr 2013

Evans v The London Borough of Brent (Practice and Procedure – Striking Out): EAT 6 Mar 2020

Employment Tribunal – Practice and Procedure – Striking Out – Unfair Dismissal Claim Given findings made in related High Court proceedings, the Employment Tribunal (‘ET’) concluded that the Claimant’s unfair dismissal claim had no reasonable prospects of success save on the ground of procedural fairness arising from the Respondent’s failure to adjourn the disciplinary hearing. … Continue reading Evans v The London Borough of Brent (Practice and Procedure – Striking Out): EAT 6 Mar 2020

X v Y Ltd (Practice and Procedure – Disclosure): EAT 9 Aug 2018

Iniquity surpasses legal advice privilege PRACTICE AND PROCEDURE – Disclosure PRACTICE AND PROCEDURE – Striking-out/dismissal An Employment Judge struck out paragraphs of the Claimant’s claim as they depended on an email in respect of which legal advice privilege was claimed. In considering whether privilege could not be claimed as the advice in the email was … Continue reading X v Y Ltd (Practice and Procedure – Disclosure): EAT 9 Aug 2018

English v Emery Reimbold and Strick Ltd; etc, (Practice Note): CA 30 Apr 2002

Judge’s Reasons Must Show How Reached In each case appeals were made, following Flannery, complaining of a lack of reasons given by the judge for his decision. Held: Human Rights jurisprudence required judges to put parties into a position where they could understand how the decision in their case had been arrived at. Flannery preceded … Continue reading English v Emery Reimbold and Strick Ltd; etc, (Practice Note): CA 30 Apr 2002

Chargot Limited (T/A Contract Services) and Others, Regina v: HL 10 Dec 2008

The victim died on a farm when his dumper truck overturned burying him in its load. Held: The prosecutor needed to establish a prima facie case that the results required by the Act had not been achieved. He need only establish that a risk of injury arose out of the state of affairs at the … Continue reading Chargot Limited (T/A Contract Services) and Others, Regina v: HL 10 Dec 2008

Pope v Rise (Refuge, Information, Support and Education) and Others (Contract of Employment : Notice and Pay In Lieu): EAT 15 Apr 2013

EAT Contract of Employment : Notice and Pay In Lieu – The Employment Judge permissibly refused to allow the Claimant to amend her claim to add wrongful dismissal as it was an attempt to argue unfair dismissal, for which she lacked one year’s employment. But even if she were allowed to argue this, the papers … Continue reading Pope v Rise (Refuge, Information, Support and Education) and Others (Contract of Employment : Notice and Pay In Lieu): EAT 15 Apr 2013

Cullinane v British ‘Rema’ Manufacturing Co Ltd: CA 1954

References: [1954] 1 QB 292 Coram: Lord Evershed MR, Jenkins LJ The court considered the possibility of a claim in breach of contract for damages for both capital loss and loss of profit. Lord Evershed MR said: ‘It seems to me, as a matter of principle, that the full claim of damages in the form … Continue reading Cullinane v British ‘Rema’ Manufacturing Co Ltd: CA 1954

Kelly v Northern Ireland Housing Executive; Loughran v Northern Ireland Housing Executive: HL 29 Jul 1998

Provisions against discrimination on religious grounds in Northern Ireland, could apply to appointment of a firm to a panel of experts, where one person was designated to carry out that work. ‘it is essential, for there to be ’employment,’ that the person making the contract shall himself undertake to do, at any rate, some of … Continue reading Kelly v Northern Ireland Housing Executive; Loughran v Northern Ireland Housing Executive: HL 29 Jul 1998

Williams and Others v North’s Navigation Collieries, Ltd: HL 20 Mar 1906

Held that under the Truck Act 1831 an employer was not entitled to deduct from a workman’s wages the amount of a fine due by the workman to the master under an order of a court of summary jurisdiction. The only deductions he can make are those expressly sanctioned by the statute (see sections 23 … Continue reading Williams and Others v North’s Navigation Collieries, Ltd: HL 20 Mar 1906

Christofi v Barclays Bank Plc: CA 28 Jun 1999

A bank is under no obligation of confidence to its customer so as to prevent it disclosing to another party a fact which was ascertainable from inspection of public registers, namely in this case that a caution against registration having been warned off had subsequently been removed. Citations: Times 01-Jul-1999, Gazette 21-Jul-1999, [1999] EWCA Civ … Continue reading Christofi v Barclays Bank Plc: CA 28 Jun 1999

Liddell v Middleton: CA 17 Jul 1995

A husband and wife crossed a road. The wife, appreciating that the danger from the traffic, ran across. The husband stood in the middle of the road and then went ahead, but was struck by a vehicle and injured. He was significantly affected by alcohol, and evidence had been led at the trial indicating the … Continue reading Liddell v Middleton: CA 17 Jul 1995

Gardner v Southwark London Borough Counci (No 1); King v East Cambridgeshire District Council etc: CA 18 Jan 1996

It was not an abuse of process, to restart a claim within the limitation period after an automatic striking out of an earlier action. Millett LJ referred to the ‘same dilatory progress’ all the parties to the action continued to make after the guillotine date. Sir Thomas Bingham MR said: ‘I would add only this … Continue reading Gardner v Southwark London Borough Counci (No 1); King v East Cambridgeshire District Council etc: CA 18 Jan 1996

In Re Manlon Trading Ltd: CA 22 Jun 1995

Company Director Disqualification proceedings were struck out for delay. There has to be a balance between the public interest in securing the disqualification of bad directors and the prejudice to private citizens and the people subject to the application process. Proceedings which are brought at the end of the two-year period are liable to be … Continue reading In Re Manlon Trading Ltd: CA 22 Jun 1995

Siddiqui v University of Oxford: QBD 5 Dec 2016

The University applied to have struck out the claim by the claimant for damages alleging negligence in its teaching leading to a lower class degree than he said he should have been awarded. Held: Strike out on the basis that the claim was bound to fail was refused. Nor was the claim bound to fail … Continue reading Siddiqui v University of Oxford: QBD 5 Dec 2016

Norris (Suing By her Next Friend Norris) v Tennant-Smith: CA 7 Sep 1995

The claimant sought damages for personal injuries after being struck by the defendant’s car. He had emerged from between parked cars into the path of the defendant. Held: The judge’s findings were essentially ones of fact, and his conclusion that the defendant driver had not been negligent could not be disturbed. Appeal dismissed. Judges: Lord … Continue reading Norris (Suing By her Next Friend Norris) v Tennant-Smith: CA 7 Sep 1995

Rowe v Glenister and Others: CA 7 Aug 1995

Mrs. Rowe sued Mr. Glenister for breach of trust. The judge struck out the action for the want of prosecution. Held: A witness’s memory loss is not itself a sufficient reason to strike out an action for want of prosecution. A defendant seeking a striking out for delay must also show some post-writ prejudice caused … Continue reading Rowe v Glenister and Others: CA 7 Aug 1995

Ikea Ltd and Others v Brown and Others: ComC 7 May 2009

Action short of standard for malicious prosecution The claimants alleged a fraud by the eight defendants. The sixth defendant counterclaimed for damages alleging malicious prosecution. The claimant sought the strike out of the counterclaim. Held: The allegations failed insofar as they related to the institution of civil proceedings. As to the criminal proceedings: ‘it is … Continue reading Ikea Ltd and Others v Brown and Others: ComC 7 May 2009

Steans Fashions Ltd and Another v Legal and General Assurance Society Ltd: CA 31 Dec 1994

A company could be re-instated to the companies register retrospectively for the purposes of a court action. The case was suspended, and not to be struck-out, pending that re-instatement. Citations: Gazette 08-Feb-1995, Times 31-Dec-1994 Statutes: Companies Act 1985 653 Jurisdiction: England and Wales Company, Litigation Practice Updated: 20 December 2022; Ref: scu.89523

Curr v London and Country Mortgages: QBD 25 Jun 2020

Application by the Defendant for summary judgment under CPR 24.2, or alternatively for the claim to be struck out as an abuse of process, and for an Extended Civil Restraint Order against the Claimant. Held: Summary judgment for the defendant but civil restraint order refused. Judges: Mrs Justice Andrews Citations: [2020] EWHC 1661 (QB) Links: … Continue reading Curr v London and Country Mortgages: QBD 25 Jun 2020

The Football League Ltd v Edge Ellison (A Firm): ChD 23 Jun 2006

The claimants operated football leagues, and asked the defendant solicitors to act in negotiating the sale of television rights to ONdigital. The broadcasts went ahead, but no guarantees were taken for the contract. The claimants alleged professional negligence, and claimed many millions of pounds. The defendant denied negligence and said that if negligence was found, … Continue reading The Football League Ltd v Edge Ellison (A Firm): ChD 23 Jun 2006

Oneryildiz v Turkey: ECHR 18 Jun 2002

(Grand Chamber) The applicant had lived with his family in a slum bordering on a municipal house-hold refuse tip. A methane explosion at the tip resulted in a landslide which engulfed the applicant’s house, killing his close relatives. The applicant claimed that the local authorities were responsible for the accident at the tip and for … Continue reading Oneryildiz v Turkey: ECHR 18 Jun 2002

Richards v Manpower Services Ltd: EAT 3 Apr 2013

EAT Practice and Procedure : Striking-Out/Dismissal – Unless Order – non-compliance – effect The Respondent had failed to comply with an ‘unless order’ and had made no application in any form for relief against sanction. The Employment Judge declined to make an order striking out the Respondent’s responses: he ought to have made an order … Continue reading Richards v Manpower Services Ltd: EAT 3 Apr 2013

N Ltd and Another, Regina v: CACD 10 Jun 2008

The defence had requested and been give a ruling of no case to answer. The prosecutor now appealed saying that this had been before he had closed the prosecution case, and had been not with his consent. Held: The prosecutor’s appeal succeeded. The Galbraith case did not suggest that the judge had the power he … Continue reading N Ltd and Another, Regina v: CACD 10 Jun 2008

Shears Court (West Mersea) Management Company Ltd v Essex County Council: ChD 1986

Residents claimed a right to use a way over the plaintiff’s land as access to a beach. The County Council after representation by the residents instituted proceedings under the 1981 Act having concluded that there was a public right of way. Meanwhile the plaintiff landowner issued a writ seeking a declaration that no public footpath … Continue reading Shears Court (West Mersea) Management Company Ltd v Essex County Council: ChD 1986

Worrall v British Railways Board: CA 29 Apr 1999

The plaintiff alleged that an injury which he has suffered as a result of his employer’s negligence had changed his personality. As a result, he had on two occasions committed sexual assaults on prostitutes, for which offences he had been sentenced to imprisonment for six years. He claimed loss of earnings while in prison and … Continue reading Worrall v British Railways Board: CA 29 Apr 1999

Balamoody v United Kingdom Central Council; Balamoody v Manchester City Magistrates’ Court: Admn 10 Jun 1998

The applicant had been convicted of offences relating to the management of his nursing home, and had been struck off the Register of Nurses. Held: It was no defence to the criminal charges that a member of staff had failed in her duties. The defence available to offences of showing that he had taken all … Continue reading Balamoody v United Kingdom Central Council; Balamoody v Manchester City Magistrates’ Court: Admn 10 Jun 1998

The Law Society v Alec Leslie Wheeler and John Michael Stephens: Admn 21 Jul 2005

The solicitors had obtained pemission from the Society to employ a struck off solicitor. The Society came to allege that the actual employment differed and was not covered by the consent, The Society appealed a finding that the solicitors were not guilty of unbefitting conduct in their supervision of the struck off solicitor. Held: Nothing … Continue reading The Law Society v Alec Leslie Wheeler and John Michael Stephens: Admn 21 Jul 2005

Capper v Chaney and Another: ChD 8 Jul 2010

Police had seized substantial sums of cash from the first defendant acting under the 2004 Act. The claimant said that andpound;250,00 was his and sought its return. The Commissioner argued that the current proceedings were an abuse of process. Held: Forfeiture proceedings were now under way, and any release must await the result. The question … Continue reading Capper v Chaney and Another: ChD 8 Jul 2010

Hughes and others (By Their Litigation Friend) v Richards (Trading As Colin Richards and Co ): CA 9 Mar 2004

Parents and their children claimed against a tax adviser for negligence in relation to setting up an offshore trust. The defendant applied to strike out the children’s claim on the basis that the defendant owed them no duty of care and only the parents could recover. The success of the claim was dependant upon the … Continue reading Hughes and others (By Their Litigation Friend) v Richards (Trading As Colin Richards and Co ): CA 9 Mar 2004

Morris v Wiltshire and Woodspring District Council (No 2): SCCO 30 Nov 2001

Following the decision of Mr Justice Jacob in Morris v Wiltshire and Woodspring District Council (No.1) (Review Case No.3 of 1998) that it was permissible for a litigant in person to have leave to withdraw a bill and to amend it, the claimant, as he has now become, did that in this case. The matter … Continue reading Morris v Wiltshire and Woodspring District Council (No 2): SCCO 30 Nov 2001

Websons Ltd v Revenue and Customs: FTTTx 16 Apr 2013

FTTTx VAT – claim for repayment of overpaid output tax – what constitutes a claim for the purposes of section 80 VAT Act 1994 – date of claim – whether claim completed or remained outstanding – whether claim withdrawn or abandoned – appeal struck out. Citations: [2013] UKFTT 229 (TC) Links: Bailii VAT Updated: 05 … Continue reading Websons Ltd v Revenue and Customs: FTTTx 16 Apr 2013

Biktasheva v University of Liverpool (Equal Pay): EAT 3 Nov 2020

The Claimant brought a ‘like work’ claim in 2015. The 2015 claim was withdrawn without the Claimant, who was legally advised at the time, stating that she wished to reserve the right to bring a further claim that was the same, or substantially the same, in the future. In 2018 the Claimant brought a further … Continue reading Biktasheva v University of Liverpool (Equal Pay): EAT 3 Nov 2020

PF International Ltd v The Financial Conduct Authority (Financial Services): UTTC 8 Jan 2020

FINANCIAL SERVICES – strike out application – reference of Supervisory Notice removing regulated activity of exercising lender’s rights and duties under regulated credit agreements – firm’s Part 4A permission subsequently cancelled for failure to file regulatory returns – whether reference should be struck out on the basis that it has no reasonable prospect of succeeding … Continue reading PF International Ltd v The Financial Conduct Authority (Financial Services): UTTC 8 Jan 2020

Michalak v General Medical Council and Others: SC 1 Nov 2017

Dr M had successfully challenged her dismissal and recovered damages for unfair dismissal and race discrimination. In the interim, Her employer HA had reported the dismissal to the respondent who continued their proceedings despite the decision in her favour. The GMC now said that the availability of judicial review excluded her right to commence proceedings … Continue reading Michalak v General Medical Council and Others: SC 1 Nov 2017