Royal Marsden NHS Foundation Trust (Health): ICO 15 Jan 2021

The complainant has requested from The Royal Marsden NHS Foundation Trust (the Trust) the margin achieved in relation to income from private patients from 2015 to 2019. The Trust provided some information but refused to provide the information concerning profit margins, citing section 43(2) FOIA – commercial interests. The Commissioner’s decision is that section 43(2) is not engaged. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Provide the information to the complainant that was withheld under section 43(2).
FOI 43: Complaint upheld

Citations:

[2021] UKICO IC-44907

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 11 August 2022; Ref: scu.658012

NHS England (Health): ICO 20 Jan 2021

The complainant has requested information relating to the abandonment of the procurement of services. NHS England has failed to provide a response to the request in accordance with the FOIA. The Commissioner’s decision is that NHS England has failed to respond to the complainant’s request of 28 July 2020 within 20 working days of receipt and has therefore breached section 10(1) of the FOIA. NHS England must provide the complainant with a response to the request in accordance with its obligations under the FOIA.
FOI 10: Complaint upheld

Citations:

[2021] UKICO IC-77384

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 11 August 2022; Ref: scu.658004

Three Rivers District Council (Local Government): ICO 12 Jan 2021

The complainant requested information from Three Rivers District Council about parking permits. Three Rivers District Council has failed to respond to this request. The Commissioner requires Three Rivers District Council to provide the complainant with a response to this request in accordance with its obligations under FOIA. Three Rivers District Council must take these steps within 35 calendar days of the date of this decision notice.
FOI 10: Complaint upheld

Citations:

[2021] UKICO IC-75478

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 11 August 2022; Ref: scu.658020

Cliff v Revenue and Customs (Income Tax/Corporation Tax : Losses): FTTTx 4 Sep 2019

INCOME TAX – whether the Appellant was trading commercially with a view to profit – no – whether the Appellant was entitled to trade loss relief – no – whether the Appellant acted deliberately – yes – assessments confirmed – penalties confirmed – appeal dismissed

Citations:

[2019] UKFTT 564 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 11 August 2022; Ref: scu.641362

Qureshi (Liquidator of Edgware Constitutional Club Ltd) v Association of Conservative Clubs Ltd: ChD 9 May 2019

The question in issue in this application is whether the current members of an incorporated club can decide to sell off the club’s assets, wind up the club’s operations and distribute the club’s hefty surplus amongst themselves.

Judges:

Sarah Worthington QC

Citations:

[2019] EWHC 1165 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Company

Updated: 11 August 2022; Ref: scu.640874

Flanaghan v University Hospitals Plymouth NHS Trust: QBD 26 Jul 2019

Clinical negligence claim arising out of the treatment afforded to the Claimant at the Hospital, when the Claimant was first seen in May 2008 and then in October 2012 when she underwent spinal surgery at the Hospital following an admission consequent on her having tripped over a hole in the street, fallen and hit her head. Following that surgery, the Claimant is now tetraplegic.

Judges:

HHJ McKenna

Citations:

[2019] EWHC 1898 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Professional Negligence

Updated: 11 August 2022; Ref: scu.641718

Lloyd v Google Llc: CA 2 Oct 2019

Claimants, on behalf of millions of Apple users, challenged the collection by the defendant of details of their internet activity. The claimant did not have instructions from other users, and Google objected that there was no evidence of distress in any claimant.
Held: The appeal succeeded. The judge ought to have held: (a) that a claimant can recover damages for loss of control of their data under section 13 of DPA, without proving pecuniary loss or distress, and (b) that the members of the class that Mr Lloyd seeks to represent did have the same interest under CPR Part 19.6(1) and were identifiable.

Judges:

Dame Victoria Sharp P QBD, Sir Geoffrey Vos Chancellor, David LJ

Citations:

[2019] EWCA Civ 1599

Links:

Bailii, Bailii Summary

Jurisdiction:

England and Wales

Information, Litigation Practice, Damages

Updated: 11 August 2022; Ref: scu.641797

Bureau Wijsmuller NV v Owners of the Tojo Maru (No 2): HL 1971

Salvors were held not to be entitled to limit in respect of the negligent action of their diver since, by definition, neither the diver nor the damaged vessel were on board the salvor’s tug and, further, the diver was not acting in the management of the tug.
Lord Morris said: ‘In some cases salvage work may be commenced without the knowledge of owners. If in any of these cases there is a claim for salvage the claim will be adjudicated upon by reference to that part of the common law of England which has been evolved in and is administered as English maritime law in the English Court of Admiralty.’

Judges:

Lord Diplock, Lord Morris

Citations:

[1971] 1 Lloyds Rep 341, [1971] 2 WLR 970, [1972] AC 242, [1971] 1 All ER 1110

Jurisdiction:

England and Wales

Cited by:

Overruled by StatuteGard Marine and Energy Ltd and Another v China National Chartering Company Ltd and Another SC 10-May-2017
The dispute followed the grounding of a tanker the Ocean Victory. The ship was working outside of a safe port requirement in the charterparty agreement. The contract required the purchase of insurance against maritime war and protection and . .
Lists of cited by and citing cases may be incomplete.

Transport

Updated: 11 August 2022; Ref: scu.641396

Gye v McIntyre: 1 Mar 1991

High Court of Australia – Bankruptcy – Proof of debts – Set-off – Mutual dealings – Composition with creditors – Person claiming to prove debt

Judges:

Mason CJ, Brennan, Deane, Dawson, Toohey, Gaudron and McHugh JJ

Citations:

[1991] HCA 60, (1991) 171 CLR 609

Links:

Austlii

Jurisdiction:

Australia

Cited by:

CitedLB Holdings Intermediate 2 Ltd, The Joint Administrators of v Lehman Brothers International (Europe), The Joint Administrators of and Others SC 17-May-2017
In the course of the insolvent administration of the bank, substantial additional sums were received. Parties appealed against some orders made on the application to court for directions as to what was to be done with the surplus.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Insolvency

Updated: 11 August 2022; Ref: scu.641434

Bannerman Town, Millars and John Millars Eleuthera Association v Eleuthera Properties Ltd: PC 15 Oct 2018

(Bahamas) Latest of a number of appeals to the Board raising questions of title to land in the Bahamas, arising under the Quieting Titles Act 1959. This statutory jurisdiction to resolve, after judicial enquiry, uncertainties as to title to unregistered land by the issue of certificates of title is of particular utility in the Bahamas

Citations:

[2018] UKPC 27

Links:

Bailii

Jurisdiction:

Commonwealth

Land

Updated: 11 August 2022; Ref: scu.631400

Suppo v Jhundoo: PC 15 Oct 2018

(Mauritius) Issues about the admissibility and validity of a document described as a ‘ contre lettre ‘ for the purpose of affecting (to use a neutral word) the terms of a notarised registered deed of purchase of real property. An unusual feature about the facts of this case, which led to the disagreement between the first instance judge and the Court of Appeal about the outcome, is that the deed and the supposed contre lettre are separated in time by 14 years.

Citations:

[2018] UKPC 29

Links:

Bailii

Jurisdiction:

Commonwealth

Land

Updated: 11 August 2022; Ref: scu.631403

Wheatley and Another v Drillsafe Ltd and Others: CA 5 Jul 2000

Appeal against declaration of patent invalidity.

Judges:

Aldous, Sedley, Mance LJJ

Citations:

[2001] RPC 7, [2000] EWCA Civ 209

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal fromWheatley, Bortec Limited v Drillsafe Limited, Force Group Services Plc, Force Group Services Plc, Foster, Carter, Davies PatC 23-Feb-1999
. .

Cited by:

CitedEli 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 . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 11 August 2022; Ref: scu.631393

Actavis UK Ltd and Others v Eli Lilly and Company: CA 30 Jun 2015

Consideration of
i) The form of order for costs of the trial and the appeal;
ii) What should happen to the interim payment made by Lilly in the court below, and whether there should be an interim payment of any costs awarded under (i);
iii) Whether the order should recite the terms of a letter from Actavis’s solicitors dated 17 April 2013;
iv) Whether there should be permission to appeal to the Supreme Court.

Judges:

Longmore, Kitchin, Floyd LJJ

Citations:

[2015] EWCA Civ 666

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Main AppealActavis UK Ltd and Others v Eli Lilly and Company CA 25-Jun-2015
Lilly appealed against a finding that an Actavis drug had not infringed its patents to the limited extent of holding that there would be indirect infringement in four jurisdictions, but they agreed with the Judge that there would be no direct . .

Cited by:

LeaveEli 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 . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Costs

Updated: 11 August 2022; Ref: scu.631392

Evergreen Marine (UK) Ltd v Nautical Challenge Ltd: CA 5 Oct 2018

Liability after collision

Citations:

[2018] EWCA Civ 2173

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from AdCtNautical Challenge Ltd v Evergreen Marine (UK) Ltd AdCt 13-Mar-2017
. .

Cited by:

Appeal fromEvergreen Marine (UK) Ltd v Nautical Challenge Ltd SC 19-Feb-2021
. .
Lists of cited by and citing cases may be incomplete.

Transport

Updated: 11 August 2022; Ref: scu.625412

First Tower Trustees Ltd and Another v CDS (Superstores International) Ltd: CA 19 Jun 2018

Grant of lease, but property badly contaminated with asbestos.
The Court recognised a principle of ‘contractual estoppel’ – whereby parties can bind themselves by contract to accept a particular state of affairs even if they know that state of affairs to be untrue

Citations:

[2018] EWCA Civ 1396, [2019] 1 P and CR 6, [2019] 1 WLR 637, [2018] WLR(D) 376, 178 Con LR 35

Links:

Bailii, WLRD, WLRD

Jurisdiction:

England and Wales

Cited by:

CitedUber Bv and Others v Aslam and Others SC 19-Feb-2021
Smartphone App Contractors did so as Workers
The court was asked whether the employment tribunal was entitled to find that drivers whose work was arranged through Uber’s smartphone application work for Uber under workers’ contracts and so qualify for the national minimum wage, paid annual . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Torts – Other

Updated: 11 August 2022; Ref: scu.618376

Nautical Challenge Ltd v Evergreen Marine (UK) Ltd: AdCt 13 Mar 2017

Judges:

Teare J

Citations:

[2017] EWHC 453 (Admlty), [2018] 1 All ER (Comm) 775, [2017] 1 Lloyd’s Rep 666, [2017] 1 CLC 217

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from AdCtEvergreen Marine (UK) Ltd v Nautical Challenge Ltd CA 5-Oct-2018
Liability after collision . .
At AdCtEvergreen Marine (UK) Ltd v Nautical Challenge Ltd SC 19-Feb-2021
. .
Lists of cited by and citing cases may be incomplete.

Transport

Updated: 11 August 2022; Ref: scu.579942

ACCG and Another v MN: CA 25 Jun 2014

Two renewed applications for permission to appeal from a judgment of the CoP regarding provision of support for home visits for a young adult with severe health difficulties and the scope of the power of the CoP to make provisions.

Judges:

Floyd LJ

Citations:

[2014] EWCA Civ 1176

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

At CoPACCG and Another v MN and Others CoP 20-Nov-2013
Application for order under the 2005 Act restricting contact between the young adult child with disabilities and his family. Eleanor King J described his condition saying he had: ‘severe learning and physical disabilities together with autism and an . .

Cited by:

LeaveRe MN (Adult) CA 7-May-2015
The parties disputed the care of MN, a young adult without capacity.
Held: Munby P gave four reasons why the Court of Protection should not embark on the kind of process for which the parents contended: first, it is not its proper function to . .
Leave to Appeal CAN v ACCG and Others SC 22-Mar-2017
The local authority and a young man’s parents disputed his continued care, he having substantial incapacities. The parents wanted assistance caring for him on visits home. The LA declined to fund that support. The LA now argued that the CoP had not . .
Lists of cited by and citing cases may be incomplete.

Health, Litigation Practice

Updated: 11 August 2022; Ref: scu.547016

Arcelor Atlantique and Lorraine and Others: ECJ 16 Dec 2008

ECJ (Environment and Consumers) Environment Integrated pollution prevention and control Greenhouse gas emission allowance trading scheme Directive 2003/87/EC Scope Installations in the steel sector included Installations in the chemical and non-ferrous metal sectors excluded Principle of equal treatment

Citations:

[2008] EUECJ C-127/07 – O

Links:

Bailii

Jurisdiction:

European

Citing:

OpinionArcelor Atlantique and Lorraine and Others ECJ 21-May-2008
ECJ (Environment and Consumers) Integrated prevention and control of pollution trading system of gas emission quotas for greenhouse – Different treatment of the steel sector facilities and aluminum and plastic . .
Lists of cited by and citing cases may be incomplete.

Environment

Updated: 11 August 2022; Ref: scu.563290

Eli Lilly And Company Ltd v Human Genome Sciences Inc: ECJ 12 Dec 2013

ECJ Medicinal products for human use – Supplementary protection certificate – Regulation (EC) No 469/2009 – Article 3 – Conditions for obtaining such a certificate – Concept of a ‘product protected by a basic patent in force’ – Criteria – Wording of the claims of the basic patent – Precision and specificity – Functional definition of an active ingredient – Structural definition of an active ingredient – European Patent Convention

Citations:

C-493/12, [2013] EUECJ C-493/12

Links:

Bailii

Statutes:

Regulation (EC) No 469/2009 3

Jurisdiction:

European

Licensing

Updated: 11 August 2022; Ref: scu.518962

Newcastle City Council (Decision Notice): ICO 14 Aug 2012

The complainant requested information relating to a planning matter. The council provided some information and said that it did not hold other information. The complainant disputed that this was the case. The Commissioner’s decision is that on the balance of probabilities, the council did not hold any further information. The Commissioner does not require any steps to be taken.
Section of Act/EIR and Finding: EIR 5 – Complaint Not upheld

Citations:

[2012] UKICO FER0434454

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 11 August 2022; Ref: scu.529756

Kirby Muxloe Parish Council (Decision Notice): ICO 4 Sep 2012

The complainant has requested information relating to gas safety certificates and details of costs associated with the cemetery and memorial area of a specific road. The council asked the complainant to pay a fee of pounds 25 for provision of the information. During the course of the Commissioner’s investigation the council provided the information to the complainant electronically. The Commissioner’s decision is that the council failed to issue a valid fees notice and failed to confirm or deny whether the requested information was held. The Commissioner does not require the public authority to take any steps.
Section of Act/EIR and Finding: FOI 1 – Complaint Upheld, FOI 9 – Complaint Upheld

Citations:

[2012] UKICO FS50433035

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 11 August 2022; Ref: scu.529841

Devon and Cornwall Constabulary (Decision Notice): ICO 18 Sep 2012

The complainant has requested information that relates to complaints he has made. The public authority has stated that the request is vexatious under section 14(1) of the FOIA. The Information Commissioner finds the request to be vexatious and, furthermore, he considers that any information would be the complainant’s ‘personal data’. This is because any information held would all relate to complaints he has made and it is therefore also exempt by virtue of the exemption at section 40(1). The exemption provided by section 40(5)(b)(i) should therefore have been applied which means that the public authority was not required to confirm or deny whether it holds any information under the Act. The Information Commissioner does not require the public authority to take any steps. Information Tribunal appeal EA/2012/0214 struck out.
Section of Act/EIR and Finding: FOI 14 – Complaint Not upheld, FOI 40 – Complaint Not upheld

Citations:

[2012] UKICO FS50442276

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 11 August 2022; Ref: scu.529818

Foreign and Commonwealth Office (Decision Notice): ICO 21 Nov 2013

The complainant has requested emails between an FCO official and a named company. FCO provided some information but withheld other information relying on the section 27(1), 40(2), 41(1), 42(1), and 43(2) FOIA exemptions. A further small amount of information was disclosed during the Commissioner’s investigation and FCO also withdrew from its reliance on section 43 FOIA. The Commissioner’s decision is that FCO has applied the section 27(1), 40(2), 41(1) FOIA exemptions correctly to the withheld information. The Commissioner does not require FCO to take any further action to comply with the legislation.
Section of Act/EIR and Finding: FOI 27 – Complaint Not upheld, FOI 40 – Complaint Not upheld, FOI 41 – Complaint Not upheld

Citations:

[2013] UKICO FS50500588

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 11 August 2022; Ref: scu.528876

Benjamin and Another, Regina (on The Application of) v Secretary of State for The Home Department: Admn 15 May 2014

The Claimants seek judicial review of the Defendant’s refusal to grant an EEA family permit and entry clearance to enable the Second Claimant to enter and reside in the United Kingdom (‘UK’) with her husband, the First Claimant, and their three children.

Judges:

Lang DBE J

Citations:

[2014] EWHC 1396 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 11 August 2022; Ref: scu.525485

Actavis UK Ltd v Eli Lilly and Company: PatC 27 Nov 2013

(pemetrexed) Application by the Defendant for a stay of two claims referred to as the Fourth and Fifth Actions on the ground of alleged abuse of process.

Judges:

Arnold J

Citations:

[2013] EWHC 3749 (Pat)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See AlsoActavis Group Hf v Eli Lilly and Company CA 21-May-2013
pemetrexed . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 11 August 2022; Ref: scu.518577

Actavis Group Hf v Eli Lilly and Company: CA 21 May 2013

pemetrexed

Citations:

[2013] EWCA Civ 517, [2013] RPC 37

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal fromActavis Group Hf v Eli Lilly and Company PatC 27-Nov-2012
Pemetrexed . .

Cited by:

See AlsoActavis UK Ltd v Eli Lilly and Company PatC 27-Nov-2013
(pemetrexed) Application by the Defendant for a stay of two claims referred to as the Fourth and Fifth Actions on the ground of alleged abuse of process. . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 11 August 2022; Ref: scu.510007

Sport England (Decision Notice): ICO 29 May 2012

ICO The complainant requested detailed information about 1,269 amateur basketball clubs which had been awarded grants by Sport England. Sport England calculated that the request could not be complied with without exceeding the appropriate costs limit, and that the exemption at section 12 applied. The Information Commissioner’s decision is that Sport England was entitled to rely on section 12(2) of the FOIA, as to determine whether or not the information was held would exceed the appropriate limit. However, he also found that Sport England breached section 16 by failing to offer the complainant reasonable assistance with reducing the scope of his request. Information Tribunal appeal EA/2012/0139 struck out.
Section of Act/EIR and Finding: FOI 12 – Complaint Not upheld, FOI 16 – Complaint Upheld

Citations:

[2012] UKICO FS50435086

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 11 August 2022; Ref: scu.529531

Shotteswell Parish Council (Decision Notice): ICO 28 May 2012

ICO The complainant requested minutes of any meetings where the parish council had discussed the removal of signs which had been erected on a footpath by the county council. The Commissioner’s decision is that Shotteswell Parish Council did not respond to the complainant under the correct legislation. The information is environmental information and the council should have responded to the request under the Environmental Information Regulations 2004. He has also decided that the council breached the Act in that it did not respond to the complainant within 20 working days as required by regulation 5(2). As the information has now been disclosed to the Commissioner he has not ordered any steps within this decision notice.
Section of Act/EIR and Finding: EIR 5 – Complaint Upheld

Citations:

[2012] UKICO FS50436024

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 11 August 2022; Ref: scu.529528

Fenoll v Centre d’aide par le travail La Jouvene: ECJ 12 Jun 2014

ECJ Advocate General’s Opinion – Social policy – Concept of worker – Directive 2003/88/EC -No admitted to a help center by work – Handicapped person – Right to paid annual leave – Charter of Fundamental Rights – temporal application – Direct effect of a Directive – horizontal Dispute

Judges:

Mengozzi AG

Citations:

C-316/13, [2014] EUECJ C-316/13 – O

Links:

Bailii

Statutes:

Directive 2003/88/EC

Jurisdiction:

European

Cited by:

OpinionFenoll v Centre d’aide par le travail La Jouvene ECJ 26-Mar-2015
ECJ Preliminary ruling – Social policy – Charter of Fundamental Rights of the European Union – Article 31, paragraph 2 – Directive 2003/88/EC – Article 7 – Concept of ‘worker’ – Disabled person – Right to paid . .
CitedUber Bv and Others v Aslam and Others SC 19-Feb-2021
Smartphone App Contractors did so as Workers
The court was asked whether the employment tribunal was entitled to find that drivers whose work was arranged through Uber’s smartphone application work for Uber under workers’ contracts and so qualify for the national minimum wage, paid annual . .
Lists of cited by and citing cases may be incomplete.

Employment, Human Rights

Updated: 11 August 2022; Ref: scu.526679

Southwark Council (Decision Notice): ICO 21 May 2012

ICO The complainant requested information on schools attendance at a specific leisure centre. The Information Commissioner’s decision is that Southwark Council did not hold the information requested. However, the Commissioner finds the Council in breach of section 10(1) in failing to notify the complainant within twenty working days of the request that it did not hold the information.
Information Tribunal appeal EA/2012/0125 allowed.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld

Citations:

[2012] UKICO FS50428799

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 11 August 2022; Ref: scu.529529

Stringfellow Restaurants Ltd v Quashie: CA 21 Dec 2012

The company appealed against a decision that the claimant, a lap dancer at their premises, had been an employee. She performed for the entertainment of guests at the respondents’ clubs. She paid the respondent a fee for each night worked. Doing so enabled her to earn substantial payments from the guests for whom she danced. She negotiated those payments with the guests. The respondent ended its working relationship with her and she complained of unfair dismissal. At a preliminary hearing, an ET held that there was no contract of employment. The EAT disagreed.
Held: On these facts the employment tribunal had been entitled to find that the claimant was not employed under a contract of employment (either for each engagement or on a continuous basis).
Elias LJ said, after discussing the Cheng Yuen case: ‘The club did not employ the dancer to dance; rather she paid them to be provided with an opportunity to earn money by dancing for the clients. The fact that the appellant also derived profits from selling food and drink to the clients does not alter that fact. That is not to say that Cheng provides a complete analogy; I accept Mr Hendy’s submission that the relationship of the claimant to the club is more integrated than [that of] the caddie with the golf club. It is not simply a licence to work on the premises. But in its essence the tripartite relationship is similar.
The fact that the dancer took the economic risk is also a very powerful pointer against the contract being a contract of employment. Indeed, it is the basis of the economic reality test, described above. It is not necessary to go so far as to accept the submission of Mr Linden that absent an obligation on the employer to pay a wage … the relationship can never as a matter of law constitute a contract of employment. But it would, I think, be an unusual case where a contract of service is found to exist when the worker takes the economic risk and is paid exclusively by third parties. On any view, the Tribunal was entitled to find that the lack of any obligation to pay did preclude the establishment of such a contract here.’

Judges:

Ward, Elias, Pitchford LJJ

Citations:

[2012] EWCA Civ 1735, [2013] IRLR 99

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal fromQuashie v Stringfellows Restaurants Ltd EAT 26-Apr-2012
EAT JURISDICTIONAL POINTS
Worker, Employee
Illegality
The Employment Judge erred in her conclusion that the Claimant was not an employee on each night she performed work and in the intervening . .
See AlsoQuashie v Stringfellow Restaurants Ltd EAT 5-Jul-2011
EAT Unfair Dismissal . .
CitedYuen v The Royal Hong Kong Golf Club PC 28-Jul-1997
(Hong Kong) The applicant was dismissed as a golf caddie after nine years. The Club denied that he had ever been an employee. He was issued by the club with a number, a uniform and a locker. Caddying work was allocated to available caddies in strict . .

Cited by:

CitedUber Bv and Others v Aslam and Others CA 19-Dec-2018
Uber drivers are workers
The claimant Uber drivers sought the status of workers, allowing them to claim the associated statutory employment benefits. The company now appealed from a finding that they were workers.
Held: The appeal failed (Underhill LJ dissenting) The . .
DistinguishedUber Bv and Others v Aslam and Others SC 19-Feb-2021
Smartphone App Contractors did so as Workers
The court was asked whether the employment tribunal was entitled to find that drivers whose work was arranged through Uber’s smartphone application work for Uber under workers’ contracts and so qualify for the national minimum wage, paid annual . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 11 August 2022; Ref: scu.467632

Sheffield Teaching Hospitals NHS Foundation Trust (Decision Notice): ICO 21 May 2012

ICO The complainant requested information concerned with medical treatment that her late father received from the public authority. The Commissioner’s decision is that Sheffield Teaching Hospitals NHS Foundation Trust correctly relied on section 14(1) as a basis for not complying with the complainant’s request for information. Information Tribunal appeal number EA/2012/0124 dismissed.
Section of Act/EIR and Finding: FOI 14 – Complaint Not upheld

Citations:

[2012] UKICO FS50421679

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 11 August 2022; Ref: scu.529527