swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Northern Ireland - From: 1996 To: 1996
This page lists 69 cases, and was prepared on 02 April 2018.
Hassard v Mc Grath and Others [1996] NILR 586
1996
CANI
Northern Ireland, Employment
Before the alleged transfer, the undertaking of general building work operations, was carried on by the Northern Ireland Housing Executive through its Direct Labour Organisation then divided into four districts. The employee worked in two units then contracted out to two separate building contractors. In unfair dismissal proceedings it was asked whether there had been a transfer of an identifiable part of an undertaking by the executive to one of the contractors. It was common ground that there were two elements to consider: whether there has been an identifiable undertaking and whether on the facts a transfer had taken place. The court emphasised the need to consider the "undertaking" issue separately from the "transfer" issue. There must have been an economic entity capable of being transferred as a going concern, but that the part of the undertaking transferred did not have to have been regarded by either the transferor or the transferee as a separate or distinct part of it, or to have been separately operated by them. "It would not be correct to look at the issue exclusively from the standpoint of either the transferor or the transferee. It is relevant to consider in the first instance whether the transferor regarded the activity in question as a distinct part of his undertaking, for an affirmative answer to that may well settle the matter. It is not, however, conclusive that he did not so regard it or treat it as a separate part of his organisation, if it was in effect an economic entity capable of being transferred as a going concern"
Council Directive 77/187/EEC
1 Citers
National and Provincial v William and Humphrey [1996] NI 47
1996
Girvan J
Northern Ireland, Banking
Girvan J said: "If a mortgagor declines to put any material before the court which could lay a basis for the court exercising its powers under s36 the mortgagee would be entitled to his remedy based on his clear contractual rights under the mortgage. It is for a mortgagor to adduce some justification or basis to enable the court to exercise its discretionary power under s36 in his favour. A mortgagor who is in default under his mortgage has no right to demand that the court exercises its discretion in his favour to grant what is in effect a form of relief against the consequences of a breach of contract . . A mortgagor seeking to persuade the court to exercise its powers under s36 should be expected to put before the court his best realistic proposals to avoid the consequences of his breach of the contractual terms of the mortgage . ."
Administration of Justice Act 1973 36
1 Citers
(Un-named) [1995] NISSCSC A27/95(IS)
2 Jan 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1995] NISSCSC A33/95(DLA)
3 Jan 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1995] NISSCSC CSC6/95
14 Jan 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1995] NISSCSC C8/95(IS)
6 Feb 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1995] NISSCSC C32/95(DLA)
12 Feb 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC C1/96(AA)
4 Mar 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1995] NISSCSC C46/95(DLA)
8 Mar 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC C1/96(REA)
8 Mar 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC C1/96(IVB)
21 Mar 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1995] NISSCSC C35/95(DLA)
22 Apr 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC C20/96(DLA)
1 May 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
Anderson v Hyde and Others Times, 02 May 1996; [1996] 2 BCLC 144
2 May 1996
CANI
Insolvency, Northern Ireland, Costs
The defendant company was wound up after the receiver had been appointed and the liquidator declined to take over the defence to the action. The judge had refused an application for a third party costs order against the receivers. Held: Had the defence been taken over by the liquidator the costs of the claimant would have ranked in priority to the claims of ordinary unsecured creditors, and it would not be just and equitable for a receiver to be able to defend the action without any liability for costs whatever the outcome. A receiver of a company taking over the defence of a case is liable in costs as a party, but is entitled to an indemnity.
1 Citers
(Un-named) [1996] NISSCSC C19/96(DLA)
2 May 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC A17/96(DLA)
3 May 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) C6/96(IS) [1996] NISSCSC C6/96(IS)
10 May 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) C17 - 96(DLA) [1996] NISSCSC C17/96(DLA)
10 May 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named)C18/96(DLA) [1996] NISSCSC C18/96(DLA)
10 May 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC A13/96(DLA)
17 May 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC C25/96(DLA)
20 May 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC C26/96(DLA)
20 May 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1995] NISSCSC C44/95(DLA)
23 May 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC C7/96(IS)
23 May 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC A13/96(IS)
23 May 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC C40/95(DLA)
23 May 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC A144/96(DLA)
28 May 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1995] NISSCSC A4/95(AA)
3 Jun 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC C32/96(DLA)
7 Jun 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC C29/96(DLA)
13 Jun 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC C30/96(DLA)
18 Jun 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC C28/96(DLA)
18 Jun 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC C1/96(SuppBen)
20 Jun 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) (Industrial Disablement Benefit) [1996] NISSCSC A3/96(II)
21 Jun 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC A64/96(DLA)
24 Jun 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC A9/96(IVB)
25 Jun 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC C31/96(DLA)
8 Jul 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
Jones, Re Application for Judicial Review [1996] NIQB 1
10 Jul 1996
QBNI
Northern Ireland
[ Bailii ]
(Un-named) [1996] NISSCSC C49/96(DLA)
11 Jul 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC C16/96(DLA)
11 Jul 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1995] NISSCSC C18/95(IS)
2 Aug 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC C52/96(DLA)
2 Aug 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC C2/96(IB)
5 Aug 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC C12/96(IS)
5 Aug 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC C2/96(IVB)
5 Aug 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC C51/96(DLA)
5 Aug 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC C53/96(DLA)
5 Aug 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC C54/96(DLA)
5 Aug 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC C11/96(IS)
5 Aug 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC C1/96(SDA)
5 Aug 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1995] NISSCSC A97/95(DLA)
6 Aug 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1995] NISSCSC C22/95(DLA)
14 Aug 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC C22/96(DLA)
16 Aug 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
Bradley, Re Application for Judicial Review [1996] NIQB 2
29 Aug 1996
QBNI
Northern Ireland
[ Bailii ]
(Un-named) [1996] NISSCSC C24/96(DLA)
12 Sep 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC C27/96(DLA)
12 Sep 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC A5/96(II)
25 Sep 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1995] NISSCSC C13/95(IS)
2 Oct 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC C4/96(IB)
25 Oct 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC C67/96(DLA)
25 Oct 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC C35/96(DLA)
25 Oct 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC C69/96(DLA)
7 Nov 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC C23/96(DLA)
19 Nov 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC C65/96(DLA)
20 Nov 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC C33/96(DLA)
4 Dec 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC A1/96(REA)
4 Dec 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC CSC1/96
12 Dec 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1996] NISSCSC A97/96(DLA)
12 Dec 1996
NISSCS
Northern Ireland, Benefits
[ Bailii ]
Derman v Queen's University of Belfast Times, 16 December 1996
16 Dec 1996
CANI
Education, Northern Ireland
The 1988 rules did not affect the procedures for dismissal of a probationary lecturer.