The claimant ship owners challenged an award on two grounds. First, with permission, the owners appealed under section 69 of the Arbitration Act 1996 on the following question of law: ‘Whether, as a matter of law, owners were entitled to refuse early re-delivery of the Aquafaith (the vessel) at Jintang on 9 August 2011 and … Continue reading Isabella Shipowner Sa v Shagang Shipping Co Ltd: ComC 26 Apr 2012
The court was asked as to whether the on-line marketplace site defendant was liable for trade mark infringements by those advertising goods on the web-site. Held: The ECJ had not yet clarified the law on accessory liability in trade mark infringement, and the legislation remained unclear. Many of the direct sellers were held to be … Continue reading L’Oreal Sa and Others v Ebay International Ag and Others: ChD 22 May 2009
An offender had absconded with a child and was to be prosecuted for sex offences against her. The police circulated all the journalists who had had contact to say that an identification of the defendant would also identify the girl. The defendant here, the editor of a magazine was not so informed. She published the … Continue reading O’Riordan v Director of Public Prosecutions: Admn 19 May 2005
Prosecutor’s appeal by case stated against dismissal of charge of taking vehicle without the owner’s consent. Officer’s fleeting sight of defendant who was known to him driving. Citations: [2006] EWHC 1523 (Admin) Links: Bailii Statutes: Theft Act 1968 12(1) Jurisdiction: England and Wales Citing: Cited – Bracegirdle v Oxley and Cobley 1947 The facts proved … Continue reading Director of Public Prosecutions v Uddin: Admn 8 Jun 2006
The MIB appealed from a judgment making it liable for an award of damages to the estate of the deceased who had been a passenger in a vehicle which he knew to be being driven without insurance. The estate had not sued the MIB directly, but first obtained a judgement against the driver and then … Continue reading Phillips v Rafiq and Motor Insurers Bureau (MIB): CA 13 Feb 2007
The defendant appealed his conviction for obtaining property by deception where part of the offence had taken place abroad. Held: Smith should be overturned. The last act or terminatory theory remains the binding common law of England and Wales. The correct rule was that before an English court could try an offence it was necessary, … Continue reading Regina v Manning: CACD 24 Jun 1998
The applicants complained that as an unmarried couple they had been excluded from consideration as adopters. Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater commitment to traditional family structures did not however justify the difference. The rules were unlawful discrimination.Lord Hoffmann … Continue reading In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008
The court considered the approval required for an order under the 2002 Act. Held: Welfare considerations were important but not paramount: ‘Given the permanent nature of the order under s.30, it seems reasonable that the court should adopt the ‘lifelong’ perspective of welfare in the Adoption and Children Act 2002 rather than the ‘minority’ perspective … Continue reading In re X and Y (Foreign Surrogacy): FD 9 Dec 2008
The Court considered whether, on exercising a break clause in a lease, the tenant was entitled to recover rent paid in advance. Held: The appeal failed. The Court of Appeal had imposed what was established law. The test for whether a clause might be implied in a contract is: ‘that it is necessary for business … Continue reading Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another: SC 2 Dec 2015
The first applicant had been chairman of a jury and had expressed his concerns about their behaviour to the second applicant who published them. They were prosecuted under the 1981 Act. They had said that no details of the deliberations had been revealed and that the articles had been general in nature. The main concern … Continue reading Seckerson and Times Newspapers Ltd v The United Kingdom: ECHR 24 Jan 2012
The defendant had been a co-accused on a charge of murder. He appealed saying the judge had incorrectly directed the jury on the relevance of his co-accused’s previous convictions for violence. Held: The appeal was allowed. He should have been allowed in his own defence to bring in evidence of the co-accused’s previous violent record … Continue reading Regina v Randall (EP): CACD 21 Feb 2003
EAT RACE DISCRIMINATION Inferring discrimination Comparison Appeal by the Hospital Trust on grounds that (a) there was a failure to construct a true hypothetical comparator (b) there was a failure to properly consider whether the treatment of the Claimant was on racial grounds under s.1(1)(a) of the Race Relations Act 1976 and (c) there were … Continue reading Central Manchester University Hospitals Nhs Foundation Trust v Browne: EAT 10 Feb 2012
EAT Jurisdictional Points : 2002 Act and Pre-Action Requirements – Claims under the Race Relations Act 1976 – Judge wrong to hold that employee had failed to lodge a relevant grievance for the purpose of section 32 of the Employment Act 2002 (dicta of Elias P in Martin v Class Security Installations Ltd that the … Continue reading Odukwe v The Partners of Hoare Lea Consulting Engineers: EAT 27 Jan 2012
EAT PRACTICE AND PROCEDURE – Striking-out/dismissalRACE DISCRIMINATIONHARASSMENTConsideration of ss.12(1A) and 27A Race Relations Act 1976. Employment Judge correct in striking out Claimant’s complaint of harassment under s.3A RRA on particular facts of this case. Judges: Peter Clark J Citations: [2011] UKEAT 0201 – 11 – 0411, [2011] UKEAT 0202 – 11 – 0411 Links: Bailii, … Continue reading Vaidya v The General Medical Council: EAT 4 Nov 2011
(County Court) The defendant landlord granted the plaintiff a three year assured shorthold tenancy. He now appealed a finding that he was in breach of an implied covenant to maintain the space heating, and otherwise. The tenant had returned the keys. The court was asked whether the landlord by his breach had committed a repudiatory … Continue reading Hussain v Mehlman: CC 5 Mar 1992
Judges: Mummery, Richards, Rimer LJJ Citations: [2011] EWCA Civ 1519 Links: Bailii Statutes: Race Relations Act 1976 Jurisdiction: England and Wales Citing: Appeal from – Bouzir v Country Style Foods Ltd EAT 18-May-2011 EAT RACE DISCRIMINATION – Burden of proofThe Employment Tribunal did not apply section 54A(2) of the Race Relations Act 1976. The facts … Continue reading Country Style Foods Ltd v Bouzir: CA 8 Dec 2011
EAT Race Discrimination – Discrimination by other bodiesPractice and Procedure – Amendment(a) The Employment Tribunal correctly held it had no jurisdiction to hear Claimant’s case brought under the Race Relations Act 1976 s12 against the General Medical Council as a qualifying body.(b) If it did, and if it were necessary to decide the point, the … Continue reading Tariquez-Zaman v General Medical Council: EAT 20 Dec 2006
EAT RACE DISCRIMINATION: Aiding and abetting Issues relating to s11 and s33 Race Relations Act 1976 correctly dealt with by a Tribunal on a striking-out application. Judges: Ansell J Citations: [2008] UKEAT 0270 – 08 – 1408 Links: Bailii Statutes: Race Relations Act 1976 11 33 Jurisdiction: England and Wales Employment, Discrimination Updated: 01 October … Continue reading Shestak v Royal College of Nursing and others: EAT 14 Aug 2008
EAT SEX DISCRIMINATION – Marital status The Employment Tribunal, which upheld the Claimant’s unfair dismissal claim, was wrong to hold that the protection under section 3 of the Sex Discrimination Act as amended of married persons does not include protection of a person who is discriminated against on the ground that she is married to … Continue reading Dunn v The Institute of Cemetery and Crematorium Management: EAT 2 Dec 2011
Leave to apply was pursued under the provisions of a Tomlin order. The parties had disputed the extent to which parts of the order should be exhibited to the court. Held: The Tomlin order should be amended to add terms necessary to give effect to the parties’ intentions. Citations: [2006] EWHC 904 (Ch) Links: Bailii … Continue reading Donington Park Leisure Ltd v Wheatcroft and Son Ltd: ChD 7 Apr 2006
The tenant appealed against an order granting possession. The tenancy, being held of a mutual housing co-operative did not have security but was in a form restricting the landlord’s right to recover possession, and the tenant resisted saying that it was worded to create a lease for life (applying the LRB case). Held: The tenant’s … Continue reading Berrisford v Mexfield Housing Co-Operative Ltd: SC 9 Nov 2011
The Council appealed against the grant by the Magistrates of a hackney carriage and private hire vehicle drivers licenses to the defendant. The defendant had been convicted on his admission of an assault by beating. Judges: Bidder QC J Citations: [2011] EWHC 2943 (Admin) Links: Bailii Statutes: Local Government (Miscellaneous Provisions) Act 1976 51 59 … Continue reading Cherwell District Council v Anwar: Admn 10 Nov 2011
The deceased died in a road traffic accident whilst serving in the Armed forces in Germany. The driver was insured under German law. The widow now claimed damages in England. She had entered a new relationship. Held: The object of section 844 of the German regulations was to restore the claimant to the financial position … Continue reading Cox v Ergo Versicherung Ag and Another: QBD 28 Oct 2011
EAT Race Discrimination : Direct – Indirect – Continuing actThe Employment Tribunal was correct to find that it had no jurisdiction to entertain claims for direct and indirect discrimination on the grounds of race as the claims were issued out of time, and no application had been made to extend time.Although the Employment Tribunal may … Continue reading Ruhaza v Alexander Hancock Recruitment Ltd: EAT 4 Nov 2011
The appellants challenged the compatibility with the European Convention on Human Rights of the system for recovery of costs in civil litigation in England and Wales following the passing of the Access to Justice Act 1999. The parties had been involved in very substantial litigation over an alleged nuisance. The claimants’ lawyers had acted under … Continue reading Coventry and Others v Lawrence and Another: SC 22 Jul 2015
Miss Singh challenged her school’s policy which operated to prevent her wearing while at school a steel bangle, a Kara. She said this was part of her religion as a Sikh. Held: Earlier comparable applications had been made under human rights law, but this was under the 1976 Act. The evidence established that the Sikh … Continue reading Watkins-Singh, Regina (on the Application of) v The Governing Body of Aberdare Girls’ High School and Another: Admn 29 Jul 2008
(Australia) A debt can only be released and extinguished by an agreement for valuable consideration or an instrument of release under seal. Where a testator or testratrix appoints a debtor as executor under a will any cause of action against the debtor is extinguished because an executor cannot sue himself. Judges: Lord Wilberforce, Viscount Dilhorne, … Continue reading The Commissioner of Stamp Duties v Bone and Others: PC 5 Apr 1976
A branch overhanging the road, fell off causing a death. His PR claimed damages, but failed in the County Court. The death of an individual killed by a branch falling from a tree overhanging the highway was not attributable to the negligence of the local authority. The judge found that extensive internal decay was a … Continue reading Micklewright v Surrey County Council: CA 28 Jul 2011
(Election Court) Judges: Lord Migdale Citations: [1964] ScotCS 3, 1965 SC 315, 1965 SLT 186 Links: Bailii Jurisdiction: Scotland Cited by: Distinguished – Director of Public Prosecutions v Luft HL 26-May-1976 The defendants were campaigning against the National Front in an election. They were separately said to have distributed leaflets infringing the 1949 Act, in … Continue reading Grieve v Douglas-Home: SCS 23 Dec 1964
In each case the tenants requested adjournment of the possession proceedings brought against them by the landlord for arrears of rent to allow them time to bring the arrears below the level at which a possession order could be made. In each case it was said that the situation arose from maladministration by the local … Continue reading North British Housing Association Ltd v Matthews, Same v Others: CA 21 Dec 2004
The claimant had been dismissed as a teacher by the respondent Roman Catholic school after she became pregnant by a priest. She had been found to have been unfairly dismissed, but the tribunal had rejected her claim of discrimination for pregnancy. Judges: Mummery J P Citations: [1996] IRLR 372, [1997] ICR 33, [1996] UKEAT 1180 … Continue reading O’Neill v Governors of St Thomas More RC School and Another: EAT 24 May 1996
The parties had contracted to trade global depository notes issued by the Peruvian government. Each made mistakes as to their true value, thinking them scraps worth a few thousand dollars, whereas their true value was over $8m. On the defendant recognising their worth, they sought to sell and pocket the profit. The claimant sought restitutionary … Continue reading Lehman Brothers International (Europe) v Exotix Partners Llp: ChD 9 Sep 2019
EAT RACE DISCRIMINATION – Burden of proofThe Employment Tribunal did not apply section 54A(2) of the Race Relations Act 1976. The facts upon which the Claimant relied, taken as a whole were such that the Tribunal could conclude in the absence of an adequate explanation that the Respondent refused or deliberately omitted to offer him … Continue reading Bouzir v Country Style Foods Ltd: EAT 18 May 2011
The question agreed to be before the court was ‘Where an insurer incurs costs in investigating settling or defending claims by his insured, can the insurer recover a proportion of these costs under a quota share or other form of proportional re-insurance?’ the syndicate argued that it was in the nature of a proportional re-insurance … Continue reading Baker v Black Sea and Baltic General Insurance Co Ltd: HL 20 May 1998
The police had arrested three peaceful but vociferous preachers when some members of a crowd gathered round them threatened hostility. Held: Freedom of speech means nothing unless it includes the freedom to be irritating, contentious, eccentric, heretical, unwelcome and provocative provided it did not tend to provoke violence. There was no reasonable inference available in … Continue reading Redmond-Bate v Director of Public Prosecutions: Admn 23 Jul 1999
A husband and wife had each executed the will which had been prepared for the other, owing to an oversight on the part of their solicitor; the question which arose was whether the will of the husband, who died after his wife, was valid. The parties disputed whether the will have been validly executed, and … Continue reading Marley v Rawlings and Another: SC 22 Jan 2014
A had been chairman of the claimant bank. After removal, A fled to the UK, obtaining asylum. The bank then claimed embezzlement, and was sentenced for contempt after failing to disclose assets when ordered, but fled the UK. The Appellant, K, was A’s son-in-law living in Switzerland. It was claimed that he had assisted A … Continue reading JSC BTA Bank v Khrapunov: SC 21 Mar 2018
The landlord had wanted possession. The tenant said that the landlord had been harassing him. The landlord said that the tenancy was a mixed residential and business tenancy and that the 1977 Act did not apply. Held: The 1977 Act applied. A tenancy for mixed purposes falls under the protection of the Act of 1954, … Continue reading Pirabakaran v Patel and Another: CA 26 May 2006
(Isle of Man) A scheme of arrangement was proposed for a company with involvement in several jurisdictions. An order in New York sought assistance in the vesting of shares and assets in the Isle of Man in the creditors committee. Cambridge was a majority shareholder in the Isle of Man company, but had no involvement … Continue reading Cambridge Gas Transport Corp v Official Committee of Unsecured Creditors (of Navigator Holdings Plc and Others): PC 16 May 2006
The applicant cleaner sought compensation for unfair dismissal. The issue was whether she was an employee of the respondents, of their client where she did her work, or was not an employee at all. She worked for an agency, who sent her out to offices to work. The court was called upon to give guidance … Continue reading Brook Street Bureau (UK) Ltd v Dacas: CA 5 Mar 2004
The claimant said that the respondent had awarded a contract for works at the House of Commons disregarding its obligations under European law as regards open tendering. Citations: [1999] EWHC Technology 199, 1996 ORB No 1151, (1999) 67 Con LR 1 Links: Bailii Statutes: Public Works Contracts Regulations 1991 Jurisdiction: England and Wales Citing: Cited … Continue reading Harmon CFEM Facades (UK) Limited v The Corporate Officer of The House of Commons: TCC 28 Oct 1999
(Westminster Magistrates Court) Application on behalf of Julian Assange to have withdrawn an arrest warrant issued when Mr Assange did not surrender for extradition to Sweden. Citations: [2018] EW Misc B2 (MagC) Links: Bailii Statutes: Bail Act 1976 7 Jurisdiction: England and Wales Citing: See Also – Assange v The Swedish Prosecution Authority SC 30-May-2012 … Continue reading Assange, An Application By (Cancel An Arrest Warrant : Ruling No 1): Misc 6 Feb 2018
Citations: [2012] ScotSC 20 Links: Bailii Jurisdiction: Scotland Coroners Updated: 08 September 2022; Ref: scu.463887
The claimant appealed refusal to award damages after an alleged failure to give a proper reference, saying that the decision in Fadipe could not stand with the later decision in Rhys-Harper. She said that she had suffered victimisation after making a protected disclosure, but after having left the company. The company said that the Act … Continue reading Woodward v Abbey National Plc: CA 22 Jun 2006
The pursuers contracted to remove coal by opencast mining from the defender’s land. They said the contract assumed the removal first of substantial peat depositys from the surface by a third party. They had to do that themselves at substantial cost. They said the defenders should have issued a variation to allow them to claim … Continue reading AMEC Mining v Scottish Coal Company: SCS 6 Aug 2003
Solicitor firms had been made bankrupt leaving a shortfall after thefts from client accounts of over 12 million pounds. The thief had diappeared, and the other partners were now discharged form bankruptcy. The Law Society accepted that it could not proceed to claim against the discharged bankrupts, but now sought recovery from their insurers. Held: … Continue reading Law Society of England and Wales and others v Shah and others: ChD 30 Nov 2007
The parties disputed the meaning of an patent and know how licence. The parties disputed whether the agreement referred to IP rights before formal patents had been granted despite the terms of the agreement. Held: ‘The secret of drafting legal documents was best described by Nicolas Boileau, who was not only a literary critic but … Continue reading Oxonica Energy Ltd v Neuftec Ltd: PatC 5 Sep 2008
Citations: [2011] EWCA Civ 160 Links: Bailii Statutes: Local Government (Miscellaneous Provisions) Act 1976 47 Jurisdiction: England and Wales Licensing, Local Government Updated: 02 September 2022; Ref: scu.429725
The claimant was employed by the Army. He claimed that he was racially discriminated against because the army refused to provide him with Halal meat. Held: The 1976 Act first required the applicant to have exhausted the Army’s own internal grievance procedures. He had not done so. The employment tribunal therefore had no jurisdiction to … Continue reading Mangera v Ministry of Defence: CA 19 May 2003
The claimant had undergone heart surgery as an infant in 1976, and claimed damages for professional negligence. The procedure involved a dangerous procedure, a resection of coarctation. As a consequence, the Claimant suffered a number of problems associated with neurological deficit and partial paraplegia. Held: As to limitation, the knowledge required to satisfy s.14(1)(b) is … Continue reading Mirza v Birmingham Health Authority: QBD 31 Jul 2001
The defendant applied for an order declaring that the claim would better be brought in an employment tribunal and that accordingly the County court should decline jurisdiction. Held: The application was dismissed: ‘ I reject the submission by the Defendant that convenience must be judged in some abstract way by reference to whether a case … Continue reading Abdulla and Others v Birmingham City Council: QBD 17 Dec 2010
Appeal against award of expenses at fatal accident enquiry. Judges: Lord President, Lord Reed, Lord Marnoch Citations: [2009] ScotCS CSIH – 43, 2009 GWD 22-355, 2009 SLT 597 Links: Bailii Statutes: Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Jurisdiction: Scotland Costs Updated: 01 September 2022; Ref: scu.346592
Application for relief from sanctions by several defendants. Judges: Oliver-Jones QC HHJ Citations: [2013] EWHC B29 (QB) Links: Bailii Jurisdiction: England and Wales Litigation Practice Updated: 31 August 2022; Ref: scu.519764
The claimant had succeeded in her claim for constructive unfair dismissal, and of sex and race discrimation at the tribunal. The EAT reversed the discrimination findings saying that the claimant had not set them out in her ET1, and the Tribunal had wrongly extended them, giving the respondents no fair notice. She now appealed against … Continue reading Hewage v Grampian Health Board: SCS 14 Jan 2011
Proceedings were brought in England. The respondents sought a stay, saying the company was subject to insolvency proceedings in Germany. Held: Our domestic insolvency law was not applicable to foreign proceedings, and so could not be used to order a stay of proceedings here. (a) the English court has jurisdiction to determine Apex’s claim for … Continue reading Mazur Media Limited and Another v Mazur Media Gmbh in Others: ChD 8 Jul 2004
EAT JURISDICTIONAL POINTS – 2002 Act and pre-action requirements Whether the statutory grievance procedure applies to a claim of post-termination victimisation. It does.A claim alleging victimisation in consequence of evidence contained in witness statements served in proceedings in the employment tribunal failed for immunity. Judges: Peter Clark HHJ Citations: [2010] UKEAT 0022 – 10 – … Continue reading Parmar v East Leicester Medical Practice: EAT 5 Nov 2010
The court was asked: ‘Whether the common-law offence of perverting the course of public justice is committed where false evidence is given or made, not to defeat what the witness believes to be the ends of justice, or not to procure what the witness believes to be a false verdict.’ Photographs had been taken of … Continue reading Re S 36 Criminal Justice Act 1972; Attorney General’s Reference No 1 of 2002: CACD 14 Oct 2002
EAT RACE DISCRIMINATION Inferring discrimination Burden of proof UNFAIR DISMISSAL Procedural fairness / automatically unfair dismissalThe Employment Tribunal misdirected themselves in applying Section 54A of the Race Relations Act 1976. They erred in holding that the burden of proof passed to the Respondents on the Claimant establishing a prima facie case that they could have … Continue reading Hammonds Llp and Others v Mwitta: EAT 1 Oct 2010
Judges: Lambert J DBE Citations: [2020] EWHC 3506 (QB), [2020] WLR(D) 700 Links: Bailii, WLRD Statutes: Congenital Disabilities (Civil Liability) Act 1976 Jurisdiction: England and Wales Professional Negligence Updated: 24 August 2022; Ref: scu.656965
Citations: [2012] ScotSC 30 Links: Bailii Jurisdiction: Scotland Coroners Updated: 23 August 2022; Ref: scu.463899
The court was asked whether the statutory burden of proof in a case of alleged direct race discrimination was properly understood and applied by the Employment Tribunal in accordance with section 54A(2) of the Race Relations Act 1976, as amended. Held: The appeal was allowed. The ET had erred as to the law. Judges: Mummery, … Continue reading St Christopher’s Fellowship v Walters-Ennis: CA 30 Jul 2010
Judges: Lord Justice Buxton Lord Justice Lloyd Lord Justice Richards Citations: [2006] EWCA Civ 287 Links: Bailii Statutes: Fatal Accidents Act 1976 4 Jurisdiction: England and Wales Citing: Cited – Wood v Bentall Simplex Ltd CA 1992 No aspect of the law of damages has been found in practice to be more dependent on the … Continue reading Harland and Wolff Plc Husbands Ltd v Patricia Lillian Mcintyre: CA 28 Mar 2006
Leases contained break clauses which the tenant purported to exercise. The landlord replied that they were ineffective because the tenant had not complied with his repair covenants. The dispute appeared settled after negotiations, and the settlement was embodied in an agreement. The tenant did not vacate the premises in time, and the landlord said the … Continue reading Legal and General Assurance Society Ltd v Expeditors International (Uk) Ltd: CA 24 Jan 2007
Death of passenger falling from ferry and drowning. Judges: Forbes J Citations: [2005] EWHC 420 (QB) Links: Bailii Statutes: Fatal Accidents Act 1976, Law Reform (Miscellaneous Provisions) Act 1934 Jurisdiction: England and Wales Personal Injury Updated: 22 August 2022; Ref: scu.224549
The complainant made a request under the Freedom of Information Act 2000 to the University of Bradford for information held by the University in relation to the use of campus computers to access extremist material in the context of that accessed by four named students together with reports on extremist activity amongst students over the … Continue reading University of Bradford (Decision Notice): ICO 30 Mar 2009
Citations: [2010] EWHC B8 (Mercantile) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Charles Letts and Co v Howard EAT 1976 Abusive language between employer and employee may be repudiatory of the contract. However, an apology may lead to the conclusion that the conduct is not repudiatory but this is likely to be only … Continue reading Gledhill v Bentley Designs (UK) Ltd: Merc 2 Jun 2010
EAT SEX DISCRIMINATION – DirectRACE DISCRIMINATION – Direct1. Unincorporated association – practice and procedure. The Claimant was employed by the management committee of an unincorporated association. By the time of the hearing the only Respondents were (1) the unincorporated association in its own name and (2) two individual members of the management committee alleged to … Continue reading Nazir and Another v Asim and Another: EAT 29 Jun 2010
The claimant’s daughter had committed suicide after being given home leave on a secure ward by the respondent mental hospital. A claim in negligence had been settled, but the parents now appealed refusal of their claim that the hospital had failed in its article 2 duty to respect her right to life. Held: The decision … Continue reading Rabone and Another v Pennine Care NHS Trust: CA 21 Jun 2010
EAT TRADE UNION RIGHTS – Action short of dismissal VICTIMISATION DISCRIMINATION – Other forms of victimisation The Employment Tribunal did not err in failing to determine the Appellant’s claim under Section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 on a balance of probabilities. The Appellant had also claimed victimisation under the … Continue reading Gayle v Sandwell and West Birmingham Hospitals NHS Trust: EAT 16 Apr 2010
The Crown Court had made a criminal bankruptcy order in the sum of andpound;5,000 but failed to identify how that was to be distributed between the offences. The judge subsequently, but after the 28 day period provided by section 11(2) of the 1971 Act, purported to rectify the court’s order. Held: He was entitled to … Continue reading Regina v Saville: CACD 24 Jan 1980
The Court was asked whether an employee’s remuneration is taxable as his or her emoluments or earnings when it is paid to a third party in circumstances in which the employee had no prior entitlement to receive it himself or herself. Held: The company’s appeal failed. The purposive approach to the interpretation of the general … Continue reading RFC 2012 Plc (Formerly The Rangers Football Club Plc) v Advocate General for Scotland: SC 5 Jul 2017
Citations: [2011] ScotSC 118 Links: Bailii Jurisdiction: Scotland Coroners Updated: 18 August 2022; Ref: scu.463997
EAT VICTIMISATION DISCRIMINATION SEX DISCRIMINATION – Burden of Proof Ex-employee given unfavourable reference – Claim that terms of reference were partly on account of her having previously brought sex discrimination proceedings against employers – Claim decided by the Tribunal on basis of the ‘reverse burden of proof’ provisions of s. 63A of Sex Discrimination Act … Continue reading Pothecary Witham Weld (A Firm) and Another v Bullimore and Another: EAT 29 Mar 2010
The court was asked as to the protection given by the 1925 Act to a purchaser, defined as one taking in good faith for valuable consideration. Held: A purchaser ‘cannot in my judgment be in good faith if he has in fact notice of something which affects his title’. Judges: Graham J Citations: (1976) 242 … Continue reading Peffer v Rigg and Another: ChD 17 Mar 1976
1. Social policy – Male and female workers – Equal pay – Pay – Concept – Right to join a private occupational pension scheme – Included – Exclusion of married women from membership – Not permissible – Exclusion of part-time workers – Part-time staff composed principally of women – Not permissible where there is no … Continue reading Vroege v Nciv Instituut Voor Volkshuisvesting Bv and Stichting Pensioenfonds Nciv: ECJ 28 Sep 1994
ECJ The concept of pay as defined in article 119 of the EEC Treaty does not include social security schemes or benefits directly governed by legislation without any element of agreement within the undertaking or the occupational branch concerned, which are obligatorily applicable to general categories of workers or which, within the framework of such … Continue reading Gabrielle Defrenne v Belgian State: ECJ 25 May 1971
ECJ The principle that men and women should receive equal pay, which is laid down by article 119, is one of the foundations of the community. It may be relied on before the national courts. These courts have a duty to ensure the protection of the rights which that provision vests in individuals, in particular … Continue reading Defrenne v Sabena (No 2): ECJ 8 Apr 1976
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 indemnity risks. The grounding occurred during a combination of severe weather events. Each of the two elements … Continue reading Gard Marine and Energy Ltd and Another v China National Chartering Company Ltd and Another: SC 10 May 2017
NIIT The tribunal finds that the claimant did not suffer discrimination on the grounds of sex or her part-time working status and accordingly her claims are dismissed. Judges: Mr B Greene Citations: [2009] NIIT 7 – 08IT Links: Bailii Statutes: Sex Discrimination (Northern Ireland) Order 1976, Part-time Workers (Provision of Less Favourable Treatment) Regulations 2000 … Continue reading Cass v Amt-Sybex (NI) Ltd: NIIT 30 Sep 2009
A court granted bail subject to provision of title deeds to a property as security. The defendant deposited a charge certificate with the owner’s consent, but then absconded. The court sought to forfeit the entire property, the owner of the charge sought to protect her interest. Held: The court had not made clear just what … Continue reading Regina (Stevens) v Truro Magistrates’ Court: QBD 18 Jul 2001
The claimants owned Community and UK trade marks in the name ‘Cipriani’. The defendants operated a restaurant in London using, under the licence of another defendant, the same name. The claimant sought an injunction to prevent further use of the name. The defendants said that they came within the ‘own name’ exception. Held: The appeal … Continue reading Hotel Cipriani Srl and Others v Cipriani (Grosvenor Street) Ltd and Others: CA 24 Feb 2010
EAT PRACTICE AND PROCEDURE Application/claim AmendmentVICTIMISATION DISCRIMINATION An originating application must be read as a whole to ascertain whether it contains a particular complaint. The Claimant who was black and dyslexic completed an ET1 without legal assistance. He ticked the Disability and the Race boxes in paragraph 6.1. In the particulars of complaint in Box … Continue reading Baker v The Commissioner of Police of The Metropolis: EAT 5 Feb 2010
EAT JURISDICTIONAL POINTS Working outside the Jurisdiction Hong Kong based cabin crew employed on Hong Kong to London flights. Whether working partly at an establishment in Great Britain for purposes of s.8(1) Race Relations Act 1976; reg 10(1) Age Regulations 2006. Employment Tribunal finding that they were upheld. Citations: [2010] UKEAT 0055 – 09 – … Continue reading British Airways Plc v Mak and Others: EAT 20 Jan 2010
Citations: [2009] EWHC 3289 (QB) Links: Bailii Citing: Cited – Handyside v The United Kingdom ECHR 7-Dec-1976 Freedom of Expression is Fundamental to SocietyThe appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its … Continue reading Bayer Cropscience Ltd and Another v Stop Huntingdon Cruelty (‘SHAC’) and Others: QBD 22 Dec 2009
In giving guidance on the use by industrial members of their life experience the EAT cautioned against an Employment Tribunal relying on the lay members’ experience to determine a case without giving the witness whose evidence they reject an opportunity to deal with the point(s) in issue. Provided that is done there is no reason … Continue reading Dugdale v Kraft Foods Ltd: EAT 28 Oct 1976
EAT RACE DISCRIMINATION: Discrimination by other bodiesPRACTICE and PROCEDURE: CostsClaims brought under ss12 and 13 Race Relations Act 1976. Properly struck out by Employment Tribunal under Rule 18(7)(b) as having no reasonable prospect of success.Costs of aborted EAT hearing to be paid by Appellant who was wholly responsible for those wasted costs. Citations: [2009] UKEAT … Continue reading Igboaka v The Royal College of Pathologists: EAT 3 Dec 2009
The claimant taxi driver sought to assert race discrimination. The respondent argued that he had not been an employee, but an independent contractor. The Claimant owned his own vehicle and paid the respondents minicab operators pounds 75 per week for a radio and access to their company system, which allocated calls from customers to a … Continue reading Mingeley v Pennock and Another (T/A Amber Cars): CA 9 Feb 2004
Claim on behalf of the estate of her late husband, Alexander Devoy, under the Law Reform (Miscellaneous Provisions) Act, 1934, and on her own behalf as the dependant of the deceased under the Fatal Accidents Act, 1976, for damages arising from his death. Judges: His Honour Judge Reddihough Citations: [2009] EWHC 1598 (QB) Links: Bailii … Continue reading Devoy v William Doxford and Sons Ltd and Others: QBD 21 Jul 2009
Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000
(Jamaica) A five year delay in execution is excessive, and can itself amount to inhuman or degrading punishment. ‘There is an instinctive revulsion against the prospect of hanging a man after he has been held under sentence of death for many years. What gives rise to this instinctive revulsion? The answer can only be our … Continue reading Pratt and Morgan v The Attorney General for Jamaica and Another: PC 2 Nov 1993
The applicant challenged the terms of a non-derogating control order. It was anticipated that unless prevented, he would fight against UK forces in Iraq. Held: The section allowed the Secretary of State to impose any necessary conditions, but subject to a system of supervision by the courts. The parties now disputed whether the Act gave … Continue reading MB, Re, Secretary of State for the Home Department v MB: Admn 12 Apr 2006
Solicitors sought to challenge an order disallowing a costs item for the administration of an estate which included a percentage of the estate. Held: Despite advances in time recording, ‘we see no reason to say that it is no longer appropriate for solicitors to make a separate charge based on value, provided always that one … Continue reading Jemma Trust Company Ltd v Liptrott, Forrester, Kippax Beaumont Lewis: CA 24 Oct 2003
Two English claimants respectively suffered injury in a French road accident. They brought claims for damages against the French insurer of the other driver. Judgment on liability was entered by consent. There were issues as to the assessment of damages and the award of interest. Held: ‘The existence of a right to recover interest as … Continue reading Maher and Another v Groupama Grand Est: CA 12 Nov 2009
Judges: Sweeney J Citations: [2009] EWHC 2716 (QB) Links: Bailii Statutes: Protection against Harassment Act 1997 83 Citing: Cited – Handyside v The United Kingdom ECHR 7-Dec-1976 Freedom of Expression is Fundamental to SocietyThe appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the … Continue reading Novartis Pharmaceuticals UK Ltd and Others v Stop Huntingdon Animal Cruelty (‘SHAC’) and Others: QBD 30 Oct 2009
The plaintiff sought possession of two rooms in a house occupied by the defendants separately. The agreements stated that they were licences. The agreements excluded the occupiers between 10:30am and noon on each day. The occupiers claimed to be tenants with protection. Held: The tenants’ appeal against summary orders for posession were successful, and the … Continue reading Crancour Ltd v Da Silvaesa and Another: CA 26 Feb 1986
The council argued that the defendant was not a tenant granted to him as a secure tenancy since he had not been granted the tenancy in accordance with its policies. An employee had manipulated the Council’s system to grant tenancies to bypass the controls. There was no evidence of this having been done for payment. … Continue reading Birmingham City Council v Qasim and Others: CA 20 Oct 2009
EAT VICTIMISATION DISCRIMINATIONPRACTICE AND PROCEDURENew evidence on appealCostsThe Employment Tribunal was right to reject the Claimant’s victimisation claim. It disbelieved her allegation that she saw the solicitor representing her previous employer in her first unsuccessful race discrimination visit her current employer.The Employment Tribunal did not err when it awarded andpound;7000 costs against her, taking into … Continue reading Hooper v Sherborne School: EAT 9 Sep 2009
EAT RACE DISCRIMINATION: Direct / Burden of proof VICTIMISATION DISCRIMINATION PRACTICE AND PROCEDURE: Appellate jurisdiction/reasons/Burns-BarkeNumerous complaints of direct discrimination/victimisation under the Race Relations Act 1976 (RRA). Whether the Employment Tribunal reasoning passed the Meek test. With one exception it did not; those matters remitted to fresh Employment Tribunal for rehearing. On the question, does s.54A … Continue reading Milton Keynes General Hospital NHS Trust and Another v Maruziva: EAT 9 Oct 2009
EAT PRACTICE AND PROCEDURE: Case managementUNFAIR DISMISSAL: Constructive dismissalRACE DISCRIMINATION: Burden of proofAn Employment Tribunal did not err in law when it upheld the Claimant’s claim in part that she had been discriminated against by being excluded from a recruitment process, in which as a manager she should have been involved, on the ground of … Continue reading St Christopher’s Fellowship v Walters-Ennis: EAT 8 Oct 2009