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Bradley v Royal Holloway and Bedford New College, University of London: EAT 30 Apr 2014

EAT Equal Pay Act : Material Factor Defence and Justification – A female professor claimed equal pay under the Equal pay Act 1970 with two male professors at the college where she taught and researched. They were assumed to be engaged on like work/work of equal value. In each of their cases, significant sums in … Continue reading Bradley v Royal Holloway and Bedford New College, University of London: EAT 30 Apr 2014

North and Others v Dumfries and Galloway Council (Scotland): SC 26 Jun 2013

The claimants sought to bring an equal pay claim, but the prospective male comparators were employed at a different establishment and under different conditions. They appealed from a decision that they had not met the threshhold to make a claim. Held: The appeal succeeded, and the claimants were to be permitted to pursue their claim. … Continue reading North and Others v Dumfries and Galloway Council (Scotland): SC 26 Jun 2013

Dr Anya v University of Oxford and Another: CA 22 Mar 2001

Discrimination – History of interactions relevant When a tribunal considered whether the motive for an act was discriminatory, it should look not just at the act, but should make allowance for earlier acts which might throw more light on the act in question. The Tribunal should assess the totality of the evidence on any material … Continue reading Dr Anya v University of Oxford and Another: CA 22 Mar 2001

White v Burton’s Foods Ltd: EAT 6 Jul 2010

EAT EQUAL PAY ACT – Like workThe Claimant had been employed by the Respondent since 1984 before becoming Production Planning Manager at the Respondent’s Blackpool site. She brought a claim under the Equal Pay Act 1970 against the respondent comparing her position with that of existing and former production planning managers at other sites. All … Continue reading White v Burton’s Foods Ltd: EAT 6 Jul 2010

Sodexo Ltd v Gutridge and others: EAT 31 Jul 2008

EAT EQUAL PAY ACT JURISDICTIONAL POINTS: Claim in time and effective date of termination The claimants alleged that their employer had been in breach of their rights under the Equal Pay Act 1970. They had been transferred pursuant to a TUPE transfer and claimed their equal pay rights some five years later. Their claims relied … Continue reading Sodexo Ltd v Gutridge and others: EAT 31 Jul 2008

Hovell v Ashford and St Peter’s Hospital NHS Trust: CA 9 Jul 2009

The claimant appealed against dismissal of her claim for equal pay. The tribunal had said that she had failed to provide evidence from an independent expert that her work was of equal value to that of a comparator. Held: On the facts, the appeal failed, though the tribunal had been wrong to say that such … Continue reading Hovell v Ashford and St Peter’s Hospital NHS Trust: CA 9 Jul 2009

Simpson v Intralinks: EAT 15 Jun 2012

EAT The parties agreed that in the event of any employment dispute , the applicable law would be German, and the place of jurisdiction Frankfurt, which was where the claimant lived and from where she worked (though she came on occasion to the UK). She brought claims under the Sex Discrimination Act 1975 and Equal … Continue reading Simpson v Intralinks: EAT 15 Jun 2012

Birmingham City Council v Abdulla and Others: SC 24 Oct 2012

Former employees wished to argue that they had been discriminated against whilst employed by the Council. Being out of time for Employment Tribunal Proceedings, they sought to bring their cases in the ordinary courts. The Council now appealed against the refusal to strike out the claims on the basis that they could more conveniently have … Continue reading Birmingham City Council v Abdulla and Others: SC 24 Oct 2012

Pickstone v Freemans Plc: HL 30 Jun 1988

The claimant sought equal pay with other, male, warehouse operatives who were doing work of equal value but for more money. The Court of Appeal had held that since other men were also employed on the same terms both as to pay and work, her claim failed. Held: The claim was not disbarred in this … Continue reading Pickstone v Freemans Plc: HL 30 Jun 1988

Donnelly v NHS Greater Glasgow and Clyde and Others: EAT 15 Aug 2012

donnelly_nhsgg EAT Equal Pay Act : Damages or Compensation – Equal Pay. Jurisdiction. Statutory limitation.Claimants alleged that their previous NHS Trust employers breached their rights under the Equal Pay Act 1970. Trusts dissolved and their liabilities under or in connection with the Claimants’ contracts of employment transferred to the respondents by Staff Transfer Orders (under … Continue reading Donnelly v NHS Greater Glasgow and Clyde and Others: EAT 15 Aug 2012

Enderby v Frenchay Health Authority and Another: ECJ 27 Oct 1993

Discrimination – Shifting Burden of Proof (Preliminary Ruling) A woman was employed as a speech therapist by the health authority. She complained of sex discrimination saying that at her level of seniority within the NHS, members of her profession which was overwhelmingly a female profession, were appreciably less well paid than members of comparable professions … Continue reading Enderby v Frenchay Health Authority and Another: ECJ 27 Oct 1993

Slack and Others v Cumbria County Council and Another: CA 3 Apr 2009

The court was asked when the six month’s limit for beginning equal pay proceedings began. The new section 2ZA set the qualifying date as ‘the date falling six months after the last day on which the woman was employed in the employment.’ The problem arose where there were a succession of contracts. It was argued … Continue reading Slack and Others v Cumbria County Council and Another: CA 3 Apr 2009

St Helens Borough Council v Derbyshire and others: HL 25 Apr 2007

The claimants were pursuing an action for equal pay. Several others settled their own actions, and the respondents then wrote direct to the claimants expressing their concern that the action ws being continued and its possible effects. The claimants said that this amounted to victimisation. Held: The employees’ appeal succeeded. The letter amounted to unfair … Continue reading St Helens Borough Council v Derbyshire and others: HL 25 Apr 2007

Glasgow City Council and Others v Marshall and Others: HL 8 Feb 2000

Although instructors in special schools, carried out work of a broadly similar nature to qualified teachers, and the majority were women, they were not entitled to an equality of pay clause, since there was no evidence of sex discrimination, and the employers were not required under the section to establish a good reason for the … Continue reading Glasgow City Council and Others v Marshall and Others: HL 8 Feb 2000

Blackburn and Another v West Midlands Police: CA 6 Nov 2008

The claimants, female police officers, complained that male officers had received priority payments where they had received none. The defendant said that the payments were justified in achieving a proper aim, namely the encouragement of night working. Held: The claimants’ appeal failed. The distinction was as to payments made to reward 24/7 working. This was … Continue reading Blackburn and Another v West Midlands Police: CA 6 Nov 2008

Preston and Others v Wolverhampton Healthcare NHS Trust and Others, Fletcher and Others v Midland Bank Plc (No 2): HL 8 Feb 2001

Part-time workers claimed that they had been unlawfully excluded from occupational pension schemes because membership was dependent on an employee working a minimum number of hours per week and that that was discriminatory because a considerably . .

Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd: HL 1 Jul 1914

The appellants contracted through an agent to supply tyres. The respondents contracted not to do certain things, and in case of breach concluded: ‘We agree to pay to the Dunlop Pneumatic Tyre Company, Ltd. the sum of 5 l. for each and every tyre, cover or tube sold or offered in breach of this agreement, … Continue reading Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd: HL 1 Jul 1914

Platts v Trustees Savings Bank Plc: CA 13 Feb 1998

A counterclaim for negligent sale was a valid claim allowing potential against repossessing bank but would not make bank’s claim unliquidated. The Judge could properly hold that there was a liquidated and unsecured debt the subject of the statutory demand owed to the Bank for a sum greatly in excess of the statutory minimum which … Continue reading Platts v Trustees Savings Bank Plc: CA 13 Feb 1998

Eclipse Film Partners No 35 Llp v Revenue and Customs: FTTTx 20 Apr 2012

FTTTx Income tax – limited liability partnership acquired licence to film rights and sub-licensed rights to distributor – complex financing arrangements involving loans to members of the partnership and defeasance deposit by the distributor – whether partnership carrying on a trade (a precondition for members to claim relief for a prepayment of interest on their … Continue reading Eclipse Film Partners No 35 Llp v Revenue and Customs: FTTTx 20 Apr 2012

Berkoff v Burchill and and Times Newspapers Limited: CA 31 Jul 1996

The plaintiff actor said that an article by the defendant labelling him ugly was defamatory. The defendant denied that the words were defamatory. Held: It is for the jury to decide in what context the words complained of were used and whether they were defamatory in those circumstances. An allegation that an actor was hideously … Continue reading Berkoff v Burchill and and Times Newspapers Limited: CA 31 Jul 1996

Eclipse Film Partners No 35 Llp v Revenue and Customs: FTTTx 22 Jun 2011

FTTTx Expert evidence – application for a direction to exclude expert evidence – whether expert evidence inadmissible on grounds that it is an opinion as to UK tax and therefore trespasses on the special expertise of the Tribunal – whether decision as to admissibility of the evidence should be a case management matter or deferred … Continue reading Eclipse Film Partners No 35 Llp v Revenue and Customs: FTTTx 22 Jun 2011

Eclipse Film Partners No. 35 Llp v Revenue and Customs: FTTTx 22 Sep 2010

FTTTx INCOME TAX – Applications by the parties for further directions – whether departure by HMRC unilaterally from the timetable for preparation for the appeal set down in agreed directions, causing additional delay in bringing the appeal on for hearing to the detriment of partners in the Appellant who had an interest in the outcome … Continue reading Eclipse Film Partners No. 35 Llp v Revenue and Customs: FTTTx 22 Sep 2010

Palatine Graphic Arts Co Ltd v Liverpool City Council: CA 1985

The defendant local authority agreed to pay for the plaintiff’s premises in Liverpool at the price which would have been payable if the acquisition had been by way of compulsory purchase. The major part of the price constituted compensation for disturbance, which it was common ground fell to be assessed in the same way as … Continue reading Palatine Graphic Arts Co Ltd v Liverpool City Council: CA 1985

In re Nortel Companies and Others: SC 24 Jul 2013

The court was asked as to the interrelationship of the statutory schemes relating to the protection of employees’ pensions and to corporate insolvency. Held: Liabilities which arose from financial support directions or contribution notices issued by the Pensions Regulator under the 2004 Act after the company had gone into administration, which required the company to … Continue reading In re Nortel Companies and Others: SC 24 Jul 2013

Mark Rowlands v Berni Inns Ltd: CA 1985

The plaintiff owned the freehold and had let the basement to the defendant. The plaintiff insured the building. The defendant covenanted to pay to the plaintiff an insurance rent equal to the proportionate cost of insuring the part of the building occupied by the defendant, and did pay such rent. The building was destroyed by … Continue reading Mark Rowlands v Berni Inns Ltd: CA 1985

Eclipse Film Partners No 35 Llp v Revenue and Customs: SCIT 17 Feb 2009

SCIT Closure notice – application for direction to close enquiry into tax return – limited liability partnership – s 28B Taxes Management Act 1970 – direction for closure within three months Citations: [2009] UKSPC SPC00736, [2009] STI 627, [2009] STC (SCD) 293 Links: Bailii Statutes: Taxes Management Act 1970 28B Jurisdiction: England and Wales Cited … Continue reading Eclipse Film Partners No 35 Llp v Revenue and Customs: SCIT 17 Feb 2009

Murphy v Northern Ireland Assembly Commission: NIIT 11 Mar 2009

NIIT The unanimous decision of the tribunal is that the claimant’s claims in respect of a breach of the Equal Pay Act (Northern Ireland) 1970 and unlawful sex discrimination be dismissed. Citations: [2009] NIIT 1504 – 07IT Links: Bailii Statutes: Equal Pay Act (Northern Ireland) 1970 Citing: Cited – Enderby v Frenchay Health Authority and … Continue reading Murphy v Northern Ireland Assembly Commission: NIIT 11 Mar 2009

Hartlepool Borough Council and Another v Dolphin and others: EAT 15 Sep 2008

eat EQUAL PAY ACT: Material factor defence and justification An Employment Tribunal did not err when it found that bonus schemes created in the 1970s in order to improve productivity were a sham and could not be used in justification as a genuine material factor to a claim of equal pay. The Tribunal erred in … Continue reading Hartlepool Borough Council and Another v Dolphin and others: EAT 15 Sep 2008

Redcar and Cleveland Borough Council v Bainbridge and others (‘Bainbridge 1’): CA 29 Jul 2008

Pay protection provisions are commonly adopted, and provided any differential in pay does not continue for too long, they may justify what would otherwise be unlawful indirect discrimination. Judges: Mummery, Smith, Lindsay LJJ Citations: [2008] EWCA Civ 885, [2008] IRLR 776, [2009] ICR 133 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Redcar … Continue reading Redcar and Cleveland Borough Council v Bainbridge and others (‘Bainbridge 1’): CA 29 Jul 2008

Crane v Hegeman-Harris Co Inc: ChD 1939

A continuing common intention of the parties to a document alone will not suffice to justify rectification. For rectification to be appropriate, there must be convincing proof that the concluded instrument does not represent the common intention of the parties. Where there has been prolonged negotiations resulting in a formal instrument, with parties having their … Continue reading Crane v Hegeman-Harris Co Inc: ChD 1939

Redcar and Cleveland Borough Council v Bainbridge and others: EAT 15 Nov 2006

Citations: [2006] UKEAT 0135 – 06 – 1511 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Redcar and Cleveland Borough Council v Bainbridge and others EAT 16-Oct-2006 EAT Equal pay in the North East. Women whose jobs had been rated as equivalent with comparator men (and in some cases had been rated higher) … Continue reading Redcar and Cleveland Borough Council v Bainbridge and others: EAT 15 Nov 2006

Van Laethem v Brooker and Another: ChD 12 Jul 2005

The claimant asserted an interest in several properties by virtue of a common intention constructive trust or by proprietary estoppel. The parties had been engaged to be married. Held: ‘A [constructive] trust arises in connection with the acquisition by one party of a legal title to property whenever that party has so conducted himself that … Continue reading Van Laethem v Brooker and Another: ChD 12 Jul 2005

Hunt and Another v McLaren and others: ChD 4 Oct 2006

Land had been given to a football club under a trust for its exclusive use as such. That land was sold and a new ground acquired and a stadium built, but the land was subject to restrictive covenenats limiting its use to sports, which considerably reduced its value. The trustees sought clarification of their duties. … Continue reading Hunt and Another v McLaren and others: ChD 4 Oct 2006

Re Camburn Petroleum Products Ltd: ChD 1979

The court heard a contributors’ petition. The directors were in deadlock with equal shareholdings. The petition was not making good progress, and a creditor’s petition was then issued. The shareholder sought a stay. Held: There was a sufficient allegation of insolvency in the petition, and it was right that the petition should be allowed to … Continue reading Re Camburn Petroleum Products Ltd: ChD 1979

McFarlane v McFarlane; Parlour v Parlour: CA 7 Jul 2004

Appeals were made against orders for periodical payments made against high earning husbands. The argument was that if the case of White had decided that capital should be distributed equally, the same should apply also to income. Held: The distinction between capital and income awards is no longer conclusive, having arisen in part from historical … Continue reading McFarlane v McFarlane; Parlour v Parlour: CA 7 Jul 2004

Bainbridge and others, Redcar and Cleveland Borough Council v Redcar and Cleveland Borough Council, Williams and others: EAT 31 Jan 2007

EAT Practice and Procedure – Compromise. Judges: The Honourable Mr Justice Elias (President) Citations: UKEAT/0424/06 and UKEAT/0031/07 Links: EAT Jurisdiction: England and Wales Citing: See Also – Redcar and Cleveland Borough Council v Bainbridge and others EAT 16-Oct-2006 EAT Equal pay in the North East. Women whose jobs had been rated as equivalent with comparator … Continue reading Bainbridge and others, Redcar and Cleveland Borough Council v Redcar and Cleveland Borough Council, Williams and others: EAT 31 Jan 2007

Donohue v Armco Inc and others: HL 13 Dec 2001

The appellant had sought injunctions against the respondent US companies to restrain their commencing proceedings in the US against him. The parties had negotiated for the purchase of the run-off liabilities of a defunct insurance company. Allegations included conspiracy to defraud. The agreements included exclusive jurisdiction clauses, requiring matters to be tried in England. The … Continue reading Donohue v Armco Inc and others: HL 13 Dec 2001

Miller and Others v Ministry of Justice: SC 16 Dec 2019

The issue in this appeal is when time starts to run for a claim by a part-time judge to a pension under the Part-time Workers’ Directive (Directive 97/81) (‘PTWD’), as applied by the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551). The Appeals were allowed. As judicial officers are not employed under … Continue reading Miller and Others v Ministry of Justice: SC 16 Dec 2019

Redcar and Cleveland Borough Council v Bainbridge and others: EAT 16 Oct 2006

EAT Equal pay in the North East. Women whose jobs had been rated as equivalent with comparator men (and in some cases had been rated higher) were paid less because of the effect of bonuses and other extra payments known as attendance allowances and wet weather payments. Disparate impact was conceded and indeed, in the … Continue reading Redcar and Cleveland Borough Council v Bainbridge and others: EAT 16 Oct 2006

G v G (Maintenance Pending Suit: Costs): FD 2003

The court considered the argument that a wife’s maintenance pending suit should be limited to her reasonable needs: ‘I do not accept that argument for the following reasons. The purpose of the 1970 Act was to change statutory provisions that were outdated and inadequate and to make a new start. Although the word ‘maintenance’ was … Continue reading G v G (Maintenance Pending Suit: Costs): FD 2003

AMEV-UDC Finance Ltd v Austin: 1986

High Court of Australia – Contract – Damages – Penalty – Agreement for hire of chattel – Failure to pay instalments of hire – Termination by owner pursuant to contractual power – Damages – Instalments due but unpaid – Damages for loss of contract.The court discussed the doctrine against penalties in contracts: ‘But equity and … Continue reading AMEV-UDC Finance Ltd v Austin: 1986

Zurich Insurance Plc UK Branch v International Energy Group Ltd: SC 20 May 2015

A claim had been made for mesothelioma following exposure to asbestos, but the claim arose in Guernsey. Acknowledging the acute difficultis particular to the evidence in such cases, the House of Lords, in Fairchild. had introduced the Special Rule at common law as to such evidence. In the UK, the 2006 Act had amended the … Continue reading Zurich Insurance Plc UK Branch v International Energy Group Ltd: SC 20 May 2015

Perceval-Price, and others v Department of Economic Development etc: CANI 12 Apr 2000

A full-time a full-time chairman of industrial tribunals, a full time chairman of social security appeal tribunals, and a social security commissioner are workers within the meaning of the European legislation, even though, by domestic legislation they were statutory officers, and so excluded from protection. The word ‘worker’ has a special community meaning, and it … Continue reading Perceval-Price, and others v Department of Economic Development etc: CANI 12 Apr 2000

Robinson v Chief Constable of West Yorkshire Police: SC 8 Feb 2018

Limits to Police Exemption from Liability The claimant, an elderly lady was bowled over and injured when police were chasing a suspect through the streets. As they arrested him they fell over on top of her. She appealed against refusal of her claim in negligence. Held: Her appeal succeeded. It is normally only in a … Continue reading Robinson v Chief Constable of West Yorkshire Police: SC 8 Feb 2018

Hertfordshire Police v Van Colle; Smith v Chief Constable of Sussex Police: HL 30 Jul 2008

Police Obligations to Witnesses is Limited A prosecution witness was murdered by the accused shortly before his trial. The parents of the deceased alleged that the failure of the police to protect their son was a breach of article 2. Held: The House was asked ‘If the police are alerted to a threat that D … Continue reading Hertfordshire Police v Van Colle; Smith v Chief Constable of Sussex Police: HL 30 Jul 2008

HM Revenue and Customs v Eclipse Film Partners No35 Llp: UTTC 22 Mar 2013

UTTC Procedure – costs – whether, in a case where the taxpayer has opted out of the Complex costs regime, the First-tier Tribunal has the power to order that the parties share the costs of the appellant complying with a direction for preparation of hearing bundles – Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules – … Continue reading HM Revenue and Customs v Eclipse Film Partners No35 Llp: UTTC 22 Mar 2013

Miller v Miller; M v M (Short Marriage: Clean Break): CA 29 Jul 2005

The parties contested ancillary relief where there had been only a short marriage, but where here were considerable family assets available for division. The wife sought to rely upn the husband’s behaviour to counter any argument as to the shortness of the marriage. The husband answered to say that she had declared that she would … Continue reading Miller v Miller; M v M (Short Marriage: Clean Break): CA 29 Jul 2005

OT Africa Line Ltd v Magic Sportswear Corporation and others: CA 13 Jun 2005

The parties to a contract had agreed that the proper law for the contract was England. One party commenced proceedings in Canada, and the courts of Canada had accepted jurisdiction as the most appropriate and convenient forum to resolve the dispute. Proceedings were also begun in England, and the original Canadian claimant now appealed a … Continue reading OT Africa Line Ltd v Magic Sportswear Corporation and others: CA 13 Jun 2005

Regina v RL and JF: CACD 28 Aug 2008

Club, not members, prosecutable for breach The Environment Agency appealed against dismissal of charges against the defendants who were officers in an unincorporated members’ golf club on whose land there had been pollution. The judge had ruled that the unincorporated association could have been prosecuted under the 1978 Act, and that a prosecution would not … Continue reading Regina v RL and JF: CACD 28 Aug 2008

Lloyds Bank plc v Rosset: CA 13 May 1988

Claim by a wife that she has a beneficial interest in a house registered in the sole name of her husband and that her interest has priority over the rights of a bank under a legal charge executed without her knowledge. The case raises a point of importance in the law of registered conveyancing. Shortly … Continue reading Lloyds Bank plc v Rosset: CA 13 May 1988

Grant v Edwards and Edwards: CA 24 Mar 1986

A couple were not married but lived together in Vincent Farmhouse in which the plaintiff claimed a beneficial interest on separation. The female partner was told by the male partner that the only reason for not acquiring the property in joint names was because she was involved in divorce proceedings and that, if the property … Continue reading Grant v Edwards and Edwards: CA 24 Mar 1986

Regina v Inland Revenue Commission ex parte Preston; In re Preston: HL 1984

Duty of Fairness to taxpayer – Written Assurance The applicant was assured by the Inland Revenue that it would not raise further inquiries on certain tax affairs if he agreed to forgo interest relief which he had claimed and to pay a certain sum in capital gains tax. Held: Where the lawfulness of the section … Continue reading Regina v Inland Revenue Commission ex parte Preston; In re Preston: HL 1984

Wilkinson v Kitzinger and others: FD 31 Jul 2006

The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction was an infringement of her human rights. Held: Such a relationship is recognised in England as a civil … Continue reading Wilkinson v Kitzinger and others: FD 31 Jul 2006

Gill v Woodall and Others: ChD 5 Oct 2009

The claimant challenged her late mother’s will which had left the entire estate to a charity. She asserted lack of knowledge and approval and coercion, and also an estoppel. The will included a note explaining that no gift had been made because she had been provided for. Held: The challenge to the will succeeded. The … Continue reading Gill v Woodall and Others: ChD 5 Oct 2009

Eclipse Film Partners No 35 Llp v HM Revenue and Customs: CA 17 Feb 2015

Appeal against closure notice. Sir Terence Etherton Ch, Christopher Clarke, Vos LJJ [2015] EWCA Civ 95 Bailii England and Wales Citing: See Also – Eclipse Film Partners No 35 Llp v Revenue and Customs SCIT 17-Feb-2009 SCIT Closure notice – application for direction to close enquiry into tax return – limited liability partnership – s … Continue reading Eclipse Film Partners No 35 Llp v HM Revenue and Customs: CA 17 Feb 2015

National Westminster Bank plc v Spectrum Plus Limited and others: HL 30 Jun 2005

Former HL decision in Siebe Gorman overruled The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority. Held: The appeal was allowed. The debenture, although … Continue reading National Westminster Bank plc v Spectrum Plus Limited and others: HL 30 Jun 2005

Eclipse Film Partners No 35 Llp v Revenue and Customs: CA 26 Feb 2014

The court was asked whether the First-Tier Tribunal (Tax Chamber) had jurisdiction to make an order that the costs of preparing hearing bundles for a substantive appeal by the appellant taxpayer should be shared equally between the taxpayer and the Commissioners for Her Majesty’s Revenue and Customs. Held; The taxpayer’s appeal failed. Moses, Black, Kitchin … Continue reading Eclipse Film Partners No 35 Llp v Revenue and Customs: CA 26 Feb 2014

Charterbridge Corporation Ltd v Lloyds Bank: ChD 1969

Pomeroy Developments (Castleford) Ltd (‘Castleford’) was one of a large group of companies headed by Pomeroy Developments Ltd (‘Pomeroy’). None of the companies ere subsidiaries of Pomeroy, but they had common shareholdings, directors, and officers. Pomeroy supervised the activities of the companies, provided office support, and carried out the acquisition and development of various sites. … Continue reading Charterbridge Corporation Ltd v Lloyds Bank: ChD 1969

Cobbe v Yeomans Row Management Ltd and Others: ChD 25 Feb 2005

Principles for Proprietary Estoppel A developer claimed to have agreed that upon obtaining necessary planning permissions for land belonging to the respondents, he would purchase the land at a price reflecting its new value. The defendant denied that any legally enforceable agreement existed. Claims were made for a constructive trust, proprietary estoppel and restitution. Held: … Continue reading Cobbe v Yeomans Row Management Ltd and Others: ChD 25 Feb 2005

Shergold v Fieldway Medical Centre: EAT 5 Dec 2005

The claimant had submitted a grievance complaining in general terms of the way in which she had been treated by a manager. She did not, however, refer to a particular incident relied on in her pleading as one of the two ‘last straw’ incidents that led to her resignation. The respondent contended that by reason … Continue reading Shergold v Fieldway Medical Centre: EAT 5 Dec 2005

Singh v Singh and Another: ChD 8 Apr 2014

The parties disputed ownership of various valuable properties. The father asserted that they were held under trusts following the Mitakshara Hindu code, under a common intention constructive trust. The son said that properties held in his own name were his own. Held: The considerable evidence did not establish an intent that the family property should … Continue reading Singh v Singh and Another: ChD 8 Apr 2014

Pettitt v Pettitt: HL 23 Apr 1969

A husband and wife disputed ownership of the matrimonial home in the context of the presumption of advancement.Lord Reid said: ‘These considerations have largely lost their force under present conditions, and, unless the law has lost its flexibility so that the courts can no longer adapt it to changing conditions the strength of the presumption … Continue reading Pettitt v Pettitt: HL 23 Apr 1969

Lloyds Bank plc v Rosset: HL 29 Mar 1990

The house had been bought during the marriage but in the husband’s sole name. The plaintiff’s charge secured the husband’s overdraft. The bank issued possession proceedings. Mr Rosset had left, but Mrs Rosset claimed, as against the bank an interest in it as the matrimonial home. She said there had been a common understanding or … Continue reading Lloyds Bank plc v Rosset: HL 29 Mar 1990

Autologic Holdings Plc and others v Commissioners of Inland Revenue: HL 28 Jul 2005

Taxpayer companies challenged the way that the revenue restricted claims for group Corporation Tax relief for subsidiary companies in Europe. The issue was awaiting a decision of the European Court. The Revenue said that the claims now being made by other companies should proceed through the Commissioners who could implement European law directly. The taxpayers … Continue reading Autologic Holdings Plc and others v Commissioners of Inland Revenue: HL 28 Jul 2005

Miller v Miller; McFarlane v McFarlane: HL 24 May 2006

Fairness on Division of Family Capital The House faced the question of how to achieve fairness in the division of property following a divorce. In the one case there were substantial assets but a short marriage, and in the other a high income, but low capital. Held: The 1973 Act gives only limited guidance on … Continue reading Miller v Miller; McFarlane v McFarlane: HL 24 May 2006

Goodwin v The United Kingdom: ECHR 11 Jul 2002

The claimant was a post operative male to female trans-sexual. She claimed that her human rights were infringed when she was still treated as a man for National Insurance contributions purposes, where she continued to make payments after the age at which a woman would have ceased payments thus causing harassment. A second claimant again … Continue reading Goodwin v The United Kingdom: ECHR 11 Jul 2002

Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004

Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004

Regina v Abu Hamza: CACD 28 Nov 2006

The defendant had faced trial on terrorist charges. He claimed that delay and the very substantial adverse publicity had made his fair trial impossible, and that it was not an offence for a foreign national to solicit murders to be carried out abroad. Held: The appeal failed. Murder is singled out as an offence even … Continue reading Regina v Abu Hamza: CACD 28 Nov 2006

Poulton v Ministry of Justice: CA 22 Apr 2010

The claimant was trustee in bankruptcy but the court failed to register the bankruptcy petition at the Land Registry as a pending action. The bankrupt was therefore able to sell her land, and the trustee did not recover the proceeds. The trustee sought to recover from the defendant who was responsible for the court service. … Continue reading Poulton v Ministry of Justice: CA 22 Apr 2010

Sandiford, Regina (on The Application of) v The Secretary of State for Foreign and Commonwealth Affairs: SC 16 Jul 2014

The appellant a British Citizen awaited execution in Singapore after conviction on a drugs charge. The only way she might get legal help for a further appeal would be if she was given legal aid by the respondent. She sought assistance both on Human Rights under article 6(2) and under common law. Held: The appeal … Continue reading Sandiford, Regina (on The Application of) v The Secretary of State for Foreign and Commonwealth Affairs: SC 16 Jul 2014

Chapman v Hearse, Baker v Willoughby: HL 26 Nov 1969

The plaintiff, a pedestrian had been struck by the defendant’s car while crossing the road. The plaintiff had negligently failed to see the defendant’s car approaching. The defendant had a clear view of the plaintiff prior to the collision, but was driving at an excessive speed or failing to keep a proper look-out or both. … Continue reading Chapman v Hearse, Baker v Willoughby: HL 26 Nov 1969

HM Revenue and Customs v Eclipse Film Partners No35 Llp; UTTC 22 Mar 2013

References: [2013] UKUT 1041 (TCC) Links: Bailii UTTC Procedure – costs – whether, in a case where the taxpayer has opted out of the Complex costs regime, the First-tier Tribunal has the power to order that the parties share the costs of the appellant complying with a direction for preparation of hearing bundles – Tribunal … Continue reading HM Revenue and Customs v Eclipse Film Partners No35 Llp; UTTC 22 Mar 2013

law index

Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index