Judges: Lord Justice Latham Lord Justice Brooke Lord Justice Maurice Kay Citations: [2005] EWCA Civ 983 Links: Bailii Statutes: Management of Health & Safety at Work Regulations 1999 Jurisdiction: England and Wales Citing: Leave – Bunning v G T Bunning and Sons Limited CA 9-Feb-2005 Application for leave to appeal. Leave granted but claimant warned … Continue reading Suzanne Bunning v G T Bunning and Sons Ltd: CA 27 Jul 2005
Application for leave to appeal. Leave granted but claimant warned as to likelihood of success. Judges: Lord Justice Wall Citations: [2005] EWCA Civ 104 Links: Bailii Statutes: Management of Health and Safety at Work Regulations 1999 16 Jurisdiction: England and Wales Citing: Cited – London Borough of Waltham Forest v Omilaju CA 11-Nov-2004 Final Straw … Continue reading Bunning v G T Bunning and Sons Limited: CA 9 Feb 2005
The defendant trespasser set out to stop the clearance of land for the construction of a new by-pass. He gave evidence that one or more of the tree-fellers was using a chainsaw but not wearing gloves and suggested that that raised the real possibility that he was committing an offence contrary to the 1992 Regulations … Continue reading Hibberd v Director of Public Prosecutions: Admn 27 Nov 1996
The claimant sought damages for personal injuries arising from exposure to depleted uranium whilst working for the defendant. An earlier claim had been compromised. The defendant denied liabilty and relied also on the compromise. Held: The evidence from expert witnesses was conflicting, but there was no sufficient evidence of exposure of the claimant to depleted … Continue reading David v Honeywell Normalair-Garrett Ltd: QBD 2 Mar 2006
The claimant was injured on a poolside on an ‘It’s a Knock Out’ fun day organised by the defendants. He suggested that the risk assessment was inadequate. Held: The claim failed. The question for decision is not whether adequate risk assessments had been undertaken, but whether the defendants took reasonable measures to ensure that the … Continue reading Uren v Corporate Leisure (UK) Ltd and Others: QBD 22 Jan 2010
The appellant care worker fell in snow when visiting the respondent’s client at home. At issue was the admission and status of expert or skilled evidence. Held: Mrs Kennedy’s appeal succeeded. ‘There are in our view four considerations which govern the admissibility of skilled evidence: (i) whether the proposed skilled evidence will assist the court … Continue reading Kennedy v Cordia (Services) Llp: SC 10 Feb 2016
EAT Unfair Dismissal: Dismissal/Ambiguous Resignation – Discrimination due to pregnancy. The claimant was employed by the respondent as a housekeeper. She was asked about the quality of her work by the head housekeeper, who knew that she was pregnant. The claimant became upset and left the premises, phoning the head housekeeper shortly afterwards to say … Continue reading The Kilmarnock Football Club Ltd v Ross: EAT 28 May 2014
The respondent, Mrs Kennedy was working for the reclaimers as a carer. She had been injured walking up a snowy client’s path. The reclaimer appealed against an award for damages after a finding that she should have been provided with grips for her feet in these conditions. Held: The reclaimer was granted. The Lord Ordinary … Continue reading Kennedy v Cordia (Services) Llp: SCS 19 Sep 2014
Outer House – damages after carer’s fall in snow. Held: The Outer House found Cordia liable under the PPE Regulations, the Management Regulations, and the common law. Both risk assessments for Cordia had been faulty.Lord McEwan summarised the expert evidence: He then looked at the risk assessments. Agreeing in general with the later evidence of … Continue reading Kennedy v Cordia (Services) Llp: SCS 7 Aug 2013
Each claimant sought Frankovich damages alleging a failure to implement European law leading to a loss.
Held: Such a claim was available against the government after it had failed to implement the Directive so as to provide them with the . .
The University applied to have struck out the claim by the claimant for damages alleging negligence in its teaching leading to a lower class degree than he said he should have been awarded. Held: Strike out on the basis that the claim was bound to fail was refused. Nor was the claim bound to fail … Continue reading Siddiqui v University of Oxford: QBD 5 Dec 2016
Case management – CDM with fluctuating capacity Judges: Newton J Citations: [2019] EWCOP 32, [2019] 4 WLR 130 Links: Bailii Jurisdiction: England and Wales Health Updated: 09 December 2022; Ref: scu.642834
Prosecution to protect defendant not available The claimants faced extradition to the US. They said that the respondent had infringed their human rights by deciding not to prosecute them in the UK. There was no mutuality in the Act under which they were to be extradited. Held: The Director had a discretion as to whether … Continue reading Bermingham and others v The Director of the Serious Fraud Office: QBD 21 Feb 2006
The applicant had been convicted of offences relating to the management of his nursing home, and had been struck off the Register of Nurses. Held: It was no defence to the criminal charges that a member of staff had failed in her duties. The defence available to offences of showing that he had taken all … Continue reading Balamoody v United Kingdom Central Council; Balamoody v Manchester City Magistrates’ Court: Admn 10 Jun 1998
The claimant was employed as a dinner lady at a junior school. Whilst supervising playtime, a child jumped on her, causing her injury. The council appealed a finding of negligence. The boy had been recognised as being in need of special management for his behaviour, and had behaved in a similar fashion before. There were … Continue reading Moore v Kirklees Metropolitan Council: CA 30 Apr 1999
Appeal from a case management decision in care proceedings refusing an application by a parent with a learning disability for an intermediary assessment and the appointment of an intermediary. Citations: [2020] EWCA Civ 763 Links: Bailii Jurisdiction: England and Wales Litigation Practice, Health Updated: 06 December 2022; Ref: scu.651716
The Claimant was a police officer who was transferred from her Response Team to the Crime Management Hub after she became pregnant. There had been a risk assessment indicating that she could safely remain with the Response Team if certain adjustments were made but the Devon and Cornwell Police had a general policy that police … Continue reading Devon and Cornwall Police v Town (Sex Discrimination): EAT 10 Sep 2020
The Coroner, conducting an investigation into a person’s death, issued notices under para 1(2) of Schedule 5 to the Coroners and Justice Act 2009, requiring the Revenue and Customs Commissioners to provide occupational information concerning the deceased for the purpose of investigating whether he had died as a result of an industrial disease. The Commissioner … Continue reading Revenue and Customs, Regina (on The Application of) v HM Coroner for The City of Liverpool: Admn 21 May 2014
Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999
The claimant sought damages for severe injuries suffered by their child at birth, and now appealed finding that the doctor had not been negligent. The allegation was simply that the injury could not have occurred but for negligence in the defendant. The doctor replied that he had taken due care and that other experts at … Continue reading Lillywhite and Another v University College London Hospitals’ NHS Trust: CA 7 Dec 2005
The section at issue imposed a duty upon a tribunal to which the Act applies or any minister who makes a decision after the holding of a statutory inquiry to give reasons for their decision, if requested. A record of the reasons for a decision must meet the requirement that reasons must be adequate to … Continue reading Re Poyser and Mills’ Arbitration: 1963
Ex turpi causa non oritur actio A claim was made for the price of goods which the plaintiff sold to the defendant in Dunkirk, knowing that the defendant’s purpose was to smuggle the goods into England. The plaintiff was met with a defence of illegality. Held: The defence failed. Knowledge on the part of the … Continue reading Holman v Johnson: 5 Jul 1775
The applicant sought leave to appeal against a decision disallowing his complaint at his claim for race discrimination being struck out as scandalous, frivolous or vexatious. He said that the Tribunal had dismissed his claim without giving him opportunity to present the facts on which it was based. Held: Given the decision on Roffey, the … Continue reading Balamoody v United Kingdom Central Council for Nursing: CA 14 May 2001
The claimant, ‘S’, claimed damages for his alleged unlawful immigration detention in Corby Police Station and Colnbrook and Harmondsworth IRCs between 3 December 2011 and 21 March 2012 and for the alleged series of significant breaches by the defendant, of the policies relating to immigration detention, the detaining of those suffering from serious mental illness … Continue reading S, Regina (on The Application of) v Secretary of State for The Home Department: Admn 28 Jan 2014
The Claimant was a police officer who was transferred from her Response Team to the Crime Management Hub after she became pregnant. There had been a risk assessment indicating that she could safely remain with the Response Team if certain adjustments were made but the Devon and Cornwell Police had a general policy that police … Continue reading Kaler v Insights ESC Ltd (Disability Discrimination): EAT 25 Sep 2020
The hospital sought a declaration that it had no obligation to provide a kidney transplant to an eighteen year old youth who had had very severe disabilities since birth. It was argued that his mental condition meant that he would be unable to cope with the stress and changes involved in the operation. Held: ‘When … Continue reading An Hospital NHS Trust v S (By her Litigation Friend the Official Solicitor) And DG (S’s Father) and SG (S’s Mother): FD 6 Mar 2003
The claimant sought damages. The respondent had acted as an adoption agency but had failed to disclose all relevant information about the child. Held: Any such duty extended only during the period where the child was with the prospective adopters pending their decision on adoption. Hale LJ: ‘Whenever the question of a common law duty … Continue reading A and Another v Essex County Council: CA 17 Dec 2003
The second defendant insurers appealed against a refusal by the court to allow it to withdraw an admission of liability in respect of a road traffic accident. The insurer said that the fact that it now saw the accident as fraudulent was an exceptional circumstance such as to allow the change. Held: The appeal failed. … Continue reading Dar v Vonsak and Another: QBD 17 Dec 2012
The parties had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in court, but the plaintiff said that his wife had known the true position. He … Continue reading J v S T (Formerly J): CA 21 Nov 1996
EAT UNFAIR DISMISSAL – Reasonableness of dismissal The Appellants, the social worker responsible for the care of Baby P and her team manager, were held not to have been unfairly dismissed by Haringey for their respective failures in dealing with this case. The Employment Tribunal did not err in concluding that the Respondent was not … Continue reading Christou and Another v London Borough of Haringey: EAT 21 Feb 2012
Three local authorities disputed whether a contract had been made between them, and if so its terms, as to the financial support of a leisure centre. Held: Later legislation need not frustrate agreement between the parties.Hirts LJ said: ‘the agreement was in my judgment frustrated by supervening illegality . . the parties having covenanted to … Continue reading Islwyn Borough Council and Another v Newport Borough Council: CA 28 Jun 1993
Vulnerable Parties – Article 6 ECHR – PD1A – Case Management – Split Trial – Disability – Brain Injury – Personal Injury – Psychosis – Ptsd – Mental Health – Equal Treatment Bench Book – adjustments – disability adjustments appointment – Les Miserables Judges: Dr Victoria Mccloud, a Master of the Senior Courts King’S Bench … Continue reading AXX v Zajac: KBD 5 Oct 2022
PENALTY for late filing of personal income tax returns – whether a reasonable excuse had been shown for the late filing – Appellant suffering ill-health – medical evidence relating to periods after the due dates for filing the returns – No reasonable excuse found – appeal dismissed Citations: [2011] UKFTT 747 (TC) Links: Bailii Jurisdiction: … Continue reading Sekhri v Revenue and Customs: FTTTx 18 Nov 2011
The claimant suffered depression, and complained that the respondent’s reduction in her pay after long periods of sickness was discriminatory. She appealed decisions that it was not. She said that a reasonable adjustment would have been to continue her sick pay unreduced. Held: The claim was unrealistic since it did not recognise the effect of … Continue reading O’Hanlon v Revenue and Customs: CA 30 Mar 2007
The claimant advanced funds to the respondent for him to invest in a bank of which the claimant had insider knowledge. In fact the defendant did not invest the funds, the knowledge was incorrect. The defendant however did not return the sums advanced, saying he need not return it because the contract was for an … Continue reading Patel v Mirza: SC 20 Jul 2016
The claimant was disabled, and sought sterilisation because she feared the additional difficulties she would face as a mother. The sterilisation failed. She sought damages. Held: The House having considered the issue in MacFarlane only recently it was inappropriate to change the rules set down in that case. Nothing had been put forward to argue … Continue reading Rees v Darlington Memorial Hospital NHS Trust: HL 16 Oct 2003
The claimants were involved in a group litigation with regard to the removal of organs without consent from deceased children. The defendant sought an order capping the costs which might be claimed. Held: In GLO cases the desirability of ensuring that costs are kept within bounds makes it unnecessary for the court to require exceptional … Continue reading A B and others v Leeds Teaching Hospitals NHS Trust: QBD 9 May 2003
EAT A claim was made for sex discrimination. The tribunal considered the approach to be taken in the absence of a real comparator. Held: The tribunal had been correct to construct an hypothetical comparator. from how the employers treated actual unidentical, but not wholly dissimilar, cases.‘Where there is no evidence as to the treatment of … Continue reading The Chief Constable of West Yorkshire v Vento: EAT 8 Jun 2000
Europa Appeal – Competition – Management bodies of the Spanish national health system – Medical treatment – Definition of ‘undertaking’ – Payment conditions imposed on suppliers of medical goods and equipment. Citations: C-205/03, [2006] EUECJ C-205/03 Links: Bailii, Bailii, Bailii Jurisdiction: European European Updated: 14 September 2022; Ref: scu.243087
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the Convention, that the deputy controller was not an independent tribunal and that the … Continue reading Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005
Where a trustee acts under a discretion given to him by the terms of the trust the court will interfere with his action if it is clear that he would not have so acted as he did had he not failed to take into account considerations which he ought to have taken into account. The … Continue reading Mettoy Pension Trustees v Evans: ChD 1990
EAT CONTRACT OF EMPLOYMENT – Disciplinary and grievance procedure UNFAIR DISMISSAL – Reason for dismissal including substantial other reason (1) An employee who has been dismissed because of the breakdown of working relationships between himself and his colleagues (irrespective of whether he had been responsible for, or had contributed to, that breakdown) had not had … Continue reading Ezsias v North Glamorgan NHS Trust: EAT 18 Mar 2011
A ticket inspector, following an altercation with a passenger during which strong words were exchanged, had held the passenger in a headlock. The court had found this to be within the course of his employment so as to make the employer vicariously liable. Held: The company’s appeal failed. Buxton LJ said: ‘His job was to … Continue reading Fennelly v Connex South Eastern Ltd: CA 11 Dec 2000
EAT Practice and Procedure Employment Tribunal Chairman, after a Case Management and Directions Hearing to delineate issues and set timetable for May hearing, delayed for three months before delivering Decision, and then imposed timetable retrospective to the Case Management Hearing: and then refused joint application by the parties for adjournment of the trial date of … Continue reading Sinclair Roche and Temperley (A Firm) v Heard, Fellows: EAT 12 Apr 2005
VALUE ADDED TAX RETURN – failure to furnish return – misdeclaration – failure to pay tax due – reasonable excuse – reliance on any other person – reliance on employed accountant – accountant responsible for late payment and misdeclaration – whether accountant’s ill health reasonable excuse for default – Value Added Tax Act 1994, section … Continue reading Pinnacle Office Equipment Ltd v Revenue and Customs: FTTTx 11 May 2010
The claimant had sought and been refused judicial review of a decision of the SIAC Upper Tribunal. The Upper Tribunals were designated as courts of superior record, and the court at first instance had said that SIACs specialist procedures and jurisdiction meant that it was amenable to judicial review, but only on grounds of excess … Continue reading Cart, Regina (on The Application of) v The Upper Tribunal and Others: CA 23 Jul 2010
ECJ Failure of a Member State to fulfil obligations – Environment Directive 2006/12/EC Articles 4 and 5 – Waste management Management plan Integrated and adequate network of disposal installations – Danger for human health or the environment Force majeure Civil disturbances – Organised crime Judges: Bonichot, P Citations: C-297/08, [2010] EUECJ C-297/08 Links: Bailii Statutes: … Continue reading Commission v Italy (Environment And Consumers): ECJ 4 Mar 2010
Tour guides were engaged to act ‘on a casual as required basis’. The guides later claimed to be employees and therefore entitled by statute to a written statement of their terms of employment. Their case was that an exchange of correspondence between the parties in March 1989 constituted a contract, which was to be classified … Continue reading Carmichael and Another v National Power Plc: HL 24 Jun 1999
Three prisoners raised questions as to the circumstances in which the Parole Board is required to hold an oral hearing before making an adverse decision. One of the appeals (Osborn) concerned a determinate sentence prisoner who was released on licence but then recalled to custody. The other appeals (Booth and Reilly) were indeterminate sentence prisoners … Continue reading Osborn v The Parole Board: SC 9 Oct 2013
(Canadian Supreme Court) The court considerd the doctrine of vicarious liability: ‘The policy purposes underlying the imposition of vicarious liability on employers are served only where the wrong is so connected with the employment that it can be said that the employer has introduced the risk of the wrong (and is thereby fairly and usefully … Continue reading Bazley v Curry: 17 Jun 1999
Loss of Confidentiality Protection – public domain A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations made. The AG sought to restrain those publications. Held: A duty of confidence … Continue reading Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988
Procedures on Withdrawal of Life Support Treatment The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court of Appeal permitting the action. Held: The appeal failed. … Continue reading Airedale NHS Trust v Bland: HL 4 Feb 1993
EAT PRACTICE AND PROCEDURECase managementOn remission to the Employment Tribunal by the EAT, a CMD set out the issues to be heard. The full range of the Claimant’s 12 strands of discrimination was not to be determined but only considered as background to two claims. There was no appeal against that agreed order so the … Continue reading Johnson v Edwardian International Hotels Limited: EAT 23 Jul 2009
Inner House – The house considered a reclaiming motion (appeal) as to the lawfulness of a decision by the respondents to prohibit smoking and the possession of tobacco in the buildings and grounds of the State Hospital, Carstairs. The Board submitted that the 2003 Act principles did not apply to the impugned decision, that Mr … Continue reading Reclaiming Motion Charles McCann v The State Hospital Board for Scotland: SCS 12 Aug 2014
The complainant said that the system under which he had been declared unfit to be involved in the management of an insurance company was unfair. Citations: 28530/95, [1998] ECHR 117, (1998) 25 EHRR CD88, 25 EHRR CD88 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Wright and Others, … Continue reading X v United Kingdom: ECHR 19 Jan 1998
The claimant complained of an irregularly obtained judgment. The defendant had obtained an amendment to a writ of sequestration in the course of a bitterly fought dispute bewteen the defendant and the owner of the claimant. The judge had found the irregularity proved, but declined to set the order aside. The claimant now said that … Continue reading Tombstone Ltd v Raja and Another; Raja v Van Hoogstraten and others (No 9): CA 17 Dec 2008
EAT STATUTORY DISCIPLINE AND GRIEVANCE PROCEDURES Whether infringed The employment judge held that the two claimants had complied with the statutory grievance procedures and that the Tribunal had jurisdiction to hear their claims for constructive unfair dismissal. He did so, however, in part by treating an ET1 as constituting a grievance. That was contrary to … Continue reading Step In Time Ltd v Fox and Another: EAT 3 Nov 2008
EAT WORKING TIME REGULATIONS NATIONAL MINIMUM WAGE A care worker in a residential home who was provided with accommodation so that she could discharge her duty to be on call for the residents 11 hours a night, 7 nights a week, was entitled to treat those hours as working time for the purposes of the … Continue reading Hughes v Jones and Another: EAT 3 Oct 2008
EAT DISABILITY DISCRIMINATION Disability / Disability related discrimination / Reasonable adjustments JURISDICTIONAL POINTS >2002 Act and pre-action requirements The date of disability is a fact found by an Employment Tribunal on the basis of medical and other evidence. When a consultant gave a range of dates for the onset of a condition, the Employment Tribunal … Continue reading Cumbria Probation Board v Collingwood: EAT 28 May 2008
Europa Directive 96/62/EC – Ambient air quality assessment and management – Fixing of limit values – Entitlement of a third party, whose health has been impaired, to have an action plan drawn up. Citations: C-237/07, [2008] EUECJ C-237/07 Links: Bailii Jurisdiction: European Environment Updated: 18 July 2022; Ref: scu.271124
The officer had retired on ill health grounds, and now sought damages from his chief constable saying that the duties imposed on him had been excessive, and had caused his injury by negligence, and that he had been bullied by co-workers and had not been given appropriate support by the defendant. Held: The allegations of … Continue reading Clark v The Chief Constable of Essex Police: QBD 18 Sep 2006
EAT Unfair Dismissal – Constructive dismissal The Employment Tribunal found that an employee had been constructively dismissed in circumstances where he resigned following his employers’ refusal to pay him benefits under an ‘Injury on Duty’ scheme. The tribunal found that, in so doing, the employers had acted as no reasonable employer would have done and … Continue reading G4S Security Services (UK) Ltd v Grant: EAT 8 May 2007
The claimant designed games software and complained of infringements by the defendant of licensing agreements by failing to allow audits as required. Held: The defendant should be allowed to be heard on the standard practices for management of payment of software royalties. The defendant’s appeal would be allowed to that extent only. Judges: Chadwick, Scott … Continue reading Sawyer v Atari Interactive Inc: CA 2 Mar 2007
EAT Equal Pay Act – Material factor defence – In an equal pay claim involving a presumption of direct discrimination the genuine material factor defence requires justification by objective criteria.The claimant appealed dismissal of her action for equal pay, saying that the ‘material factor’ defence used to justify a different payment had been incorrectly applied. … Continue reading Sharp v Caledonia Group Services Ltd: EAT 1 Nov 2005
The claimant said that he had been indirectly discriminated against on racial grounds. He was dismissed after being elected as a local councillor for the BNP. The employer considered that for Health and Safety reasons, his dismissal was necessary because of the upset and disturbance his continued employment would create with Asian co-workers and passengers. … Continue reading A C Redfearn v Serco Ltd T/A West Yorkshire Transport Service: EAT 27 Jul 2005
The applicants occupied a house as licensees. An order for possession was made against them. The company was a charitable company set up to provide accomodation in communities for handicapped adults. The workers in the communities were not formally salaried, but the Inland Revenue had taxed the benefits received. It was argued for them at … Continue reading Koeller and Another v Coleg Elidyr (Camphill Communities Wales) Ltd: CA 12 Jul 2005
Incapacity – Partial Insanity – Curator Bonis – Appointment on Petition – Opposition of Alleged Lunatic – Necessity of Cognition – No Absolute Title to Cognition.In a petition at the instance of a wife for the appointment of a curator bonis to her husband, who was a medical man of considerable property, and at the … Continue reading Dewar v Dewar: HL 25 Jun 1891
The claimant sought damages in negligence from education officers employed by the respondent. He appealed refusal of his claim. A statement of special education needs had been made which he said did not address his learning difficulties. The authority, relying on Gorringe, said it was fulfilling a purely statutory duty. Held: Courts had not previously … Continue reading Carty v London Borough of Croydon: CA 27 Jan 2005
The Claimants were employed to deliver food to aircraft at airports, loading and unloading food from the aircraft. Between loadings, they were on down time – not physically working, but required to remain in radio contact with their employers, and at their disposal. The employers argued that since the employees would get 20 minutes’ rest … Continue reading Gallagher and others v Alpha Catering Services Ltd: CA 8 Nov 2004
The claimant and defendant claimed defamation of each other in cross claims as to postings made on internet newsgroups messages. Mr P said that the defendant had not been identified in the defamation alleged against Mr P. The defendant had been identified by his email address. The claimant appealed against the judgment given dismissing his … Continue reading Pepin v Taylor: CA 10 Oct 2002
The claimant suffered back pain for which she required neurosurgery. The operation was associated with a 1-2% risk of the cauda equina syndrome, of which she was not warned. She went ahead with the surgery, and suffered that complication. The evidence established that cauda equina syndrome was a random and inherent risk of the surgery, … Continue reading Chester v Afshar: HL 14 Oct 2004
The appellant sought to enforce a international arbitration award against the respondent. The award was made under an arrangement which later became unlawful on Romania’s accession to the EU, and Romania obtained s stay pending resolution by the CJEU. Held: The stay was lifted. Judges: Lady Hale, Lord Reed, Lord Hodge, Lord Lloyd-Jones, Lord Sales … Continue reading Micula and Others v Romania: SC 19 Feb 2020
The claimant had complained that a decision of the respondent to cancel his nursing home registration was unlawful racial discrimination. He now appealed a decision to strike out his claim as vexatious and frivolous. Held: It was not clear that the Employment Appeal Tribunal had power to dismiss an appeal and the case should go … Continue reading Balamoody v UKCC for Nursing Midwifery and Home Visitors: EAT 15 Oct 1999
Appeal against case management directions given by Peter Smith J. Judges: Elias, Gloster LJJ, Sir Bernard Rix Citations: [2015] EWCA Civ 1024, [2015] WLR(D) 411, [2016] Bus LR 145 Links: Bailii, WLRD Jurisdiction: England and Wales Citing: Cited – Quinn v Leathem HL 5-Aug-1901 Unlawful Means Conspiracy has two formsQuinn was treasurer of a Belfast … Continue reading Air Canada and Others v Emerald Supplies Limited and Others: CA 14 Oct 2015
The court considered the nature of the detention of a defendant when he was found unfit to plead. Rose LJ said: ‘The old orders available to the courts [including the hospital order with restrictions] do not include any punishment or any order that can be seen as retributive or deterrent. With the exception of an … Continue reading Regina v M and Others: CACD 5 Oct 2001
The court was asked to decide whether the taxpayer’s house was his principal home. Buckley LJ discussed the nature of ‘residence’: ‘A man may have homes in more than one country at one time. In such a case, for the purpose of determining his domicile, a further enquiry may have to be made to decide … Continue reading Inland Revenue Commissioners v Bullock: CA 1976
Citations: [2003] EAT 0079 – 03 – 0406, [2003] UKEAT 0079 – 03 – 0406 Links: Bailii, Bailii Jurisdiction: England and Wales Citing: See Also – Balamoody v Manchester Health Authority EAT 12-Nov-2001 The Tribunal heard a preliminary application in a claim for unlawful race discrimination. Earlier applications had been struck out. This second set … Continue reading Ballamoody v Nursing and Midwifery Council: EAT 4 Jun 2003
The court set down detailed guidelines for sentencing for smuggling, but stated they were not to be treated as a straitjacket. Held: The principle factors will be the level of duty evaded, the sophistication of methods used, the defendant’s position in the organisation, and personal profit. Aggravating factors included, organising, repetition after warnings, professionalism, abuse … Continue reading Regina v Czyzewski; Regina v Bryan; Regina v Mitchell; Regina v Diafi; Regina v Ward: CACD 16 Jul 2003
The applicant was a senior officer seconded to the National Crime Squad. He complained that his secondment had been terminated in a manner which was unfair, and left him tainted without opportunity to reply. He appealed against rejection of his request for judicial review. Held: The appeal failed. Operational matters within the police service, save … Continue reading Regina (Tucker) v Director General of the National Crime Squad: CA 17 Jan 2003
The patient refused consent to treatment in the form of injection of drugs, which her psychiatrists considered to be necessary. Held: Treatment of this nature infringed the patients rights, and was not to be ordered without clear reason. The doctors had to show that it was a medical necessity, and this had to be shown … Continue reading Regina (N) v Dr M and Others: CA 6 Dec 2002
The applicant sought to appeal against a refusal of leave to appeal against an arbitration. There had been some delay for the applicant’s health. Held: Leave to appeal having been refused there was no further right of appeal under the 1999 Act. A court will not entertain judicial review proceedings where an alternative remedy subsists. … Continue reading Regina (on the Application of Sivasubramaniam) v Wandsworth County Court: Admn 13 Dec 2001
Mrs Jorgensen, a specialist rheumatologist, complained about a rule which meant that, if she sold her practice, it would, because of its turnover, be treated as a part-time practice and subject to a cap on the fees it could receive from the Danish national health authorities. She argued that this was indirectly discriminatory on grounds … Continue reading Jorgensen v Foreningen Speciallaeger and another: ECJ 6 Apr 2000
The applicant had been employed for a short period. He was dismissed, and he claimed that this was because he had made a protected disclosure in complaining about the respondent’s health and safety practices. He had applied for interim relief. The respondent company had asked that the claim be treated as vexatious, and at the … Continue reading Parkins v Sodexho Ltd: EAT 22 Jun 2001
(Judgment) 1 Appeals – Pleas in law – Only pleas in law supported by legal argument admissible (EC Treaty, Art. 168a; EC Statute of the Court of Justice, Art. 51; Rules of Procedure of the Court of Justice, Art. 112(1)(c)) 2 Appeals – Pleas in law – Inadequate reasoning – Principle of sound management – … Continue reading de Rijk v Commission: ECJ 29 May 1997
Before the appeal had been concluded under section 45(3), one of the two commissioners was incapacitated. The taxpayer appealed the refusal of a de novo hearing and the replacement of the tax commissioner. Held: The reconstitution of the panel did not require the consent of the parties. The balance of authority was that the incapacity … Continue reading Hitch, Regina (on the Application of) v Commissioners for the Special Purposes of the Income Tax Acts: Admn 4 Mar 2005
The claimant had sought damages against his employer, saying that they had failed in their duty to him under the 1997 Act in failing to prevent harassment by a manager. He appealed a strike out of his claim. Held: The appeal succeeded. The issue is whether an employer may be vicariously liable under section 3 … Continue reading Majrowski v Guy’s and St Thomas’ NHS Trust: CA 16 Mar 2005
The claimant Union claimed that the defendant should recognise the game of bridge as a sport. The defendant had adopted a definition from Europe which required physical activity, and the Union said that this was a misconstruction of its Royal Charter. The result would substantiallyy affect support for the game. Held: The request for review … Continue reading English Bridge Union Ltd, Regina (on The Application of) v The English Sports Council and Others: Admn 15 Oct 2015
The House was asked whether a particular transaction was ‘an adventure in the nature of trade’. Held: Although the House accepted that this was ‘an inference of fact’, on the primary facts as found by the Commissioners ‘the true and only reasonable conclusion’ contradicted that decision. The House set out principles for establishing that decisions … Continue reading Edwards (Inspector of Taxes) v Bairstow: HL 25 Jul 1955
The distinction between the court’s ‘custodial’ and ‘protective’ jurisdictions was recognised. The case concerned the ordering of blood tests with a view to determining the paternity of a child involved in divorce proceedings. This was not a matter of upbringing in which the child’s interests (which might well be prejudiced by a finding that he … Continue reading S v McC; W v W: HL 1972
The 1812 Act provided for the draining, enclosing and improving of a fen which was common land. Under the Act the grass growing on various roadways was vested in the surveyor of highways, who had power to let it for the pasturage of ‘sound and healthy sheep’ but with an express prohibition of other animals. … Continue reading Neaverson v Peterborough Rural District Council: ChD 1902
The defendants appealed a finding of professional negligence in their handing of a case in which a mare had miscarried. It was claimed that he had failed to spot a retained placenta. The laminitis she then suffered (found caused by negligence) led to a later miscarriage. Held: The expert evidence had been in favour of … Continue reading Calver v Westwood Veterinary Group: CA 24 Nov 2000
An employment tribunal had no power to dismiss a claim as without a reasonable prospect of success before it was begun to be heard. The power to regulate its own hearings did not include such a power, and the power to dismiss a claim as frivolous or vexatious, or for failure to comply with directions … Continue reading Care First Partnership Ltd v Roffey and Others: CA 22 Nov 2000
Courts should take additional powers under the Act for the management and implementation of care plans made in care proceedings. In these cases, an order had been made on the basis of a care plan which subsequently proved impossible to implement, and in the second case, decisions might better have been deferred until some situation … Continue reading In Re W and B (Children: Care Plan) In Re W (Child: Care Plan): CA 7 Jun 2001
Browne-Wilkinson J noted that the Employment Tribunals operate under their own rules and said: ‘It is to be remembered that industrial tribunals are statutory bodies whose powers are exclusively conferred and regulated by statute. They have no inherent jurisdiction: any jurisdiction they have has to be found in their regulating statutory provisions.’ Judges: Browne-Wilkinson J … Continue reading Kelly v Ingersoll-Rand Co Ltd: 1982
Fletcher Moulton LJ considered the rule allowing a case to be struck out as an abuse of process: ‘Now it is unquestionable that, both under the inherent power of the Court and also under a specific rule to that effect made under the Judicature Act, the Court has a right to stop an action at … Continue reading Dyson v Attorney General: CA 1911
The managers had taken on the management of the ship. In the course of a dispute, the managers had the ship arrested whilst in Capetown. The owners had to obtain a bank guarantee to secure its release, and sought the interest payments on the overdaft it had had to incur in order to take out … Continue reading Compania Financiera v Hamoor Tanker Corporation (‘the Borag’): CA 1981
Dr Trapp had been dismissed from his post by the Aberdeenshire Education Committee of which Mr Mackie was chairman. Dr Trapp petitioned the Secretary of State for an inquiry into the reasons for his dismissal. An inquiry was set up, and in the course of that inquiry Mr Mackie gave evidence. On the basis of … Continue reading Trapp v Mackie: HL 1979
Doctors working in primary health care teams are subject to the Working Time Directive. They are not to be assimilated as public service workers alongside emergency services. All time on call was working time and overtime if present at a health centre, but if merely contactable then the rules applied to the time actually spent. … Continue reading Sindicato de Medicos de Asistancia Publica (SIMAP) v Colsilieria de Sanidad y Consumo de la Generalidad Valenciana: ECJ 3 Oct 2000
There had been an honest misstatement made by a son about his father’s health in a proposal form for a life insurance. The proposal form was made ‘the basis of the contract’ and there was a further provision in the policy that it could be avoided if the insured had made any ‘fraudulent or untrue’ … Continue reading Holmes v Scottish Legal Life Assurance Society: KBD 1932
Lindley LJ described the basis of rules allowing a case to be struck out for being ‘scandalous, frivolous or vexatious’, ‘It appears to me that the object of the rule [Order XXV, rule 4] is to stop cases which ought not to be launched -cases which are obviously frivolous or vexatious, or obviously unsustainable . … Continue reading Attorney General of the Duchy of Lancaster v London and North Western Railway Company: 1892