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Council of The City of Newcastle Upon Tyne v Marsden (Rev 1): EAT 23 Jan 2010

EAT PRACTICE AND PROCEDURE – Review Claim under Disability Discrimination Act 1995 dismissed at PHR because Claimant not available to give evidence as to long-term effect of injury – Judge willing to offer adjournment if absence of Claimant had been explained and adjournment applied for – Counsel tells Judge that he does not know reason … Continue reading Council of The City of Newcastle Upon Tyne v Marsden (Rev 1): EAT 23 Jan 2010

The Federal Republic of Nigeria v Ogbonna: EAT 12 Jul 2011

nigeria_ogbonnaEAT2011 EAT JURISDICTIONAL POINTS – State immunityA claim for compensation for psychiatric illness caused by unlawful discrimination is a claim for ‘personal injury’ within the meaning of section 5 of the State Immunity Act 1978 and an employment tribunal accordingly has jurisdiction to entertain such a claim by an employee of a state even if … Continue reading The Federal Republic of Nigeria v Ogbonna: EAT 12 Jul 2011

D v National Society for the Prevention of Cruelty to Children: HL 2 Feb 1977

Immunity from disclosure of their identity should be given to those who gave information about neglect or ill treatment of children to a local authority or the NSPCC similar to that which the law allowed to police informers. Lord Simon of Glaisdale said: ‘I cannot leave this particular class of relevant evidence withheld from the … Continue reading D v National Society for the Prevention of Cruelty to Children: HL 2 Feb 1977

Jones v Kaney: SC 30 Mar 2011

An expert witness admitted signing a joint report but without agreeing to it. The claimant who had lost his case now pursued her in negligence. The claimant appealed against a finding that the expert witness was immune from action. Held: The appeal succeeded. The immunity from civil suit in negligence or contract for an expert … Continue reading Jones v Kaney: SC 30 Mar 2011

NML Capital Ltd v Argentina: SC 6 Jul 2011

The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets in the UK. They argued that the terms of issue waived state immunity. Held: The … Continue reading NML Capital Ltd v Argentina: SC 6 Jul 2011

Rondel v Worsley: HL 1967

Need for Advocate’s Immunity from Negligence The appellant had obtained the services of the respondent barrister to defend him on a dock brief, and alleged that the respondent had been negligent in the conduct of his defence. Held: The House considered the immunity from suit of barristers acting in court. An advocate should remain immune … Continue reading Rondel v Worsley: HL 1967

Fothergill v Monarch Airlines Ltd: HL 10 Jul 1980

The plaintiff, on arriving at the airport found that his luggage had been lost. The defendant denied liability saying he had not notified his claim within the requisite period.
Held: Elementary justice requires that the rules by which the . .

BP Exploration Operating Co Ltd v Chevron Transport (Scotland): HL 18 Oct 2001

A ship owned by the defenders caused substantial damage whilst moored at the claimant’s docks. The claim was made against different members of the defendants as they asserted and denied responsibility. The last company asserted that the claim was . .

Oakley Inc v Animal Ltd and others: PatC 17 Feb 2005

A design for sunglasses was challenged for prior publication. However the law in England differed from that apparently imposed from Europe as to the existence of a 12 month period of grace before applying for registration.
Held: Instruments . .

L R Avionics Technologies Ltd v The Federal Republic of Nigeria and Another: ComC 15 Jul 2016

Whether activities outsourced by a state retained immunity under the 1978 Act. . .

Kadre v Government of France and Another: Admn 29 Jul 2005

The applicant sought habeas corpus to prevent his extradition to France.
Held: The English court was not to be concerned with facts underlying an extradition request. The laws of France were framed differently, but the facts alleged would . .

Home Office v Tariq: SC 13 Jul 2011

The claimant pursued Employment Tribunal proceedings against the Immigration Service when his security clearance was withdrawn. The Tribunal allowed the respondent to use a closed material procedure under which it was provided with evidence unseen . .

Taylor and Others v Director of The Serious Fraud Office and Others: HL 22 Jan 1998

The defendant had requested the Isle of Man authorities to investigate the part if any taken by the plaintiff in a major fraud. No charges were brought against the plaintiff, but the documents showing suspicion came to be disclosed in the later . .

Government of the Republic of Spain v SS ‘Arantzazu Mendi’: HL 1939

References: [1939] AC 256 Coram: Lord Atkin The House considered the weight to be given to a certificate as to a statement by HM government as to the recognition of the defendant as a sovereign state: ‘Our State cannot speak with two voices on such a matter, the judiciary saying one thing, the executive another. … Continue reading Government of the Republic of Spain v SS ‘Arantzazu Mendi’: HL 1939