The teacher appellants challenged the quantification of deductions from their salaries after engaging in lawful strike days. Held: The appeal as allowed. The correct approach under section 2 to a case like this, where the contract is an annual contract, is to hold that the salary must be apportioned on a calendar day basis over … Continue reading Hartley and Others v King Edward VI College: SC 24 May 2017
The claimant was a full time teacher at a sixth form college who went on strike. He participated in two days of industrial action. He argued that the College acted unlawfully in deducting 1/260 of his salary rather than 1/365 for each day on strike. The employer looking at the teacher’s working year, deducted 1/260. … Continue reading Amey v Peter Symonds College: QBD 2013
Law of vicarious liability is on the move Former children at the children’s homes had sought damages for sexual and physical abuse. The court heard arguments as to the vicarious liability of the Society for abuse caused by a parish priest visiting the school. The Court of Appeal had found some defendants (school management trust) … Continue reading The Catholic Child Welfare Society and Others v Various Claimants and The Institute of The Brothers of The Christian Schools and Others: SC 21 Nov 2012
A school board employed staff to manage a residential school for vulnerable children. The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers. Held: ‘Vicarious liability is legal responsibility imposed on an employer, although he is himself free from blame, for a tort committed by his … Continue reading Lister and Others v Hesley Hall Ltd: HL 3 May 2001
The claimant had been assaulted and racially abused as he left a kiosk at the respondent’s petrol station by a member of staff. A manager had tried to dissuade the assailant, and the claim for damages against the supermarket had failed at first instance and at the court of appeal. Held: The appeal was allowed.Lord … Continue reading Mohamud v WM Morrison Supermarkets plc: SC 2 Mar 2016
PC (Jamaica) The claimant had been queuing for some time to make an overseas phone call at the Post Office. Eventually his turn came, he picked up the phone and dialled. Suddenly a man intervened, announced ‘police’ and demanded the phone. The man was in fact a police officer. The officer added that he wanted … Continue reading Bernard v The Attorney General of Jamaica: PC 7 Oct 2004
EAT RELIGION OR BELIEF DISCRIMINATIONUNFAIR DISMISSAL – Reason for dismissalChristian counsellor dismissed by Relate for failing to give an unequivocal commitment to counsel same-sex couples.Held: Tribunal right to dismiss claims of discrimination (direct and indirect) contrary to the Employment Equality (Religion or Belief) Regulations 2003 and of unfair dismissal – London Borough of Islington v … Continue reading McFarlane v Relate Avon Ltd: EAT 30 Nov 2009
(Canadian Supreme Court) A children’s club was not vicariously liable for the acts of an employee which took place in the employee’s home outside working hours. It was not enough that his employment in the club gave him the opportunity to make friends with the children. The process for determining when a non-authorised act by … Continue reading Jacobi v Griffiths: 17 Jun 1999
(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
The claimant was working in a prison supervising working prisoners. One of them dropped a bag of rice on her causing injury. At the County Curt, the prisoner was found negligence in the prisoner, but not the appellant for vicarious liability. The claimant’s appeal succeeded at the Court of Appeal. Held: The Minister’s appeal failed. … Continue reading Cox v Ministry of Justice: SC 2 Mar 2016
The claimant had been seriously injured in an accident during a swimming lesson. She sought to claim against the local authority, and now appealed against a finding that it was not responsible, having contracted out the provision of swimming lessons. She said that the duty of care was non-delegable. Held: Her appeal succeeded. For a … Continue reading Woodland v Essex County Council: SC 23 Oct 2013
The House considered the liability of main contractors on a construction site for the negligence of it sub-contractors.Lord Bridge said: ‘It is trite law that the employer of an independent contractor is, in general, not liable for the negligence or other torts committed by the contractor in the course of the execution of the work. … Continue reading D and F Estates v Church Commissioners for England: HL 14 Jul 1988
The Bank had employed a doctor to provide medical assessments as necessary. The doctor had used the opportunities presented to assault sexually many patients. The court was now asked whether the Bank was vicariously liable for the acts of this independent contractor. Held: The appeal was allowed. The Doctor was not employed by the bank … Continue reading Barclays Bank Plc v Various Claimants: SC 1 Apr 2020
The claimant had been abused as a child by foster parents with whom she had been placed by the respondent authority. The court was now asked, the Council not having been negligent, were they in any event liable having a non-delegable duty of care with accompanying vicarious liability? Held: The appeal succeeded (Lord Hughes dissenting). … Continue reading Armes v Nottinghamshire County Council: SC 18 Oct 2017
The Court of Appeal was not in general entitled to reverse the decision of the Administrative Court in the grant of discretionary interlocutory relief: ‘it is I think appropriate to remind your Lordships of the limited function of an appellate court in an appeal of this kind. An interlocutory injunction is a discretionary relief and … Continue reading Hadmor Productions Ltd v Hamilton: HL 1982
An employer’s liability for racial abuse by its employees is wider than its liability under the rules of vicarious liability. The statute created new obligations. Sex and race discrimination legislation seeks to eradicate the ‘very great evil’ of discrimination.Waite LJ said: ‘a statute is to be construed according to its legislative purpose, with due regard … Continue reading Tower Boot Company Limited v Jones: CA 11 Dec 1996
The hospital was held accountable for an injury caused by negligence of an employee radiographer. The main issue was whether the authority could be vicariously liable even for employees in cases where their employment called for the exercise of special skill of a kind which the authority could not reasonable be expected to supervise or … Continue reading Gold v Essex County Council: CA 1942
Appeal by Mr Webber against a determination by the Deputy Pensions Ombudsman dismissing a complaint by Mr Webber against the Department for Education in relation to the recovery of an overpayment of his pension under the Teachers’ Pension Scheme. Judges: Nugee J Citations: [2014] EWHC 4240 (Ch) Links: Bailii Jurisdiction: England and Wales Employment Updated: … Continue reading Webber v Department for Education: ChD 19 Dec 2014
The 1870 Act applied where an employee’s contract was terminated in the course of a period at the end of which payment would be made. Scott J said: ‘Mr Goudie submitted that the real question was whether a teacher was entitled to be paid for the period of 35 minutes that he or she had … Continue reading Sim v Rotherham Metropolitan Borough Council: 1981
The Council sought an interim order restraining a protest outside one of it junior schools against the teaching of certain matters relating to sexual behaviour, sexuality, and gender. The named defendants and, it would appear, a significant proportion of the protestors are of the Muslim faith, advocating what some have described as the ‘conservative values’ … Continue reading Birmingham City Council v Afsar and Others: QBD 18 Jun 2019
Reason for grant of injunction to restrain demonstrations outside a school. Judges: Warby J Citations: [2019] EWHC 1619 (QB) Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Citing: See Also – Birmingham City Council v Afsar and Others QBD 18-Jun-2019 The Council sought an interim order restraining a protest outside one … Continue reading Birmingham City Council v Afsar and Others: QBD 25 Jun 2019
Claim for injunctions to restrict street protests about a school, and to prohibit online abuse of teachers at that school Judges: Warby J Citations: [2019] EWHC 3217 (QB) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Birmingham City Council v Afsar and Others QBD 18-Jun-2019 The Council sought an interim order restraining a … Continue reading Birmingham City Council v Afsar and Others: QBD 26 Nov 2019
The defendant’s employee disliked his neighbours – the plaintiffs. Whilst working in the sorting office, he wrote racially abusive materials on letters addressed to them. The plaintiffs appealed a finding that the defendant was not liable because the acts were not carried out as part of the employee’s work. Held: The test was whether the … Continue reading Irving and Irving v Post Office: CA 1987
To count as a trade dispute, the dispute must ‘relate wholly or mainly’ to terms and conditions of employment and must not merely be ‘connected’ with them. The application of this test requires the court: ‘to consider not merely the occasion which caused the dispute to break out but also the reason why there was … Continue reading Mercury Communications Ltd v Scott-Garner: CA 1984
Issues concerning the interpretation of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008, regulations under which an appeal may be pursued by a newly qualified teacher (an ‘NQT’) against a decision of a local education authority (‘the appropriate body’) that his or her compulsory induction period has not been completed satisfactorily. It raised … Continue reading S, Regina (on The Application of) v The General Teaching Council for England and Another: Admn 13 Sep 2013
The various claimants sought to challenge the 2004 Act by way of judicial review on the grounds that it was ‘a disproportionate, unnecessary and illegitimate interference with their rights to choose how they conduct their lives, and with market freedoms protected by European law; and an unjust interference with economic rights.’ Held: ‘We have concluded … Continue reading Countryside Alliance and others v HM Attorney General and others: Admn 29 Jul 2005
The teacher’s job had been privatised. After retirement he sought to have his pension assessed on the basis as it would have been but for the restructuring. The Secretary appealed a finding in the teacher’s favour. Held: The question was determined by assessing the ‘contributable salary’ under the Regulations. The formula created difficulties, but it … Continue reading Secretary of State for Education and Skills v Bailey and Another: ChD 31 Jul 2003
EAT The company decided to close two branches and make redundancies. They presented the closure itself as a fait accompli to the union representatives. The Tribunal found that this involved a failure to consult about ways of avoiding redundancies because the decision to close had been determined prior to any meeting with the union. Held: … Continue reading Securicor Omega Express Ltd v GMB (A Trade Union): EAT 7 Apr 2003
The claimant, a cabin crew member of the defendant’s staff sought damages for sex discrimination. Held: Sedley LJ said that the pool chosen should be that which suitably tests the particular discrimination complained of. Judges: Sedley LJ s Citations: [2007] EWCA Civ 1020, [2008] IRLR 74 Links: Bailii Statutes: Equal Pay Act 1970 1 Jurisdiction: … Continue reading Grundy v British Airways Plc: CA 23 Oct 2007
(Grand Chamber) The applicant had been denied access to written examinations and to a lecture at the University of Istanbul because she was wearing an Islamic headscarf. This was prohibited not only by the rules of the university but also by the Constitution of Turkey. Held: Article 9 does not protect every act motivated or … Continue reading Leyla Sahin v Turkey: ECHR 29 Jun 2004
Local authorities ran classes in which aerobics teachers used music for lessons. No licence was obtained for the performance of the music. They claimed to be ‘a club, society or other organisation the main objects of which were charitable or otherwise concerned with the advancement of religion, education or social welfare.’ In effect this was … Continue reading Phonographic Performance Ltd v South Tyneside Metropolitan Borough Council: ChD 23 Nov 2000
Where a school made teachers redundant because of insolvency, and gave notice to teachers to the end of the summer term, that was to include the summer holidays, and the pay until the end of the holidays was properly claimable against the school, and if necessary against the Secretary of State. The holiday related to … Continue reading In Re A Company (No 008174 of 1999): ChD 2 Nov 1999
ECHR Admissibility – Article 9, paragraph 1 of the Convention: The respect of this provision may create positive obligations for the State. The wording ‘either alone or in community with others’ does not leave a choice to the public authorities between two alternative obligations. In view of the requirements of the education system the authorities … Continue reading X v United Kingdom: ECHR 12 Mar 1981
Parties questioned the admissibility before the House of recommendations of a Royal Commission on Income Tax which had preceded an Act and which counsel for the appellants sought to cite as part of the context of intention of Parliament in relation to a particular section of the Act. Held: Counsel could not make that reference. … Continue reading Assam Railways and Trading Co Ltd v Commissioners of Inland Revenue: HL 1935
The Home Secretary had issued directives to the BBC and IBA prohibiting the broadcasting of speech by representatives of proscribed terrorist organisations. The applicant journalists challenged the legality of the directives on the ground that they were incompatible with the ECHR, and also on the ground that they were disproportionate in going beyond the established … Continue reading Regina v Secretary of State for the Home Department ex parte Brind: HL 7 Feb 1991
EAT EQUAL PAY ACT: part time pensions The Teachers’ Pension Scheme did not distinguish part-timers and full-timers, save for one rule which applied to teachers who retire and return to work. If the work was part-time it was not reckonable for pension, whereas full-time was. The agreed disadvantaged group was of part-time returners. As a … Continue reading Pike v Somerset County Council and Another: EAT 3 Oct 2008
EAT Fixed Term Employment Regulations The Secretary of State for Children Schools and Families who employs teachers only in the European Schools may not claim as objective justification for imposing a 9 year fixed term rule on his employees, the existence of the rule in Staff Regulations adopted by the European Schools pursuant to a … Continue reading Secretary of State for Children Schools and Families v Fletcher: EAT 30 Sep 2008
The court considered the proper content of an enhanced criminal record certificate. The claimant said that it should contain only matter relating to actual or potential criminal activity. Held: As to the meaning of section 115: ‘if Parliament had intended to limit relevant information to information of criminal or potentially criminal activity, it would be … Continue reading L, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: CA 1 Mar 2007
EAT Working Time RegulationsUnfair Dismissal – Exclusions including worker/jurisdictionThe claimant, a lorry driver, worked mainly in Austria and Germany, but had a contract of employment with a company registered in England. The contract identified English law as the proper law and sought to confer exclusive jurisdiction on the English courts. The claimant lodged a number … Continue reading Bleuse v MBT Transport Ltd and Another: EAT 21 Dec 2007
A schoolgirl complained that she had been excluded from school for wearing a form of attire which accorded with her Muslim beliefs. Held: The school had made great efforts to establish what forms of wear were acceptable within the moslem community, and set uniform standards accordingly. However sincere her religious beliefs, the claimant had chosen … Continue reading Begum, Regina (on the Application of) v Denbigh High School: Admn 15 Jun 2004
EAT Equal Pay Act – Part time pensionsThis is a part-time pensions case. The Chairman on the papers and on review failed to deal with the Claimant’s case that he had just cause for not entering the Teachers’ Pension Scheme when his exclusion was removed. As the parties had made written submissions, for the saving … Continue reading Pepper v Lancashire County Council and others: EAT 26 Nov 2007
The defendants appealed convictions for contempt of court, on the basis of having wilfully interrupted the court. The respondent said that no appeal lay. Held: The statute was ambiguous, and ‘there can be no good reason why a person convicted under s.12 should not have a right of appeal against conviction as well as against … Continue reading Haw and Another v City of Westminster Magistrates’ Court: Admn 12 Dec 2007
The Agency sought to impose liability on the appellant to remediate land which had been polluted by the appellant’s predecessor, the East Midlands Gas Board, claiming it to be a responsible as successor. Held: The appeal succeeded: ‘the appellant is plainly not, as a matter of ordinary language, a ‘person . . who caused or … Continue reading National Grid Gas Plc, Regina (on the Application of) v The Environment Agency: HL 27 Jun 2007
The applicants were head teachers employed in junior schools. They alleged sex discrimination, and sought to use as comparators head teachers from different local authorities. The comparators had been put forward on the basis that the teacher in question was male and was being paid at a higher rate for work that was like work … Continue reading Morton v South Ayrshire Council: IHCS 14 Feb 2002
The defendant appealed against his conviction under section 35 of the 2004 Act, having pleaded guilty after an adverse ruling as to the law. After being refused asylum and several failed appeals he had refused to give assistance in providing the necessary information to allow his deportation. The CPS and Home Office guidances on the … Continue reading Tabnak, Regina v: CACD 19 Feb 2007
The claimant had lost his company pension and complained that the respondent had refused to follow the recommendation of the Parliamentary Commissioner for Administration that compensation should be paid. Held: The court should not rely on evidence given by the Ombudsman to a parliamentary select committee committee: ‘to allow the evidence of a witness to … Continue reading Bradley and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 21 Feb 2007
The claimant appealed against adverse findings on her claims of sex discrimination. The court considered questions arising from the provisions relating to the transfer of the burden of proof in a discrimination case. Held: Questions of the burden of proof are very common in discrimination cases: ‘The factual content of the cases does not simply … Continue reading Madarassy v Nomura International Plc: CA 26 Jan 2007
(Northern Ireland) The applicant sought judicial review of a decision not to disclose documents held by the respondent to him saying that the refusal was disproportionate and infringed his human rights. The respondents said that the documents were provided on an assurance of confidentiality. Held: Disclosure rules are different in judicial review proceedings since such … Continue reading Tweed v Parades Commission for Northern Ireland: HL 13 Dec 2006
The defendant appealed by case stated against his conviction by the magistrates for entering the UK without a passport. He had relied on a false passport povided to him by an agent, and had returned it to the facilitator. He was therefore unable to present it on interview. Held: The appeal succeded. The Act was … Continue reading Thet v Director of Public Prosecutionsz: Admn 19 Oct 2006
The complainant requested information relating to 3 teachers and a governor of the public authority. The public authority refused to provide a full response citing Section 14(2) (Repeated request) in relation to one part of the request and Section 14(1) (Vexatious request) in relation to the other part of the request. The Commissioner has decided … Continue reading Garforth Community College (Decision Notice): ICO 15 Dec 2008
The claimant had been accused with others of arson to school property. He was suspended for the maximum forty five day period. The school then invited the family to discuss arrangements to return to the school, but the family did not attend. After the expiry of the forty five days, the criminal proceedings were discontinued. … Continue reading Ali v Head Teacher and Governors of Lord Grey School: HL 22 Mar 2006
EAT Practice and Procedure – 2002 Act and Pre-Action Requirements; and Amendment Whether section 32(4) EA 2002 – original time limit – restricts time for bringing a DDA claim to the primary 3 months period, or whether the just and equitable discretion under DDA Schedule 3 Part 3 may be exercised. It is the latter. … Continue reading BUPA Care Homes v Cann; Spillett v Tesco Stores: EAT 31 Jan 2006
An action for damages by an employee against his employer was raised 48 days after the expiry of the triennium due to an oversight by an assistant with the pursuer’s solicitors. The sheriff refused to allow the action to be brought, the Sheriff Principal allowed it and on appeal the Second Division reversed the decision … Continue reading Forsyth v A F Stoddard and Co Ltd: OHCS 1985
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
Serious abuse was said to have been inflicted by monks of the De La Salle order on those in their charge at an approved school in Scotland. The former pupil claimant contended that the SED owed him a non-delegable duty which entitled him to financial redress for his suffering. Held: The case could not be … Continue reading AM v Reverend Joseph Hendron and others: OHCS 13 Sep 2005
The claimant sought damages for assault by a probationary constable. The constable had been called to a drunken party for Sainsbury’s employees. Held: The claimant had been assaulted. Miss Morgan had introduced herself as a police officer, had threatened the claimant with arrest and had then attempted to carry out the threat or to use … Continue reading Hutchinson v Metropolitan Police Commissioner and Another: QBD 27 Jul 2005
The applicant had given an undertaking to the court to secure discontinuance of company director disqualification procedings. He now sought a variation of the undertaking. Held: The claimant had given an undertaking, but in the light of new evidence proceedings against her her co-directors had been discontinued. A variation should be allowed only where some … Continue reading The Secretary of State for Trade and Industry v Jonkler and Another: ChD 10 Feb 2006
The claimant said that his employer had failed to respect his right to express his beliefs by obliging him, though a Christian, to work on Sundays. Held: The appeal failed. ‘The Commission’s position on Article 9, as I understand it, is that, so far as working hours are concerned, an employer is entitled to keep … Continue reading Copsey v WWB Devon Clays Ltd: CA 25 Jul 2005
The claimant appealed refusal of his claim for inducing a breach of contract against the sixth defendant. It said that an intention to disturb a contract could be inferred. Held: A mere recklessness as to whether contractual rights were disturbed was insufficient to found the tort of interference with contractual relations. Judges: Sedley LJ, Arden … Continue reading Mainstream Properties Ltd v Young and others: CA 13 Jul 2005
Prison officers claimed awards for sex discrimination. The employer replied that the pools of comparators each contained members of either sex. The appellants sought to establish that any less favourable treatment of them in comparison with the comparators was genuinely due to a material factor which is not the difference of sex and which is … Continue reading Home Office v Bailey and others: CA 22 Mar 2005
(Commission) Article 9 is apt to include a belief such as pacifism, which could be a philosophy. However, Miss Arrowsmith distributed leaflets to soldiers, urging them to decline service in Northern Ireland. This was dictated by her pacifist views. But the contents of the leaflets did not express pacifist views, nor did the act of … Continue reading Arrowsmith v United Kingdom: ECHR 12 Oct 1978
The 2004 Act had been passed without the approval of the House of Lords and under the provisions of the 1911 Act as amended by the 1949 Act. The 1949 Act had used the provisions of the 1911 Act to amend the 1911 Act. The claimant said this meant that the 1949 Act was void, … Continue reading Jackson and Others, Regina (on the Application of) v Her Majesty’s Attorney General: Admn 28 Jan 2005
The applicant asserted that the 2004 Act was invalid having been passed under the procedure in the 1949 Act, reducing the period by which the House of Lords could delay legislation; the 1949 Act was invalid, being delegated legislation, had used the powers under the 1911 Act to amend themselves. If the 1949 Act was … Continue reading Regina on the Application of Jackson and others v HM Attorney General: CA 16 Feb 2005
There is a public interest in encouraging the frank and ready co-operation from people as diverse as doctors, school teachers, neighbours, the child in question, the parents themselves, and other close relations, including other children in the same family, on which the proper functioning of the system depends.Nicholls LJ said: ‘it is very much in … Continue reading Brown v Matthews: CA 1990
‘in principle, the right to freedom of religion as understood in the Convention rules out any appreciation by the state of the legitimacy of religious beliefs or of the manner in which these are expressed’ Citations: 45701/99, (2002) 35 EHRR 306, [2001] ECHR 860 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 9 Jurisdiction: … Continue reading Metropolitan Church Of Bessarabia And Others v Moldova: ECHR 13 Dec 2001
A proposed takeover had been referred to the Monopolies and Mergers Commission under the 1973 Act. A majority of the Commission recommended against the takeover. The Deputy (acting instead of the Secretary who had an interest) overruled the Commission. AS challenged that decision, and sought to refer to statements made by the Secretary of State … Continue reading Regina v Secretary of State for Trade, Ex parte Anderson Strathclyde Plc: QBD 1983
Restraint and Disclosure orders had been made on without notice applications at the request of South Africa. The applicant appealed a refusal of their discharge. Held: Such orders did not apply to the applicant’s assets in Scotland. The orders were quashed and new orders substituted restricting their ambit to England and Wales. Judges: Lord Justice … Continue reading King v The Serious Fraud Office: CACD 18 Mar 2008
No anonymity for investigation suspect The claimant had been investigated on an allegation of historic sexual abuse. He had never been charged, but the investigation had continued with others being convicted in a high profile case. He appealed from refusal of orders restricting publication of his name and involvement in the inquiry. Held: (Kerr and … Continue reading PNM v Times Newspapers Ltd and Others: SC 19 Jul 2017
The complainant has requested information regarding teachers and furlough. Lancashire County Council (‘the council’) provided some information but stated that other information was not held. The Commissioner’s decision is that, on the balance of probabilities, the council has provided all of the information it held in scope of question 1 of the request. However the … Continue reading Lancashire County Council (Local Government): ICO 11 Apr 2022
The claimant had made a complaint of race discrimination. The complaint was dismissed. Some time later the company dismissed him, and he again lodged a complaint. The tribunal found him unfairly dismissed, but again not discriminated against. Held: The Tribunal had been wrong to ignore any motive for the action taken. When it found no … Continue reading Madden v Preferred Technical Group CHA Limited, Guest: CA 27 Aug 2004
ECJ Reference for a preliminary ruling: High Court of Justice (England and Wales), Queen’s Bench Division – United Kingdom. Approximation of laws – Directive 84/5/EEC – Compulsory insurance against civil liability in respect of motor vehicles – Damage or injury caused by unidentified or insufficiently insured vehicles – Protection of victims – Defective transposition of … Continue reading Evans v The Secretary of State for the Environment, Transport and the Regions and The Motor Insurers’ Bureau: ECJ 4 Dec 2003
The claimant worked at a school in London operated by the respondent, and he was paid by them. Spanish teachers received relocation allowances, and he complained that this was discriminatory. The respondent had failed to comply with the order made by the EAT. Held: The failure by the respondent to comply with the order meant … Continue reading Spicer v Government of Spain: CA 29 Jul 2004
The respondent resisted a claim of unfair dismissal and race discrimination on the basis that the employment contract was illegal since the claimant was an immigrant and unable to work without a work permit. Held: The Court of Appeal upheld a defence of illegality to a teacher’s complaint against a school of unlawful discrimination by … Continue reading V v Addey and Stanhope School: CA 30 Jul 2004
(New Zealand) (Attorney General of New Zealand intervening) The defendant MP had made a statement in Parliament which attracted parliamentary privilege. In a subsequent newspaper interview, he said ‘he did not resile from his claim’. He defended the action for defamation claiming the privilege. Held: The original statement had privilege but the repetition outside parliament … Continue reading Jennings v Buchanan: PC 14 Jul 2004
The complainant requested information relating to the recruitment of teachers in Northern Ireland being exempted from equality legislation. The Office of the First Minister and deputy First Minister (OFMDFM) took over ten months to respond to the request. The Commissioner finds that OFMDFM breached sections 1 and 10 of the FOIA, but as the request … Continue reading Office of The First Minister and Deputy First Minister (Decision Notice): ICO 21 Jan 2013
ECJ (Judgment) Freedom of movement for workers – Recognition of diplomas – Directives 89/48 and 92/51 – Primary and secondary school teachers – Holder of a diploma of post-secondary studies of two years’ duration – Conditions for the exercise of the profession Citations: C-102/02, [2004] EUECJ C-102/02, [2004] ECR I-5405 Links: Bailii Jurisdiction: European European … Continue reading Beuttenmuller v Land Baden-Wurttemberg: ECJ 29 Apr 2004
The student had been unlawfully excluded from school. The school had not complied with the procedural requirements imposed by the Act. Held: Though the 1996 Act placed the responsibilty for exclusion upon the local authority, the head and school must also follow the rules. The duty on the local authority was a fallback duty. The … Continue reading Ali v The Head Teacher and Governors of Lord Grey School: CA 29 Mar 2004
The child sought review of the respondent’s decision not to provide education other than at one school. He had been suspended, but his father refused to allow him to return complaining of the effects of bullying. Held: The condition of being bullied, including its effects could not be equated with ‘illness’ as a valid reason … Continue reading Regina on the Application of G v Westminster City Council: QBD 30 Jan 2004
The claimant had for a number of years had a relationship with a trans-sexual. They had been unable to marry because English law would not recognise a marriage. She compained that on her death her partner would be unable to claim the pension awarded to a partner. Held: The effect of the law was discriminatory. … Continue reading KB v National Health Service Pensions Agency and Secretary of State for Health: ECJ 7 Jan 2004
The claimant appealed against rejection of his claim for unfair dismissal after his dismissal from his teaching point on the ground of permanent incapacity. The parties disputed the effect of the National Scheme of Conditions of Service for Schoolteachers in England and Wales (the ‘Burgundy Book’). Judges: Commissioner Howell QC Citations: [2003] UKEAT 0920 – … Continue reading Jones v Barton Court Grammar School: EAT 27 May 2003
EAT Race Discrimination – Indirect Judges: His Hon Judge Prophet Citations: UKEAT/516/03, [2003] UKEAT 0516 – 03 – 2511 Links: Bailii Jurisdiction: England and Wales Citing: Applied – Shamoon v Chief Constable of the Royal Ulster Constabulary HL 27-Feb-2003 The applicant was a chief inspector of police. She had been prevented from carrying out appraisals … Continue reading Spicer v Government of Spain: EAT 10 Oct 2003
Vicarious liability applied, where the lighting of a match to light a cigarette and throwing it on the floor while transferring petrol from a lorry to a tank was held to be in the scope of employment. Citations: [1942] AC 509, [1942] UKHL 2 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Lister … Continue reading Century Insurance v Northern Ireland Road Transport Board: HL 4 Mar 1942
The deceased had assigned his coal merchant business to the respondent against a promise to pay andpound;5.00 a week to his widow whilst she lived. The respondent appealed an order requiring him to make the payments, saying that as a consolidating Act, the 1925 Act should not be read to change the common law. Held: … Continue reading Beswick v Beswick: HL 29 Jun 1967
An IVF treatment centre used sperm from one couple to fertilise eggs from another. This was discovered, and the unwilling donors sought a paternity declaration. Held: Section 28 did not confer paternity. The mistake vitiated whatever consents had been given, and the concept under the Act of ‘treatment together’. Any interference with the right to … Continue reading AHE Leeds Teaching Hospitals NHS Trust v A and Others (By Their Litigation Friend, the Official Solicitor), The Human Fertilisation and Embryology Authority B, B: QBD 26 Feb 2003
An accident occurred on 16 April 1997 and the action was raised on 21 November 2000. The pursuer averred that it would be equitable in the circumstances to allow her to bring the action out of time. The action had not been raised within the triennium because the firm of claim handlers acting on behalf … Continue reading Lorna Morrice v Martin Retail Group Limited: OHCS 22 Nov 2002
The claimant sought damages after being assaulted by a doorman employed by the defendant. Held: The responsibility of the nightclub owner for the actions of his aggressive doorman was not extinguished by the separation in time and place from what had happened in the nightclub, and that vicarious liability was therefore established. The owner had … Continue reading Mattis v Pollock (T/A Flamingo’s Nightclub): QBD 24 Oct 2002
The claimant was injured, being hit in the face by a football in a school playground. It was before school started. There had been accidents, and there were rules which had not been enforced. The school appealed a finding of negligence. Held: ‘a school owes to all pupils who are lawfully on its premises the … Continue reading Kearn-Price v Kent County Council: CA 30 Oct 2002
(Supreme Court) Justice McReynolds said: ‘The fundamental theory of liberty upon which all governments in this Union repose excludes any general power of the state to standardize its children by forcing them to accept instruction from public teachers only. The child is not the mere creature of the state; those who nurture him and direct … Continue reading Pierce v Society of Sisters: 1925
Three asylum-seekers brought claims of breach of their Article 8 rights. One complained of a local authority’s failure to provide accommodation to meet special needs, the other two of maladministration and delay in the handling of their asylum applications. Held: All three claims failed. The essential object of article 8 is to protect individuals against … Continue reading Anufrijeva v Secretary of State for the Home Department: CA 22 Mar 2002
The Grand Chamber considered executive interference in the appointment of the Chief Mufti of the Bulgarian Muslims: ‘Where the organisation of the religious community is at issue, Article 9 must be interpreted in the light of Article 11 of the Convention which safeguards associative life against unjustified State interference. Seen in this perspective, the believer’s … Continue reading Hasan and Chaush v Bulgaria: ECHR 26 Oct 2000
There was a difference in treatment between the applicant and a comparator based on the applicant’s sexual orientation, a concept which is undoubtedly covered by Article 14. The list set out in this provision is of an indicative nature and is not definitive, as is evidenced by the adverb notamment (in English: ‘any ground such … Continue reading Salgueiro Da Silva Mouta v Portugal: ECHR 21 Dec 1999
The court had to consider a permanent placement of a child with a view to adoption in oposition to the natural parents’ wishes. Held: Particular weight should be attached to the best interests of the child, which may override those of the parent: ‘These measures were particularly far-reaching in that they totally deprived the applicant … Continue reading Johansen v Norway: ECHR 7 Aug 1996
‘Slippering’, a punishment by hitting a child with a slipper, when used as part of school discipline was not a degrading punishment under the convention. Conduct must attain a minimum level of severity to engage the operation of the Convention. Citations: Independent 26-Mar-1993, 13134/87, (1993) 19 EHRR 112, [1993] ECHR 16 Links: Worldlii, Bailii Statutes: … Continue reading Costello-Roberts v The United Kingdom: ECHR 25 Mar 1993
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 8; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedingsThe requirements identified as flowing from the phrase ‘in accordance with the law’ include this: ‘A norm cannot be regarded as a ‘law’ … Continue reading Olsson v Sweden (No 1): ECHR 24 Mar 1988
To exclude a child from school for as long as his parents refused to let him be beaten ‘cannot be described as reasonable and in any event falls outside the State’s power of regulation in article 2’. The Convention protects only religions and philosophies which are ‘worthy of respect in a ‘democratic society’ and are … Continue reading Campbell and Cosans v The United Kingdom: ECHR 25 Feb 1982
The claimants sought a declaration that part of the Regulations were invalid, and an infringement of their human rights. The Regulations sought to exempt church schools from an obligation not to discriminate against homosexual teachers. Held: The Regulation was within the scope of the Directive. Though a member state had some freedom in implementing a … Continue reading Regina (Amicus etc) v Secretary of State for Trade and Industry: Admn 26 Apr 2004
The court was asked to interpret the 1976 Act to see whether its protection extended to cohabitees as well as to wives. In doing so it had to look at practice in the Court of Appeal in having to follow precedent. Held: The operation of the doctrine of precedent in the Court of Appeal so … Continue reading Davis v Johnson: HL 2 Jan 1978
The defendant had organised a team bonding day, including a cycling event. The claimant employee was severely injured falling from his cycle. He said that the defendant had been engligent in not providing cycling helmets. The circuit hosting company had said that helmets were available, and recommended. The claimant said there had been no mention … Continue reading Reynolds v Strutt and Parker LLP: ChD 15 Jul 2011
Just how a teacher re-incorporated a child within school, after he had first been excluded, but then re-instated by the independent appeal panel, was a matter for the head-teacher, provided only that he could not do so in any way which reflected a conclusion different to that of the panel. This may involve the use … Continue reading W and L v The Governors of B School and The Governors of J School: CA 24 Jul 2001
