Judges: Stadlen J Citations: [2009] EWHC 75 (Admin) Links: Bailii Statutes: Law Reform (Miscellaneous) Provisions Act 1934, Fatal Accidents Act 1976 Jurisdiction: England and Wales Personal Injury, Damages Updated: 14 November 2022; Ref: scu.280423
The defendant appealed his conviction for driving with excess alcohol, saying that the court had failed to allow him to raise properly expert doubts as to the prosecution evidence. He sought to challenge the effect of preservatives on the sample of blood as tested by the prosecution. The prosecution expert had only given hearsay evidence … Continue reading Dhaliwal, Regina (on the Application Of) v Director of Public Prosecutions: Admn 16 Mar 2006
The parties contested ancillary relief on their divorce. The marriage had been very long, and the assets were very substantial. The husband contended that these assets represented an exceptional contribution on his part. Held: In this case an unequal division would reflect the husband’s special and exceptional contributions. As to the balance between the cases … Continue reading Sorrell v Sorrell: FD 29 Jul 2005
The Respondent had authorised immigration officers to act in a way which would otherwise be a discrimination against Tamils under the 1976 Act. They complained that authorisations had been effectively and unlawfully delegated. Held: The evaluations would in practice be carried out by individual immigration officers, and the decisions would be theirs. The authorisation therefore … Continue reading Regina (Tamil Information Centre) v Secretary of State for the Home Department: Admn 18 Oct 2002
The ‘continuous occupation’ required of a tenant to support a claim for disturbance on the non-renewal of his lease under the Act is not to be lost for the normal incidents of business life. The tenant had anticipated the non-renewal of the tenancy and had closed his restaurant business in the last few weeks before … Continue reading Bacchiocchi v Academic Agency Limited: CA 20 Feb 1998
EAT JURISDICTIONAL POINTS- Agency relationshipsRACE DISCRIMINATIONDirectInjury to feelingsAccepted, in line with EAT authority, that common law agency principles apply to Race Relations Act s32(1). On that basis employer appeal against agency finding upheld and set aside.Injury to feelings award manifestly excessive and wrong in principle (see Vento). Award reduced from andpound;12,000 to andpound;6,000. Judges: Peter … Continue reading Ministry of Defence v Kemeh: EAT 11 Mar 2013
The Court was asked whether it was open to a defendant charged with rape contrary to section 1 of the 2003 Act to rely upon a ‘deluded’ belief in the consent of the complainant. Held: Hughes LJ said: ‘Both the common law and statute law are well used to a rule which judges a defendant … Continue reading B v Regina: CACD 31 Jan 2013
The court emphasised the ubiquitous need to make the findings of primary fact without which it is impossible to consider the drawing of relevant inferences. A tribunal hearing a race discrimination case must ask the question as put by the Act; there was a fundamental flaw in the decision in asking and answering wrong question. … Continue reading Marks and Spencer Plc v Martins: CA 19 Dec 1997
The defendants appealed against their convictions for murder saying that the court should not have relied upon hearsay evidence. A witness had refused to give evidence, but his earlier evidnece was used. Held: The appeals failed. The judge had acted properly in that when considering the exercise of his judgment under section 78 of the … Continue reading Adeojo and Another v Regina: CACD 6 Feb 2013
Tenants complained that the authority landlord had purported to vary a clause in his secure tenancy agreement which gave certain management rights to tenants. Held: The powers to let on secure tenancies were governed by statute. The clause which was removed was an unlawful fetter on the authorty’s powers and duties. As such the court … Continue reading Kilby v Basildon District Council: Admn 26 Jul 2006
Judges: Mr Justice Sullivan Citations: [2006] EWHC 1198 (Admin) Links: Bailii Statutes: Local Government (Miscellaneous Provisions) Act 1976 54(2) Jurisdiction: England and Wales Licensing Updated: 12 November 2022; Ref: scu.242555
The judge considered the award of costs where the claimant had succeeded in some part of her claim, but failed in others. Judges: Teare J Citations: [2012] EWHC 1612 (Admlty) Links: Bailii Jurisdiction: England and Wales Citing: Main Judgment – Braganza v BP Shipping Ltd and Another ComC 30-May-2012 The claimant said that her husband, … Continue reading Braganza v BP Shipping Ltd and Another: AdCt 15 Jun 2012
The trust was created in 1948, and provided gifts over, which had now failed. The court considered the construction of the term ‘stautory next of kin’. The possible beneficiaries claimed through being adopted, arguing that at the date of the last beneficary’s death, all impediments to inheritance by adopted children had been removed by statute. … Continue reading Re Erskine 1948 Trust: ChD 29 Mar 2012
The claimants alleged that the way in which Harrods organised their sales worked as race discrimination. Harrods now appealed against decisions that such a case might be brought under section 7 of the 1976 Act. Citations: [1998] ICR 156, [1997] IRLR 583, [1998] 1 All ER 52, [1997] EWCA Civ 2126 Links: Bailii Statutes: Race … Continue reading Elmi v Harrods Ltd and Another Harrods Ltd v Remick Harrods Ltd v Seeley: CA 17 Jul 1997
EAT Race Discrimination : Continuing Act – The Claimant complained of entries made on Facebook by work colleagues, said to be acts of discrimination on the grounds of disability and nationality. He was found to be out of time. The Employment Judge’s decision at a PHR in part was reversed. The Employment Judge erred in … Continue reading Novak v Phones 4U Ltd: EAT 14 Sep 2012
The applicant alleged that his rights had been infringed by his dismissal from his post as driver transporting children and adults with physical and/or mental disabilities. He had stood for election as a candidate for the British National Party, a party then allowing only white nationals as members. The majority of his customers and a … Continue reading Redfearn v The United Kingdom: ECHR 6 Nov 2012
Citations: [2010] ScotSC 168 Links: Bailii Statutes: Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Jurisdiction: Scotland Coroners Updated: 04 November 2022; Ref: scu.464194
A request was made for an order that the Registrar General should provide information from his registers and records to enable a registered charity called the Post Adoption Centre to trace the applicant’s adopted daughter P, who had been made the subject of an adoption order very many years ago. Held: A clear benefit to … Continue reading In Re L (a Minor) (Adoption: Disclosure of Information): CA 12 Dec 1996
The deceased army officer had been injured in a road traffic accident in Germany. His widow brought proceedings in the UK, anticipating a better damages award than might be available in Germany. She had assigned certain elements of her claim to the Ministry of Defence in return for the payment of benefits. She now disputed … Continue reading Cox v Ergo Versicherung Ag and Another: CA 19 Jul 2012
The Court considered a dependency claim by a person who had cohabited with the deceased for 6 months prior to death. The claim was for a declaration of incompatibility in relation to the 2 year + cohabitee provision in s.1 of the FAA which, the claimant said, discriminated against her and violated her rights under … Continue reading Swift v Secretary of State for Justice: QBD 18 Jul 2012
Slipping on wet floor of takeaway – claimant had too much to drink – wearing high heels. Held: ‘There is a distinction between particular dangers such as greasy spillages, which it is reasonable to expect a shopkeeper to deal with straightaway, and the general problem posed by walked in water on a wet night, which … Continue reading Laverton v Kiapasha (T/A Takeaway Supreme): CA 19 Nov 2002
The applicants sought damages after they had had placed with them for adoption a child who proved to be destructively hyperactive. Held: The authority might be liable where they failed to disclose to adoptive parents known characteristics of a child. A person exercising a particular skill might owe a duty of care where its negligent … Continue reading A, B v Essex County Council: QBD 18 Dec 2002
The tenant was no longer in occupation of the demised premises when he served a s27 notice. Held: A business tenancy ceases at end of the lease, if the premises are not actually occupied by the tenant despite any notices given. The occupation was required for a tenancy to continue under s24(1). S 27(2) was … Continue reading Esselte Ab and British Sugar Plc v Pearl Assurance Plc: CA 8 Nov 1996
A Local Authority found guilty of a statutory nuisance is not thereby liable for a civil damages suit. Citations: Times 26-Nov-1996, [1996] EWCA Civ 998, [1997] 1 WLR 956, (1997) 29 HLR 640, [1997] Env LR 157 Links: Bailii Statutes: Public Health Act 1936 Part II (Nuisance etc) Jurisdiction: England and Wales Citing: Cited – … Continue reading Issa (Suing By her Next Friend and Father Issa) and Issa (Suing By her Next Friend and Father Issa) v Mayor and Burgesses of London Borough of Hackney: CA 19 Nov 1996
Individual officers, but not the police force itself are answerable in a race discrimination claim. The force is not vicariously liable for an individual officer’s acts. Citations: Gazette 06-Nov-1996, Times 10-Oct-1996, [1996] EWCA Civ 684, [1998] QB 65, (1997) 9 Admin LR 601, [1997] 1 All ER 289 Links: Bailii Statutes: Race Relations Act 1976 … Continue reading Farah v Commissioner of Police for Metropolis: CA 9 Oct 1996
EAT RACE DISCRIMINATION – Race Relations: jurisdictionThis appeal is concerned with the application of section 68 of the Race Relations Act 1976. The Employment Tribunal held, on a Pre-Hearing Review, that there was no reasonable prospect that a Tribunal would find the alleged acts of harassment that pre-date the Appellant’s dismissal could be found to … Continue reading Alam v London Probation Trust: EAT 15 Mar 2012
The court considered the powers of a local authority to impose conditions on the grant of a hackney carriage licence under section 37 of the 1847 Act, and the relationship between that statutory provision and section 47 of 1976 Act. Judges: Foskett J Citations: [2012] EWHC 1539 (Admin), [2013] PTSR 154 Links: Bailii Statutes: Town … Continue reading Shanks and Others (T/A Blue Line Taxis), Regina (on The Application of) v The Council of The County of Northumberland: Admn 1 Jun 2012
The defendant brothers appealed convictions for murder. They had pleaded self defence. The injuries on the deceased suggested a substantial number of wounds were inflicted when he was in a curled up defensive post. Held: The provocation direction was requested, and there was evbidence to support it as a possibility. It could have been given … Continue reading Van Dongen and Another, Regina v: CACD 5 Jul 2005
The claimant sought a writ of habeas corpus. The Commissioners of Customs and Excise had requested the arrest of the claimant in the US pending extradition. It was not realised that the offence alleged was not sufficient to found extradition. The claimant volunteered repatriation. On his arrival back in the UK, he claimed that because … Continue reading Walker v The Governor of HM Prison Nottingham: Admn 25 Jan 2002
The landowner appealed against the compensation awarded for the compulsory acquisition of his land for use as a road. The owners had been compensated only for its agricultural value, but said that it should have allowed for its value for minerals extraction. Held: The appeal failed. Carnwath LJ said: ‘The planning assumptions in the 1961 … Continue reading Roberts and Another v South Gloucestershire Council: CA 7 Nov 2002
The two appellants were among four convicted of robbery. Imran complained that the police had not disclosed the existence of CCTV coverage before the interview, and Hussain that a copy of the surveillance tape had been given to the jury after retirement. Held: Leave to appeal was refused. As to any obligation on the police … Continue reading Regina v Imran, Hussain: CACD 9 Jun 1997
The plaintiff was an eighteen year old girl who had had a friendship with the defendant, aged 28. The friendship broke down and the plaintiff said she would have no more to do with him, but the defendant did not accept this. There were many complaints against the defendant, including assaults, threats of violence, and … Continue reading Khorasandjian v Bush: CA 16 Feb 1993
The claimants had sponsored tennis players to wear their logo. The respondents organised tennis tournaments whose intended rules would prevent the display of the claimant’s logos. The claimants said that the restriction interfered with their rights to trade within Europe. Held: The rules were potentially a breach of the claimants rights to trade, and an … Continue reading Adidas-Salomon Ag v Drape and others: ChD 7 Jun 2006
The Appellant had been given leave under section 3(1)(b) of the 1971 Act to enter and remain in the United Kingdom for 12 months. Before it expired, he applied for his leave to be varied by way of extension under section 3(3)(a) of the Act. The respondent refused the application; in consequence, the Appellant appealed … Continue reading Suthendran v Immigration Appeal Tribunal: HL 1977
VDT VALUE ADDED TAX – import VAT – Simplified Import VAT Accounting (‘SIVA’) – trader authorised to defer payment with nil security – default in accounting for domestic VAT – whether sufficient without more to justify revocation of nil security requirement – criteria to be considered – whether trader representing risk to the revenue – … Continue reading Martin Yaffe International Ltd v Revenue and Customs: VDT 14 Jul 2005
The claimant applied for leave to bring an action for race discrimination nine years after the acts complained of. Leave was granted. The respondent said the tribunal should have heard the complaint first before deciding to extend time. Held: The discretion given was to act as the tribunal thought just and equitable. There was no … Continue reading Afolabi v Southwark London Borough Council: CA 24 Jan 2003
The claimant’s brother had died whilst in custody. Prosecutions of police officers had failed, and the claimant alleged that Crown Prosecution Service had been negligent and discriminatory in its conduct of the prosecution. Citations: [2006] EWCA Civ 1741 Links: Bailii Statutes: Race Relations Act 1976 Jurisdiction: England and Wales Discrimination, Legal Professions Updated: 22 October … Continue reading Alder v The Chief Constable of Humberside Police and others: CA 18 Dec 2006
The council appealed an order requiring it to specify an overall maximum charge for licensing taxis. It had fixed an adminsitrative sum plus a sum for the first inspection and further sums for re-inspection. Held: The section envisaged separate charges being made, and no overall limit was properly implied. Judges: Lord Justice Keene Lord Justice … Continue reading Liverpool City Council v Kelly: CA 20 Feb 2003
The claimant ship owners challenged an award on two grounds. First, with permission, the owners appealed under section 69 of the Arbitration Act 1996 on the following question of law: ‘Whether, as a matter of law, owners were entitled to refuse early re-delivery of the Aquafaith (the vessel) at Jintang on 9 August 2011 and … Continue reading Isabella Shipowner Sa v Shagang Shipping Co Ltd: ComC 26 Apr 2012
The court was asked as to whether the on-line marketplace site defendant was liable for trade mark infringements by those advertising goods on the web-site. Held: The ECJ had not yet clarified the law on accessory liability in trade mark infringement, and the legislation remained unclear. Many of the direct sellers were held to be … Continue reading L’Oreal Sa and Others v Ebay International Ag and Others: ChD 22 May 2009
An offender had absconded with a child and was to be prosecuted for sex offences against her. The police circulated all the journalists who had had contact to say that an identification of the defendant would also identify the girl. The defendant here, the editor of a magazine was not so informed. She published the … Continue reading O’Riordan v Director of Public Prosecutions: Admn 19 May 2005
Prosecutor’s appeal by case stated against dismissal of charge of taking vehicle without the owner’s consent. Officer’s fleeting sight of defendant who was known to him driving. Citations: [2006] EWHC 1523 (Admin) Links: Bailii Statutes: Theft Act 1968 12(1) Jurisdiction: England and Wales Citing: Cited – Bracegirdle v Oxley and Cobley 1947 The facts proved … Continue reading Director of Public Prosecutions v Uddin: Admn 8 Jun 2006
The MIB appealed from a judgment making it liable for an award of damages to the estate of the deceased who had been a passenger in a vehicle which he knew to be being driven without insurance. The estate had not sued the MIB directly, but first obtained a judgement against the driver and then … Continue reading Phillips v Rafiq and Motor Insurers Bureau (MIB): CA 13 Feb 2007
The defendant appealed his conviction for obtaining property by deception where part of the offence had taken place abroad. Held: Smith should be overturned. The last act or terminatory theory remains the binding common law of England and Wales. The correct rule was that before an English court could try an offence it was necessary, … Continue reading Regina v Manning: CACD 24 Jun 1998
The applicants complained that as an unmarried couple they had been excluded from consideration as adopters. Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater commitment to traditional family structures did not however justify the difference. The rules were unlawful discrimination.Lord Hoffmann … Continue reading In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008
The court considered the approval required for an order under the 2002 Act. Held: Welfare considerations were important but not paramount: ‘Given the permanent nature of the order under s.30, it seems reasonable that the court should adopt the ‘lifelong’ perspective of welfare in the Adoption and Children Act 2002 rather than the ‘minority’ perspective … Continue reading In re X and Y (Foreign Surrogacy): FD 9 Dec 2008
The defendant had used public telephones to cause nuisance, annoyance, harassment, alarm and distress. He had made hundreds of obscene telephone calls to at least 13 women, and was convicted of causing a public nuisance. He argued that no call caused distress to more than one person, and that it was wrong to aggregate them. … Continue reading Regina v Johnson: CACD 14 May 1996
The Court considered whether, on exercising a break clause in a lease, the tenant was entitled to recover rent paid in advance. Held: The appeal failed. The Court of Appeal had imposed what was established law. The test for whether a clause might be implied in a contract is: ‘that it is necessary for business … Continue reading Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another: SC 2 Dec 2015
The first applicant had been chairman of a jury and had expressed his concerns about their behaviour to the second applicant who published them. They were prosecuted under the 1981 Act. They had said that no details of the deliberations had been revealed and that the articles had been general in nature. The main concern … Continue reading Seckerson and Times Newspapers Ltd v The United Kingdom: ECHR 24 Jan 2012
The defendant had been a co-accused on a charge of murder. He appealed saying the judge had incorrectly directed the jury on the relevance of his co-accused’s previous convictions for violence. Held: The appeal was allowed. He should have been allowed in his own defence to bring in evidence of the co-accused’s previous violent record … Continue reading Regina v Randall (EP): CACD 21 Feb 2003
EAT RACE DISCRIMINATION Inferring discrimination Comparison Appeal by the Hospital Trust on grounds that (a) there was a failure to construct a true hypothetical comparator (b) there was a failure to properly consider whether the treatment of the Claimant was on racial grounds under s.1(1)(a) of the Race Relations Act 1976 and (c) there were … Continue reading Central Manchester University Hospitals Nhs Foundation Trust v Browne: EAT 10 Feb 2012
EAT Jurisdictional Points : 2002 Act and Pre-Action Requirements – Claims under the Race Relations Act 1976 – Judge wrong to hold that employee had failed to lodge a relevant grievance for the purpose of section 32 of the Employment Act 2002 (dicta of Elias P in Martin v Class Security Installations Ltd that the … Continue reading Odukwe v The Partners of Hoare Lea Consulting Engineers: EAT 27 Jan 2012
EAT PRACTICE AND PROCEDURE – Striking-out/dismissalRACE DISCRIMINATIONHARASSMENTConsideration of ss.12(1A) and 27A Race Relations Act 1976. Employment Judge correct in striking out Claimant’s complaint of harassment under s.3A RRA on particular facts of this case. Judges: Peter Clark J Citations: [2011] UKEAT 0201 – 11 – 0411, [2011] UKEAT 0202 – 11 – 0411 Links: Bailii, … Continue reading Vaidya v The General Medical Council: EAT 4 Nov 2011
(County Court) The defendant landlord granted the plaintiff a three year assured shorthold tenancy. He now appealed a finding that he was in breach of an implied covenant to maintain the space heating, and otherwise. The tenant had returned the keys. The court was asked whether the landlord by his breach had committed a repudiatory … Continue reading Hussain v Mehlman: CC 5 Mar 1992
Judges: Mummery, Richards, Rimer LJJ Citations: [2011] EWCA Civ 1519 Links: Bailii Statutes: Race Relations Act 1976 Jurisdiction: England and Wales Citing: Appeal from – Bouzir v Country Style Foods Ltd EAT 18-May-2011 EAT RACE DISCRIMINATION – Burden of proofThe Employment Tribunal did not apply section 54A(2) of the Race Relations Act 1976. The facts … Continue reading Country Style Foods Ltd v Bouzir: CA 8 Dec 2011
EAT Race Discrimination – Discrimination by other bodiesPractice and Procedure – Amendment(a) The Employment Tribunal correctly held it had no jurisdiction to hear Claimant’s case brought under the Race Relations Act 1976 s12 against the General Medical Council as a qualifying body.(b) If it did, and if it were necessary to decide the point, the … Continue reading Tariquez-Zaman v General Medical Council: EAT 20 Dec 2006
EAT RACE DISCRIMINATION: Aiding and abetting Issues relating to s11 and s33 Race Relations Act 1976 correctly dealt with by a Tribunal on a striking-out application. Judges: Ansell J Citations: [2008] UKEAT 0270 – 08 – 1408 Links: Bailii Statutes: Race Relations Act 1976 11 33 Jurisdiction: England and Wales Employment, Discrimination Updated: 01 October … Continue reading Shestak v Royal College of Nursing and others: EAT 14 Aug 2008
EAT SEX DISCRIMINATION – Marital status The Employment Tribunal, which upheld the Claimant’s unfair dismissal claim, was wrong to hold that the protection under section 3 of the Sex Discrimination Act as amended of married persons does not include protection of a person who is discriminated against on the ground that she is married to … Continue reading Dunn v The Institute of Cemetery and Crematorium Management: EAT 2 Dec 2011
Leave to apply was pursued under the provisions of a Tomlin order. The parties had disputed the extent to which parts of the order should be exhibited to the court. Held: The Tomlin order should be amended to add terms necessary to give effect to the parties’ intentions. Citations: [2006] EWHC 904 (Ch) Links: Bailii … Continue reading Donington Park Leisure Ltd v Wheatcroft and Son Ltd: ChD 7 Apr 2006
The tenant appealed against an order granting possession. The tenancy, being held of a mutual housing co-operative did not have security but was in a form restricting the landlord’s right to recover possession, and the tenant resisted saying that it was worded to create a lease for life (applying the LRB case). Held: The tenant’s … Continue reading Berrisford v Mexfield Housing Co-Operative Ltd: SC 9 Nov 2011
The Council appealed against the grant by the Magistrates of a hackney carriage and private hire vehicle drivers licenses to the defendant. The defendant had been convicted on his admission of an assault by beating. Judges: Bidder QC J Citations: [2011] EWHC 2943 (Admin) Links: Bailii Statutes: Local Government (Miscellaneous Provisions) Act 1976 51 59 … Continue reading Cherwell District Council v Anwar: Admn 10 Nov 2011
The deceased died in a road traffic accident whilst serving in the Armed forces in Germany. The driver was insured under German law. The widow now claimed damages in England. She had entered a new relationship. Held: The object of section 844 of the German regulations was to restore the claimant to the financial position … Continue reading Cox v Ergo Versicherung Ag and Another: QBD 28 Oct 2011
EAT Race Discrimination : Direct – Indirect – Continuing actThe Employment Tribunal was correct to find that it had no jurisdiction to entertain claims for direct and indirect discrimination on the grounds of race as the claims were issued out of time, and no application had been made to extend time.Although the Employment Tribunal may … Continue reading Ruhaza v Alexander Hancock Recruitment Ltd: EAT 4 Nov 2011
The appellants challenged the compatibility with the European Convention on Human Rights of the system for recovery of costs in civil litigation in England and Wales following the passing of the Access to Justice Act 1999. The parties had been involved in very substantial litigation over an alleged nuisance. The claimants’ lawyers had acted under … Continue reading Coventry and Others v Lawrence and Another: SC 22 Jul 2015
Miss Singh challenged her school’s policy which operated to prevent her wearing while at school a steel bangle, a Kara. She said this was part of her religion as a Sikh. Held: Earlier comparable applications had been made under human rights law, but this was under the 1976 Act. The evidence established that the Sikh … Continue reading Watkins-Singh, Regina (on the Application of) v The Governing Body of Aberdare Girls’ High School and Another: Admn 29 Jul 2008
A branch overhanging the road, fell off causing a death. His PR claimed damages, but failed in the County Court. The death of an individual killed by a branch falling from a tree overhanging the highway was not attributable to the negligence of the local authority. The judge found that extensive internal decay was a … Continue reading Micklewright v Surrey County Council: CA 28 Jul 2011
(Election Court) Judges: Lord Migdale Citations: [1964] ScotCS 3, 1965 SC 315, 1965 SLT 186 Links: Bailii Jurisdiction: Scotland Cited by: Distinguished – Director of Public Prosecutions v Luft HL 26-May-1976 The defendants were campaigning against the National Front in an election. They were separately said to have distributed leaflets infringing the 1949 Act, in … Continue reading Grieve v Douglas-Home: SCS 23 Dec 1964
In each case the tenants requested adjournment of the possession proceedings brought against them by the landlord for arrears of rent to allow them time to bring the arrears below the level at which a possession order could be made. In each case it was said that the situation arose from maladministration by the local … Continue reading North British Housing Association Ltd v Matthews, Same v Others: CA 21 Dec 2004
The claimant had been dismissed as a teacher by the respondent Roman Catholic school after she became pregnant by a priest. She had been found to have been unfairly dismissed, but the tribunal had rejected her claim of discrimination for pregnancy. Judges: Mummery J P Citations: [1996] IRLR 372, [1997] ICR 33, [1996] UKEAT 1180 … Continue reading O’Neill v Governors of St Thomas More RC School and Another: EAT 24 May 1996
Appeal from refusal of jurisdiction Judges: Morison P J Citations: [1998] UKEAT 116 – 98 – 1102 Links: Bailii Statutes: Race Relations Act 1976, Trade Union and Labour Relation (Consolidation) Act 1992 Jurisdiction: England and Wales Cited by: See Also – Aniagwu v London Borough of Hackney and Another EAT 2-Sep-1998 . .See Also – … Continue reading Aniagwu v London Borough of Hackney and Another: EAT 11 Feb 1998
The parties had contracted to trade global depository notes issued by the Peruvian government. Each made mistakes as to their true value, thinking them scraps worth a few thousand dollars, whereas their true value was over $8m. On the defendant recognising their worth, they sought to sell and pocket the profit. The claimant sought restitutionary … Continue reading Lehman Brothers International (Europe) v Exotix Partners Llp: ChD 9 Sep 2019
EAT RACE DISCRIMINATION – Burden of proofThe Employment Tribunal did not apply section 54A(2) of the Race Relations Act 1976. The facts upon which the Claimant relied, taken as a whole were such that the Tribunal could conclude in the absence of an adequate explanation that the Respondent refused or deliberately omitted to offer him … Continue reading Bouzir v Country Style Foods Ltd: EAT 18 May 2011
The question agreed to be before the court was ‘Where an insurer incurs costs in investigating settling or defending claims by his insured, can the insurer recover a proportion of these costs under a quota share or other form of proportional re-insurance?’ the syndicate argued that it was in the nature of a proportional re-insurance … Continue reading Baker v Black Sea and Baltic General Insurance Co Ltd: HL 20 May 1998
The police had arrested three peaceful but vociferous preachers when some members of a crowd gathered round them threatened hostility. Held: Freedom of speech means nothing unless it includes the freedom to be irritating, contentious, eccentric, heretical, unwelcome and provocative provided it did not tend to provoke violence. There was no reasonable inference available in … Continue reading Redmond-Bate v Director of Public Prosecutions: Admn 23 Jul 1999
A husband and wife had each executed the will which had been prepared for the other, owing to an oversight on the part of their solicitor; the question which arose was whether the will of the husband, who died after his wife, was valid. The parties disputed whether the will have been validly executed, and … Continue reading Marley v Rawlings and Another: SC 22 Jan 2014
A had been chairman of the claimant bank. After removal, A fled to the UK, obtaining asylum. The bank then claimed embezzlement, and was sentenced for contempt after failing to disclose assets when ordered, but fled the UK. The Appellant, K, was A’s son-in-law living in Switzerland. It was claimed that he had assisted A … Continue reading JSC BTA Bank v Khrapunov: SC 21 Mar 2018
The landlord had wanted possession. The tenant said that the landlord had been harassing him. The landlord said that the tenancy was a mixed residential and business tenancy and that the 1977 Act did not apply. Held: The 1977 Act applied. A tenancy for mixed purposes falls under the protection of the Act of 1954, … Continue reading Pirabakaran v Patel and Another: CA 26 May 2006
(Isle of Man) A scheme of arrangement was proposed for a company with involvement in several jurisdictions. An order in New York sought assistance in the vesting of shares and assets in the Isle of Man in the creditors committee. Cambridge was a majority shareholder in the Isle of Man company, but had no involvement … Continue reading Cambridge Gas Transport Corp v Official Committee of Unsecured Creditors (of Navigator Holdings Plc and Others): PC 16 May 2006
The applicant cleaner sought compensation for unfair dismissal. The issue was whether she was an employee of the respondents, of their client where she did her work, or was not an employee at all. She worked for an agency, who sent her out to offices to work. The court was called upon to give guidance … Continue reading Brook Street Bureau (UK) Ltd v Dacas: CA 5 Mar 2004
The claimant said that the respondent had awarded a contract for works at the House of Commons disregarding its obligations under European law as regards open tendering. Citations: [1999] EWHC Technology 199, 1996 ORB No 1151, (1999) 67 Con LR 1 Links: Bailii Statutes: Public Works Contracts Regulations 1991 Jurisdiction: England and Wales Citing: Cited … Continue reading Harmon CFEM Facades (UK) Limited v The Corporate Officer of The House of Commons: TCC 28 Oct 1999
The claimant appealed refusal to award damages after an alleged failure to give a proper reference, saying that the decision in Fadipe could not stand with the later decision in Rhys-Harper. She said that she had suffered victimisation after making a protected disclosure, but after having left the company. The company said that the Act … Continue reading Woodward v Abbey National Plc: CA 22 Jun 2006
The pursuers contracted to remove coal by opencast mining from the defender’s land. They said the contract assumed the removal first of substantial peat depositys from the surface by a third party. They had to do that themselves at substantial cost. They said the defenders should have issued a variation to allow them to claim … Continue reading AMEC Mining v Scottish Coal Company: SCS 6 Aug 2003
Solicitor firms had been made bankrupt leaving a shortfall after thefts from client accounts of over 12 million pounds. The thief had diappeared, and the other partners were now discharged form bankruptcy. The Law Society accepted that it could not proceed to claim against the discharged bankrupts, but now sought recovery from their insurers. Held: … Continue reading Law Society of England and Wales and others v Shah and others: ChD 30 Nov 2007
The parties disputed the meaning of an patent and know how licence. The parties disputed whether the agreement referred to IP rights before formal patents had been granted despite the terms of the agreement. Held: ‘The secret of drafting legal documents was best described by Nicolas Boileau, who was not only a literary critic but … Continue reading Oxonica Energy Ltd v Neuftec Ltd: PatC 5 Sep 2008
Citations: [2011] EWCA Civ 160 Links: Bailii Statutes: Local Government (Miscellaneous Provisions) Act 1976 47 Jurisdiction: England and Wales Licensing, Local Government Updated: 02 September 2022; Ref: scu.429725
The claimant was employed by the Army. He claimed that he was racially discriminated against because the army refused to provide him with Halal meat. Held: The 1976 Act first required the applicant to have exhausted the Army’s own internal grievance procedures. He had not done so. The employment tribunal therefore had no jurisdiction to … Continue reading Mangera v Ministry of Defence: CA 19 May 2003
The claimant had undergone heart surgery as an infant in 1976, and claimed damages for professional negligence. The procedure involved a dangerous procedure, a resection of coarctation. As a consequence, the Claimant suffered a number of problems associated with neurological deficit and partial paraplegia. Held: As to limitation, the knowledge required to satisfy s.14(1)(b) is … Continue reading Mirza v Birmingham Health Authority: QBD 31 Jul 2001
The defendant applied for an order declaring that the claim would better be brought in an employment tribunal and that accordingly the County court should decline jurisdiction. Held: The application was dismissed: ‘ I reject the submission by the Defendant that convenience must be judged in some abstract way by reference to whether a case … Continue reading Abdulla and Others v Birmingham City Council: QBD 17 Dec 2010
Appeal against award of expenses at fatal accident enquiry. Judges: Lord President, Lord Reed, Lord Marnoch Citations: [2009] ScotCS CSIH – 43, 2009 GWD 22-355, 2009 SLT 597 Links: Bailii Statutes: Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Jurisdiction: Scotland Costs Updated: 01 September 2022; Ref: scu.346592
Application for relief from sanctions by several defendants. Judges: Oliver-Jones QC HHJ Citations: [2013] EWHC B29 (QB) Links: Bailii Jurisdiction: England and Wales Litigation Practice Updated: 31 August 2022; Ref: scu.519764
The claimant had succeeded in her claim for constructive unfair dismissal, and of sex and race discrimation at the tribunal. The EAT reversed the discrimination findings saying that the claimant had not set them out in her ET1, and the Tribunal had wrongly extended them, giving the respondents no fair notice. She now appealed against … Continue reading Hewage v Grampian Health Board: SCS 14 Jan 2011
Proceedings were brought in England. The respondents sought a stay, saying the company was subject to insolvency proceedings in Germany. Held: Our domestic insolvency law was not applicable to foreign proceedings, and so could not be used to order a stay of proceedings here. (a) the English court has jurisdiction to determine Apex’s claim for … Continue reading Mazur Media Limited and Another v Mazur Media Gmbh in Others: ChD 8 Jul 2004
The claimant appealed against a finding that there had been no race discrimation in her case. She had overheard a manager refer to her as ‘the wog’. She said that this was sufficient to mean that she suffered a detriment. The employer replied that the word detriment shouldbe looked at not by the effect on … Continue reading De Souza v Automobile Association: CA 19 Dec 1985
EAT RACE DISCRIMINATION Inferring discrimination Burden of proof UNFAIR DISMISSAL Procedural fairness / automatically unfair dismissalThe Employment Tribunal misdirected themselves in applying Section 54A of the Race Relations Act 1976. They erred in holding that the burden of proof passed to the Respondents on the Claimant establishing a prima facie case that they could have … Continue reading Hammonds Llp and Others v Mwitta: EAT 1 Oct 2010
Judges: Lambert J DBE Citations: [2020] EWHC 3506 (QB), [2020] WLR(D) 700 Links: Bailii, WLRD Statutes: Congenital Disabilities (Civil Liability) Act 1976 Jurisdiction: England and Wales Professional Negligence Updated: 24 August 2022; Ref: scu.656965
The court was asked whether the statutory burden of proof in a case of alleged direct race discrimination was properly understood and applied by the Employment Tribunal in accordance with section 54A(2) of the Race Relations Act 1976, as amended. Held: The appeal was allowed. The ET had erred as to the law. Judges: Mummery, … Continue reading St Christopher’s Fellowship v Walters-Ennis: CA 30 Jul 2010
An assault is an act by which the defendant intentionally or recklessly causes the complainant to apprehend immediate, or to sustain, unlawful personal violence. The jury ought to be directed that the defendant cannot be guilty of an assault unless the prosecution proves that he acted with the mental element necessary to constitute his action … Continue reading Regina v Venna: CACD 31 Jul 1975
Judges: Lord Justice Buxton Lord Justice Lloyd Lord Justice Richards Citations: [2006] EWCA Civ 287 Links: Bailii Statutes: Fatal Accidents Act 1976 4 Jurisdiction: England and Wales Citing: Cited – Wood v Bentall Simplex Ltd CA 1992 No aspect of the law of damages has been found in practice to be more dependent on the … Continue reading Harland and Wolff Plc Husbands Ltd v Patricia Lillian Mcintyre: CA 28 Mar 2006
Leases contained break clauses which the tenant purported to exercise. The landlord replied that they were ineffective because the tenant had not complied with his repair covenants. The dispute appeared settled after negotiations, and the settlement was embodied in an agreement. The tenant did not vacate the premises in time, and the landlord said the … Continue reading Legal and General Assurance Society Ltd v Expeditors International (Uk) Ltd: CA 24 Jan 2007
Death of passenger falling from ferry and drowning. Judges: Forbes J Citations: [2005] EWHC 420 (QB) Links: Bailii Statutes: Fatal Accidents Act 1976, Law Reform (Miscellaneous Provisions) Act 1934 Jurisdiction: England and Wales Personal Injury Updated: 22 August 2022; Ref: scu.224549
