EAT RACE DISCRIMINATION – Inferring DiscriminationTribunal wrong to apply test in King v Great Britain-China Centre [1992] ICR 516 instead of applying s.54A of Race Relations Act 1976 on the basis that the Claimant was claiming ‘colour discrimination’ – Chagger v Abbey National plc [2009] ICR 624 followed – but held that there was on … Continue reading Edozie v Group 4 Securicor Plc and Another: EAT 3 Jun 2009
The claimant sought damages after his treatment as a disabled person whilst held in immigration detention centres. The court dismissed his claim on the basis of Amin. Held: The application of the Amin case was too simplistic. The various services provided at the detention centre were only to some extent purely governmental. A disabled person … Continue reading Gichura v Home Office and Another: CA 20 May 2008
The charterers were held liable to the shippers for the cost of repairing the vessel when containers containing bleach exploded. The charterers had established a compensation limitation fund in France. Held: The liability of the charterers was defined by the type of claim brought, not by the capacity in which he acted. The charterers appeal … Continue reading CMA CGM Sa v Classica Shipping Co Ltd ‘The CMA Djakarta’: CA 12 Feb 2004
EAT RACE DISCRIMINATION Aiding and abetting Contract workers The Employment Tribunal erred in law in finding that a contract worker made the Claimant’s employer liable for direct race discrimination under sections 32 and 33 of the Race Relations Act 1976. The Tribunal failed to (a) make necessary findings of fact (b) to analyse the facts … Continue reading May and Baker Ltd (T/A Sanofi-Aventis Pharma) v Okerago: EAT 17 Feb 2010
EAT RACE DISCRIMINATION: Contract workersLeeds contracted with WN for WN to provide housing services. WN contracted with Leeds for a department of Leeds to provide housing services back to WN so that WN could discharge its contractual duty to Leeds. WN employed Claimant. WN supplied Claimant to Leeds. Leeds employed Mr Chapman. Pursuant to section … Continue reading Leeds City Council v Woodhouse and Others: EAT 21 Apr 2009
The claimants appealed rejection of their claim for compensation as shareholders on the rescue of Northern Rock plc. Citations: [2009] EWCA Civ 788 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Handyside v The United Kingdom ECHR 7-Dec-1976 Freedom of Expression is Fundamental to SocietyThe appellant had published a ‘Little Red Schoolbook’. He was … Continue reading SRM Global Master Fund Lp and Others v Her Majesty’s Treasury: CA 28 Jul 2009
The claimant challenged a decision that it was liable for non domestic rates in respect of some commercial units, on the basis that the use by the charity was not itself charitable. Held: ‘there is no reason for limiting the ambit of the phrase in the way contended for by the Appellant. As was pointed … Continue reading Kenya Aid Programme v Sheffield City Council: Admn 22 Jan 2013
Citations: [2012] ScotSC 54 Links: Bailii Jurisdiction: Scotland Coroners Updated: 28 July 2022; Ref: scu.463915
Citations: [2012] ScotSC 53 Links: Bailii Jurisdiction: Scotland Coroners Updated: 28 July 2022; Ref: scu.463914
The claimant’s husband had been employed by the defendant and had suffered severe head injuries because of malfunctioning machinery. He suffered post-traumatic stress disorder and that led to depression. He ultimately committed suicide. His widow claimed against the employers for loss attributable to her husband’s death by suicide. Held: The claim was dismissed. It was … Continue reading Corr v IBC Vehicles Ltd: QBD 28 Apr 2005
EAT UNFAIR DISMISSALThe Employment Tribunal erred when it found the employee was not unfairly dismissed. There was no disciplinary hearing. In the light of London Ambulance Service NHS Trust v Small [2009] EWCA Civ 220 the Employment Tribunal concentrated wrongly on the conduct of the Claimant and not upon the conduct of the Respondent. In … Continue reading Knight v Treherne Care and Consultancy Ltd: EAT 15 Apr 2009
The defendant was on probation. He moved, but did not tell his officer who wrote to him, and on receiving no reply, applied to court who issued a summons, and then a warrant not backed for bail. Held: The offences were not under the 1976 Act, since he had not been on bail, and, since … Continue reading Noble, Regina v: CACD 24 Jun 2008
Appeal by way of case stated from the Youth Court as to the decision of the District Judge to hear at the same time and to give a single judgment where (a) there was a trial of one of two co-defendants who had pleaded not guilty to robbery and (b) there was a Newton hearing … Continue reading KK v Director of Public Prosecutions: Admn 29 Jul 2016
The defendant appealed against a confiscation order saying that it should not have been set at values which reflected the black market value of the drugs he had imported. Held: The appeal failed. The court could take account of the illegal market value of drugs when setting the amount of a confiscation order. (Lord Walker … Continue reading Islam, Regina v: HL 10 Jun 2009
EAT UNFAIR DISMISSAL: Constructive dismissalWhether fundamental breach of implied term of trust and confidence cured, so that the Claimant’s resignation did not amount to constructive dismissal.Whether the range of reasonable responses test has any place in the question as to whether an employee has been constructively dismissed. Fairbrother and Claridge considered and not followed.General observations … Continue reading Bournemouth University Higher Education Corp v Buckland: EAT 8 May 2009
The House was asked whether a patient detained for treatment under the 1983 Act can be treated against his will for any mental disorder from which he is suffering or only for the particular form of mental disorder from which he is classified as suffering for the purpose of the order or application authorising his … Continue reading B, Regina (on the Application of) v Ashworth Hospital Authority: HL 17 Mar 2005
The court considered how a Part 36 offer could be treated as accepted when it involved an agreement to transfer land, because the offer and its acceptance would not operate under the 1989 Act. Held: The agreement was enforceable. The Civil Procedure Rules, and the inherent jurisdiction of the court, allowed the creation of rights … Continue reading Orton v Collins and others: ChD 23 Apr 2007
EAT Unfair dismissal – Reasonableness of dismissalWhere an employee is long-term absent on grounds of ill health, and his pension scheme contains provisions entitling him to an ill health pension on grounds of permanent incapacity, an employer will generally be expected to give consideration to ill health retirement before dismissing for incapacity.The Tribunal did not … Continue reading First West Yorkshire Ltd (T/A First Leeds) v Haigh: EAT 20 Nov 2007
ECJ Action for annulment – Decision of the European Parliament of 24 May 2007 on the verification of the credentials of Beniamino Donnici Member of the European Parliament Verification of the credentials of a Member of the Parliament Appointment of a member resulting from the withdrawal of candidates Articles 6 and 12 of the 1976 … Continue reading Italy v Parliament C-393/07 (Law Governing The Institutions): ECJ 30 Apr 2009
ECJ Action for annulment Decision of the European Parliament of 24 May 2007 on the verification of the credentials of Beniamino Donnici Member of the European Parliament – Verification of the credentials of a Member of the Parliament Appointment of a member resulting from the withdrawal of candidates Articles 6 and 12 of the 1976 … Continue reading Italy v Parliament C-9/08 (Law Governing The Institutions): ECJ 30 Apr 2009
EAT SEX DISCRIMINATION: Burden of proofRACE DISCRIMINATION: Inferring discrimination Tribunal found Claimant to have suffered both sex and race discrimination in course of her employment as a consultant orthodontist. On appeal, Tribunal found to have failed to carry out a like for like comparison with chosen comparators and to have, wrongly, only considered Appellants’ submissions … Continue reading Grampian Health Board v Hewage: EAT 4 Feb 2009
The defendant had been convicted of publishing obscene articles for gain under the Act. He lived in London, and published a web site which was stored or hosted abroad, containing pornographic items. The investigating officer had called up the web-site from within the UK. The defendant appealed saying that he had not acted within the … Continue reading Regina v Perrin: CACD 22 Mar 2002
EAT PRACTICE AND PROCEDURE: Striking-out/dismissal VICTIMISATION DISCRIMINATION: Other forms of victimisation The Employment Judge wrongly struck out the Claimant’s claim of victimisation under the Race Relations Act 1976 when, post-termination of employment, the Claimant contended the Respondent took steps to avoid paying a sum awarded by the Employment Tribunal and ordered by the County Court. … Continue reading Coutinho v Rank Nemo (DMS) Ltd: EAT 16 Sep 2008
The defendant appealed against a refusal to set aside the grant of leave to serve outside the jurisdiction granted to the claimant. Neither party conducted and business in England, and the contract was made in Switzerland, but was expressed to be subject to English law. Held: The appeal failed.Lawrence Collins LJ said: I accept that … Continue reading Novus Aviation Ltd v Onur Air Tasimacilik As: CA 27 Feb 2009
The council appealed against a decision that the crown court had jurisdiction to extend the time for appeal against refusal of a private hire vehicle licence. Held: The court did not have the jurisdiction it used: ‘The terms of the section 300 of the Public Health Act 1936 are, in my view clear. A fixed … Continue reading Stockton-On-Tees Borough Council v Latif: Admn 13 Feb 2009
The court discussed the meaning of ‘other status’ under article 14, saying: ‘Article 14 prohibits, within the ambit of the rights and freedoms guaranteed, discriminatory treatment having as its basis or reason a personal characteristic (‘status’) by which persons or groups of persons are distinguishable from each other.’ Citations: 5926/72, [1976] ECHR 6, 5095/71, 5920/72, … Continue reading Kjeldsen, Busk Madsen and Pedersen v Denmark: ECHR 7 Dec 1976
The right to respect for private life was held to ‘comprise also, to a certain degree, the right to establish and develop relationships with other human beings’. Citations: 6825/74, [1976] ECHR 7, (1976) 5 DR 86 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: England and Wales Cited by: Cited – Wright and Others, … Continue reading X v Iceland: ECHR 18 May 1976
Renewed application for permission to pursue a second appeal in order to challenge an order of Lewison J, dated 13 November 2007, upholding a decision of the Special Commissioners that the appellant was domiciled in England and Wales in the relevant tax years. That decision followed the finding by the Special Commissioners that the appellant … Continue reading Gaines-Cooper v Revenue and Customs: CA 23 Oct 2008
‘The main submission for the defenders was that the pursuers could not rely on Condition 5 to avoid liability for breaches of contract because the particular circumstances averred by the defenders as justifying their actions were not expressly covered by the condition. It was said that as the defenders averred that the pursuers’ failure in … Continue reading Alexander Stephen (Forth) Ltd v J J Riley (UK) Ltd: SCS 2 Mar 1976
The claimant was injured playing football with his son while playing football at a caravan park owned by the defendant. He appealed dismissal of his claim. They had been using goal posts which collapsed on him injuring his face. It had not been anchored as required by the manufacturer. Held: The appeal was allowed. The … Continue reading Hall v Holker Estate Co Ltd: CA 17 Dec 2008
EAT JURISDICTIONAL POINTS: Extension of time: just and equitable In considering whether it is just and equitable to exercise its discretion under Section 68 of the Race Relations Act 1976 to extend the time for the submission of the Originating Application the Employment Tribunal should have regard to the total period of delay. Citations: [2008] … Continue reading Orchid Pubs Ltd v Griffiths: EAT 25 Sep 2008
The plaintiffs had supplied petrol to the defendant who owned two filling stations. The defendant prepared a statement of affairs ready to hold a meeting of creditors. The plaintiffs took their claim to judgement and obtained a charging order nisi to secure it. The defendant sought to prevent the order being made absolute so as … Continue reading Roberts Petroleum Ltd v Bernard Kenny Ltd (in liquidation): CA 1982
Civil servants formed a trade union which entered into collective negotiation with a local authority resulting in an agreement. Union members then sued the authority for failing to fulfil the agreement. The local Court found in favour of the members. The Court of Cassation first quashed the ruling, on the basis that, even though there … Continue reading Demir And Baykara v Turkey: ECHR 12 Nov 2008
The court considered the use of injunctions to restrain breaches of planning control. The applicants were gypsies who had taken up occupation of land in mobile homes. The respondent had given them twelve months for them to find alternative accomodation. The extended time was intended to minimise disruption to the children’s education. Held: Even if … Continue reading O’Brien and others v South Cambridgeshire District Council: CA 24 Oct 2008
EAT RACE DISCRIMINATION: Direct / Burden of proof / Other losses PRACTICE AND PROCEDURE: Delay in ET judgment STATUTORY DISCIPLINE and GRIEVANCE PROCEDURES: Impact on compensation C, aged 40, dismissed from bank ostensibly for redundancy, but the dismissal held by the Employment Tribunal to have been unfair and on racial grounds – Decision announced informally … Continue reading Abbey National Plc and Another v Chagger: EAT 16 Oct 2008
Judges: Shuman J Citations: [2019] EWHC 1976 (Ch) Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 2 Jurisdiction: England and Wales Wills and Probate Updated: 19 July 2022; Ref: scu.640059
EAT RACE DISCRIMINATION: Direct PRACTICE AND PROCEDURE: Appellate jurisdiction< br />On application of Race Relations Act 1976 the Employment Tribunal did not err in rejecting the Claimant’s complaint that, in context, depiction of her as Mediterranean was unlawful discrimination. Employment Appeal Tribunal procedure on appeals explained. Judges: McMullen QC J Citations: [2008] UKEAT 0006 – … Continue reading Haritaki v South East England Development Agency: EAT 22 Jul 2008
Citations: [2005] EWHC 2564 (Admin) Links: Bailii Statutes: Town Police Clauses Act 1847 837, Local Government Miscellaneous Provisions Act 1976 47 Jurisdiction: England and Wales Licensing, Local Government Updated: 18 July 2022; Ref: scu.235405
Saad Investments was a Cayman Islands company in liquidation. The liquidator brought an action here, but the defendant sought a stay saying that another forum was clearly more appropriate. Shares in Saudi banks were said to be held in trust for the company, but Saudi law would not recognise such trusts. The shares had been … Continue reading Akers and Others v Samba Financial Group: SC 1 Feb 2017
Judges: Anthony Thornton QC J Citations: [2010] EWHC 2004 (QB) Links: Bailii Statutes: Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1976 Jurisdiction: England and Wales Personal Injury Updated: 18 July 2022; Ref: scu.421377
The Revenue had published a booklet, IR20, setting out their approach to the interpretation of the phrases ‘residence’ and ‘ordinary residence’. The taxpayer said that this was a more generous definition than the statutory one, and that having acted on it he had a legitimate expectation that the booklet’s interpretation would continue to be applied. … Continue reading Davies and Another, Regina (on The Application of) v Revenue and Customs: SC 19 Oct 2011
The parties had undertaken the sale of a business (from I to TR) with part of the consideration to be payable on later calculation of the turnover. The agreement provided for an audit if the parties failed to agree. TR issued a figure. I argued that TR had caused additional losses by failing to maintain … Continue reading Inveresk Plc v Tullis Russell Papermakers Ltd: SC 5 May 2010
EAT RACE DISCRIMINATION Detriment CONTRACT OF EMPLOYMENT Wrongful dismissal Appellant wrongly and unreasonably accused by employers of sexual harassment. Employers accept his denial but instruct him not seek to discuss the charges with the alleged victim. Appellant subsequently disobeys that instruction and is summarily dismissed.Tribunal holds:(1) Appellant not entitled to a claim that dismissal was … Continue reading Olasehinde v Panther Securities Plc: EAT 10 Jun 2008
Application for leave to appeal. Judges: Munby J Citations: [2008] EWHC 1665 (Admin) Links: Bailii Statutes: Race Relations Act 1976 Jurisdiction: England and Wales Citing: Principle judgement – E v The Governing Body of JFS and Another Admn 3-Jul-2008 The court considered the impact of secular discrimination policy on admissions policies of religious schools. Held: … Continue reading E v The Governing Body of JFS and Another: Admn 16 Jul 2008
EAT Sex Discrimination – Inferring DiscriminationThe claimant sought compenstion for sex discrimination. She appealed a finding of a material factor justifying the difference in pay. Held: The new provisions included reference to the Code of Practice issued by the Equal Opportunities Commission, which provided that the employer should provide a transparent system for setting pay … Continue reading Barton v Investec Henderson Crosthwaite Securities Ltd: EAT 6 Mar 2003
The claimant injured herself tripping over a depression in the pavement. The council appealed a finding that it was in breach of its duty, saying that it had inspected the footway every six months. Held: The appeal succeeded. Any collapse at this site would be from a cellar underlying the pavement, which might happen suddenly. … Continue reading Harrison v Derby City Council: CA 21 Apr 2008
A leisure centre appealed a finding of liability under the 1957 Act after a customer slipped on water by a jacuzzi and injured herself, saying that the judge imposed too high a duty of care. Held: The appeal succeeded. ‘If the claimant can prove facts which support the inference that the defendant was at fault, … Continue reading Tedstone v Bourne Leisure Ltd (T/A Thoresby Hall Hotel and Spa): CA 7 May 2008
The claimant was a victim of the Ladbroke Grove rail crash. He later committed and was convicted of a manslaughter and detained under the 1983 Act. He said that the accident had caused a major personality change. The defendant relied on the defence of ex turpi causa non oritur actio. Held: The claimant’s appeal succeeded. … Continue reading Gray v Thames Trains Ltd and Another: CA 25 Jun 2008
EAT VICTIMISATION DISCRIMINATION: DismissalUNFAIR DISMISSAL: Reasonableness of dismissalReason for dismissal for purposes of (a) s2 RRA victimisation claim and (b) unfair dismissal. Whether s2(2) RRA disqualified the Claimant from pursuing victimisation claim. Reasonableness under s98(4) dependant on (a) finding of victimisation being upheld (it was not) and (b) finding of failure to carry out reasonable … Continue reading HM Prison Service and others v Ibimidun: EAT 2 Apr 2008
The claimants were interested under a pension scheme. Alterations had been made, which the said had been in error, and they sought rectification to remove a link between early leaver benefits and incapacity benefits. The defendant trustees agreed that there had been a mistake, but chose not to correct it. The potential cost to the … Continue reading AMP (UK) Plc and Another v Barker and Others: ChD 8 Dec 2000
Collin J considered the relation between the withholding of bail and human rights law saying: ‘The approach under the Bail Act is entirely consistent with the approach of the European Court as regarded proper under Article 5, namely there must be a grant of bail unless there are good reasons to refuse. The approach therefore … Continue reading Regina (on application of Thompson) v Central Criminal Court: Admn 6 Oct 2005
EAT Statutory Discipline and Grievance Procedures – Whether infringed Practice and Procedure – Application/claim The ET struck out the employee’s claims against Respondent (1), her employers, and Respondent (2), the managers of the unit in which she worked, that she had been the victim of race discrimination and rejected her review application. The basis of … Continue reading Henry v London Borough of Southwark and Another: EAT 26 Feb 2008
Appeal re award of interest on claim under Fatal Accidents Act.Hooper LJ confessed: ‘I do not understand why chronological years are deducted from the multiplier’. Judges: Sir Mark Potter P, Hooper, Moses LJJ Citations: [2008] EWCA Civ 413, [2008] 4 All ER 699 Links: Bailii Statutes: Fatal Accidents Act 1976 Jurisdiction: England and Wales Citing: … Continue reading A Train and Sons Ltd v Fletcher: CA 24 Apr 2008
The court was asked as to whether the provisions for the reversal of the burden of proof in discrimination cases was limited to findings of discrimination or extended also to issues of victimisation, and as to whether section 5A had properly incorporated the European Directive. Held: The test in section 54A and in Igen v … Continue reading Oyarce v Cheshire County Council: CA 2 May 2008
Statutory appeal by the Office of Government Commerce (the OGC) against two decisions of the Information Tribunal relating to gateway reviews carried out by the OGC of the Government’s identity card programme. Judges: Stanley Burnton J Citations: [2008] EWHC 774 (Admin), [2008] ACD 54, [2009] 3 WLR 627, [2010] QB 98 Links: Bailii Jurisdiction: England … Continue reading Office of Government Commerce v Information Commissioner: Admn 11 Apr 2008
EAT Race discriminationThe burden of proof in section 54A of the Race Relations Act 1976 does not apply to cases of direct discrimination on the grounds of nationality or colour. In such cases the less stringent burden of proof set out in King v Great Britain – China Centre [1992] ICR 516 and Anya v … Continue reading Okonu v G4S Security Services (UK) Ltd: EAT 11 Feb 2007
Citations: [2007] EWHC 601 (QB) Links: Bailii Statutes: Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1976 Jurisdiction: England and Wales Personal Injury Updated: 14 July 2022; Ref: scu.251480
The court considered the essential philosophy underwriting the 1976 Act. Smith LJ said: ‘nothing that a dependant (or for that matter anyone else) could do after death could either increase or decrease the dependency. The dependency is fixed at the moment of death; it is what the dependants would probably have received as benefit from … Continue reading Welsh Ambulance Services NHS Trust and Another v Williams: CA 15 Feb 2008
The claimants appealed an order finding that the defendant had acquired their land by adverse possession. They said that the defendant had asserted in defence to possession proceedings that they were tenants, and that this contradicted an intent to deny the claimants’ title. Held: The appeal failed. A finding by the ECHR that a particular … Continue reading Ofulue and Another v Bossert: CA 29 Jan 2008
The professor had sought time off to represent another lecturer claiming race discrimination against the University. The University said that her behaviour created a conflict of interest with the University. She continued and herself claimed victimisation. After the case failed, she was herself suspended, and her email account searched from which further disciplinary charges were … Continue reading Fosh v Cardiff University: EAT 23 Jan 2008
The court considered the interaction of the 1934 and 1976 Acts. Citations: [2007] EWHC 1875 (QB) Links: Bailii Statutes: Fatal Accidents Acts 1976, Law Reform (Miscellaneous Provisions) Act 1934 Jurisdiction: England and Wales Personal Injury, Damages Updated: 13 July 2022; Ref: scu.261911
The parties had agreed a compromise on the leaving of the defendant as manager. The club now said that the agreement had been obtained by fraudulent misrepresentation. He had been released but had said he had not had contact with another London club when this was not true. Held: The tort of deceit is committed … Continue reading Crystal Palace FC (2000) Ltd v Dowie: QBD 14 Jun 2007
The threshold requirement referable to the nature of the consequences was ‘not a specially high one’ Sedley LJ discussed the Huang case: ‘The effect of their Lordships’ decision (and, if we may say so, the intended effect of this court’s decision) in Huang has thus not been to introduce a new interpretation of article 8 … Continue reading AG (Eritrea) v Secretary of State for the Home Department: CA 20 Nov 2007
On the divorce, the husband was ordered to transfer his share in the house to the wife. On his bankruptcy shortly after, the order was confirmed. After the wife sold the property at a profit, the trustee in bankruptcy applied to set the transfer aside as a transaction at an undervalue. Held: The starting point … Continue reading Haines v Hill and Another: CA 5 Dec 2007
EAT Unfair dismissal – Procedural fairness/automatically unfair dismissalPractice and Procedure – Appellate jurisdiction/Reasons/Burns-BarkeRace discrimination – Direct / Burden of proof / VictimisationIt being common ground that the Employment Tribunal directed itself correctly on the law, its application to the facts was not perverse. The Employment Tribunal approached the burden of proof correctly, except for holding … Continue reading Birmingham City Council and Another v Samuels: EAT 24 Oct 2007
The parties disputed on preliminary issues the ownership of the rights in the trade mark ‘World Cup Willie’. The claimant had set out to register the mark, and the defendant gave notice of its intention to oppose. The claimant now alleged threat and unlawful interference in contractual relations. The defendant alleged copyright infringement in the … Continue reading Jules Rimet Cup Ltd v The Football Association Ltd.: ChD 18 Oct 2007
The claimant was a Pakistani member of the Labour Party. He had sought selection as parliamentary candidate, but allegations had been made about behaviour of members in the Pakistani community in his ward and the local party had been suspended. A candidate was deliberately chosen who was not a member of that community. The claimant … Continue reading Watt (Formerly Carter) v Ahsan: HL 21 Nov 2007
EAT Victimisation Burden of proof Appeal – Perversity challenge on finding important for remedy. Cross-Appeal – Did ET misdirect itself on burden of proof on victimisation claim.As a matter of construction, the provisions of section 54A RRA did not apply to a claim of victimisation under section 2. Judges: The Honourable Mr Justice Wilkie Citations: … Continue reading Oyarce v Cheshire County Council: EAT 13 Jun 2007
EAT The appellant lodged claims under the Race Relations Act 1976 against the First Respondent. He contended they were in time. The ET held that they had been lodged a day out of time and refused to extend time on the just and equitable ground. The EAT held that the chairman was right to find … Continue reading Virdi v Commisioner of Police of the Metropolis, Central Police Training and Development Authority (Centrex): EAT 6 Oct 2006
Allegations were made of different varieties of fraud. Applications were made for freezing orders. Judges: David Steel J Citations: [2007] EWHC 1217 (Comm) Links: Bailii Jurisdiction: England and Wales Citing: Cited – American Cyanamid Co v Ethicon Ltd HL 5-Feb-1975 Interim Injunctions in Patents CasesThe plaintiffs brought proceedings for infringement of their patent. The proceedings … Continue reading Fiona Trust Holding Corp and others v Privalov and others: ComC 21 May 2007
EAT Practice and Procedure – 2002 Act and Pre-action Requirements Has the Claimant complied with Step 1 of the statutory grievance procedure where he presents his complaint at a meeting with his line manager who notes it down, it is accepted, accurately and contemporaneously? Employment Tribunal decided that he had. Appeal, given the particular facts … Continue reading Kennedy Scott Ltd v Francis: EAT 3 May 2007
Challenge to decision not to prosecute senior Intelligence Service officials for alleged offences in connection with his unlawful rendition and mistreatment in Libya. The issue here was whether on the hearing of the application for judicial review, it would be open to the Court to receive closed material disclosed only to the court and a … Continue reading Belhaj and Another v Director of Public Prosecutions and Another: SC 4 Jul 2018
Judges: Swift J DBE Citations: [2008] EWHC 1708 (QB) Links: Bailii Statutes: Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1976 Jurisdiction: England and Wales Personal Injury Updated: 10 July 2022; Ref: scu.272260
The defendant appealed his conviction for rape, saying that other acquittals were inconsistent. Held: They were not. Leave refused. Judges: QBD P, Hallett LJ, Gloster J Citations: [2007] EWCA Crim 256 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Regina v Sheehan and Moore CACD 1975 The court approved a direction of law to … Continue reading Gallagher, Regina v: CACD 26 Mar 2007
The appellants had bought a seed drill from the respondents. It had been repossessed but sold as near new. A fault was noticed after two days use, and it was returned. The defendants repaired it without agreeing this with the appellant, and then refused to say what the repair had been. The claimant now appealed … Continue reading J and H Ritchie Ltd v Lloyd Ltd: HL 7 Mar 2007
SCIT INCOME TAX – preliminary issues – domicile, residence and ordinary residence in tax years 1992/93 to 2003/2004 – Appellant purchased house in the Seychelles in 1975 and obtained a residency permit in 1976 – Appellant indirectly retained house and assets in England – latterly the Appellant’s wife and son resided in England – whether … Continue reading Gaines-Cooper v Revenue and Customs: SCIT 31 Oct 2006
The claimant solicitors sought transfer to them of a domain name registered by the defendant using their name and criticising them. Citations: [2007] DRS 4198 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Handyside v The United Kingdom ECHR 7-Dec-1976 Freedom of Expression is Fundamental to SocietyThe appellant had published a ‘Little Red Schoolbook’. … Continue reading Moss and Coleman Solicitors v Kordowski: Nom 1 Feb 2007
The defendant appealed against his conviction for speeding. The speed camera was placed just after the 30mph limit was imposed, and the signs were obscured by foliage. Held: There was no case law direct on the point. The appeal was allowed. It was unnecessary to determine whether it would be sufficient for a defendant to … Continue reading Coombes v Director of Public Prosecutions: Admn 20 Dec 2006
The management introduced a new machine. The appellants left the premises and did not return. They were dismissed. They now appealed a finding that they had not been unfairly dismissed. Held: The appeal failed. Whether the employer had through his behaviour contributed to the industrial action was not relevant. Judges: Phillips J P Citations: [1976] … Continue reading Thompson and others v Eaton Ltd: EAT 14 Apr 1976
The defendant appealed against her conviction under the Act for having sent indecent or grossly offensive material through the post in the form of pictures of an aborted foetus sent to pharmacists. She denied that they were offensive, or that she wished to cause distress, and said she wished to educate the pharmacists as to … Continue reading Connolly v Director of Public Prosecutions: Admn 15 Feb 2007
The defendants were campaigning against the National Front in an election. They were separately said to have distributed leaflets infringing the 1949 Act, in that the expenses were not authorised, and the leaflets did not have the name of the printer. One magistrate held that the offence was committed only if there was an intention … Continue reading Director of Public Prosecutions v Luft: HL 26 May 1976
The defendants appealed against their convictions for conspiracy to counterfeit gold coins. They said no evidence had been brought to suggest their intention to commit any dishonest act. The House was asked whether the offence was one of specific or basic intent. Held: The appeal was dismissed. The offence was one of basic intent.A provision … Continue reading Regina v Heron; Regina v Storey; Regina v Thomas: HL 25 Mar 1982
A private school had refused to admit the claimant, a sikh, because he would be unable to wear the school uniform. He claimed racial discrimination. The school denied that being a Sikh was a membership of a racial or ethnic group. Held: Sikhs were a racial group defined by ethnic origins for the purpose of … Continue reading Mandla (Sewa Singh) v Dowell Lee: HL 24 Mar 1982
The defendants suspected a carousel VAT fraud. The defendants appealed a finding that there was a viable cause of action alleging a ‘conspiracy where the unlawful means alleged is a common law offence of cheating the public revenue’. The defendants argued (inter alia) that the attempted recovery was void under the Billl of Rights. Held: … Continue reading Total Network Sl v Customs and Excise Commissioners: CA 31 Jan 2007
The claimant appealed dismissals of his claim for race discrimination, harassment and victimisation. In a new job, other team members said they were uncomfortable alone with him, and his probationary period was extended because of his failure to fit in. He said the tribunal had erred in failing to apply the two stage test set … Continue reading Brown v London Borough of Croydon and Another: CA 26 Jan 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
EAT Practice and Procedure – Compromise1. On the true construction of a compromise agreement in respect of claims arising on the termination of the contract of employment, claims arising during the relationship and arising otherwise than on termination were not compromised. The agreement did not meet the industry standard for such model agreements.2. Further the … Continue reading Palihakkara v British Telecommunications Plc: EAT 9 Oct 2006
EAT Practice and Procedure – Application/Claim The Claimant, a doctor, put forward a complaint to the Tribunal that the MDU, his professional body, had been guilty of race discrimination in the manner in which they had provided or failed to provide services to him in connection with disciplinary proceedings against him. The Tribunal rejected his … Continue reading Wagunyanya v Medical Defence Union Services Ltd: EAT 6 Jul 2006
The testatrix left a will anticipating making another. The court was asked whether a clause leaving her estate to ‘be taken over by the Diocese of Westminster to hold in trust for the Black community of Hackney’ was valid. Held: The gift was capable of being charitable, subject to the application of the 1976 Act. … Continue reading Gibbs v Harding and others: ChD 12 Jan 2007
The claimant had been employed by the defendants as a nanny. She threatened to leave, but then was injured in a car acident and given a sick note. The employer immediately engaged someone else. She was found to have been unfairly dismissed. The employer complained that she should only have been awarded SSP. The EAT … Continue reading Burlo v Langley and Carter: CA 21 Dec 2006
The defendants requested the claim to be struck out as disclosing no proper case, and further for a civil restraint order. Judges: Cox J Citations: [2006] EWHC 1976 (QB) Links: Bailii Jurisdiction: England and Wales Litigation Practice Updated: 08 July 2022; Ref: scu.347106
The employee was an engineer. She worked on field assessments and in the manufacture and adaptation of equipment. She was suspended for alleged bullying and harassment and given a final written warning. It was proposed that she should be relocated to another office, but she refused. She was told that she had resigned. The Tribunal … Continue reading Scope v Thornett: CA 27 Nov 2006
The father appealed an award of periodical payments to a former partner. She had a child by an earlier relationship. The father was immensely rich and during the relationship made financial provision for the child by the earlier relationship also. The order now appealed continued that. The father said that the court had wrongly interfered … Continue reading Morgan v Hill: CA 28 Nov 2006
The sub-contractor’s workman fell through a skylight and died. His employers having settled, obtained contribution orders from the main contractors and building owners who each now appealed. Held: Whether main contractors were also liable to an injured workman was a mixed question of fact and law. The main contractors were in this case not liable. … Continue reading EH Humphries (Norton) Ltd. Thistle Hotels Plc v Fire Alarm Fabrication Services Ltd: CA 10 Nov 2006
The claimant appealed against rejection of her claim for race discrimination as having been made out of time. Judges: Thorpe, Hooper, Hughes LJJ Citations: [2006] EWCA Civ 1548 Links: Bailii Statutes: Race Relations Act 1976 Jurisdiction: England and Wales Citing: Cited – Dr Anya v University of Oxford and Another CA 22-Mar-2001 Discrimination – History … Continue reading Lyfar v Brighton and Sussex University Hospitals Trust: CA 14 Nov 2006
Judges: Otton, Keene, LJJ, Maurice Kay J Citations: [2000] EWCA Civ 360, [2001] PIQR P22, [2001] 2 WLR 982, [2001] QB 698 Links: Bailii Statutes: Fatal Accidents Act 1976 Jurisdiction: England and Wales Personal Injury Updated: 08 July 2022; Ref: scu.245797
The claimant alleged that the defendants had funded the purchase of various properties by secret and unlawful commissions taken by them whilst in power in Pakistan. They sought to recover the proceeds. They now sought permission to serve proceedings on the defendant companies abroad, outside a Lugano Convention country. Held: The claim should proced. ‘There … Continue reading Islamic Republic of Pakistan v Zardari and others: ComC 6 Oct 2006
EAT The claimant alleged that she had been victimised contrary to the provisions of s.2(1) of the Race Relations Act 1976. The tribunal were satisfied that the claimant had carried out a protected act and that she had been treated less favourably than an appropriate comparator. The tribunal were of the view that the respondents … Continue reading Palmer v Dunedin Canmore Housing Association Ltd: EAT 6 Jul 2006
The Revenue sought to disallow for industrial buildings allowance sums expended on warehouse premises which were to be used to store window products imported for use in other manufacturing processes. Held: The Revenue’s appeal succeeded. ‘The question under s.18(1) is whether the warehouse is in use for the purposes of a trade which consists in … Continue reading Revenue and Customs v Maco Door and Window Hardware (Uk) Ltd: ChD 19 Jul 2006
The defendant said that the judge in setting his sentence had failed correctly to identify the time he had spent in custody awaiting trial, and which would act as time served. Held: The defendants were entitled to a direction. If the time for varying the order under s155 of the 2000 Act had passed, an … Continue reading Norman and Others, Regina v: CACD 20 Jul 2006