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Strathclyde Regional Council and others v Wallace and others (Scotland): HL 22 Jan 1998

80% of the men who had been employed since 1 April 1997 had got protection under TUPE whereas only 66.66% of the women had. It was argued that this difference in percentages was sufficient to justify a claim of indirect discrimination. Held: There was no sex discrimination where there were genuine reasons for a pay … Continue reading Strathclyde Regional Council and others v Wallace and others (Scotland): HL 22 Jan 1998

Majrowski v Guy’s and St Thomas’ NHS Trust: CA 16 Mar 2005

The claimant had sought damages against his employer, saying that they had failed in their duty to him under the 1997 Act in failing to prevent harassment by a manager. He appealed a strike out of his claim. Held: The appeal succeeded. The issue is whether an employer may be vicariously liable under section 3 … Continue reading Majrowski v Guy’s and St Thomas’ NHS Trust: CA 16 Mar 2005

X, Regina (on the Application of) v Y School: Admn 21 Feb 2007

The court was asked whether a school was entitled to refuse to allow a Muslim girl to wear the niqab full face veil at school. The reasons were ‘first educational factors resulting from a teacher being unable to see the face of the girl with a niqab; second the importance of a uniform policy as … Continue reading X, Regina (on the Application of) v Y School: Admn 21 Feb 2007

Post Office v Union of Communication Workers: CA 1990

De minimis principle inindustrial relations ballots. Judges: Lord Donaldson of Lymington MR Citations: [1990] ICR 258 Jurisdiction: England and Wales Cited by: Dictum disapproved – London Underground Ltd and Others v National Union of Rail, Maritime and Transport Worker CA 16-Feb-2001 When a union gave notice to the employer that it intended to hold a … Continue reading Post Office v Union of Communication Workers: CA 1990

Boughton, Regina (on the Application Of) v Her Majesty’s Treasury: Admn 25 Jul 2005

The applicants sought to control the sums they paid by way of taxation so as not to contribute to non peaceful objects. Held: Both English law and human rights jurisprudence would prevent the claim, and the application for a review failed. Judges: Collins J Citations: [2005] EWHC 1914 (Admin) Links: Bailii Statutes: European Convention on … Continue reading Boughton, Regina (on the Application Of) v Her Majesty’s Treasury: Admn 25 Jul 2005

Regina v Lord Chancellor ex parte John Witham: Admn 7 Mar 1997

If subordinate legislation cannot be construed in a way that makes it compatible with fundamental rights, it will be declared ultra vires. Rules which disallowed exemptions from court fees to a litigant in person on income support were invalid. They infringed the rule allowing access to justice. The common law had given special weight to … Continue reading Regina v Lord Chancellor ex parte John Witham: Admn 7 Mar 1997

Knight v Dorset County Council: Admn 20 Dec 1996

Citations: [1996] EWHC Admin 392, Trans. Ref: CO 1110-96 Links: Bailii Cited by: Cited – David Lannigan v Glasgow City Council OHCS 12-Aug-2004 The pursuer said the teachers employed by the defendant had failed to identify that was dyslexic, leading him to suffer damage. The defenders said the claim was time barred, which the pursuer … Continue reading Knight v Dorset County Council: Admn 20 Dec 1996

Johnston v Chief Constable of the Royal Ulster Constabulary: ECJ 15 May 1986

The principles of the European Convention for the Protection of Human Rights must be taken into consideration in community law. The principle of effective judicial control laid down in article 6 of Council Directive 76/207, a principle which underlies the constitutional traditions common to the member states and which is laid down in articles 6 … Continue reading Johnston v Chief Constable of the Royal Ulster Constabulary: ECJ 15 May 1986

Commission v Denmark (Rec 1985,P 427) (Sv85-31 Fi85-31) (Judgment): ECJ 30 Jan 1985

Citations: C-143/83, [1985] EUECJ C-143/83 Links: Bailii Cited by: Cited – Morton v South Ayrshire Council IHCS 14-Feb-2002 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 … Continue reading Commission v Denmark (Rec 1985,P 427) (Sv85-31 Fi85-31) (Judgment): ECJ 30 Jan 1985

Westminster City Council v Clarke: HL 29 Apr 1992

An occupant of a hostel for homeless and vulnerable single men had only a licence to occupy the room, and was not a tenant. There was a resident warden and a team of support workers. The intention was that residents should use the hostel as a temporary base as part of their rehabilitation. Held: An … Continue reading Westminster City Council v Clarke: HL 29 Apr 1992

Regina v Warwickshire County Council, ex parte Johnson: HL 10 Feb 1993

The manager of a shop was not necessarily liable for a misleading price indication in the shop. There had been a national price reduction advertisement. A customer came into the shop to try to buy a television under the scheme. The store manager refused. The manager was charged with and convicted of giving misleading information … Continue reading Regina v Warwickshire County Council, ex parte Johnson: HL 10 Feb 1993

London Underground Ltd and Others v National Union of Rail, Maritime and Transport Worker: CA 16 Feb 2001

When a union gave notice to the employer that it intended to hold a ballot as to industrial action, the union was obliged to give details of the members to be balloted, so as to permit the employer to exercise its own rights. ‘Information as to the number, category or workplace of the employees’ concerned … Continue reading London Underground Ltd and Others v National Union of Rail, Maritime and Transport Worker: CA 16 Feb 2001

In Re Estlin: 1903

A home of rest was to be provided for lady teachers. Held: This was a valid charitable bequest. Judges: Kekewich J Citations: (1903) 72 LJ Ch 687 Jurisdiction: England and Wales Cited by: Cited – Helena Partnerships Ltd v HM Revenue and Customs CA 9-May-2012 The company had undertaken substantial building works and sought associated … Continue reading In Re Estlin: 1903

Lee and others v GEC Plessey Telecommunications: 1993

The court was asked whether consideration had been given for a change in the employees’ terms and conditions. Held: Where improvements in employee contracts are announced by an employer in the context of pay negotiations, the employees’ continuing to work was consideration for the change. Connell J said: ‘the plaintiffs assert that where an improvement … Continue reading Lee and others v GEC Plessey Telecommunications: 1993

Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure): FD 19 Mar 2004

The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings be in public. Held: The applicant and her solicitors had already made significant … Continue reading Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure): FD 19 Mar 2004

Pepper (Inspector of Taxes) v Hart: CA 1991

Citations: [1991] 2 All ER 824 Jurisdiction: England and Wales Cited by: Appeal from – Pepper (Inspector of Taxes) v Hart HL 26-Nov-1992 Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. … Continue reading Pepper (Inspector of Taxes) v Hart: CA 1991

Re X (Disclosure of Information): FD 2001

There cannot be an expectation that expert evidence given in a children’s court will always stay confidential. The various aspects of confidentiality will have greater or lesser weight on the facts of each case. Munby J: ‘Wrapped up in this concept of confidentiality there are, as it seems to me, a number of different factors … Continue reading Re X (Disclosure of Information): FD 2001

El Al Israeli Airlines Ltd v Danielowitz: 1994

(Israel) A free society respects individual differences, and ‘Only the worst dictatorships try to eradicate those differences.’ Judges: Justice Barak Citations: [1994] Isrl LR 478 Cited by: Cited – Regina v Secretary of State for Education and Employment and others ex parte Williamson and others HL 24-Feb-2005 The appellants were teachers in Christian schools who … Continue reading El Al Israeli Airlines Ltd v Danielowitz: 1994

Balfron Trustees Ltd v Peterson: CA 2001

The court analysed in detail the decision in Lister v Hesley Hall and continued: ‘All of these passages emphasise the necessity of identifying the duty or responsibility of the employer to the victim. If such a duty or responsibility exists, the employer cannot avoid liability because it was delegated to an employee who failed to … Continue reading Balfron Trustees Ltd v Peterson: CA 2001

Meux v Great Eastern Railway Co: 1895

The plaintiff sought damages from the railway company for carelessly damaging his goods even though he did not himself have a contract with the company. Held: A duty was owed by the railway company towards the goods owner, applying cases which had held that a railway company owed a duty of care towards passengers injured … Continue reading Meux v Great Eastern Railway Co: 1895

Deatons Pty Ltd v Flew: 12 Dec 1949

(High Court of Australia). A barmaid employed by the appellant threw first the beer from a glass, and then the glass in a customer’s face causing injury. The company appealed a find of vicarious liability. Held: The act of the barmaid was not expressly authorized, it was not so connected with any authorized act as … Continue reading Deatons Pty Ltd v Flew: 12 Dec 1949

Central Motors (Glasgow) Ltd v Cessnock Garage and Motor Co: 1925

A night watchman at a garage drove off in a car left there for his own purposes and damaged it. Held: The garage had delegated to their employee the duty of keeping the car safely secured in the garage and they were liable to the owners of the car for his failure in performance. The … Continue reading Central Motors (Glasgow) Ltd v Cessnock Garage and Motor Co: 1925

Kirby v National Coal Board: OHCS 1958

The court considered the degree of connection necessary between the act of an employee and his employer’s business to establish liability under the rule respondeat superior: ‘four different types of situation have been envisaged as guides to the solution of this problem. In the first place, if the master actually authorised the particular act, he … Continue reading Kirby v National Coal Board: OHCS 1958

Thompson v Brown Construction (Ebbw Vale) Ltd: HL 1981

The plaintiff’s solicitors, out of negligence, failed to issue a writ until one month after the limitation period had expired. The application to extend the period was rejected at first instance since he had an unanswerable claim against his solicitors. Held: The discretion under the section arises notwithstanding a plaintiff’s solicitors’ perhaps far greater negligence … Continue reading Thompson v Brown Construction (Ebbw Vale) Ltd: HL 1981

Wandsworth London Borough Council v A: CA 20 Jan 2000

A was a parent of a child. The school complained of A’s behaviour when visiting the school, and was refused a licence to enter the premises without being accompanied. The behaviour continued, and an injunction was obtained. Held: The order was discharged on appeal because it could not be shown that the headmaster had taken … Continue reading Wandsworth London Borough Council v A: CA 20 Jan 2000

Lister and others v Hesley Hall Ltd: CA 7 Oct 1999

Where a residential worker at a children’s home committed sexual abuse on children within his care, the company running the home were not vicariously liable for the acts themselves, but also were not responsible where the worker did not report his own activities but kept them secret. It was unrealistic to try to separate the … Continue reading Lister and others v Hesley Hall Ltd: CA 7 Oct 1999

In re South Place Ethical Society: 1980

The court considered the meaning and nature of religious belief, and whether a trust for this purpose could be charitable. Held: Dillon J referred to Russell LJ as having taken the view that the court could hold that there are purposes ‘so beneficial or of such utility’ to the community that they ought prima facie … Continue reading In re South Place Ethical Society: 1980

BG and Others v HMTQ in Right of BC: 22 Jun 2004

Court of Appeal fro British Columbia – Teachers had been accused of historical sexual abuse. An order was made for their anonymisation pending conclusion of those civil proceedings. The proceedings had now been dismissed. The Court now considered whether the anonymisation of the complainants had been correctly dischatrged. Held: Finch CJ cited substantial authority in … Continue reading BG and Others v HMTQ in Right of BC: 22 Jun 2004

Healey v Bridgend County Borough Council: CA 14 Nov 2002

The teacher was ill and was not to return to work. She expressed her willingness to take early retirement, but then claimed her full entitlement to four months’ notice of her dismissal. Held: The expression of willingness was to be taken as her notice to leave the job if the condition was fulfilled. She had … Continue reading Healey v Bridgend County Borough Council: CA 14 Nov 2002

Strathclyde Regional Council v Wallace: HL 1988

Female teachers carried out the work of principal teachers but had not been appointed to the promoted post and were paid less than they would have received had they been so appointed. They claimed equal pay with male comparators who were appointed principal teachers. Like work was established and it was agreed that disparity in … Continue reading Strathclyde Regional Council v Wallace: HL 1988

General Teaching Council for Wales (Decision Notice): ICO 15 Oct 2013

The complainant has requested the specific page from the statutory legislation governing the induction of secondary level teachers where it is stated that induction forms part of the professional qualification to teach. The General Teaching Council for Wales (GTCW), informed the complainant that it does not hold the information. The Commissioner’s decision is that the … Continue reading General Teaching Council for Wales (Decision Notice): ICO 15 Oct 2013

British Railways Board v National Union of Railwaymen: CA 1989

The court discussed section 11(2) of the 1984 Act: ‘Simplifying that a little bit and reading it with section 11(1), which defines who is qualified and entitled to vote, section 11(2) is saying ‘If you do not allow somebody to vote, if you say ‘You are not entitled to vote,’ then you cannot call him … Continue reading British Railways Board v National Union of Railwaymen: CA 1989

Plumb v Cobden Flour Mills Co Ltd: HL 1914

In looking at restrictions by an employer to limit his vicarious liability, the court must distinguish between prohibitions which limit the sphere of employment and those which only deal with conduct within the sphere of employment:’ ‘there are prohibitions which limit the sphere of employment, and prohibitions which only deal with conduct within the sphere … Continue reading Plumb v Cobden Flour Mills Co Ltd: HL 1914

Ellis v Wallsend District Hospital: 1989

(Court of Appeal of New South Wales) Samuels JA discussed the circumstances in which a non-delegable duty of care arises: ‘It arises from a relationship which combines the dependence of A upon the reasonable care, skill and judgment of B with the legitimate expectation that B will ensure that those qualities will be exercised in … Continue reading Ellis v Wallsend District Hospital: 1989

Jetivia Sa and Another v Bilta (UK) Ltd and Others: SC 22 Apr 2015

The liquidators of Bilta had brought proceedings against former directors and the appellant alleging that they were party to an unlawful means conspiracy which had damaged the company by engaging in a carousel fraud with carbon credits. On the pleaded facts, Mr Chopra and Mr Nazir were the directing organ of Bilta under its constitution. … Continue reading Jetivia Sa and Another v Bilta (UK) Ltd and Others: SC 22 Apr 2015

Syndicat Northcrest v Amselem: 30 Jun 2004

Canlii (Supreme Court of Canada) Civil rights – Freedom of religion — Definition of freedom of religion — Exercise of religious freedoms — Orthodox Jews setting up succahs in pursuit of their religious beliefs on balconies of their co-owned property — Syndicate of co-owners requesting removal of succahs because declaration of co-ownership prohibits decorations, alterations … Continue reading Syndicat Northcrest v Amselem: 30 Jun 2004

X and Church of Scientology v Sweden: ECHR 1979

The church of scientology was a commercial organisation, and a restriction on it advertising was a restriction on its commercial freedom, not on the freedom of religion. Citations: (1979) 16 DR 68 Cited by: Cited – Regina v Secretary of State for Education and Employment and others ex parte Williamson and others HL 24-Feb-2005 The … Continue reading X and Church of Scientology v Sweden: ECHR 1979

Gilchrist Watt and Sanderson Pty Ltd v York Products Pty Ltd: PC 1970

(New South Wales – Australia) The defendants were stevedores who had lost two cases of clocks that they had received as sub-bailees of the shipowners, who in turn owed a duty to deliver them to the plaintiffs under the bills of lading. Held: The defendants were liable. They: ‘took upon themselves an obligation to the … Continue reading Gilchrist Watt and Sanderson Pty Ltd v York Products Pty Ltd: PC 1970

Munro v Anderson-Grice Engineering Co Ltd: 1983

An action was raised in 1980 for damages for vibration white finger in which exposure had ceased in 1973. In early 1974 the pursuer had been advised by his solicitors that a claim against the defenders was unlikely to succeed. The pursuer argued that he had acted reasonably by accepting the advice of his solicitor … Continue reading Munro v Anderson-Grice Engineering Co Ltd: 1983

Hibbs and Birmingham v United Kingdom: ECHR 18 Jul 1996

Quakers objected to the obligation to contribute through general taxation to funds which may then be used by the State for arms procurement. Held: The Convention is directed primarily to the personal sphere of personal belief and worship and does not guarantee the right to behave in the public sphere of society as a whole … Continue reading Hibbs and Birmingham v United Kingdom: ECHR 18 Jul 1996

Regina (on the application of Dorling) v Sheffield City Council and the Governing Body of Woodthorpe Primary School (1): 2002

Teachers otherwise falling within the description in Clause 6.1 of the Burgundy Book, but who have not been given the notice of termination there referred to have no contractual right to insist upon service of such a notice upon them. Citations: [2002] ELR 367 Cited by: Cited – Verner, Sheppard, Ridley v Derby City Council, … Continue reading Regina (on the application of Dorling) v Sheffield City Council and the Governing Body of Woodthorpe Primary School (1): 2002

Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

Parkins v City of Westminster: CA 20 Nov 1997

The council granted what it called a licence to the applicant. He was one of their employee teachers, and they wanted to supply accomodation. They appealed refusal of possession on the basis that he had become a secure tenant under the Act. It had been intended that the accomodation should be shared. Held: It was … Continue reading Parkins v City of Westminster: CA 20 Nov 1997

Board of Education v Rice: HL 6 Apr 1911

A local education authority refused to pay salaries to teachers in a non-provided school at the same rate as it paid the teachers in provided schools. The managers of the non-provided school complained, and the Board of Education directed an inquiry, the result of which was a report that the local education authority had failed … Continue reading Board of Education v Rice: HL 6 Apr 1911

Bowman v Secular Society Limited: HL 1917

The plaintiff argued that the objects of the Secular Society Ltd, which had been registered under the Companies Acts, were unlawful. Held: The House referred to ‘the last persons to go to the stake in this country pro salute animae’ in 1612 or thereabouts. A certificate of incorporation given by the Registrar in respect of … Continue reading Bowman v Secular Society Limited: HL 1917

Staveley Iron and Chemical Co Ltd v Jones: HL 1956

The court must avoid treating every risky act by an employee due to familiarity with the work or some inattention resulting from noise or strain as contributory negligence: ‘ . . in Factory Act cases the purpose of imposing the absolute obligation is to protect the workmen against those very acts of inattention which are … Continue reading Staveley Iron and Chemical Co Ltd v Jones: HL 1956

Caparo Industries Plc v Dickman and others: HL 8 Feb 1990

Limitation of Loss from Negligent Mis-statement The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares. Held: The duties of an auditor are founded in contract and the extent of the duties … Continue reading Caparo Industries Plc v Dickman and others: HL 8 Feb 1990

Imperial Chemical Industries Ltd v Shatwell: HL 6 Jul 1964

The respondent was employed as a shot firer in a quarry, and was to test the electric wiring connecting explosive charges. Contrary to instructions that testing must be done from a shelter, the respondent and another shot firer carried out a test in the open and they were both injured. Held: The employer’s appeal succeeded. … Continue reading Imperial Chemical Industries Ltd v Shatwell: HL 6 Jul 1964

Commission for Racial Equality (Decision Notice): ICO 25 Sep 2007

The complainant, representing the London Metropolitan University (LMU), sought access to communications between the Commission for Racial Equality (CRE) and the National Association of Teachers in Further and Higher Education during the period when the LMU had been under investigation for possible breaches of the race relations legislation. CRE initially said that it did not … Continue reading Commission for Racial Equality (Decision Notice): ICO 25 Sep 2007

Viejobueno Ibanez and De La Vara Gonzalez v Consejeria de Educacion de Castilla La Mancha: ECJ 31 May 2018

Fixed-Term Employment – Opinion – Request for a preliminary ruling – Social policy – Fixed-term employment – ETUC-UNICE-CEEP – Framework agreement on fixed-term work – Principle of non-discrimination – Interim civil servants and established civil servants within the meaning of Spanish law – Teachers employed as interim civil servants – Early dismissal at the end … Continue reading Viejobueno Ibanez and De La Vara Gonzalez v Consejeria de Educacion de Castilla La Mancha: ECJ 31 May 2018

Swansea City Council v Rees and Others: EAT 2 May 2018

Breach of Contract 1. This appeal concerns claims by former teachers in Wales for SEN allowance payable under their contracts. The Employment Tribunal held that the conditions for entitlement were satisfied in each case, and accordingly, that the failure to pay SEN allowance was a breach of contract. 2. The Employment Tribunal erred in so … Continue reading Swansea City Council v Rees and Others: EAT 2 May 2018

Chartbrook Ltd v Persimmon Homes Ltd and Others: HL 1 Jul 2009

Mutual Knowledge admissible to construe contract The parties had entered into a development contract in respect of a site in Wandsworth, under which balancing compensation was to be paid. They disagreed as to its calculation. Persimmon sought rectification to reflect the negotiations. Held: The appeal succeeded. There were difficulties in construing the contract. The contract … Continue reading Chartbrook Ltd v Persimmon Homes Ltd and Others: HL 1 Jul 2009

Department for Education (Central Government): ICO 7 Sep 2015

The complainant has requested information relating to the referrals of specific teachers to the National College for Teaching and Leadership (NCTL). Initially, the DfE refused the requests under section 40(2) and 40(5) of the FOIA. The Commissioner decided to consider the application of section 40(5)(b)(i) of the FOIA to both requests, as he considered this … Continue reading Department for Education (Central Government): ICO 7 Sep 2015

Aldred v Nacanco: CA 1987

The claimant sought damages. At the end of the day, a co-employee tried to startle her by pushing an insecure washbasin against her, but caused her actual injury. Held: The plaintiff’s appeal was dismissed. It was an independent act not sufficiently connected with the employment. An employer would be liable for acts actually authorised and … Continue reading Aldred v Nacanco: CA 1987

Tillman v Egon Zehnder Ltd: SC 3 Jul 2019

The company appealed from rejection of its contention that its former employee should be restrained from employment by a competitor under a clause in her former employment contract. The court particularly considered the severability of a section requiring the former employee to take no interest in a competing company. Held: The court should set aside … Continue reading Tillman v Egon Zehnder Ltd: SC 3 Jul 2019

East England Schools CIC (T/A 4Myschools) v Palmer and Another: QBD 20 Dec 2013

The claimant company sought to enforce post employment restrictive covenants against the defendants, its former employees. The defendant argued that the increasing use by teachers and schools of social media and the internet means that the employer no longer has any protectable connection with its customers. The claimant’s business was that of an agency which … Continue reading East England Schools CIC (T/A 4Myschools) v Palmer and Another: QBD 20 Dec 2013

Kimathi and Others v Foreign and Commonwealth Office: QBD 20 Dec 2017

Parliamentary privilege The claimants sought to have admitted as evidence extracts from Hansard in support of their claim for damages arising from historic claims. Held: The court set out the authorities and made orders as to each element. Judges: Stewart J Citations: [2017] EWHC 3379 (QB), [2018] 4 WLR 48 Links: Bailii Statutes: Bill of … Continue reading Kimathi and Others v Foreign and Commonwealth Office: QBD 20 Dec 2017

Chell v Tarmac Cement and Lime Ltd: CA 12 Jan 2022

Explosive Pellet Use Not Within Employee’s Role. The claimant worked on a site operated by the respondent. One of the respondent’s employees exploded two pellet targets injuring the claimant’s hearing. He asserted vicarious liability in the respondent. There had been tensions between the claimant and the respondent’s own staff. The judge found that the use … Continue reading Chell v Tarmac Cement and Lime Ltd: CA 12 Jan 2022

Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992

Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992

Hutchings, Re Application for Judicial Review: SC 6 Jun 2019

The appellant, a former army officer challenged proceedings against him as to the death of a civilian shot in Northern Ireland in 1974. His trial had been certified for trial by judge alone, and without a jury under section 1 of the 2007 Act. Held: The appeal was dismissed. ‘The fact that a majority verdict … Continue reading Hutchings, Re Application for Judicial Review: SC 6 Jun 2019

Westminster City Council v National Asylum Support Service: HL 17 Oct 2002

The applicant sought assistance from the local authority. He suffered from spinal myeloma, was destitute and an asylum seeker. Held: Although the Act had withdrawn the obligation to provide assistance for many asylum seekers, those who were infirm and whose infirmity was not a consequence of their destitution, had not been excluded. Only able bodied … Continue reading Westminster City Council v National Asylum Support Service: HL 17 Oct 2002

Phelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council: HL 28 Jul 2000

The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed. Held: The House unanimously dismissed the local authority’s appeal in that last case … Continue reading Phelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council: HL 28 Jul 2000

X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995

Liability in Damages on Statute Breach to be Clear Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise … Continue reading X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995

SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015

The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings of working households. The challenge was under the 1998 Act on the basis that … Continue reading SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015

South Tyneside Metropolitan Borough Council v Anderson and others: EAT 26 Mar 2007

The council appealed a finding that there was no genuine material factor justifying a difference in pay, and in particular the availability of bonus schemes. Judges: Wilkie J, Benyon, Smith Citations: [2007] UKEAT 0684 – 05 – 2603 Links: Bailii Statutes: Equal Pay Act 1970 1(2)(b), EU Treaty 141, Equal Pay Directive (75/117/EEC) 1 Jurisdiction: … Continue reading South Tyneside Metropolitan Borough Council v Anderson and others: EAT 26 Mar 2007

Wilsons and Clyde Coal Co Ltd v English: HL 19 Jul 1937

The employer had entrusted the task of organising a safe system of work to an employee as a result of whose negligence another employee was injured. The employer could not have been held liable for its own negligence, since it had taken all reasonable care in entrusting the job to a competent employee, nor could … Continue reading Wilsons and Clyde Coal Co Ltd v English: HL 19 Jul 1937

Re O (A minor) (Medical Treatment): FD 12 Apr 1993

The local authority applied for a care order in relation to the child, on the ground that there was an urgent and continuing need for medical treatment which included blood transfusions. The court considered the legal effect of a parent’s belief (as Jehovah’s Witesses) that medical treatment by blood transfusion is forbidden by the Bible … Continue reading Re O (A minor) (Medical Treatment): FD 12 Apr 1993

Anwar and Another v National College for Teaching and Leadership and Another: Admn 13 Oct 2016

The cliamant challenged a ruling that he was guilty of unprofessional conduct in having included in his lessons an undue amount of religious influence. The Panel further determined that the matters they found proved against Mr Anwar and Mr Ahmed amounted in each case to misconduct of a serious nature and recommended that each be … Continue reading Anwar and Another v National College for Teaching and Leadership and Another: Admn 13 Oct 2016

Graham v Commercial Bodyworks Ltd: CA 5 Feb 2015

The claimant had been very badly burned. He was covered in flammable liquid when a co-worker lit a cigarette. Held: The claimant’s appeal failed. ‘although the defendant employers did create a risk by requiring their employees to work with thinning agents, it is difficult to say that the creation of that risk was sufficiently closely … Continue reading Graham v Commercial Bodyworks Ltd: CA 5 Feb 2015

Rowe v Kingston-Upon-Hull City Council and Another: CA 24 Jul 2003

The claimant sought damages for a breach of duty by his teachers which had happened before 1991. He argued that 3(1) of the HRA should affect the construction of section 14(1) of the 1980 Act. [2003] EWCA Civ 1281, [2003] ELR 771 Bailii Limitation Act 1980 14 33, Human Rights Act 1980 14(1) England and … Continue reading Rowe v Kingston-Upon-Hull City Council and Another: CA 24 Jul 2003

Johns and Another, Regina (on The Application of) v Derby City Council and Another: Admn 28 Feb 2011

The claimants had acted as foster carers for several years, but challenged a potential decision to discontinue that when, as committed Christians, they refused to sign to agree to treat without differentiation any child brought to them who might be homosexual. A declaration was sought as to the legality of the proposed decision. Held: A … Continue reading Johns and Another, Regina (on The Application of) v Derby City Council and Another: Admn 28 Feb 2011

Verner, Sheppard, Ridley v Derby City Council, Norfolk County Council, St Thomas More Roman Catholic High School: QBD 14 Nov 2003

The question was whether, when a teacher has applied for and accepted ill-health retirement benefit, usually a lump sum and a pension, on the ground of permanent incapacity, there exists a public law duty on his employer to dismiss the employee. Held: The contract came to an end upon the grant of ill health retirement … Continue reading Verner, Sheppard, Ridley v Derby City Council, Norfolk County Council, St Thomas More Roman Catholic High School: QBD 14 Nov 2003

St Giles C of E Primary School (Education (School)): ICO 8 Oct 2015

ICO The complainant has requested the school to confirm whether any teachers or members of the senior leadership team were suspended, subject to disciplinary action or dismissed between September 2013 and the date of his request. The council responded to the request, advising the complainant that the answer to each question was less than five. … Continue reading St Giles C of E Primary School (Education (School)): ICO 8 Oct 2015

Durham County Council (Local Government (County Council)): ICO 23 Mar 2015

ICO The complainant has requested to know how many teachers were reported following and investigation by the council and the reasons why they were reported. The council initially responded by neither confirming nor denying holding the information. During the Commissioner’s investigation the council amended its response. It provided some information but refused the remaining under … Continue reading Durham County Council (Local Government (County Council)): ICO 23 Mar 2015