COMPENSATION – Costs – s.4(1) of Land Compensation Act 1961 – s.3(5) of Lands Tribunal Act 1949 – S. 11(1) of Compulsory Purchase Act 1965 – Interest payable on compensation agreed for injurious affection – Delay in accepting sealed offer – Reason for order for costs against claimant. Citations: [2006] EWLands ACQ – 45 – … Continue reading Tollgate Hotels Ltd v Secretary of State for Transport: LT 1 Jun 2006
COMPENSATION – compulsory purchase – house in dilapidated and uninhabitable condition – untraceable owner – valuation – comparable transactions – Housing Act 1985 s.17 and Land Compensation Act 1961 Part 1 – compensation determined at pounds 260,000 Citations: [2006] EWLands ACQ – 14 – 2005 Links: Bailii Jurisdiction: England and Wales Land Updated: 14 August … Continue reading Hussain v London Borough of Newham: LT 15 Feb 2006
COMPENSATION – compulsory purchase – preliminary issue – jurisdiction of Lands Tribunal to entertain reference – notice to treat – whether notice to treat withdrawn – whether notice of claim delivered – Land Compensation Act 1961 ss 4, 31 Citations: [2006] EWLands ACQ – 114 – 2004 Links: Bailii Jurisdiction: England and Wales Land Updated: … Continue reading Acton and Another v Trustees of Birmingham South West Circuit Methodist Church Manses Trust: LT 29 Jun 2006
COMPENSATION – Acquisition of superior leasehold and freehold interests – absent or untraceable owners – valuation – Places of Worship (Enfranchisement) Act 1920 – compensation awarded pounds 550 Citations: [2007] EWLands ACQ – 64 – 2006 Links: Bailii Statutes: Places of Worship (Enfranchisement) Act 1920 Jurisdiction: England and Wales Land Updated: 09 August 2022; Ref: … Continue reading School Room, Eaton Road, Re: LT 3 Jan 2007
Compensation – Land Compensation Act 1973 Part 1 – Highway not maintainable at public expense within 3 years of opening – Effect of agreement to adopt under s.38(3) of Highways Act 1980 – Interpretation of s. 19(3) of Land Compensation Act under s.3 of Human Rights Act 1998 – Meaning of ‘0n his behalf’ in … Continue reading O’Connor and Another v Wiltshire County Council: LT 6 Feb 2006
Prisoner’s death – need for full public enquiry The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death. Held: There had been a police investigation and trial … Continue reading Amin, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Oct 2003
The vessel ‘Ocean Victory’ grounded in 2006 entering a port in a storm. Held: In the first action, that the intermediate charterers were liable to the demise charterers for breach of the safe port warranty in the time charter, and likewise, in the third-party proceedings, that the charterers were liable to the intermediate charterers for … Continue reading Gard Marine and Energy Ltd v China National Chartering Co Ltd and Others: ComC 30 Jul 2013
The claimant, a consultant surgeon had been subject to disciplinary proceedings by his employer. They were however conducted in a manner which breached his contract. The GMC had summarily dismissed the same allegations. The claimant now appealed against an award by the county court judge which had limited his damages to loss of earnings only. … Continue reading Edwards v Chesterfield Royal Hospital NHS Foundation Trust: QBD 31 Jul 2009
CPAG appealed against a refusal of a declaration that the respondent could use only the 1992 Act to recover overpayment of benefits where there had been neither misrepresentation nor non-disclosure. Held: The appeal succeeded, and the court made a declaration that: ‘where a benefit falling within section 71(11) of the Social Security Administration Act 1992 … Continue reading Child Poverty Action Group, Regina (on the Application of) v Secretary Of State for Work and Pensions: CA 14 Oct 2009
The claimant investors said that their financial adviser, the defendant insolvent company, had given them negligent advice. The action was brought as a preliminary to claiming against the defendant’s insurers under the 1930 Act, in the way made necessary by the Post Office and Bradley cases. Limitation defences were deployed to strike the action out. … Continue reading Financial Services Compensation Scheme Ltd v Larnell (Insurances) Ltd: CA 29 Nov 2005
COMPENSATION – electricity – underground cables – land with planning permission for waste transfer station – statutory wayleaves for retention – preliminary issues – injurious affection – valuation method – quantum – disturbance claim for loss of profits – entitlement to this – factual basis for determination of claim – mitigation of loss – Electricity … Continue reading Welford and others v EDF Energy Networks (LPN) Plc: LT 10 Mar 2006
The EAT considered the effect of an employer’s failure to comply with the statutory procedures in a redundancy. Held: ‘there is an automatically unfair dismissal where there is a failure fully to comply with any relevant statutory procedure. Compliance with the statutory procedure does not, however, mean that the dismissal is necessarily fair or cannot … Continue reading Alexander and Hathersley v Bridgen Enterprises Ltd: EAT 29 Mar 2006
COMPENSATION – planning permission – revocation – Article 4 direction – Town and Country Planning General Development Order 1995 – whether indoor swimming pool and leisure block permitted development – estoppel – valuation – Town and Country Planning Act 1990, ss 107, 108 and 117 – compensation awarded pounds 31,700 Citations: [2006] EWLands LCA – … Continue reading Smith and Another v South Staffordshire District Council: LT 27 Jun 2006
ECJ Article 81 EC- Competition – Agreements, decisions and concerted practices – Accidents caused by motor vehicles, vessels and mopeds – Compulsory civil liability insurance – Increase in premiums – Effect on trade between Member States – Right of third parties to claim compensation for harm suffered – National courts and tribunals having jurisdiction – … Continue reading Manfredi v Lloyd Adriatico Assicurazioni SpA; Antonio Cannito v Fondiaria Sai SpA, Nicolo Tricarico; Pasqualina Murgolo v Assitalia SpA C-295/04: ECJ 13 Jul 2006
The parties entered an agreement to distribute and sell goods in the UK. They disagreed as to the meaning of a term governing the termination of the distributorship. Held: The court can not take into account the post-contractual conduct or statements of the parties in order to determine the meaning and effect of the contract. … Continue reading F L Schuler AG v Wickman Machine Tools Sales Limited: HL 4 Apr 1973
LT LANDLORD AND TENANT – service charges – liability – whether lessee liable for management costs – held lessee liable for costs incurred in providing specified services under lease but not otherwise – Landlord and Tenant Act 1985 s 27A. Citations: [2008] EWLands LRX – 114 – 2007 Links: Bailii Statutes: Landlord and Tenant Act … Continue reading Norwich City Council v Marshall: LT 23 Oct 2008
ECJ Article 81 EC- Competition – Agreements, decisions and concerted practices – Accidents caused by motor vehicles, vessels and mopeds – Compulsory civil liability insurance – Increase in premiums – Effect on trade between Member States – Right of third parties to claim compensation for harm suffered – National courts and tribunals having jurisdiction – … Continue reading Vincenzo Manfredi v Lloyd Adriatico Assicurazioni SpA etc: ECJ 13 Jul 2006
The appellant had employed the three claimants in his medical surgery, but they claimed automatic unfair dismissal when the practice closed on his suspension from practice and the statutory procedures were followed but not to the procedural standard, alleging unreasonable delay in the appeals. Held: The employer’s appeal succeeded. The employees’ appeals failed. There was … Continue reading Selvarajan v Wilmot and others: CA 23 Jul 2008
Citations: [2006] UKEAT 0135 – 06 – 1511 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Redcar and Cleveland Borough Council v Bainbridge and others EAT 16-Oct-2006 EAT Equal pay in the North East. Women whose jobs had been rated as equivalent with comparator men (and in some cases had been rated higher) … Continue reading Redcar and Cleveland Borough Council v Bainbridge and others: EAT 15 Nov 2006
LT COMPENSATION – Land Compensation Act 1973 Part I – house affected by road alterations acquisition by agreement of right to enter land to build wall for purpose of works compensation paid pursuant to this – held claim under Part I precluded – 1973 Act s 8 Citations: [2008] EWLands LCA – 102 – 2006 … Continue reading Lall and Another v Transport for London: LT 31 Jan 2008
Judges: Swift DBE J Citations: [2007] EWHC 1948 (QB) Links: Bailii Jurisdiction: England and Wales Citing: See Also – AB and others v Small Mines, UK Coal QBD 13-Aug-2007 . . See Also – AB and others v British Coal Corporation and Coal Mining Contractor Defendants QBD 22-Jun-2004 . . See Also – AB and … Continue reading AB and others v British Coal Corporation (Rulings Appended): QBD 13 Aug 2007
The appellant challenged the decision that he had not been an employee of the respondent. He had worked for them first through an agency, and come to be closer to them, but was still not paid sick pay. He complained that the tribunal had decided he was not an employee without first listening to the … Continue reading Raymond Franks v Reuters Limited, First Resort Employment Limited: CA 10 Apr 2003
The claimants, a firm of accountants, sued their former clients for unpaid fees. The defendant company counterclaimed for professional negligence. The claimant had expended andpound;5.6m in costs. The claimants now sought a non-party costs order against former directors of the company, which had gone into administration. They said that the company’s counterclaim was built on … Continue reading Chantrey Vellacott v The Convergence Group Plc and others: ChD 31 Jul 2007
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
The claimants alleged that the legislation governing retirement was indirectly discriminatory against men. Though the right not to be unfairly dismissed maximum age limit was the same for men and for women, that did not apply on a redundancy. Held: A great deal depended upon the method of selection of the pool of workers, should … Continue reading Rutherford and Another v Secretary of State for Trade and Industry: CA 3 Sep 2004
EAT Practice and Procedure – Review Employers conceded liability for holiday pay under the Working Time Regulations at the Employment Tribunal. They did so on the basis that the decision of the EAT in List Design Group v Douglas [2002] ICR 636 gave the employee an entitlement with respect to three years’ holiday pay. A … Continue reading Griffin v City and Islington College: EAT 28 Nov 2006
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 claimant was injured working for the defendants on a semi-submersible platform. He fell from a ladder which was not secured properly. He alleged a breach of the Regulations. The defendant denied any breach and asserted that the claimant had contributed to the accident by his negligence. Held: The employee’s appeal succeeded. The aim in … Continue reading Robb v Salamis (M and I) Ltd: HL 13 Dec 2006
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 bank had sought summary dismissal of a claim for non-payment of bonuses to the claimant a former employee, and now appealed refusal of its request for summary dismissal, saying that the claim had no prospect of success. The claimant said that though the payments were discretionary, it was an implied term that the bank … Continue reading Commerzbank Ag v Keen: CA 17 Nov 2006
A collective compensation agreement, which required affected persons to submit their claims, along with medical evidence, through authorised solicitors to be compensated on the basis of agreed damages formula, was introduced. Judges: Pill LJ, Rix LJ, Arden LJ Citations: [2006] EWCA Civ 1357 Links: Bailii Jurisdiction: England and Wales Citing: See Also – AB and … Continue reading AB and others v British Coal Corporation and others: CA 19 Oct 2006
LT COMPENSATION – injurious affection – Compulsory Purchase Act 1965 s 10 – preliminary issue – motorway service area – junction alterations affecting trade – whether damage suffered as result of ‘works’ – whether particular damage suffered – held claim for compensation may lie. Citations: [2006] EWLands LCA – 122 – 2005 Links: Bailii Statutes: … Continue reading Moto Hospitality Ltd v Highways Agency: LT 28 Jul 2006
EAT Unfair Dismissal – Polkey deductionAppeal on basis that Chairman failed to consider whether a Polkey deduction was appropriate in a failure to consult redundancy unfair dismissal. Respondent had been debarred from taking part after late ET3 and Rule 9 decision. Need for care by Tribunals in such circumstances. Appeal on this ground successful. Other … Continue reading NSM Music Ltd v Leefe: EAT 20 Jun 2006
The doctor complained of the use of Alert letters where he was suspected of sexual abuse of patients, but the allegations were unsubstantiated. He complained particularly that he had been acquitted in a criminal court and then also by the professional conduct committee of the GMC. Held: There had been very poor administration of the … Continue reading Dr D, Regina (on the Application of) v Secretary of State for Health: CA 19 Jul 2006
The prisoner had been released on licence but then recalled. He complained that the procedure infringed his human rights. He had been convicted of manslaughter, and was seen to be a long term danger. The court awarded him compensation saying that the parole board had unduly delayed in informing him of the reasons for his … Continue reading Hirst v Secretary of State for the Home Department: CA 6 Jul 2006
EAT Practice and Procedure: Striking-out/dismissal – Split hearings – Employment Tribunal refused several applications for an adjournment of the liability hearing because of the Respondent’s illness and proceeded to find Respondent guilty of two acts of direct discrimination. At the remedies hearing the same Employment Tribunal found it would not be just and equitable to … Continue reading Deman v Coates: EAT 12 May 2006
EAT The Claimant was dismissed in December 2004 after defects in his performance had appeared in August 2004. Because of the delay and for other reasons which they set out in detail the Tribunal were not satisfied that the dismissal was truly for misconduct and therefore found that the dismissal was unfair. Held: The Tribunal’s … Continue reading Hertz (UK) Ltd v Ferrao: EAT 10 Mar 2006
EAT The appellant was a student nurse. He was required to be chaperoned when carrying out intimate procedures on female patients whereas a female student nurse was not required to have a chaperone when carrying out intimate procedures on male patients. The respondent accepted that this was direct discrimination and therefore could not be justified … Continue reading Moyhing and Another v Barts and London NHS Trust: EAT 28 Apr 2006
The claimant had been injured in a road traffic accident for which the defendant was responsible in negligence. The defendant was not insured, and so a claim was to be made against the MIB. The plaintiff issued proceedings just before the expiry of the period, but failed to give first the requisite formal notice to … Continue reading Horton v Sadler and Another: HL 14 Jun 2006
The employer appealed against findings of unfair dismissal and disability discrimination. The employee worked in IT. He was profoundly deaf, but could lip read and read sign language. He had been accused of obtaining improper access to a senior staff member’s emails. During the disciplinary hearing, he had been assisted by an interpreter for part … Continue reading Taylor v OCS Group Ltd: CA 31 May 2006
ECJ Officials – Career development report – Action for annulment – Action for compensation – Manifest error of assessment – Obligation to state reasons – Misuse of powers – Psychological harassment Citations: T-73/05, [2006] EUECJ T-73/05, [2006] EUECJ T-73/05 Links: Bailii, Bailii European Updated: 06 July 2022; Ref: scu.241910
The parties to the action had given cross undertakings to support the grant of an interim injunction. A third party subsequently applied to be joined, and now sought to take advantage of the cross undertakings to claim the losses incurred through the giving of the ‘wrongful undertakings’ Held: The joined party, who had not itself … Continue reading Smithkline Beecham Plc Glaxosmithkline UK Ltd and Another v Apotex Europe Ltd and others (No 2): CA 23 May 2006
The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out to evict her. She claimed that the authority had to get a court authority before so evicting her. … Continue reading Desnousse v London Borough of Newham and others: CA 17 May 2006
EAT The Employment Tribunal had erred in its construction of direct discrimination under s3A(5) of the Disability Discrimination Act 1995 as amended when it failed to construct a correct hypothetical comparator for the Claimant who was an HIV+ care worker dismissed because of the risk of transmission to users of the Respondent’s health care facilities. … Continue reading High Quality Lifestyles Ltd v Watts: EAT 10 Apr 2006
The claimants sought damages after contracting meselothemia working for the defendants. The defendants argued that the claimants had possibly contracted the disease at any one or more different places. The Fairchild case set up an exception to the rule, so that the defendants could be liable for all the losses despite the fact that others … Continue reading Barker v Corus (UK) Plc: HL 3 May 2006
EAT Unfair Dismissal: Procedural Fairness/Automatically Unfair Dismissal; Compensation The reversal of Polkey . . 1987) IRLR 503 effected by Employment Rights Act 1996 s98A(2) applies to dismissals occurring on or after 1 October 2004. It applies to a failure to follow a procedure or policy covering dismissal, whether in writing or existing by custom and … Continue reading Mason v Ward End Primary School: EAT 12 Apr 2006
SCIT CAPITAL GAINS TAX – Roll-relief – Goodwill – Franchisor purchasing Franchisees’ restaurant businesses – part of the consideration allocated to goodwill not inherent in the property of the restaurant business – whether HM Revenue and Customs were bound by the terms of the contract of sale which was honestly reached and at arms length … Continue reading Balloon Promotions Ltd and others v Revenue and Customs: SCIT 3 Mar 2006
The reason adduced by the union for the dismissal of the climant was found by the Tribunal on the facts not to be the true reason for dismissal, the true reason being the union executive committee’s political antipathy to Mr Brady. Held: It was highly arguable that a finding that disciplinary proceedings had been commenced … Continue reading Associated Society of Locomotive Engineers and Firemen v Brady: EAT 31 Mar 2006
The claimant had been dismissed shortly after becoming unable to work. She sought payment of her normal salary during the period of notice saying this was established good practice. Held: ‘We are put in the invidious position of being bound by a Court of Appeal decision which seems to the majority to conflict with a … Continue reading Langley and Another v Burso: EAT 3 Mar 2006
EAT Unfair Dismissal: Mitigation of Loss and Public Interest Disclosure The Tribunal found that, after dismissal, the employee had unreasonably ‘taken herself out of the world of work’ by enrolling on a 4 year university course and calculated her compensation for loss of earnings and loss of pension for unfair dismissal only to the start … Continue reading Williams v North Tyneside Council: EAT 31 Jan 2006
EAT Unfair Dismissal: Reasonableness of Dismissal and CompensationEmployment Tribunal correctly applied the objective test of the band of reasonable responses to the facts it found. Appeal against liability dismissed.On the basic award of compensation, it did not err when it did not reduce the award by 50% as it had for contributory fault in respect … Continue reading Compass Group UK and Another v Baldwin: EAT 5 Jan 2006
EAT Unfair Dismissal: Contributory Fault and Practice and Procedure: Appellate Jurisdiction/Reasons/Burns-BarkeQuantum of compensation – employee said illness was aggravated in part from dismissal. Tribunal found dismissal unfair but employee would have been dismissed 13 months later for sickness absence. Tribunal did not address in its reasons employee’s contention that illness was in part a consequence … Continue reading O’Hara v Jackstone Froster Ltd: EAT 30 Jan 2006
The court considered whether a clause in an employment agency’s terms and conditions amounted to a penalty and was unenforceable. The contract provided that if the offer was withdrawn by the eventual employer after acceptance but before the employment was taken up, the customer was to pay one third of the annual fee. Held: The … Continue reading Euro London Appointments Ltd v Claessens International Ltd: CA 6 Apr 2006
The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in a criminal trial, and had asked the police for support having received threats. Other witnesses had also suffered intimidation including acts of arson to cars and premises. The police officer had been disciplined for failing to respond … Continue reading Van Colle v Hertfordshire Police: QBD 10 Mar 2006
Judges: Lawrence Collins J Citations: [2006] EWHC 480 (Ch) Links: Bailii Statutes: Solicitors Act 1974, Law Society Compensation Fund Rules 1995 Jurisdiction: England and Wales Citing: Cited – Sritharan v Law Society CA 27-Apr-2005 The Law Society had intervened in the applicant’s legal practice as a solicitor, and his practising certificate had been automatically suspended. … Continue reading Ahmed and Co, Biebuyck Solicitors, Dixon and Co and Others, Re; Law Society: ChD 14 Mar 2006
The worker was employed via an employment agency. The contract the company had was with the agency, and the agency had the contract with the worker. The worker claimed an implied contract of employment with the end-user. Held: The end-user company’s appeal failed. The ET was entitled to hold that Mr Muscat had been an … Continue reading Cable and Wireless Plc v Muscat: CA 9 Mar 2006
The claimant sought damages from his accountants, claiming negligence. The accountants pleaded limitation. They had advised him in connection with an investment in a company which investment went wrong. Held: It was argued that the limitation period was to be extended until three years after the discovery by the claimant of why it was that … Continue reading Haward and others v Fawcetts: HL 1 Mar 2006
COMPENSATION – Costs – Sealed offer accepted – S.4(1) of Land Compensation Act 1961 – s.3(5) of Lands Tribunal Act 1949 – Reasonable time for acceptance of sealed offer – Guidance as to form of sealed offer Citations: [2006] EWLands CON – 87 – 2004 Links: Bailii Statutes: Land Compensation Act 1961 4(1) Jurisdiction: England … Continue reading Chapter Group Plc v London Regional Transport and Another: LT 25 Jan 2006
LT COMPENSATION – planning permission – discontinuance order – preliminary issue – airfield – scope and effect of planning permissions granted under s73A of Town and Country Planning Act 1990 – whether conditions would continue to bind adjoining land the subject of an earlier, less restrictive planning permission – issue estoppel – abuse of powers … Continue reading Williamson v Mid-Suffolk District Council: LT 18 Jan 2006
The claimant companies had paid corporation tax under rules which had later been found to be discriminatory. They now sought repayment by virtue of double taxation agreements with the countries in which the parent companies were based. Held: The double agreements required the taxation provisions should not treat worse ‘other similar enterprises of that first-mentioned … Continue reading Boake Allen Ltd and others v HM Revenue and Customs: CA 31 Jan 2006
The claimant had been found liable to pay damages for personal injury, and now sought contribution from the defendants. The defendants said that they were out of time since the contribution action had been commenced more than 2 years after the judgment. Held: The appeal succeeded. The judgment had been for damages to be assessed. … Continue reading Aer Lingus v Gildacroft Ltd and Another: CA 17 Jan 2006
The appellants challenged the removal of a restrictive covenant on a neighbour’s house restricting further building on the land to allow further house in the garden. It was in a small close of houses all erected, and the covenant imposed, in 1952. It was in effect part of a building scheme. The tribunal had found … Continue reading Shephard and others v Turner and Another: CA 23 Jan 2006
ECJ Carriage by air – Regulation (EC) No 261/2004 – Articles 5, 6 and 7 -Compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights – Validity – Interpretation of Article 234 EC Judges: V Skouris, P Citations: C-344/04, [2006] EUECJ C-344/04, Times 16-Jan-2006, [2006] ECR … Continue reading Regina, ex parte International Air Transport Association, European Low Fares Airline Association v Department for Transport: ECJ 10 Jan 2006
The defendant appealed against a finding that the pooled betting scheme they operated was governed by the Act. Held: Whether such an arrangement amounted to a collective investment scheme so as to be regulated was first a question of fact as to whether there was a single set of arrangements so as to constitute a … Continue reading Financial Services Authority v Fradley and Woodward: CA 23 Nov 2005
The claimant owned the copyright in several successful computer games. He had granted licenses for the use of the software, which licences were assigned to the defendants. Disputes arose as to the calculation of royalty payments, and the claimant sought to exercise his auditing rights. The defendant company in the US handled the accountancy for … Continue reading Sawyer v Atari Interactive Inc: ChD 1 Nov 2005
EAT Practice and Procedure -and- Disability DiscriminationAppellant’s application to raise a new point on appeal (that the Law Reform (Contributory Negligence) Act 1945 applies to Disability Discrimination Act 1995 section 8(3) damages) was refused as the Employment Tribunal had already decided, at its liability hearing, to deduct 40% from unfair dismissal compensation and had not … Continue reading The Blackpool Fylde and Wyre Society for the Blind v Begg: EAT 31 Mar 2005
LT COMPENSATION – injurious affection – hoardings erected in street during construction works outside shop premises – preliminary issue – whether claim under Compulsory Purchase Act 1965 s 10 valid – held claimant entitled to compensation for any diminution in rental value. Citations: [2003] EWLands LCA – 30 – 2003, [2004] R and VR 145 … Continue reading Ocean Leisure Ltd v Westminster City Council: LT 31 Dec 2003
Appeal by way of case stated against a decision of the General Commissioners as to whether a certain compensation payment received by the appellant under section 31(3) of the Land Compensation Act 1961 was income or capital. The General Commissioners decided that the payment was income. Judges: Briggs J Citations: [2006] EWHC 3046 (Ch) Links: … Continue reading Able (UK) Ltd v Revenue and Customs: ChD 19 Oct 2006
The court looked at the inference that a statute’s draughtsman could be assumed when using a phrase to rely on a known interpretation of that phrase.Viscount Buckmaster said: ‘It has long been a well established principle to be applied in the consideration of Acts of Parliament that where a word of doubtful meaning has received … Continue reading Barras v Aberdeen Steam Trawling and Fishing Co: HL 17 Mar 1933
The EAT considered the Polkey principle: ‘a finding that a dismissal is unfair does not mean that an employee is entitled to full compensation for the loss resulting from the loss of his job. He is only entitled to the loss he has sustained which is attributable to action taken by the employer, so that, … Continue reading Wolesley Centers Ltd v Simmons: EAT 24 May 1993
The claimant had been severely injured when hit by a car in Greece. The car’s driver was uninsured. The Court was now asked whether the scope of her claim to damages was to be determined in accordance with English or Greek law. The implementation of the European Regulations with UK law predated the Sixth Directive. … Continue reading Moreno v The Motor Insurers’ Bureau: SC 3 Aug 2016
The tenant had taken on pub leases with ties requiring him to buy beer from companies associated with the landlords. The European Commission had issued a decision and the House was asked whether this was binding on the parties. Held: Intrepreneur’s appeal was allowed. The Commission’s decision was not binding. Lord Bingham: ‘Community law prohibits … Continue reading Inntrepreneur Pub Company (CPC) and others v Crehan: HL 19 Jul 2006
The respondent resisted a claim of unfair dismissal and race discrimination on the basis that the employment contract was illegal since the claimant was an immigrant and unable to work without a work permit. Held: The Court of Appeal upheld a defence of illegality to a teacher’s complaint against a school of unlawful discrimination by … Continue reading V v Addey and Stanhope School: CA 30 Jul 2004
The company went into insolvent liquidation. The secretary of state was to make payments to employees and there were other state preferential creditors. At the same time a refund of VAT was due from the Commissioners of customs and Excise. Held: The sums paid out and preferential debts could be set off against the VAT … Continue reading Secretary of State for Trade and Industry v Frid: HL 13 May 2004
An award of interest at a conventional rate includes an element in respect of the ‘real’ rate of return which an investor could expect to receive on a risk-free investment and an element to allow for inflation. Lord Diplock said: ‘that element of risk which is presented by inflation is taken care of in a … Continue reading Wright v British Railways Board: HL 1983
Where supervening events might contribute to the personal injury suffered, the proper approach in apportioning compensation in respect of one occasion was in general terms to provide just and sufficient compensation for the injury caused without being excessive. There is no general or universal logical basis for rules in these situations. The possibility of hypothetical … Continue reading Heil v Rankin: CA 13 Jun 2000
Niru contracted to buy lead from Milestone, to be paid for in a letter of credit, against certifying documents produced for the purpose. Mr Mahdavi, the individual behind Milestone, procured CAI to finance the acquisition of warrants to be retained by them as security for repayment of their loan by, ultimately, the purchase price payable … Continue reading Niru Battery Manufacturing Company, Bank Sepah Iran v Milestone Trading Limited: CA 28 Apr 2004
The applicant had been employed to provide services to RAF in the Ascension Islands. He alleged constructive dismissal. There was an issue as to whether somebody working in the Ascension Islands was protected by the 1996 Act. The restriction on jurisdiction in s196 had been removed. The question now was as to what test applied … Continue reading Serco Ltd v Lawson and Foreign and Commonwealth Office: CA 23 Jan 2004
EAT Judge McMullen QC adopted a limited view of the scope of the new principle of stable employment set out at the ECJ and HL. He thought it was intended ‘to rescue employees who do not have a permanent job’; and that it was confined to cases of the kind considered by the ECJ, that … Continue reading Preston and others v Wolverhampton Healthcare NHS Trust and others: EAT 3 Nov 2003
EAT The EAT considered the consequences, of a decision to strike out a Notice of Appearance under Rule 15(2)(d). Held: The EAT will require an employment tribunal, among other things, to consider the proportionality of what it was doing. If a fair trial were not possible on liability, there could still be an order simply … Continue reading Bolch v Chipman: EAT 19 May 2003
The claimant sought a compensation payment under the Regulations after its sales agency for fishing tackle was terminated. The defendant argued that compensation was payable only where the agency was terminated before its term. Held: The regulations provided that compensation was payable also where the agency simply expired by effluxion. ‘termination having been given a … Continue reading Pure Fishing (UK) Ltd v Cooper Watkins and Bartle: CA 29 Sep 2003
There had been a racist attack. The victim was set on fire and killed in the street by assailants. His relatives sought compensation. However the assailants were not agents of the state and they were duly prosecuted, convicted and sentenced. No blame attached to state authorities for the killing and no breach of the state’s … Continue reading Menson v United Kingdom: ECHR 6 May 2003
The claimants sought damages under the regulations. They were self employed sales agents. At first they were sub agents but upon the ceasing to trade of the main agents they had acted directly for the principal. Those agencies had been terminated. Held: In addition to the question of whether they were agents within the directive, … Continue reading Light and Others v Ty Europe Ltd: CA 25 Jul 2003
EAT Practice and Procedure – Compromise. Judges: The Honourable Mr Justice Elias (President) Citations: UKEAT/0424/06 and UKEAT/0031/07 Links: EAT Jurisdiction: England and Wales Citing: See Also – Redcar and Cleveland Borough Council v Bainbridge and others EAT 16-Oct-2006 EAT Equal pay in the North East. Women whose jobs had been rated as equivalent with comparator … Continue reading Bainbridge and others, Redcar and Cleveland Borough Council v Redcar and Cleveland Borough Council, Williams and others: EAT 31 Jan 2007
The claimant asserted that the defendant had agreed in the course of a telephone conversation, to provide sponsorship, and sought to enforce that agreement. There were considerable conflicts of evidence. Held: Evidence given on behalf of the claimant was inconsistent and incredible. No contract was made, the person dealing for Vodaphone did not have authority … Continue reading Jordan Grand Prix Limited v Vodafone Group Plc: ComC 4 Aug 2003
EAT The claimant had presented claims of sex and disability discrimination and victimisation. She suffered injury to her throat when builders demolished a wall near her workstation. Held: The employer’s appeal was dismissed. ‘There must be many cases in which the disabled person has been placed at a substantial disadvantage in the workplace, but in … Continue reading Mid-Staffordshire General Hospitals NHS Trust v Cambridge: EAT 4 Mar 2003
(National Industrial Relations Court) The court was asked to calculate damages on a dismissal, and particularly as to whether the manner of the dismissal should affect the damages. Held: The common law rules and authorities on wrongful dismissal are irrelevant. That cause of action is quite unaffected by the Act which has created an entirely … Continue reading Norton Tool Co Ltd v Tewson: NIRC 30 Oct 1972
The claimant was acquitted by a jury at trial and he then sought compensation for the period of his detention on remand. The test applied was whether ‘it is shown to be probable that he did not perform the act that formed the basis for the charge’. Held: Article 6(2) was applicable and there was … Continue reading Hammern v Norway: ECHR 11 Feb 2003
The claimant was a prisoner. He became entitled to be considered for release on parole, but was not released because the Parole Board had not made a decision. Held: The system for consideration of the release of discretionary and life prisoners infringed the human rights of such prisoners, insofar as the consideration of their release … Continue reading Regina (Noorkoiv) v Secretary of State for the Home Department and Another: CA 30 May 2002
The tenant claimed that the landlord had failed in its obligations of repair undertaken in the lease. Held: Where the landlord was in default, a tenant may have a right to undertake the repairs itself, recovering the costs.Jenkins LJ cited propositions of law, including: ‘In the event of the landlord failing to do the requisite … Continue reading Granada Theatres Ltd v Freehold Investment (Leytonstone) Ltd: CA 23 Mar 1959
A young prisoner was known to be at risk of suicide, but nevertheless was not provided with adequate specialist medical supervision. He was punished for an offence, by way of segregation which further put him at risk. Held: Inhuman and degrading treatment had to achieve a certain standard of seriousness before it became an infringement, … Continue reading Keenan v The United Kingdom: ECHR 3 Apr 2001
UNFAIR DISMISSAL, DISABILITY DISCRIMINATION The Appeal Tribunal was asked to consider the Employment Tribunal’s approach to the assessment of loss of earnings compensation and remedy for constructive unfair dismissal and disability discrimination dismissal. The issues were firstly whether the Employment Tribunal (ET) had assessed loss on the balance of probabilities or on the basis of … Continue reading Shittu v South London and Maudsley NHS Foundation Trust (Unfair Dismissal, Disability Discrimination): EAT 13 Jul 2021
Judges: Lightman J Citations: [2006] EWHC 1535 (Ch) Links: Bailii Jurisdiction: England and Wales Cited by: See Also – Able (UK) Ltd v Revenue and Customs ChD 19-Oct-2006 Appeal by way of case stated against a decision of the General Commissioners as to whether a certain compensation payment received by the appellant under section 31(3) … Continue reading Able (UK) Holdings Ltd v HM Inspector of Taxes: ChD 30 Jun 2006
The appellant was employed by the first respondents as a steam cleaning operative. The first respondent had contracted to supply cleaning services to the second respondent at one of the second respondent’s yards, where buses were cleaned. The appellant’s place of employment was at that yard. The yard was iced and despite attempts to grit … Continue reading King v RCO Support Services Limited and Yorkshire Traction Company Limited: CA 8 Dec 2000
The test of ‘When a plaintiff became aware of the cause of an injury’ is a subjective test of what passed through plaintiff’s mind. ‘(1) the knowledge required to satisfy s14(1)(b) is a broad knowledge of the essence of the causally relevant act or omission to which the injury is attributable; (2) ‘attributable’ in this … Continue reading Spargo v North Essex District Health Authority: CA 13 Mar 1997
The claimant sought damages from the defendant after the death of her father in the Potters Bar rail crash. The defendant applied for summary judgment saying that English law did not recognise a claim by a family member of a deceased save through the claim of the estate itself. The claimant said that this would … Continue reading Cameron and others v Network Rail Infrastructure Ltd: QBD 18 May 2006
In an action for libel, to support a plea of justification stating that the plaintiff had forged and uttered, knowing it to be forged, a certain bill of exchange, to justify a verdict for the defendant, the same evidence must be given as would be necessary to convict the plaintiff If he were on trial … Continue reading Chalmers v Shackell And Others: 4 Jul 1834
The court considered an appeal against sentence based on the disparity between the treatment of the defendants: ‘The fact that the co-defendant Sheppard appears to have been extremely fortunate is not in our judgment a good reason for imposing a sentence on the appellant that would in our judgment be less than the facts of … Continue reading Regina v Tate: CACD 2006
Where parties enter into a contract which confers a discretion on one of them, the discretion must be exercised honestly and in good faith, and not ‘arbitrarily, capriciously or unreasonably’. The owner had acted unreasonably in that there was no material on which a reasonable owner could reasonably have exercised the discretion in the way … Continue reading Abu Dhabi National Tanker Co v Product Star Shipping Ltd (No 2): CA 1993
Where an activity had been continuing without planning permission for 10 years it was no obstacle to obtaining a certificate of lawful use that the activity had been illegal because it had been carried out without a waste management licence. A certificate once granted is conclusive answer to any enforcement notice subsequently issued and is … Continue reading Epping Forest District Council v Philcox: CA 13 Apr 2000
