Lord Cairns said: ‘A reason for the dismissal of an employee is a set of facts known to the employer, or it may be of beliefs held by him, which cause him to dismiss the employee. If at the time of his dismissal the employer gives a reason for it, that is no doubt evidence, … Continue reading Abernethy v Mott Hay and Anderson: CA 1974
EAT UNFAIR DISMISSAL – Compensation The decisions to apportion compensation, not to award any future loss after April 2008 and to apply an ‘uplift’ of 25% in respect of breach of statutory procedures were neither irrational, nor without evidential foundation nor based on any misdirection and the appeal would be dismissed. PRACTICE AND PROCEDURE – … Continue reading Joes v The City and County of Swansea: EAT 5 May 2011
EAT PRACTICE AND PROCEDURE – Costs UNFAIR DISMISSAL – Compensation 1. Compensation. It is argued, in reliance on Melia v Magna Kansei Ltd [2006] ICR 410, that the Employment Tribunal should have made an allowance for delay in payment of loss of earnings. This was, however, not argued below and no evidential foundation was laid … Continue reading Francois v Castle Rock Properties Ltd (T/S Electric Ballroom): EAT 5 Apr 2011
The parties had lived together, but remained unmaried. The relationship broke down and Ms Gow claimed under the 2006 Act. Mr Grant now appealed. Held: The appeal succeeded. Mrs Gow’s application for an award of a capital sum was refused. There had been a number of cases which disclosed varying and contradictory approaches to the … Continue reading Gow v Grant: SCS 22 Mar 2011
EAT PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke An Employment Tribunal decision must comply in both form and substance with 30(6) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 SI No. 1861 and failure to do so will amount to an error of law; Balfour Beatty Power Networks Ltd v Wilcox [2006] EWCA … Continue reading Greenwood v NWF Retail Ltd: EAT 18 Feb 2011
EAT PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke An Employment Tribunal decision must comply in both form and substance with 30(6) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 SI No. 1861 and failure to do so will amount to an error of law; Balfour Beatty Power Networks Ltd v Wilcox [2006] EWCA … Continue reading Norman and Another v NWF Retail Ltd: EAT 18 Feb 2011
The claimant supporters’ club had brought an action to prevent a substantial shareholder in the first defendant company from selling off land owned by the club for no consideration. The parties had reached a settlement after a protracted claim seeking to prevent a director of a holding company from assigning land belong to the Football … Continue reading Carlisle and Cumbria United Independent Supporters’ Society Ltd v CUFC Holdings Ltd and Others: CA 5 May 2010
EAT UNFAIR DISMISSALCompensationPolkey deductionThe Claimant was unfairly dismissed on 8 November 2006. The Employment Tribunal found she would have been fairly dismissed or resigned on 16 January 2007 and awarded compensation for economic loss up to then but not thereafter. The EAT upheld this award for even if the manner of the dismissal made the … Continue reading Davidson-Hogg v Davis Gregory Solicitors and Another: EAT 15 Nov 2010
The defendant had been convicted and sentenced for the attempted rape of the claimant. He had subsequently won a substantial sum on the lottery, and she now sought damages. He replied that the action was statute barred being now 16 years old. The claimant said the decision to deny her claim had interfered with her … Continue reading A v Hoare: QBD 14 Oct 2005
LT COMPENSATION – purchase notice – land in use as public open space – terrace of houses on land demolished during second world war – whether Third Schedule rights to be assumed – held they were – compensation andpound;1,600,000 – Land Compensation Act 1961 ss 14(1) and 15(3). Citations: [2007] EWLands LCA – 118 – … Continue reading Greenweb Ltd v London Borough of Wandsworth: LT 17 Sep 2007
The claimant challenged fees which were charged to the respondents on applying to Westminster City Council for sex shop licences for the three years ended 31 January 2011, 2012 and 2013 and which included the council’s costs of enforcing the licensing scheme against unlicensed third parties running sex shops (‘enforcement costs’). The respondents’ applications all … Continue reading Hemming (T/A Simply Pleasure) and Others, Regina (on The Application of) v Westminster City Council: SC 19 Jul 2017
The claimant’s daughter had committed suicide after being given home leave on a secure ward by the respondent mental hospital. A claim in negligence had been settled, but the parents now appealed refusal of their claim that the hospital had failed in its article 2 duty to respect her right to life. Held: The decision … Continue reading Rabone and Another v Pennine Care NHS Trust: CA 21 Jun 2010
A contract of insurance provided an indemnity for ‘all sums which the insured shall become legally liable to pay as compensation in respect of loss of property’. The claim was by the Post Office against a contractor, Potters, for damaging one of their cables which in consequence the Post Office had to repair. Before the … Continue reading Post Office v Norwich Union Fire Insurance Society Ltd: CA 1967
COMPENSATION – dwellinghouse – claim for injurious affection caused by the effects of physical factors following construction of new road junction and road layout adjacent to the property – compensation awarded pounds 13,200 -Land Compensation Act 1973 Part 1. Citations: [2007] EWLands LCA – 211 – 2006 Links: Bailii Jurisdiction: England and Wales Land Updated: … Continue reading Chrisostomou v Manchester: LT 29 Mar 2007
EAT VICTIMISATION DISCRIMINATION SEX DISCRIMINATION – Burden of Proof Ex-employee given unfavourable reference – Claim that terms of reference were partly on account of her having previously brought sex discrimination proceedings against employers – Claim decided by the Tribunal on basis of the ‘reverse burden of proof’ provisions of s. 63A of Sex Discrimination Act … Continue reading Pothecary Witham Weld (A Firm) and Another v Bullimore and Another: EAT 29 Mar 2010
The defendant implemented a voluntary retirement scheme under which benefits were calculated according to the period of service of the employee. The plaintiff claimed that the scheme discriminated against workers who had taken career breaks, and therefore against women. Held: A severance pay scheme, which calculated the amount payable according to length of service and … Continue reading Barry v Midland Bank Plc: HL 22 Jul 1999
The dispute followed the grounding of a tanker the Ocean Victory. The ship was working outside of a safe port requirement in the charterparty agreement. The contract required the purchase of insurance against maritime war and protection and indemnity risks. The grounding occurred during a combination of severe weather events. Each of the two elements … Continue reading Gard Marine and Energy Ltd and Another v China National Chartering Company Ltd and Another: SC 10 May 2017
Claim for compensation after termination of commercial agency agreement. Judges: Overend J Citations: [2005] EWHC 2790 (QB), [2006] EuLR 578 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Moore v Piretta Pta Ltd QBD 11-May-1998 M had a series of agency contracts selling women’s clothing. The last contract was in 1994, and on termination, … Continue reading Smith, Bailey Palmer v Howard and Hallam Ltd: QBD 14 Nov 2005
The applicant sought damages for the defendant having infringed her privacy in several ways, including under the 1998 Act. The defendant argued that she had invited publicity and had misled the public as to her drug problem. A photograch had been taken as she left a drug rehabilitation group meeting. Held: The fact that she … Continue reading Campbell v Mirror Group Newspapers Ltd: QBD 27 Mar 2002
EAT STATUTORY DISCIPLINE AND GRIEVANCE PROCEDURESWhether infringedImpact on compensationUNFAIR DISMISSALCompensationMitigation of lossThe principal issues in the appeal concerned the now repealed statutory dismissal procedure in Employment Act 2002 Schedule 2 Part 1 Chapter 1.The Employment Tribunal did not err in holding that the employer was in breach of the statutory dismissal procedure by failing to … Continue reading West Hertfordshire Hospitals NHS Trust v Evans: EAT 19 Aug 2010
The applicant and his friend were seriously assaulted and robbed. Although police officers attended the scene, no investigation into the circumstances of the assault were conducted. The police officers claimed to have considered that the applicant and his friend were intoxicated, so they moved them from the position where they had been found and left … Continue reading Denis Vasilyev v Russia: ECHR 17 Dec 2009
The court considered what elements must be present to create a contract of employment. Held: Stephenson LJ said: ‘There must . . be an irreducible minimum of obligation on each side to create a contract of service.’Kerr LJ said: ‘The inescapable requirement concerning the alleged employees however . . is that they must be subject … Continue reading Nethermere (St Neots) Ltd v Taverna and Gardiner: CA 1984
A nurse was employed under a contract, under which there was no mutuality of obligation; she could refuse work and employer need offer none. This meant that there was no employment capable of allowing an unfair dismissal issue to arise.Sir Christopher Slade summarised as follows: ‘Principles governing appeals from an industrial tribunal At first impression … Continue reading Clark v Oxfordshire Health Authority: CA 18 Dec 1997
The respondent as a temporary worker was entitled to be treated as an employee of an agency within the contract governing the particular engagement where money was due when the agency went into liquidation. He was therefore able to claim against the respondent as such on that insolvency. A temporary worker might be an employee … Continue reading McMeechan v Secretary of State for Employment: CA 11 Dec 1996
Tour guides were engaged to act ‘on a casual as required basis’. The guides later claimed to be employees and therefore entitled by statute to a written statement of their terms of employment. Their case was that an exchange of correspondence between the parties in March 1989 constituted a contract, which was to be classified … Continue reading Carmichael and Another v National Power Plc: HL 24 Jun 1999
Law of vicarious liability is on the move Former children at the children’s homes had sought damages for sexual and physical abuse. The court heard arguments as to the vicarious liability of the Society for abuse caused by a parish priest visiting the school. The Court of Appeal had found some defendants (school management trust) … Continue reading The Catholic Child Welfare Society and Others v Various Claimants and The Institute of The Brothers of The Christian Schools and Others: SC 21 Nov 2012
The claimant’s daughter had committed suicide whilst on home leave from a hospital where she had stayed as a voluntary patient with depression. Her admission had followed a suicide attempt. The hospital admitted negligence but denied that it owed her a positive obligation to protect life under Article 2. Held: The claimants’ appeal succeeded. The … Continue reading Rabone and Another v Pennine Care NHS Foundation: SC 8 Feb 2012
Prerogative act of prorogation was justiciable. The Prime Minister had prorogued Parliament for a period of five weeks, leaving only a short time for Parliament to debate and act the forthcoming termination of the membership by the UK of the EU. The Scottish Court had decided (Cherry) that the prorogation was void being for impermissible … Continue reading Miller, Regina (on the Application of) v The Prime Minister; Cherry QC v Lord Advocate: SC 24 Sep 2019
At the council’s independent, single-sex grammar schools there were more places available for boys than girls. Consequently the council were obliged to set a higher pass mark for girls than boys in the grammar school entrance examination. Held: The council, as local education authority, had discriminated against girls. Discrimination can take place when a woman … Continue reading Regina v Birmingham City Council ex parte Equal Opportunities Commission: HL 1989
The plaintiff was a manager within the social services department. He suffered a mental breakdown in 1986, and had four months off work. His employers had refused to provide the increased support he requested. He had returned to work, but again, did not receive the staff or guidance to allow him to do the work … Continue reading Walker v Northumberland County Council: QBD 16 Nov 1994
The Ocean Victory went aground in a storm in Kashima port. The court was now asked (i) what, as a matter of law, was the correct test for an abnormal occurrence; (ii) in particular, was the judge correct to hold that the combination of two weather conditions on the casualty date (namely the phenomenon of … Continue reading Gard Marine and Energy Ltd v China National Chartering Co Ltd: CA 22 Jan 2015
The appellants had suffered deep vein thrombosis whilst travelling on long haul air flights. The defendants said that their liability was limited because the injuries were not accidents. Held: The claimants’ appeal failed. The definition of accident in Fenton required adjustment in this context: for Convention purposes the ‘loss or hurt’ cannot itself be the … Continue reading Deep Vein Thrombosis and Air Travel Group Litigation: HL 8 Dec 2005
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
The claimant had been imprisoned then released after his conviction for sexual assaults. He appealed against rejection of his claim for compensation. The criterion for compensation was demonstrating that something had ‘gone seriously wrong in the conduct of the trial.’ Held: The claim failed. ‘a true analysis of the law is in any event less … Continue reading Siddall, Regina (on the Application of) v Secretary of State for Justice: Admn 16 Mar 2009
EAT UNFAIR DISMISSAL: Compensation/Mitigation of loss The employee was unfairly constructively dismissed. She was entitled to a 6 month notice period that was not paid by the employees in that period, during some of which she received payments for temporary work from a different employer. The ET, applying Norton Tool and Burlo, did not give … Continue reading Stuart Peters Limited v Bell: EAT 22 Oct 2008
EAT TRANSFER OF UNDERTAKINGS: Acquired rights directive TRANSFER OF UNDERTAKINGS: Varying terms of employment As a matter of construction of TUPE Reg 5(1), a contractual term entitling employees to pay ‘in accordance with collective agreements negotiated from time to time by [the NJC]’ is protected on a TUPE transfer to the private sector so as … Continue reading Alemo-Herron v Parkwood Leisure Ltd: EAT 12 Jan 2009
The court looked at what makes a case decided per incuriam: ‘a case is not decided per incuriam because counsel have not cited all the relevant authorities or referred to this or that rule of court or statutory provision.’ (Lord Denning MR) Judges: Lord Denning MR Citations: [1975] QB 487 Jurisdiction: England and Wales Citing: … Continue reading Miliangos v George Frank (Textiles) Ltd: CA 1975
LT RESTRICTIVE COVENANT – modification – dwellinghouse – covenant not to erect more than one dwellinghouse and garage – application to modify to permit one additional dwelling -whether restriction obsolete – whether proposed use reasonable – whether practical benefits of substantial value or advantage secured by restriction – whether modification would cause injury – application … Continue reading Burt, Re the Ridings: LT 21 Nov 2008
Judges: Swift J Citations: [2007] EWHC 1406 (QB) Links: Bailii Jurisdiction: England and Wales Citing: See Also – AB and others v British Coal Corporation (Department of Trade and Industry) QBD 27-Jun-2007 The parties disputed the effect of the Claims Handling Agreement (CHA) which regulated claims for compensation for respiratory diseases incurred by people working … Continue reading AB and others v British Coal Corporation (Department of Trade and Industry) (Costs): QBD 27 Jun 2007
The parties disputed the effect of the Claims Handling Agreement (CHA) which regulated claims for compensation for respiratory diseases incurred by people working for the defendant as regards the circumstances for claimants with chronic bronchitis. The claimants said that they need only establish having had the disease whilst working at a mine. The DTI said … Continue reading AB and others v British Coal Corporation (Department of Trade and Industry): QBD 27 Jun 2007
Pay protection provisions are commonly adopted, and provided any differential in pay does not continue for too long, they may justify what would otherwise be unlawful indirect discrimination. Judges: Mummery, Smith, Lindsay LJJ Citations: [2008] EWCA Civ 885, [2008] IRLR 776, [2009] ICR 133 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Redcar … Continue reading Redcar and Cleveland Borough Council v Bainbridge and others (‘Bainbridge 1’): CA 29 Jul 2008
LT RESTRICTIVE COVENANT – modification – dwellinghouse – restriction preventing any permanent building or structure to be erected without seller’s consent – application to modify to permit erection of large garden shed – whether restriction obsolete – whether those entitled to benefit of restriction agreed to its modification – whether injury to objectors – application … Continue reading (Un-named): LT 15 Apr 2008
EAT TRANSFER OF UNDERTAKINGSThe principles and approach which a Tribunal should take where there has been a transfer of one service provider’s activities to two or more transferees, and there is disagreement as to whether an employee’s contract is now to be with the transferor or any of the transferees, considered. The Tribunal had decided … Continue reading Kimberley Group Housing Ltd v Hambley and others (UK) Ltd: EAT 25 Apr 2008
EAT Unfair dismissal – CompensationContract of Employment – Written particularsThe Employment Tribunal Chairman wrongly awarded forward loss of earnings to the Claimant who was dismissed 10 minutes before her one month’s notice of resignation took effect. Her loss of earnings in her new job was not attributable to the dismissal. Gover and Ors v Property … Continue reading Ros and Another (T/A Cherry Tree Day Nursery) v Fanstone: EAT 14 Sep 2007
The defendant appealed his convictions for offences relating to the claiming of benefits, saying that he was immune from prosecution as a member of the European Parliament, and that the verdicts were inconsistent with acquittals on other charges. Held: There had been no abuse of process in prosecuting the defendant whilst he was a member … Continue reading Mote v Regina: CACD 21 Dec 2007
Rix LJ considered the restraints operating a party to a contract in exercising any discretion gien under it, preferring the use of the term ‘irrationality’ to ‘unreasonableness’: ‘It is plain from these authorities that a decision-maker’s discretion will be limited, as a matter of necessary implication, by concepts of honesty, good faith, and genuineness, and … Continue reading Socimer International Bank Ltd v Standard Bank London Ltd: CA 22 Feb 2008
The taxpayer company had received compensation for having been excluded from its business premises for a period until a compulsory purchase process failed. It treated the receipt as capital. The revenue said it was income. Held: The court considered how to treat mistakes of law by lower courts.Buxton LJ said: ‘We were assured on all … Continue reading Able (UK) Ltd v Revenue and Customs: CA 22 Nov 2007
The appellant appealed a finding that the respondent had been its employee, saying he was a minister of religion. Held: The judge had been entitled to find an intention to create legal relations, and therefore that the claimant was an employee. ‘The religious beliefs of a community may be such that their manifestation does not … Continue reading The New Testament Church of God v Reverend Stewart: CA 19 Oct 2007
The council appealed against a finding of discrimination under the 1970 Act, saying it was impermissible to use as a comparator somebody found after a job evaluation study to be of a different, but lower grade, but with higher pay. Held: The appeal failed. The Act implemented a European Directive and should be read purposively. … Continue reading Redcar and Cleveland Borough Council v Bainbridge and others: CA 21 Sep 2007
LT COMPENSATION – Compulsory purchase – unused land required for parking – untraceable owner – comparable transaction – compensation awarded andpound;32,500. Citations: [2007] EWLands ACQ – 16 – 2006 Links: Bailii Land Updated: 11 July 2022; Ref: scu.258716
The claimant, now aged four and the son of a famous author, was photographed by use of a long lens, but in a public street. He now sought removal of the photograph from the defendant’s catalogue, and damages for breach of confidence. Held: The claim was struck out. In effect this was an application for … Continue reading Murray v Express Newspapers Plc and Another: ChD 7 Aug 2007
EAT Unfair dismissal – Exclusions including worker/jurisdiction These two appeals consider the circumstances in which contracts will be considered illegal so as to preclude an employee from taking claims for unfair dismissal. In Payne the Employment Tribunal found that there was no illegal contract; in Grace that there was. `The EAT upheld the Payne decision … Continue reading Enfield Technical Services Ltd v Payne; Grace v BF Components Ltd: EAT 25 Jul 2007
LT COMPENSATION – Compulsory Purchase – dwelling house -freeholder in bankruptcy – trustee in bankruptcy disclaiming interest -freehold determined on escheat – absentee first chargee -compensation determined at andpound;6,000 -s5 and Schedule 2 Compulsory Purchase Act 1965 not applicable. Judges: Trott FRICS Citations: [2007] EWLands ACQ – 99 – 2006 Links: Bailii Statutes: Compulsory Purchase … Continue reading Corner and others v Salford City Council: LT 9 May 2007
The court considered what property should be considered in an ancillary relief claim on divorce, and said: ‘To what property does the sharing principle apply? The answer might well have been that it applies only to matrimonial property, namely the property of the parties generated during the marriage otherwise than by external donation; and the … Continue reading Charman v Charman (No 4): CA 24 May 2007
The claimants sought damages and other reliefs after being wrongfully detained by immigration officers for several days, during which they had been detained at a detention centre and left locked up when it burned down, being released only by other inmates. The respondent argued that immigration officers had immunity from suit. Held: Brooke LJ said … Continue reading ID and others v The Home Office (BAIL for Immigration Detainees intervening): CA 27 Jan 2005
The claimant asserted that the 1998 Act created rights between the parties that are in substance though not in form of a contractual nature; and rights to compensation for infringement of those primary rights of a nature that did not previously exist in English domestic law. He said that when the defendant had proceesed information … Continue reading Johnson v The Medical Defence Union: CA 28 Mar 2007
The claimant sought judicial review of a refusal to make an ex gratia payment for his imprisonment whilst successfully resisting extradition proceedings. Terrorist connections had been suggested, but the judge made an explicit finding that at no stage had any evidence been produced. Held: The 1988 Act provided only limited circumstances for a payment, but … Continue reading Raissi, Regina (on the Application of) v Secretary of State for the Home Department: Admn 22 Feb 2007
The claimant was an agent in the petrochemical industry promoting and selling the defendant’s valves. There were two agency agreements, one relating solely to products to be supplied to a particular petro-chemical complex in Nanhai, the other being a general agency agreement under which the claimant was given exclusive rights to represent the defendant and … Continue reading PJ Pipe and Valve Co. Ltd. v Audco India Ltd: QBD 2 Sep 2005
When drawing up accounts where the company faces contingent laibilities and provision has to be made, the principles upon which such provisions are made does not depend upon (Lord Radcliffe) ‘any exact analysis of the legal form of the relevant obligation’ but upon estimates of what in practice is likely to happen.The House noted the … Continue reading Southern Railway of Peru Ltd v Owen: HL 21 Jun 1956
The appellant had been injured in the course of his employment for which the respondents were liable. Sometimes his left leg would gave way beneath him. He was descending a steep staircase without a handrail when the leg collapsed and he tried to jump down the stairs so that he would land in a standing … Continue reading McKew v Holland and Hannan and Cubitts: HL 26 Nov 1969
The claimant had received an overpayment of benefits (Job seeker’s allowance), but then was made bankrupt. He now said that this was a debt in the bankruptcy. Held: It was not. At the date of the bankruptcy order, the possible reclaim was not yet a contingent debt, and he remained liable. There was no contingent … Continue reading Steele, Regina (on the Application of) v Birmingham City Council and The Secretary of State for Work and Pensions: CA 16 Dec 2005
A parent had complained about the closure of a hospital unit which led to his daughter not receiving treatment. The Commissioner in her report commented adversely on the doctors involved. Both doctors and the parent sought judicial review of the report. Held: The appeal succeeded, and a review was granted. The Commissioner’s functions were limited … Continue reading Nicholas Cavanagh Raymond Bhatt Frank Redmond v The Health Service Commissioner: CA 15 Dec 2005
EAT Transfer of Undertakings: Consultation and Other Information; Transfer Practice and Procedure: Appellate Jurisdiction Nature of ‘undertaking’ for the purposes of TUPE: could there be a stable economic entity arising out of work done under contract where the contract could be terminated at will or others brought in to do the work in substitution? Could … Continue reading Balfour Beatty Power Networks Ltd Interserve Industrial Services Ltd v C Wilcox and 6 others A Seymour and 18 others I M Realisation Ltd (In Administration): EAT 2 Nov 2005
The claimants were dependants of Iraqi nationals killed in Iraq. Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The question amounted to whether the officers acted under State Agent Authority within the convention … Continue reading Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence: CA 21 Dec 2005
Judges: Lord Osborne and Lady Cosgrove And Lord Philip Citations: [2005] ScotCS CSIH – 73, 2006 SC 178, [2005] CSIH 73 Links: Bailii, ScotC Citing: Cited – Ocean Leisure Ltd v Westminster City Council LT 31-Dec-2003 LT COMPENSATION – injurious affection – hoardings erected in street during construction works outside shop premises – preliminary issue … Continue reading Logan v Scottish Water: OHCS 1 Nov 2005
EAT Unfair Dismissal Unfair Dismissal – redundancy – unfair selection due to lack of adequate individual consultation – no error of law. Judges: His Honour Judge Peter Clark Citations: [2005] UKEAT 0361 – 05 – 0410, UKEAT/0361/05 Links: Bailii, EAT Cited by: See Also – Knapton and others v ECC Card Clothing Ltd EAT 7-Mar-2006 … Continue reading ECC Card Clothing Ltd v Knapton and Another: EAT 4 Oct 2005
Application was made to join in further parties to support a cross undertaking on being made subject to interim injunctions. Held: On orders other than asset freezing orders it was not open to the court to impose cross-undertakings against parties unwilling to grant them. ‘Since a cross-undertaking cannot be imposed, it follows that a fortiori … Continue reading Smithkline Beecham Plc and others v Apotex Europe Ltd and others: PatC 26 Jul 2005
ECHR Judgment (Merits and Just Satisfaction) – No violation of Art. 5-1-e; Violation of Art. 5-4; Violation of Art. 5-5; No separate issue under Art. 13; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings.The complainant had been subject to detention in a mental hospital. She now complained that there had … Continue reading Kolanis v The United Kingdom: ECHR 21 Jun 2005
The local authority in whose care the deceased child had been held challenged a decision by the coroner not to limit his inquiry to the last few days of the child’s life. The coroner had decided that he had an obligation to conduct a wider enquiry under the 1968 Act. Held: ‘The central question in … Continue reading Plymouth City Council v HM Coroner for the County of Devon and Another: Admn 27 May 2005
Judges: Laddie J Citations: [2004] EWHC 347 (Ch) Links: Bailii Statutes: Data Protection Act 1998 7 Jurisdiction: England and Wales Cited by: See Also – Johnson v Medical Defence Union Ltd ChD 9-Nov-2004 The claimant doctor had sought assistance from the defendant, and having been refused it had sought disclosure of its records about him. … Continue reading Johnson v Medical Defence Union Ltd: ChD 20 Feb 2004
The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial failing and whether it made the proceedings a nullity. Held: The claimant’s appeal failed. … Continue reading Seal v Chief Constable of South Wales Police: HL 4 Jul 2007
The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not invalidate them. Held: The appeal was allowed. The confiscation orders made by the … Continue reading Regina v Soneji and Bullen: HL 21 Jul 2005
The Tribunal had given credit for the full amount of incapacity benefit which the employee had received during the notice period. He appealed on the grounds that it ought not to have done so. There was a conflict of authority on the point in the Tribunal. Judges: The Honourable Mr Justice Burton Citations: [2005] UKEAT … Continue reading Morgans v Alpha Plus Security Ltd: EAT 17 Jan 2005
Tenants occupied land next to land which was to be developed after compulsory acquisition. The tenants and the landlords asserted a right of light over the land, and sought an injunction to prevent the development. The developer denied that any right of light had been acquired. The sky contour diagrams projected that the reductions in … Continue reading Midtown Ltd v City of London Real Property Company Ltd: ChD 20 Jan 2005
The claimant doctor had sought assistance from the defendant, and having been refused it had sought disclosure of its records about him. He had been refused access under the 1998 Act, and now sought access under the Civil Procedure Rules. Held: Though his claim still was for wrongful processing under the 1998 Act, that claim … Continue reading Johnson v Medical Defence Union Ltd: ChD 9 Nov 2004
The appellant had taken certain insurance risks on behalf of the respondents, subject to banking indemnities. Disputes arose and were settled under a Tomlin order, which was now itself subject to challenge. Held: The appeal was allowed. The agreement was intended to put the arbitration behind the parties. A commercial contract should be interpreted in … Continue reading Sirius International Insurance Company (Publ) v FAI General Insurance Limited and others: HL 2 Dec 2004
Judges: Laddie J Citations: [2005] EWHC 283 (Ch) Jurisdiction: England and Wales Cited by: Cited – Three Rivers District Council and others v The Governor and Company of the Bank of England ComC 12-Apr-2006 The claimants had pursued compensation over many years from the defendants alleging various kinds of misfeasance in regulating the bank BCCI. … Continue reading IPC Media Ltd v Highbury Leisure Publishing Ltd: ChD 2005
The employee claimed under a bonus clause which ‘contained in a contract of employment in a high earning and competitive activity in which the payment of discretionary bonuses is part of the remuneration structure of employers.’ Held: The damages award wa sreduced. Although the contract did not contain any particular formula or point of reference … Continue reading Cantor Fitzgerald International v Horkulak: CA 14 Oct 2004
The appellant sought to enforce a international arbitration award against the respondent. The award was made under an arrangement which later became unlawful on Romania’s accession to the EU, and Romania obtained s stay pending resolution by the CJEU. Held: The stay was lifted. Judges: Lady Hale, Lord Reed, Lord Hodge, Lord Lloyd-Jones, Lord Sales … Continue reading Micula and Others v Romania: SC 19 Feb 2020
In a boundary dispute, the judge had found a boundary, locating it by reference to physical features not mentioned in the unambigous conveyance. Held: The judge had reiterated but not relied upon the statement as to the subjective views of the parties as to the position of the boundary. The plans did not show the … Continue reading Pennock and Another v Hodgson: CA 27 Jul 2010
The EAT considered the effect of the receipt of benefits during a period of sickness when calculating loss of earnings, and whether a hearing was properly conducted without the presence of the parties. Held: There is no procedural irregularity in the Tribunal members holding a meeting in the absence of the parties for the purposes … Continue reading Puglia v C James and Sons: EAT 24 Oct 1995
The claimants had entered into an agreement with the defendant house-builder for the development of a site which the claimants had recently acquired. The structure of the agreement was that the developer would obtain planning permission and, under licence from the owner, would construct a mixed residential and commercial development and sell the properties on … Continue reading Chartbrook Ltd v Persimmon Homes Ltd and Another: ChD 2 Mar 2007
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015
ECJ A beer supply agreement is prohibited by Article 85(1) of the EEC Treaty if two cumulative conditions are met. The first is that, having regard to the economic and legal context of the agreement at issue, it is difficult for competitors who could enter the market or increase their market share to gain access … Continue reading Stergios Delimitis v Henninger Brau AG: ECJ 28 Feb 1991
Judges: Langley J Citations: [2000] EWHC 212 (Comm) Links: Bailii Cited by: See Also – Amoco (Uk) Exploration Company v British American Offshore Ltd ComC 16-Nov-2001 . .Cited – Three Rivers District Council and others v The Governor and Company of the Bank of England ComC 12-Apr-2006 The claimants had pursued compensation over many years … Continue reading Amoco (UK) Exploration Company and others v British American Offshore Ltd: ComC 12 Dec 2000
The Claimant was a child who would have been dependant on his deceased young mother only until adulthood. When the trial took place the infant Plaintiff was 11.5 with a dependency until the age of 18. As the multiplier calculated as at the date of death was 12 there was only one half of a … Continue reading Corbett v Barking Havering and Brentwood Health Authority: CA 1991
The defendant local authority had licenced houses to a housing trust, which in turn granted sub-licences to the claimants who were applicants for housing under homelessness provisions, and who now asserted that they became secure tenants of the authority once the trusts licence was revoked. Held: The properties were short life properties, being scheduled for … Continue reading Kay, Gorman, etc v London Borough of Lambeth, London and Quadrant Housing Trust: CA 20 Jul 2004
The claimant sought damages following his dismissal to include a sum to reflect the manner of his dismissal and the distress caused. Held: The remarks of Lord Hoffmann in Johnson -v- Unysis were obiter. The court could not, under the section, include any element for a non-financial loss, such as injury to feelings arising from … Continue reading Dunnachie v Kingston-upon-Hull City Council: HL 15 Jul 2004
The claimant, having not accepted an offer to make amends, wanted to proceed to a jury trial. To be permitted to do so, he had to seek to establish that the defendants ‘knew or had reason to believe that the statement complained of . . was both false and defamatory of [him]’ Held: The appeal … Continue reading Milne v Express Newspapers: CA 28 May 2004
Mr Sharp was the local land registrar with statutory duty to maintain the local registry, issuing certificates in response to search requests. A clerk who had been seconded by another Council to assist him negligently issued an inaccurate certificate to a prospective purchaser of land, omitting any reference to a claim to reimbursement of compensation … Continue reading Ministry of Housing and Local Government v Sharp: CA 1970
The claimant had been awarded damages for sex discrimination, including a sum of andpound;25,000 for injury to feelings. The respondent appealed. Held: The Court of Appeal looked to see whether there had been an error of law in the employment tribunal decision. It did not look to see whether the Employment Appeal Tribunal had erred … Continue reading Vento v The Chief Constable of West Yorkshire Police (No 2): CA 20 Dec 2002
The four applicants had been abused by their stepfather, and sought investigation of the local authority for failing to protect them. They had been compensated by the Criminal Injuries Compensation Authority in part, but now sought a remedy from the local authority ombudsman who denied jurisdiction. Held: Social services should have been aware of the … Continue reading E and Others v The United Kingdom: ECHR 26 Nov 2002
TRANSFER OF UNDERTAKINGS The claimant worked for a micro-business which was transferred by its sole owner to a company formed by another employee of that business. Following the transfer, and the transferee proposing changes to the terms of employment, the claimant resigned. She complained of a failure by the transferor to comply with TUPE 2006 … Continue reading Clark v Middleton and Another (Transfer of Undertakings): EAT 21 Oct 2021
The claimant who was Dutch, was a widow of a fisherman who had died at sea. The question on appeal was ‘in assessing damages for loss of dependency should benefits resulting from the loss be deducted from the damages?’ The claimant’s position under Dutch law was different, with all benefits deducted from any compensation awarded. … Continue reading Roerig v Valiant Trawlers Ltd: CA 28 Jan 2002
Action was brought by the Council in respect of an alleged statutory nuisance caused by flooding. Under section 94 of the 1875 Act they could serve an abatement notice on the person by whose ‘act default or sufferance’ the nuisance had arisen. The authority argued that the nuisance had arisen by the ‘default’ of the … Continue reading Clayton v Sale Urban District Council: 1926
The Court was asked whether and in what circumstances a lower court may follow a decision of the Privy Council which has reached a different conclusion from that of the House of Lords (or the Supreme Court or Court of Appeal) on an earlier occasion. Held: The court set out the position in law and … Continue reading Willers v Joyce and Another (Re: Gubay (Deceased) No 2): SC 20 Jul 2016
The householder sought compensation under the Act, for the disturbance in the laying of a drain in the highway abutting the claimant’s house and furniture shop. Because of the constraints of the work site, excavated soil had been thrown up against the house and shop, with the result that access to the property (particularly for … Continue reading Lingke v Christchurch Corporation: CA 1912
A watercourse became silted by natural causes and the local authority served an abatement notice on the landowner, who failed to respond, and when prosecuted relied on a proviso which excluded from liability ‘any person other than the person by whose act or default the nuisance arises or continues.’ Held: Absent any relevant legal duty … Continue reading Neath Rural District Council v Williams: QBD 1951
A law permitted local authorities to oblige landowners to transfer hunting rights over private land to approved hunting associations. The landowners could not prevent hunting on their property. Landowners so affected were made members automatically of the hunting association so that they could now hunt over other land also subject to the same new access … Continue reading Chassagnou and Others v France: ECHR 29 Apr 1999
Hudoc Sweden – communication, without the patient’s consent, of personal and confidential medical data by one public authority to another and lack of possibility for patient, prior to the measure, to challenge it before a court (Secrecy Act 1980 and Industrial Injury Insurance Act 1976)The applicant having sustained an injury objected to disclosure of medical … Continue reading MS v Sweden: ECHR 27 Aug 1997
