The appellants said they had been had been discriminated against on the grounds of their sex by the TUPE Regulations. Their discrimination cases had been dismissed as out of time. Held: The employees’ appeals were dismissed: ‘A statute cannot speak with two different voices at one and the same time. The rule that section 2(4) … Continue reading Powerhouse Retail Ltd and others v Burroughs and others; Preston and others v Wolverhampton Healthcare NHS Trust and others (No 3): HL 8 Mar 2006
The company made selections for redundancy, but failed to give the appellants information about how the scoring system had resulted in the figures allocated. The calculations left their representative unable to challenge them on appeal. The procedure adopted did not follow the statutory rules, but the tribunal had found the dismissals to be fair. The … Continue reading Alexander and Hatherley v Bridgen Enterprises Ltd: EAT 12 Apr 2006
The tax payer had overpaid Advance Corporation Tax under an error of law. It sought repayment. The revenue contended that the claim was time barred. Held: The claim was in restitution, and the limitation period began to run from the date when the claimants discovered their mistake. The appellants had submitted that section 33 of … Continue reading Deutsche Morgan Grenfell Group Plc v Inland Revenue and Another: HL 25 Oct 2006
Foreign Public Law Not Enforceable Here The claimant alleged a conspiracy by the defendants for his overthrow by means of a private coup d’etat. The defendants denied that the court had jurisdiction. The claimants appealed dismissal of their claim to damages. Held: The claims were not justiciable here. Public laws, like penal laws, may not … Continue reading Mbasogo, President of the State of Equatorial Guinea and Another v Logo Ltd and others: CA 23 Oct 2006
The claimants sought damages for damage to property alleging breach of statutory duty. The defendant said that the regulations were made under European not English law, and that the Secretary of State did not have power to make regulations under the . .
Under the Marleasing principle, or principle of conforming interpretation, the domestic court of a member state must interpret its national law so far as possible in the light of the wording and purpose of the Directive in question. However this . .
Akenhead J said: ‘For many years, the Courts of England and Wales have, with regard to interlocutory or interim injunctions, applied the principles and practice laid down in the well-known case of American Cyanamid Co v Ethicon  AC 396. The first question which must be answered is whether there is a serious question to … Continue reading Exel Europe Ltd v University Hospitals Coventry and Another: TCC 21 Dec 2010
Claim a declaration that their exclusion by the Legal Services Commission from a tendering process for the carrying out of publicly funded work in relation to immigration was unlawful.  EWCA Civ 1194,  Eu LR 131 Bailii Public Contracts Regulations 2006 England and Wales Legal Professions, European Updated: 18 January 2022; Ref: scu.425605
Merton applied under Regulation 47H of the Public Contracts Regulations 2006 (as amended) to set aside the automatic suspension that had been in place since the issue of proceedings. The court now gave reasons for lifting the ban. Stuart-Smith J  EWHC 2694 (TCC) Bailii Local Government Updated: 04 January 2022; Ref: scu.552773
Coulson J  EWHC 876 (TCC),  PTSR 1470 Bailii Public Contracts Regulations 2006 England and Wales Administrative Updated: 29 December 2021; Ref: scu.545606
Application to strike out a claim on the ground that the claim form was not served within the prescribed time limit. The claim is a procurement challenge in which the Claimant claims damages and a declaration of ineffectiveness in respect of the award of a contract by the Defendant for the construction of a leisure … Continue reading Heron Bros Ltd v Central Bedfordshire Council: TCC 20 Mar 2015
The claimant firm of solicitors challenged the decision made by the respondent in the award of contracts to provide legal services to the respondent. Held: Sir Robin Jacob, giving the judgment of the Court of Appeal with which the other members agreed, decided not to deal with an argument that modified principles should apply in … Continue reading DWF Llp v Secretary of State for Business Innovation and Skills, Acting On Behalf of The Insolvency Service: CA 8 Jul 2014
The claimant disputed the circumstances of the award of a contract for the clearing of land-mines in Cambodia. Akenhead J  EWHC 87 (TCC),  BLR 229 Bailii Public Contracts Regulations 2006 England and Wales Administrative, Contract Updated: 11 December 2021; Ref: scu.428288
Ramsey J  EWHC 1031 (TCC),  Eu LR 764 Bailii Public Contracts Regulations 2006 18 England and Wales Local Government Updated: 04 December 2021; Ref: scu.432872
The claimant solicitors had failed to submit their tender for a new contract in time. The respondent refused to accept the late submission. The claimant said that the respondent had not directly notified it of the deadline and so failed to meet its obligations under the 2006 Act and European law, and that the refusal … Continue reading Azam and Co v Legal Services Commission: ChD 5 May 2010
The council had put out to tender its insurance requirements. The respondent submitted its bid. The council then withdrew the tender in order to take up membership of a mutual company providing such services created by local authorities in London. The authority argued that the arrangement was exempt under the judgment in Teckal which allowed … Continue reading Brent London Borough Council and Others v Risk Management Partners Ltd: SC 9 Feb 2011
The claimant appealed against rejection of its claim for damages after alleging breach by the respondents of the 2006 Regulations. . .
The claimant said that the council had not complied with the Regulations in its tendering process. . .
The defendant sought to strike out certain parts of the claim against it relating to the tendering process for works on a substantial development. It was said that the defendant had given improper preference for the development of its own site.
The claimant challenged the scheme set out for procurement when making arrangements with a sponsor for establishing a school as an Academy school. . The main ground of challenge was that the procurement did not comply with the Public Contracts . .
The Claimant applied for judicial review of the decision of Winchester City Council to authorise variations to a contract with a developer to build a new mixed retail, residential and transport centre in the heart of Winchester city centre. As a . .
The claimants challenged the procurement methods of the respondent in acquiring land to support a development. The Court considered their standing to bring such proceedings.
Held: Arden LJ’s observations in Chandler (and Richards J’s in . .
The claimant challenged the award of a contract for maintenance services. . .
The claimant challenged a framework agreement proposed by the defendant for the delivery of software application solutions for various national public bodies. . .
Brent appealed from a finding that it had failed when redirecting a contract for insurance and had no power to become a member or participating member of London Authorities Mutual Limited or to make payments or to enter into commitments to make . .
This is an appeal on preliminary points of European Union and domestic law regarding the circumstances in which damages may be recoverable for failure to comply with the requirements of the Public Procurement Directive (Parliament and Council . .
The claimant had tendered for a part in a major nuclear decommissioning project. . .
The claimant said that its tender had been wrongfully excluded from the defendant’s procurement process. . .
Claim for damages – alleged breach of regulations by local council.
Held: Brent had acted in breach of the 2006 Regulations when it abandoned the tender process and awarded the insurance contracts to LAML. Issues of causation and damages were . .
Several local authorities had come together to establish a mutual insurance company. The defendants issued a tender for insurance, and the claimants complained that though their tender had been most advantageous, the defendant had abandoned the . .
Claim that Lewisham’s tendering process was unlawful and in breach of the Regulations. . .
proposed contract for the provision of cleaning services . .
‘Employment’ in context of a sex discrimination claim referred to a current employment contract even in context of there having been a series of repeated contracts of employment. The question was referred to the European Court of Justice. Judges: Lord Slynn of Hadley, Lord Goff of Chieveley Lord Nolan Lord Hope of Craighead Lord Clyde … Continue reading Preston and Others v Wolverhampton Healthcare NHS and Others; Fletcher and Others v Midland Bank Plc: HL 26 Feb 1998
When a university embryologist, the respondent, worked abroad he did not act in any breach of fiduciary duty. He remained under a specific duty to direct his fellow embryologists to work in the interests of the university and not in his own financial interest. When receiving financial reward for work undertaken by other embryologists abroad, … Continue reading Nottingham University v Fishel: QBD 19 Jan 2000
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an employment. However the jurisdiction in sex discrimination cases was wider, extending to those who ‘contract … Continue reading Percy v Church of Scotland Board of National Mission: HL 15 Dec 2005
The court reconsidered the law relating to penalty clauses in contracts. The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raised the issue in relation to two clauses in a substantial commercial contract. The second appeal, ParkingEye Ltd v Beavis, raised the issue at a consumer level, with a separate issue under the … Continue reading Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis: SC 4 Nov 2015
Lloyds Agents Owe Care Duty to Member; no Contract Managing agents conducted the financial affairs of the Lloyds Names belonging to the syndicates under their charge. It was alleged that they managed these affairs with a lack of due careleading to enormous losses. Held: The assumption of responsibility principle enunciated in Hedley is not confined … Continue reading Henderson v Merrett Syndicates Ltd: HL 25 Jul 1994
Challenge to change from Employer Supported Childcare scheme to Tax Free Childcare, and in particular that it would be administered by ational Savings and Investments, saying that as an outside body, that decision should have been dealt with under the 2006 Regulations. Held: The suspension of implementation shold stay: ‘where there is a serious argument, … Continue reading Edenred (UK Group) Ltd, Regina (on The Application of) v HM Treasury and Others: QBD 27 Oct 2014
Challenge to the decision by HM Treasury to use National Savings and Investments to deliver the Government policy of Tax-free Childcare. The claimants said that the 2006 Regulations imposed an obligation to put such contracts out to tender. Held: There had been an original tendering process and the new actions of the respondent could be … Continue reading Edenred (UK Group) Ltd and Another v HM Treasury and Others: SC 1 Jul 2015
The claimant appealed against refusal of its challenge to the manner of implementation by the respondent of a government policy for Tax-Free Child Care. Etherton Ch, Underhill, King LJJ  EWCA Civ 326 Bailii Public Services Regulations 2006, Directive EU No 2004/38 England and Wales Citing: At first instance (1) – Edenred (UK Group) Ltd, … Continue reading Edenred (UK Group) Ltd v HM Treasury and Others: CA 31 Mar 2015
The claimant challenged the means of implementation of the new scheme of tax-free childcare support, saying that the 2006 Regulations should have been applied before the allocation of the administration of the new scheme had been given to the National Savngs and Investments. Held: The MoU between HMRC and NSandI is not a ‘public services … Continue reading Edenred (UK Group) Ltd v Her Majesty’s Treasury and Others: QBD 22 Jan 2015
The Law Society challenged the new contract proposed for legal aid providers, saying that the Unified Contract reserved too great powers to alter its terms unilaterally, and was in breach of the European Directive on standards for public procurement contracts. Held: The contract was invalid. Where amendments to the tender criteria or to the contract … Continue reading The Law Society, Regina (on the Application of) v Legal Services Commission: CA 29 Nov 2007
British Coal had the power to close coal mines once the unions had been consulted. The court gave guidance on the extent of consultation necessary. Held: Fair consultation will involve consultation while consultations are at a formative stage; adequate information on which to respond; adequate time in which to respond and conscientious consideration by an … Continue reading Regina v British Coal Corporation, Ex Parte Price and Others: QBD 28 May 1993
The claimant newspapers complained of the spidering of the web-sites and redistribution of the materials collected by the defendants to its subscribers. The defendants including the Public Relations Consultants Association (PRCA) denied that they needed a licence for the purpose. Held: The members of PRCA required licences from the claimants in order lawfully to receive … Continue reading The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others: ChD 26 Nov 2010
The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones. Held: ‘the present case is concerned with a collection of numerical data . . the individual items of data are not protected by copyright. It follows that the collection … Continue reading Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011
No Frustration of Lease through loss of access The tenant’s access to the premises was closed by the local authority because it passed by a derelict and dangerous building. The tenant argued that its tenancy was frustrated. Held: The lease was not frustrated. The lease had a term of ten years, and the interruption was … Continue reading National Carriers Ltd v Panalpina (Northern) Ltd: HL 11 Dec 1980
The Office sought a declaration that the respondent and other banks were subject to the provisions of the Regulations in their imposition of bank charges to customer accounts, and in particular as to the imposition of penalties or charges for the breach of the overdraft limits. Held: The relevant terms were not exempt from assessment … Continue reading Office of Fair Trading v Abbey National Plc and seven Others: ComC 24 Apr 2008
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
The parties had a joint venture agreement which provided that any dispute was to be referred to an arbitrator from the Ismaili community. The claimant said that this method of appointment became void as a discriminatory provision under the 2003 Regulations. The High Court found the appointment to be outwith the provisions, but this was … Continue reading Jivraj v Hashwani: SC 27 Jul 2011
NHS to make drug available The claimant charity said that drugs (PrEP) prophylactic for AIDS / HIV should be made available by the defendant and through the NHS. The respndent said that the responsibility for preventative medicine for sexual health lay with local authorities. Held: The claim succeeded. NHS England had misdirected itself in law … Continue reading National Aids Trust v National Health Service Commissioning Board (NHS England): Admn 2 Aug 2016
Nature of Confidentiality in Information The appellant plaintiff company had employed the defendant as sales manager. The contract of employment made no provision restricting use of confidential information. He left to set up in competition. The company now sought to prevent him using confidential information for this purpose. Held: The information and the advantage flowing … Continue reading Faccenda Chicken Ltd v Fowler: CA 1986
The claimant telecoms companies objected to a proposed scheme for future licensing of available spectrum. The scheme anticipated a bias in favour of auctioniung such content. It was not agreed whether any challenge to the decision should be by way of appeal to the Competition Appeal Tribunal or by judicial review. The CAT had declined … Continue reading T-Mobile (Uk) Ltd. and Another v Office of Communications: CA 12 Dec 2008
The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; whether time ran from the date of the first breach, whether want of proportionality is … Continue reading Somerville v Scottish Ministers: HL 24 Oct 2007
The House was asked whether an action for unlawful means conspiracy was available against a participant in a missing trader intra-community, or carousel, fraud. The company appealed a finding of liability saying that the VAT Act and Regulations contained the entire regime. Held: Criminal conduct at common law or by statute can constitute unlawful means … Continue reading Total Network Sl v Revenue and Customs: HL 12 Mar 2008
Account taken of circumstances wihout ambiguity The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside. Held: Investors having once assigned their causes of action to the ICS, could not later … Continue reading Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997
The employees asserted unauthorised deductions from their wages. The company appealed against an order re-instating their claims. When employed by the council, the claimants had the right to pay increases in accordance with rates set by national negotiations, and claimed the benefit of increases negotiated after they had been transferred to the appellant. The employer … Continue reading Parkwood Leisure Ltd v Alemo-Herron and 23 Others: CA 29 Jan 2010
Allowance of Stigma Damages The employees claimed damages, saying that the way in which their employer had behaved during their employment had led to continuing losses, ‘stigma damages’ after the termination. Held: It is an implied term of any contract of employment that the employer shall not without reasonable and proper cause conduct itself in … Continue reading Malik v Bank of Credit and Commerce International (BCCI); Mahmud v Bank of Credit and Commerce International: HL 12 Jun 1997
The House was asked whether a contractual provision for interest to run after judgment as well as before in a consumer credit contract led to an unfair relationship. Held: The term was not covered by the Act, and was not unfair under the Regulations. It was by way of a default condition, rather than a … Continue reading Director General of Fair Trading v First National Bank: HL 25 Oct 2001
The European Court had found the UK to have unlawfully treated differently payment of franked dividends between subsidiaries of UK companies according to whether all the UK subsidiaries were themselves UK based, thus prejudicing European subsidiaries, breach of EU Treaty guarantees of freedom of establishment and of movement of capital. The court was now asked … Continue reading Test Claimants In The Franked Investment Income Group Litigation v Inland Revenue: SC 23 May 2012
The lease had been assigned by the claimant to the defendant and on again to a tenant who became insolvent. The landlord had recovered sums said to be due from the claimant who now sought an indemnity from the defendant. The defendant said that the claimant had overpaid, including sums excused by section 17 of … Continue reading Scottish and Newcastle Plc v Raguz: HL 29 Oct 2008
The appellant claimed that the requirement imposed on him to retire from his law firm partnership on attaining 65 was an unlawful discrimination on the grounds of age. Held: The matter was remitted to the Employment tribunal to see whether the fixing of the mandatory retirment age at 65 was a proportionate means of achieving … Continue reading Seldon v Clarkson Wright and Jakes: SC 25 Apr 2012
The claimant complained that the defendant had published on its internet forums comments by posters which were defamatory of it, and which were then made available by the second defendant search engine. The court was asked what responsibility a search engine might have for a defamation pointed to by its results pages. Held: As to … Continue reading Metropolitan International Schools Ltd. (T/A Skillstrain And/Or Train2Game) v Designtechnica Corp (T/A Digital Trends) and Others: QBD 16 Jul 2009
The defendant had been a member of the security services. On becoming employed, and upon leaving, he had agreed to keep secret those matters disclosed to him. He had broken those agreements and was being prosecuted. He sought a decision that the defence that the disclosures had been made by him in the public or … Continue reading Regina v Shayler: HL 21 Mar 2002
Failure to Publish Contracts awards details Challenge to alleged failures by the Secretary of State to comply with procurement law and policy in relation to contracts for goods and services awarded following the onset of the COVID-19 pandemic. Held: The contracts had been awarded under emergency conditions and provisions, but there remained a requirement that … Continue reading Good Law Project Ltd and Others, Regina (on Application of) v Secretary of State for Health and Social Care: Admn 18 Feb 2021
Sympathetic construction of national legislation LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC Directive designed to protect companies and third parties from the adverse effects of the doctrine of nullity. … Continue reading Marleasing SA v La Comercial Internacional de Alimentacion SA: ECJ 13 Nov 1990
NATS had tendered unsuccessfully for a contract to provide air traffic control services at Gatrwick airport, and challenged the award. GAL denied that the Regulations applied and now sought disapplication of the automatic suspension from the award of contracts pending resolution. Held: The automatic suspension under the Regulations should not be lifted. The issue of … Continue reading NATS (Services) Ltd v Gatwick Airport Ltd and Another: TCC 2 Oct 2014
Right of Recovery of Money Paid under Mistake Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap agreements were unlawful. Kleinwort Benson then sought restitution of … Continue reading Kleinwort Benson Ltd v Lincoln City Council etc: HL 29 Jul 1998
Evidence allowed – Care Application after Abuse Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still been been found. Held: A care order could … Continue reading In re H and R (Minors) (Child Sexual Abuse: Standard of Proof): HL 14 Dec 1995
The society had set out to assert that regulations were unlawful in creating a double taxation. It paid money on account of the tax demanded. It won and recovered the sums paid, but the revenue refused to pay any interest accrued on the sums paid. The Society sought to challenge the decision by judicial review. … Continue reading Woolwich Equitable Building Society v Inland Revenue Commissioners (2): HL 20 Jul 1992
Part-time workers claimed that they had been unlawfully excluded from occupational pension schemes because membership was dependent on an employee working a minimum number of hours per week and that that was discriminatory because a considerably . .
The claimant rights holders sought an order to require the defendant broadband internet provider to deny access to its users to websites which were said to facilitate the distribution of infringing copies of their films. An earlier judgment had . .
The illegal activities of bootleggers who had made unauthorised recordings of concerts, diminished the profitability of contracts granting to the plaintiffs the exclusive right to exploit recordings by Elvis Presley.
Held: The defendant’s . .
The claimant pursued Employment Tribunal proceedings against the Immigration Service when his security clearance was withdrawn. The Tribunal allowed the respondent to use a closed material procedure under which it was provided with evidence unseen . .
The parties had been involved in long standing disputes about the procedures in the respondents complaints of race discrimination. The claims had been dismissed, but the Vice-Chancellor then wrote publicly of unfounded unwarranted and excessive . .
Outer House – Healthcare challenged the award of a framework agreement contract to a competitor contractor. . .
The claimant trades union sought to challenge the respondent’s decision to outsource various services, saying they had been in breach of the 2006 Regulations. The respondents said that the Regulations did not apply.
Held: There may be . .
The applicant farmer had substantial volumes of potentially contaminated carcasses on his land. The respondent derogated from the European regulations which would have arranged for the disposal of the carcasses. The respondent challenged the . .
The claimant company said that the Council had failed to meet its duties under the Regulations when awarding contracts for public transport services. . .
Outer House – The pursuer sought an order in terms of the Regulation, setting aside the decision of the defender to award the ‘NP 341/10 Trastuzumab Homecare and Near Patient Treatment Services’ Framework Agreement to BUPA Home Healthcare Ltd. . .
ECJ The principle that men and women should receive equal pay, which is laid down by article 119, is one of the foundations of the community. It may be relied on before the national courts. These courts have a . .
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 . .
EAT Equal pay Act – Out of time
The claimants before the Employment Tribunal alleged that when they were employed by NUPE, that union had breached their rights under the Equal Pay Act in connection with . .
ECJ ETUC-UNICE-CEEP framework agreement Fixed-term work Working conditions Length’of’service allowance Not received due to agreements between staff union and administration Adequate objective grounds.
Europa The right to join an occupational pension scheme, the rules of which were not laid down directly by law but were the result of negotiation between both sides of the industry concerned and all that the . .
The claimant said that he had been indirectly discriminated against on racial grounds. He was dismissed after being elected as a local councillor for the BNP. The employer considered that for Health and Safety reasons, his dismissal was necessary . .
ECJ Law Relating To Undertakings – Failure to fulfil obligations – Directives 93/36/EEC and 93/37/EEC – Public contracts – Award procedure for public supply and public works contracts – Scope – Definition of . .
Approximation Of Laws – Directive 93/37/EEC – Public works contracts – Award of contracts – Right of the contracting authority to choose between the criterion of the lower price and that of the more economically advantageous tender . .
Failure of a Member State to fulfil its obligations – Directive 93/37/EEC – Public works contracts – Negotiated procedure without prior publication of a contract notice . .
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.
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 . .
Lord Justice Diplock: ‘. . the ordinary rule which the courts apply is that contracts should be enforced, pacta sunt servanda, unless they can be brought within that limited category of cases in which, for reasons of public policy, the court refuses . .
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