The House of Lords has overturned long-standing laws and ruled that ministers of religion are employees for the purposes of the Sex Discrimination Act 1975. Ms Percy, an ordained Church of Scotland minister, had claimed discrimination under the Act but the employment tribunal, Employment Appeal Tribunal and Court of Session all followed existing law and held that she was not an employee. Upholding her appeal, the House of Lords held: - because somebody is an office-holder does not precl ...
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Workplace (Health, Safety & Welfare) Regulations 1992: On the evidence the judge was entitled to conclude that the appellant's injury had been caused by slipping on dust and that there had been a breach of regs. 5 and 12(3) of the Workplace (Health, Safety and Welfare) Regulations 1992.
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While the instruction of experts in family proceedings must be controlled the court should be slow to refuse an application for a second expert opinion in cases such a Non-accidental head injury where certain evidence may be pivotal and by it's nature not easily challenged save for by another expert opinion.
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Provided the conduct in the offence of cheating the public revenue occurred before a gift was made, the requirement in s.74(10) CJA 1988 that a gift was caught if made by D at any time after committing the offence, was satisfied.
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A person who possessed an indecent photograph or pseudo-photograph of a child, did so "with a view to" its being distributed or shown by him or others, contrary to s.1(1)(c) Protection of Children Act 1978, if one of his reasons, but not necessarily the primary reason, for possessing it, was that it would be distributed or shown.
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As the SSHD had failed to give reasons for detention pursuant to immigration powers, following the completion of the applicant’s term of criminal imprisonment, the detention was unlawful. Reasons for detention were only given on the day before the applicant was due to apply for bail pending the determination of his human rights appeal, and the question was whether the applicant’s detention between March and May 2005 was lawful. The Court held that until notified, the applicant could not have kno ...
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Brokers: The broker failed to make a company a co-assured on a policy. Although the policy covered "associated" and "interrelated" companies that did not stretch to parties who were in a purely contractual relationship. There could therefore be no promise such that the company could be the beneficiary of a trust or to benefit as an undisclosed principal.
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Public International: In an award dated December 8, 2000 an ICSID Tribunal found that Egypt had expropriated certain investments of Wena Hotels Ltd. On October 31 2005 the tribunal gave an award interpreting the earlier award, under Article 50(1) of the ICSID Arbitration Rules. This is the first ever decision under Article 50(1).
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Applications under Section 72 of the Arbitration Act 1996. C appointed D to carry out refurbishment works. Works commenced on basis of letter of intent, which referred to the JCT contract. No formal contract was ever executed. C refused D’s applications for extensions of time. D gave notice of arbitration: C submitted that it was not party to any arbitration agreement with D as the terms of the JCT contract were never incorporated. Held that the effect of the letter of intent was to incorporate ...
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Where an asylum seeker (including a minor, as in this case) had the opportunity to make an asylum claim in a third country and had so done, that country was the appropriate country to determine his asylum claim. There was no exception to that rule for unaccompanied minors. The SSHD’s Asylum Policy Instruction on Discretionary Leave did not allow the asylum claims of unaccompanied minors to be substantively decided without regard to Council Regulation 343/2003.
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