Holiday Pay. The issue of whether employees on long-term sickleave are entitled to four weeks' statutory paid holiday under the Working Time Regulations 1998 has been referred to the ECJ. The Court of Appeal decided in April 2005 that employees on long-term sick are not entitled to holiday pay whilst absent on long-term sickleave. The appeal to the House of Lords was due to be heard at the end of October, but they have decided to seek guidance from the ECJ due to the complexity of the issues in ...
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C’s claim for damages for breach of contracts relating to the construction of a power station and the failure of foundations was rejected by HHJ Toulmin in the TCC. On appeal to the Court of Appeal, it was held that the burden on an appellant in an appeal against a finding of fact in a complicated technical case by a specialist TCC judge was hard to discharge: the more technical and complicated the facts, the harder the burden. The appeal was dismissed.
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D2 and D3 were owners of land which incorporated a tree, the roots of which were causing damage to C1 and C2's adjacent property. The tree was subject to a Tree Preservation Order and D1 had refused permission to fell the tree. C1 and C2 sought a declaration of their entitlement to fell the tree on the basis that it was necessary for the prevention or abatement of a nuisance within section 198(6)(b) of the Town and Country Planning Act 1990. D1, D2 and D3 maintained that felling could not be ...
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The ECHR awarded €5,000 in respect of non-pecuniary damage to an Applicant after holding that his rights under art 8 of the Convention had been infringed by his child had been taken into public care without his consent and without an order under the relevant domestic legislation. Once orders under the relevant domestic legislation had been made his rights under art 8 were no longer infringed. Restrictions on his contact with the child were also held to have infringed art 8, as the applicant had ...
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Unfair Dismissal - Constructive dismissal
The Respondent employer represented to its recognised trade union representatives that if it were to close its immigration service at Waterloo International Terminal it would consult pursuant to a procedure incorporated in its employee handbook. But instead, following legal advice, it relied on a contractual Mobility Clause. This was a fundamental breach of the ClaimantsÆ contracts, which they accepted as repudiation, and resigned promptly having taken time to allow the Respondent to remedy its ...
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The Claimant Landlord claimed on account service charge payments from the Defendant Tenant and the latter counterclaimed in respect of the Landlord’s failure to carry out roof repairs at the relevant time. The Landlord had not used all reasonable endeavours to repair the roof and should and could have completed the works by the end of 2003. Accordingly The Tenant was entitled to recover damages on its counterclaim equal to the cost of the contributions to the roof repair sought by the Landlord a ...
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In AR proceedings issued by a wife after a separation of seven years, the court found she should not receive shares in a company run by the husband after the separation.
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The Claimant freehold property owners obtained a declaration that their property had the benefit of a right of way acquired by prescription over a track. Aggravated damages were awarded against the Defendant neighbour for interference with a right of way, as his behaviour was intimidatory, unpleasant and malicious.
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Unlawful decision to close two inpatient wards. The decision of the defendant NHS trust to close two inpatient wards in a hospital that it ran was unlawful as the decision had been reached without any public consultation in breach of the Health and Social Care Act 2001 s.11.
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Substitution of parties – CPR Part 19 – not applicable to public law proceedings. Where a party had applied to be substituted as the claimant in proceedings under the Town and Country Planning Act 1990 s.288, the court concluded that CPR Part 19 did not apply to public law proceedings and that the issue of substitution fell to be decided under the court's inherent jurisdiction.
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