The High Court has jurisdiction by way of judicial review over public bodies, but also over inferior courts, including the county court. The issue in Strickland v Preston County Court and Others [2007] EWCA Civ 1132 was the extent to which a judicial review should be permitted. The factual matrix involved a claim against the local authority and police in relation to the death of the claimant's daughter, but the claim was struck out on the basis that the claim form had not been served in a timely ...
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For convictions for Possession Class A and B Drugs, following guilty pleas, the total sentence of 16 weeks' imprisonment suspended for 18 months, together with an order for 150 hours of unpaid work and a six week curfew order, the sentence of imprisonment was set aside. The requirement of unpaid work and the curfew order, would remain.
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The Tribunal found that under s44 of the ICSID Convention, it had power to allow non-parties to submit amicus curiae briefs and considered the criteria under which that power should be exercised.
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Procedural Issues – Nature of Discrimination Claim EAT substituted judgement of ET with regards to jurisdiction and time bar issues in a discrimination case. Held that it was a matter not of discretion as to whether to allow the matter to proceed in relation to allegations preceding 1st April; it was a matter which lent itself only to the conclusion that the allegations were allegations of continuing discrimination. Matter remitted to a differently constituted Tribunal.
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One of the many disputes arising out of the Argentine economic crisis. ICSID found that Argentina had breached its obligations under the relevant Bilateral Investment Treaty in relation to “fair and equitable treatment” and in relation to the “umbrella clase”.
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The Defendant partnership admitted liability for failure to advise the Claimants on the effect that a change made to a lease would have on the rent review clause but the Court held that the act of extricating oneself from a predicament by taking reasonable steps did not break the chain of causation.
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Practice and Procedure - Time for appealing; Appeal against Registrar’s refusal to extend time – Appellant submits that “Abdelghafar approach” requires modification in the light of the introduction of rule 2A (over-riding objective) – Submission rejected.
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Practice and Procedure - 2002 Act and pre-action requirementsThe Employee submitted a claim of discriminatory dismissal. The Employer argued that the Tribunal has no jurisdiction because the statutory grievance procedure was not invoked. Tribunal ruled that there was jurisdiction as the case falls within reg. 6(5) of the 2002 Act which states that the grievance procedures do not apply where the grievance is that the employer has dismissed or is contemplating dismissing the employee. Decision uph ...
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Unfair Dismissal - Constructive dismissalThe Claimant was dismissed for misconduct, namely pretending that he was unfit to return to work when video footage showed that he was not so unfit. The Employment Tribunal found that the dismissal was unfair. The Respondent’s appeal was allowed and the case remitted for rehearing by a fresh Tribunal. The Employment Tribunal had erred in law in:(i) omitting to refer to the full investigatory meeting before suspension and concluding that the Re ...
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Redundancy – Trial PeriodContract of Employment - Sick pay and holiday pay Claimant accepted (with reservations) an offer of alternative employment within s138(1) of the 1996 Act and failed (notwithstanding having legal advisers) to give notice within the 28-day period in accordance with s138(2)/(3). The Employment Tribunal found that there was a “common law” trial period which nevertheless enabled her, after the expiry of the 28-day period, to accept a repudiatory breach by the Appellant ...
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