The Human Rights Act 1998 gives significant powers to the judiciary to change the interpretation of statutory language from that intended by the Parliament which passed the particular statute if to do so is required to ensure compliance with the European Convention (and it is possible to stretch the language to achieve that). The democratic legitimacy of this is that the Parliament which passed the 1998 Act so decided that courts should operate. In relation to statutes from the Scottish Parliame ...
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There was insufficient evidence that assurances which had been made by one person to another whilst they were living together for a period of 15 years were intended or understood to to create a promise of an interest in the property. Thus no constructive trust or proprietary estoppel arose.
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Local Authority Liable for Defective Inspection of a Highway The appellant local authority appealed against a decision that it was liable for failing to secure that a public highway was not dangerous to traffic, in accordance with the Highways Act 1980. The trial judge found that an inspection that had been carried out from a vehicle that was travelling at 25mph was insufficient because the speed was too fast to allow a proper inspection to be performed. The Court of Appeal held that the trial ...
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Judge Right to Conclude that Mesothelioma Case against Appellant had been Proven The appellant company appealed against a decision that they were liable to the widow of an employee who contracted mesothelioma as a result of exposure to asbestos during 24 years working as a welder. He had been employed by the company for part of 1966-67; other companies who had employed him no longer existed or where unidentifiable. The appellants contended, inter alia, that there was no evidence that his work h ...
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Contract of Employment - Wrongful dismissal The Chairman in error in finding employee had been dismissed. Employer accepted employee’s repudiatory conduct clearly showed an intention not to be bound by contract. Employer’s contract conditional upon references. These were not satisfactory. Contract discharged.
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Unfair Dismissal - Reasonableness of dismissal The criteria for selection of offer of new employment to potentially redundant employees.
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Transfer of Undertakings - Transfer C was employed by R1 but dismissed in contemplation of a transfer of its business to R2. He was awarded compensation for unfair dismissal and discrimination on the grounds of race in a claim against R1 and R2, R2 being liable by virtue of a TUPE transfer. C was never in the actual employment of R2.During the course of a remedies hearing R1 offered to provide an open reference. A reference to C’s satisfaction was not supplied and C brought proceedings alleging ...
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Unfair Dismissal - Exclusions including worker/jurisdiction The claimant, a lorry driver, worked mainly in Austria and Germany, but had a contract of employment with a company registered in England. The contract identified English law as the proper law and sought to confer exclusive jurisdiction on the English courts. The claimant lodged a number of claims in the Employment Tribunal for constructive unfair dismissal, failure to pay holiday pay, unlawful deductions from wages and breach of cont ...
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The Court of Appeal allowed in part Multiplex’s appeal against the decision of Jackson J in a preliminary issue hearing of one of a number of disputes arising out of the steelwork sub-contract. The preliminary issue was whether (as Multiplex argued) Cleveland Bridge (CB) was responsible for carrying out temporary works to support the roof of the stadium under the fixed price Supplement Agreement (entered into between the parties after disputes arose under the steelwork sub-contract), or whether ...
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Ms Murphy, the licensee of a public house, appealed by way of case stated against a decision of the Crown Court to uphold her conviction for offences contrary to the CDPA 1988 s.297, in connection with her screening of live premier league football matches. The matches took place in the United Kingdom and were filmed and originally transmitted from the UK. Ms Murphy subscribed to a licensed Greek broadcaster because it charged less than the licensed UK broadcaster. It was held that the UK was ...
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