In claims brought by names alleging deceit against Lloyd’s for the description of the effects of Reinsurance to Close when members joined the claims were struck out for abuse of process. They could and should have been brought in an earlier action by names against Lloyds. Additionally there was no real prospect of establishing deceit because there of the absence of evidence to show that Lloyds knew that the representations made were false and furthermore the claims were time barred as the facts ...
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The Tribunal considered the criteria for granting permission to appeal to the Court of Appeal on a point of law under section 137 (1) of FSMA. Where the Tribunal had upheld the FSA’s conclusion that the firm’s Part IV permission should be cancelled where it had not paid a FOS Award despite having resisted its enforcement in civil proceedings. Such a decision was a determination of fact and was not amenable to appeal under section 137.
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An appeal in a trade mark licensing matter was allowed in part. The licensee claimed damages for misrepresentation and breach of contract against the defendant trade mark owner, where the trade mark owner had purported to terminate the agreement, and it was alleged that the trade mark owner had failed to disclose pre-existing rights which had been granted to a third party. The Court of Appeal dismissed the trade mark owner’s appeal on the termination issue, holding that the trade mark owner’s n ...
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Equal Pay Act - Equal value Equal Pay claims. Whether letters sent to local authority employers by unions prior to the coming into force of the statutory grievance procedures met the requirements of regulation 18 of the Employment Act 2002 (Dispute Resolution) Regulations 2004. If not, whether letters written after the coming into force of the procedures met the requirements of regulation 9 or of paragraph 6 of Schedule 2 to the 2002 Act. Circumstances in which Employment Tribunal’ ...
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Clear Offer to Settle Bill Could be a ‘Special Circumstance’: It was held on an appeal to the Queens Bench Division that a clear without prejudice offer to settle a bill of costs with its client, made in proper time and in proper form, was capable of being a special circumstance that could reverse the statutory presumption under section 70 of the Solicitors Act 1974 that the firm were liable to pay the costs of the detailed assessment proceedings. However, in the instant case, there were no spec ...
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A revocation action was largely successful against a patent for manufacture of a medicament for potentiating the effects of blood pressure reducing agents. The patentee’s own earlier patent anticipated several of the claims of the later one. The same technical effect underlay both the old and new use and the new use was for the same purpose. Merely explaining the mechanism that lay behind the previously described use could not without more give rise to novelty. Further claims of the patent h ...
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Unfair Dismissal - Reasonableness of dismissal Construction of a contact as to whether overtime would be paid for. The Employment Tribunal’s error on this (if based on the written contractual terms, and in the absence of any cogent evidence that those terms had been amplified or varied by practice or further agreement) underpinned its findings as to the fairness of dismissal, purportedly for disobedience to a reasonable instruction, since if overtime was not to be paid for the instruction ...
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Unfair Dismissal - Contributory fault The Claimant was dismissed from her position as a Senior Carer at the Respondent’s Care Home. The dismissal was procedurally and substantially unfair. The Claimant was not made aware of the allegations against her and could not respond to them. There had been no proper investigation or evidence of misconduct. The Employment Tribunal concluded that the dismissal was automatically unfair. It did, however, accept that the r ...
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Unfair Dismissal This is an appeal against Registrar’s Order and considers the effect of Certificate of Correction to ET judgment. There is also discussion of the interrelationship between Rules 3(7) and 3(10) of EAT Rules.
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Contract of Employment Local authority employers attempted to implement single status agreement between COSLA and unions as regards contracts of employment of concierges. Prior contracts included provision whereby they were entitled to a one hour paid lunch break in each 12 hour shift. Employer sought to impose changes including making part of lunch break unpaid. Employees objected and earlier Tribunal had found that there had been no variation of the original contract regard ...
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