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20 Jan 2020, 6:23 am by Brett Holubeck
So, this is not exactly a labor and employment law prediction, but it affects employment law. [read post]
7 Apr 2024, 4:37 pm by INFORRM
There have been no media law hearings for the past fortnight. [read post]
6 Jul 2009, 3:47 am
Ironically, one of the cases that the defendants rely on is Petruska v. [read post]
23 Apr 2010, 2:10 am by traceydennis
British Chiropractic Association v Singh Court of Appeal “A statement, made by a scientific journalist in a newspaper article, that there was ‘not a jot of evidence’ to support claims made by the British Chiropractic Association of certain medical benefits resulting from its members’ treatment of patients, was not an assertion of fact but a statement of opinion. [read post]
19 Jun 2009, 1:25 am
Gray v Thames Trains Ltd and Another House of Lords “A claimant who, as a result of a railway accident caused by the defendants' negligence, suffered post-traumatic stress disorder which led him to kill someone, could not recover damages for loss of earnings following his detention, in prison and in mental hospital, after the killing. [read post]
5 Jan 2010, 1:53 am by sally
Pedro v Secretary of State for Work and Pensions Court of Appeal “In order to maintain the freedom of movement or EC workers, the Department of Work and Pensions was obliged to treat a dependent family member of an EU national, who retained his UK worker status, as living in Great Britain for the dependant’s eligibility for a United Kingdom pension credit. [read post]
10 Jun 2009, 2:05 am
AB and Others v Ministry of Defence Queen’s Bench Division “Claims for compensation by former servicemen in relation to exposure to ionising radiation as a result of nuclear tests carried out in the 1950s were not to be struck out either as time-barred or as having no reasonable prospect of success. [read post]
23 Jul 2009, 2:16 am
Regina (P) v Secretary of State for Justice Court of Appeal “A real and immediate risk to life was required to justify a self-harming young man's request that the State investigate treatment he received while detained in a young offenders institution. [read post]
4 Jun 2009, 1:35 am
Regina (G) v Southwark London Borough Council House of Lords “A local authority's children's services unit could not purport to fulfil its duties to look after a homeless child merely by referring him to the homeless persons unit. [read post]
25 Aug 2009, 1:50 am
Yeong v General Medical Council Queen’s Bench Division “While a doctor's clinical errors or incompetence might be addressed by remedial action to address his areas of weakness, such remedial action was less relevant where the misconduct consisted of engaging in a sexual relationship with a patient. [read post]
14 Apr 2009, 2:37 am
Akhurst v Director of Public Prosecutions Queen’s Bench Divisional Court “University grounds and buildings were not an enclosed area for the purposes of the Vagrancy Act 1824 which referred to any dwelling house, warehouse, coach house, stable or outhouse, enclosed yard, garden or area. [read post]
9 Nov 2009, 1:52 am
Michel v The Queen Privy Council "A defendant’s right to a fair trial was absolute and he was entitled to explain his story, however improbable, without being subjected to the judge’s sarcasm and hostility in the course of doing so. [read post]
11 Jan 2010, 2:54 am by sally
Industrious Ltd v Vincent Employment Appeal Tribunal “An employment tribunal had jurisdiction to determine whether a compromise agreement which satisfied section 203(3) of the Employment Rights Act 1996 and which would otherwise prevent the claimant from pursuing an unfair dismissal claim was unenforceable because of misrepresentation. [read post]
15 Jul 2009, 2:21 am
Lewis and Another v Metropolitan Property Realisations Ltd Court of Appeal “A trustee in bankruptcy had three years from the date of the bankruptcy to get in the full cash consideration for the assignment of the bankrupt's interest in his former matrimonial home, or else the property would re-vest in the bankrupt. [read post]
19 Mar 2009, 2:39 am
King v Serious Fraud Office House of Lords “The crown court's jurisdiction to make a restraint and disclosure order following a request by a foreign prosecutor under the Proceeds of Crime Act 2002 (External Requests and Orders) Order (SI 2005 No 3181) was restricted to property located within England and Wales. [read post]
16 Apr 2009, 2:32 am
Sinclair and Another v Glatt and Others Court of Appeal “A court-appointed receiver could have a lien on the property held in a convict's name even though he had only a bare legal interest in it. [read post]
4 Jan 2010, 2:45 am by sally
Lucasfilm Ltd and Others v Ainsworth and Others Court of Appeal “Plastic toy models of storm trooper helmets featured in the Star Wars films were not sculptures for the purposes of the Copyright Design and Patents Act 1986 and their maker was entitled to a defence under section 51 of that Act on the basis that it was not a copyright infringement to copy an article made to a design. [read post]
4 Jan 2010, 2:48 am by sally
Hammonds LLP (a Firm) v Jones Court of Appeal “‘All partners’ in the context of a clause in a partnership deed dealing with accounts, meant partners at any time during the accounting year to which the particular accounts related, whether or not, by the relevant time, they were still partners in the firm. [read post]
8 Jan 2010, 2:42 am by sally
Miller-Smith v Miller-Smith Court of Appeal “On an application by a separated spouse to order a sale of the matrimonial home in advance of any divorce decree, the court should ask itself whether the issue raised by the application could reasonably be left to be resolved within an application for ancillary relief following divorce. [read post]