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28 Apr 2010, 1:48 am by sally
Regina v Upper Bay Ltd Court of Appeal (Criminal Division) “A parent’s duty to supervise his child and an employer’s duty to conduct its undertaking so that users were not exposed to health or safety risks were concurrent duties so that if the child suffered harm the breach of parental duty did not absolve an employer from responsibility. [read post]
17 Jun 2009, 2:10 am
Szuluk v United Kingdom (Application No 36936/05) European Court of Human Rights “In a unanimous judgment, the European Court of Human Rights held that monitoring, by the prison authorities of medical correspondence between a convicted prisoner and his external specialist doctor, violated the prisoner's right for respect for his correspondence, as guaranteed by article 8 of the [...] [read post]
9 Jul 2009, 2:25 am
Hartlepool Borough Council v Llewellyn and Others Employment Appeal   Tribunal “Male colleagues of female equal pay claimants were entitled to bring ‘piggyback’ claims using the female claimants as comparators and were able to recover sums equivalent to those awarded to successful comparators by way of arrears. [read post]
8 Oct 2009, 1:51 am
Vicente Pereda v Madrid Movilidad SA; Case C-277/08 Court of Justice of the European Communities “National provisions or collective agreements which provided that a worker who was sick during a period of scheduled annual leave did not have the right, after his recovery, to take his annual leave at another time were unlawful. [read post]
19 Feb 2010, 1:33 am by sally
Ali and Another v Birmingham City Council Supreme Court “The provision of social welfare benefits, such as accommodation for the homeless, which were dependent on upon a series of evaluative judgments by the responsible authority as to whether the statutory criteria were satisfied and how a claimant’s need ought to be met, did not involve a determination of the claimant’s civil rights within the meaning of article 6.1 of the European Convention on Human Rights. [read post]
26 May 2009, 2:52 am
McConkey and Another v Simon Community Northern Ireland House of Lords “An employer in Northern Ireland could refuse to employ a person on the ground of his having supported the use of violence for political ends connected with the affairs of Northern Ireland even if the job-seeker had since repudiated such views. [read post]
30 Dec 2010, 3:00 am by Doug Austin
The holiday week look back at cases concludes with Crispin v. [read post]
5 Jan 2010, 1:48 am by sally
Regina (Morris) v Newport City Council Queen’s Bench Division “The introduction by the local authority of an age limit on taxi cabs in Newport, so as to prohibit cabs more than 12 years old, was flawed. [read post]
7 Jan 2010, 3:48 am by sally
Iqbal v Prison Officers Association Court of Appeal “A prisoner whose daily routine of leaving his cell for the purpose of working, exercise and health care was disrupted by unlawful strike action by prison officers, resulting in the prisoner being confined to his cell, did not have a claim for false imprisonment against the officers. [read post]
28 Apr 2009, 1:45 am
British Airways plc v Williams and Others Court of Appeal “An airline which based its paid annual leave rate for pilots on their basic salary rather than on what they might be expected actually to earn, including supplements, was not in breach of the statutory holiday pay requirements. [read post]
9 Feb 2009, 1:58 am
ZT (Kosovo) v Secretary of State for the Home Department House of Lords “When a claim for asylum had been rejected as clearly unfounded under section 94(2) of the Nationality, Immigration and Asylum Act 2002, and the claimant made further submissions, the Secretary of State for the Home Department had to consider whether those further submissions created [...] [read post]
7 Aug 2009, 1:33 am
Regina v Cooper (Gary Anthony) House of Lords “An irrational fear preventing the free exercise of choice by B was sufficient to make criminal A's sexual touching of B who was unable to refuse through a mental disorder. [read post]
15 Jul 2009, 2:43 am
Alexis v Newham London Borough Council Queen’s Bench Division “A local authority owed a duty of care to its teachers to take such precautions as were reasonable to prevent or minimise the risk of injury that might occur as a result of mischievous or malicious behaviour on the part of pupils. [read post]
20 Mar 2009, 3:04 am
Gargett v Lambeth London Borough Council Court of Appeal “An applicant who had been in receipt of income and housing benefit and had been paid her housing costs had not been deprived of the right to seek discretionary housing payments for arrears of unpaid increased rent on the ground she had already received her housing costs [...] [read post]
12 May 2009, 2:04 am
Regina (M) v East Sussex County Council Queen’s Bench Division “The failure by a local authority to amend a child's statement of special educational needs during the year of his transfer between phases of schooling, and to name and specify the type of school was a breach of its statutory obligation. [read post]
16 Jun 2009, 1:17 am
Hanoman v Southwark London Borough Council (No 2) House of Lords “The requirement that a local authority which had delayed processing a right-to-buy claim should deduct from the purchase price the purchasing tenant's rent payments during the period of delay applied where the tenant's rent had been paid for him in the form of housing benefit. [read post]
23 Feb 2009, 1:55 am
Adorian v Commissioner of Police of the Metropolis Court of Appeal “The requirement in section 329 of the Criminal Justice Act 2003 that the court's permission had to be obtained before a convicted offender could bring civil proceedings for trespass to the person was procedural and directory. [read post]
6 Oct 2009, 2:07 am
Gutridge and Others v Sodexo Ltd and Another Court of Appeal “An employee whose employment contract had been transferred under contracting-out arrangements to another employer could not have any greater rights against the transferee than she had against the transferor and although the right to bring proceedings was against the transferee, the right was timelimited to six [...] [read post]
19 May 2009, 4:52 am
Bolsover District Council v Dennis Rye Ltd Court of Appeal “A judge hearing a winding-up petition against a company, when faced with a cross-claim by the company against the petitioner, had to consider only whether the evidence before him was sufficient to satisfy him that the company's cross-claim was not merely arguable but was genuine and serious, [...] [read post]
7 May 2010, 2:31 am by traceydennis
NML Capital Ltd v Republic of Argentina Court of Appeal “An English Court had no jurisdiction to enforce a United States court judgment since there was no treaty between the two countries for the mutual recognition and enforcement of judgments; the appropriate way was to bring an action on the judgment in England to enforce it. [read post]