Results: 90

• Foster v British Gas Plc

  25 Sep 1986 [1987] ICR 52, IT

  06 Jul 1987 [1987] ICR 904, EAT

  13 May 1988 [1988] ICR 584, CA

  12 Jul 1990 (Case C-188/89); EU:C:1990:313; [1991] 1 QB 405; [1991] 2 WLR 258; [1991] ICR 84; [1990] 3 All ER 897; The Times, 13 July 1990, ECJ

  18 Apr 1991 [1991] 2 AC 306; [1991] 2 WLR 1075; [1991] ICR 463; [1991] 2 All ER 705; [1991] IRLR 268; (1991) 135 SJ 506; The Times, 19 April 1991; The Independent, 19 April 1991, HL(E)

  Subsequent considerations : 6 positive; 4 neutral; 1 negative. Subsequent citations: 68.
  DISCRIMINATION, SEX — Employment — Retirement

  EUROPEAN ECONOMIC COMMUNITY — Council Directive — Implementation

  DISCRIMINATION — Sex — Employment

  EUROPEAN COMMUNITY — Council Directive — Implementation
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  Case index catchwords

  DISCRIMINATION, SEX — Employment — Retirement — British Gas Corporation employees retired on reaching pension age — Different age for men and women — Whether corporation state authority — Whether unlawful discrimination — Council Directive (76/207/EEC), art 5(1)

  EUROPEAN ECONOMIC COMMUNITY — Council Directive — Implementation — Enforcement against member state — Public authority's discrimination against female employees — National legislation not conforming to Directive — Whether nationalised industry state employer — Sex Discrimination Act 1975, s 6(4) — Council Directive (76/207/EEC), art 5(1)

  DISCRIMINATION — Sex — Employment — Retirement — British Gas Corporation employees retired on reaching pension age — Different ages for men and women — Whether corporation state authority — Whether unlawful discrimination — Council Directive (76/207/EEC), art 5(1)

  EUROPEAN COMMUNITY — Council Directive — Implementation — Enforcement against member state — Whether nationalised industry state employer — Council Directive (76/207/EEC), art 5(1)

  7 Case(s) considered

  1 EU Enactment considered

  1 Statute considered
• R v Secretary of State for Transport, Ex p Factortame Ltd (No 2)

  [1989] 2 CMLR 353, CA

  19 Jun 1990 (Case C-213/89); EU:C:1990:257; EU:C:1990:257; [1991] 1 AC 603; [1990] 3 WLR 818; [1991] 1 All ER 70; [1990] 2 Lloyd's Rep 351; The Times, 20 June 1990, ECJ

  11 Oct 1990 [1991] 1 AC 603; [1990] 3 WLR 818; [1991] 1 All ER 70, HL(E)

  Subsequent considerations : 2 positive; 3 neutral; 2 negative. Subsequent citations: 147.
  EUROPEAN COMMUNITY — Fishing rights — Common fisheries policy

  JUDICIAL REVIEW — Crown — Interim injunctive relief
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  Case index catchwords

  EUROPEAN COMMUNITY — Fishing rights — Common fisheries policy — British-registered fishing vessels managed and controlled from Spain — Act and Regulations of 1988 restricting registration as British — Owners' application for judicial review — Contention that Act and Regulations contravening Community law and depriving owners of enforceable Community rights — Interim injunction against Secretary of State restraining enforcement of Act and Regulations — Whether to be granted — European Communities Act 1972, s 2(1)(4) — Merchant Shipping Act 1988, s 14 — EEC Treaty, arts 7, 52, 58, 221

  JUDICIAL REVIEW — Crown — Interim injunctive relief — Application for interim injunction restraining Secretary of State from enforcing provisions of statute and Regulations made thereunder — Applicants' contention that Act and Regulations in conflict with laws of European Community and depriving applicants of enforceable Community rights — Principles on which interlocutory relief to be granted

  7 Case(s) considered

  1 EU Enactment considered

  2 Statutes considered
• Hampshire County Council v Milburn

  10 May 1990 [1991] 1 AC 325; [1990] 2 WLR 1240; [1990] 2 All ER 257; 88 LGR 745; The Times, 11 May 1990, HL(E)

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 16.
  COMMONS — Common land — “Waste land of a manor”
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  Case index catchwords

  COMMONS — Common land — “Waste land of a manor” — Application for deregistration — Waste land severed from manor after registration as common land — Whether land thereupon “ceases to be common land” — Commons Registration Act 1965, ss 13, 22(1)(b) — Commons Registration (General) Regulations 1966, reg 27(1)

  4 Case(s) considered

  4 Words & Phrases considered

  1 Statute considered

  1 Statutory Instrument considered

• Markfaith Investment Ltd v Chiap Hua Flashlights Ltd

  08 Mar 1990 [1991] 2 AC 43; [1990] 2 WLR 1451, PC

  LAND — Hong kong — Land
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  Case index catchwords

  LAND — Hong kong — Land — Lease — Assignment of lease “subject to existing tenancies” — Tenancy agreements for less than three years — Agreements containing options to renew — Agreements unregistered — Whether options binding on purchaser of reversion — Land Registration Ordinance, s 3(2)

  4 Case(s) considered

  2 Words & Phrases considered

  2 Overseas Enactments considered
• Barclays Bank Plc v Kapur

  21 Dec 1988 [1989] ICR 142, EAT

  29 Jun 1989 [1989] ICR 753, CA

  24 Jan 1991 [1991] 2 AC 355; [1991] 2 WLR 401; [1991] ICR 208; [1991] 1 All ER 646; [1991] IRLR 136; The Times, 25 January 1991, HL(E) (Lord Bridge of Harwich, Lord Templeman, Lord Griffiths, Lord Ackner and Lord Lowry)

  Subsequent considerations : 1 neutral; 1 negative; most recently considered: 2022. Subsequent citations: 24.
  DISCRIMINATION, RACE — Employment — Discriminatory act
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  Case index catchwords

  DISCRIMINATION, RACE — Employment — Discriminatory act — Time when act committed — Bank employees' prior service in Africa not to count in calculating pension entitlement — Complaints of unlawful discrimination — Whether complaints presented within three months of act of discrimination — Whether exclusion of prior service “act extending over a period” — Race Relations Act 1976, ss 4(2), 68(1)(7), 78(1)

  7 Case(s) considered

  3 Words & Phrases considered

  1 Statute considered
• Director of Public Prosecutions v P

  27 Jun 1991 [1991] 2 AC 447; [1991] 3 WLR 161; [1991] 3 All ER 337; 93 Cr App R 267; (1992) 156 JP 125; [1992] Crim LR 41; (1991) 141 NLJ 928; The Times, 1 July 1991; The Independent, 28 June 1991, HL(E) (Lord Mackay LC, Lord Keith of Kinkel, Lord Emslie, Lord Templeman and Lord Ackner)

  Subsequent considerations : 4 positive; 4 neutral; 1 negative. Subsequent citations: 51.
  CRIME — Evidence — Corroboration
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  Case index catchwords

  CRIME — Evidence — Corroboration — Similar facts — Defendant charged with rape and incest in respect of two daughters — Evidence of prolonged course of conduct involving use of threats in each case — Whether necessary to show striking similarity — Whether probative value outweighing prejudicial effect

  4 Case(s) considered

• R v Secretary of State for the Home Department, Ex parte Francois (Francois, Ex parte)

  12 Mar 1998 [1991] 1 AC 43; [1999] 1 AC 43; [1998] 2 WLR 530; [1998] 1 All ER 929; [1998] 2 Cr App R (S) 370, HL(E)

  Subsequent citations: 4.
  PRISONS — Prisoners’ rights — Release on licence
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  Case index catchwords

  PRISONS — Prisoners’ rights — Release on licence — Applicant sentenced to term of imprisonment — Subsequently sentenced by different court to further consecutive term — Whether both terms to be aggregated — Criminal Justice Act 1991, ss 33, 51(2)

  1 Case considered

  1 Statute considered
• Smoker v London Fire and Civil Defence Authority (Wood v British Coal Corpn)

  12 Jan 1990 [1991] 2 AC 502; [1991] 2 WLR 422; The Times, 19 January 1990, QBD (Auld J)

  09 Oct 1990 [1991] IRLR 22; The Times, 10 October 1990; The Independent, 18 October 1990, CA

  11 Apr 1991 [1991] 2 AC 502; [1991] 2 WLR 1052; [1991] ICR 449; [1991] ICR 449; [1991] 2 All ER 449; [1991] FCR 44; [1992] PIQR Q39; (1991) 135 SJ 507; The Times, 18 April 1991; The Independent, 12 April 1991, HL(E) (Lord Mackay of Clashfern, Lord Bridge of Harwich, Lord Brandon of Oakbrook, Lord Templeman and Lord Lowry)

  Subsequent considerations : 2 positive. Subsequent citations: 19.
  DAMAGES — Earnings, loss of — Sickness and injury pensions
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  Case index catchwords

  DAMAGES — Earnings, loss of — Sickness and injury pensions — Employee injured in course of employment — Employee participating in pension scheme — Pension payable as result of injury — Whether pension payments deductible from special damages for loss of earnings

  5 Case(s) considered
• Lloyd’s Bank Plc v Rosset

  13 May 1988 [1989] Ch 350; [1988] 3 WLR 1301; [1988] 3 All ER 915, CA

  29 Mar 1990 [1991] 1 AC 107; [1990] 2 WLR 867; [1990] 1 All ER 1111, HL(E)

  Subsequent considerations : 4 positive; 2 neutral. Subsequent citations: 100.
  LAND REGISTRATION — Overriding interest — “Actual occupation”

  TRUSTS — Constructive trust — Joint enterprise
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  Case index catchwords

  LAND REGISTRATION — Overriding interest — “Actual occupation” — Semi-derelict property purchased by husband as matrimonial home with trust moneys — Trustee's requirement that husband be registered as sole proprietor — Bank loan to husband charged on house without wife's knowledge — Wife undertaking renovation work prior to completion — Transfer to husband and charge to bank completed on same date — Registration at later date — Wife's claim of overriding interest having priority over bank's charge — Common intention for wife to have beneficial interest in property alleged — No express agreement — Whether wife's activities in relation to renovation of property sufficient to justify inference of common intention — Relevant date for ascertaining whether interest in registered land protected by actual occupation — Whether date of transfer or creation of legal estate or of registration — Land Registration Act 1925, ss 20(1), 70(1)(g)

  TRUSTS — Constructive trust — Joint enterprise — Property acquired in husband's name as matrimonial home — Intention that wife have beneficial interest — No express agreement — Wife undertaking renovation work — Whether joint venture or intention to occupy as family home sufficient to indicate intentions relating to beneficial ownership

  LAND REGISTRATION — Overriding interest — “Actual occupation” — Semi-derelict property purchased by husband as matrimonial home with trust moneys — Trustee's requirement that husband be registered as sole proprietor — Bank loan to husband charged on house without wife's knowledge — Wife undertaking renovation work prior to completion — Transfer to husband and charge to bank completed on same date — Registration at later date — Wife's claim to overriding interest having priority over bank's charge — Common intention that wife have beneficial interest in property alleged — No express agreement — Whether wife's activities in relation to renovation of property sufficient to justify inference of common intention — Relevant date for ascertaining whether interest in registered land protected by actual occupation — Whether date of transfer or creation of legal estate or of registration — Land Registration Act 1925, ss 20(1), 70(1)(g)

  10 Case(s) considered

  2 Words & Phrases considered

  2 Statutes considered

• Apple Fields Ltd v New Zealand Apple and Pear Marketing Board

  03 Dec 1990 [1991] 1 AC 344; [1991] 2 WLR 129, PC

  RESTRICTIVE PRACTICES — New zealand — Restrictive practices
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  Case index catchwords

  RESTRICTIVE PRACTICES — New zealand — Restrictive practices — Levy — Marketing board under statutory powers imposing levy on certain growers with approval of growers' federation — Whether “arrangement” substantially lessening competition in market — Whether levy exempt from prohibition against restrictive trade practices — Whether lawful — Apple and Pear Marketing Act 1971, s 31 — Commerce Act 1986, ss 27(1), 43(1)

  1 Case considered

  1 Words & Phrases considered

  2 Overseas Enactments considered