Results: 99

• Marshall v Southampton and South West Hampshire Health Authority (Teaching) (No 2)

  18 Sep 1989 [1990] ICR 6, EAT

  31 Jul 1990 [1991] ICR 136; The Times, 4 September 1990, CA

  02 Aug 1993 (Case C-271/91); EU:C:1993:335; [1994] QB 126; [1993] 3 WLR 1054; [1993] ICR 893; [1993] 4 All ER 586, ECJ

  02 Feb 1994 (Note) [1994] AC 530; [1994] 2 WLR 392; [1994] ICR 242; [1994] 1 All ER 736, HL(E)

  Subsequent considerations : 1 positive; 1 neutral; 3 negative. Subsequent citations: 81.
  DISCRIMINATION, SEX — Employment — Compensation

  DISCRIMINATION — Sex — Employment
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  Case index catchwords

  DISCRIMINATION, SEX — Employment — Compensation — Interest — Award of compensation including sum representing interest — Whether industrial tribunal having power to award interest — Sex Discrimination Act 1975, ss 65, 66 — Council Directive (76/207/EEC), art 6

  DISCRIMINATION — Sex — Employment — Award including interest and exceeding statutory limit in reliance on Community law — Whether national provisions limiting compensation and excluding interest contrary to EEC Directive — Whether Directive directly applicable against authority of member state to override provisions — Sex Discrimination Act 1975, s 65(2) (as amended by Employment Protection Act 1975, Sch 16, Pt IV, para 18 and Employment Protection (Consolidation) Act 1978, Sch 16, para 20(1)) — Council Directive (76/207/EEC), arts 5, 6

  7 Case(s) considered

  1 EU Enactment considered

  1 Statute considered
• Attorney-General for Hong Kong v Reid

  01 Nov 1993 [1994] 1 AC 324; [1993] 3 WLR 1143; [1994] 1 All ER 1, PC

  Subsequent considerations : 2 positive; 1 neutral; 1 negative. Subsequent citations: 47.
  TRUSTS — Constructive trust — Bribe
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  Case index catchwords

  TRUSTS — Constructive trust — Bribe — Payment of bribes to Crown servant — Use of money to purchase property — Whether property held on constructive trust for Crown — New Zealand

  8 Case(s) considered
• Rees v Crane

  14 Feb 1994 [1994] 2 AC 173; [1994] 2 WLR 476; [1994] 1 All ER 833, PC

  Subsequent considerations : 1 negative. Subsequent citations: 12.
  CONSTITUTION — Trinidad and Tobago — Constitution
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  Case index catchwords

  CONSTITUTION — Trinidad and Tobago — Constitution — Judge's removal from office — Allegation of inability to perform functions of office — Chief Justice's decision that judge should not preside in court — Judicial and Legal Service Commission confirming decision — Whether decisions ultra vires — Commission representing to President that question of judge's removal ought to be investigated — Whether judge entitled to be informed of complaints and given opportunity to reply before representation made — Whether decisions of Chief Justice and commission vitiated by bias — Constitution of the Republic of Trinidad and Tobago Act 1976, Sch, ss 4(b), 137

  4 Case(s) considered

  1 Overseas Enactment considered
• Racz v Home Office

  16 Dec 1993 [1994] 2 AC 45; [1994] 2 WLR 23; [1994] 1 All ER 97, HL(E)

  Subsequent considerations : 1 neutral. Subsequent citations: 19.
  PRACTICE — Jury — Right to jury

  TORT — Cause of action — Misfeasance in public office
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  Case index catchwords

  PRACTICE — Jury — Right to jury — Misfeasance in public office — Claim for exemplary damages — Whether discretion to be exercised in favour of trial by jury — Supreme Court Act 1981, s 69(1)(3)

  TORT — Cause of action — Misfeasance in public office — Vicarious liability — Prison officers — Liability of Home Office for officers' wrongful acts

  1 Case considered

  1 Statute considered
• Birmingham City Council v H (A Minor)

  16 Dec 1993 [1994] 2 AC 212; [1994] 2 WLR 31; [1994] 1 All ER 12; 92 LGR 349, HL(E)

  Subsequent considerations : 1 positive. Subsequent citations: 10.
  CHILDREN — Orders with respect to children — Contact order
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  Case index catchwords

  CHILDREN — Orders with respect to children — Contact order — Girl in voluntary care giving birth to son — Mother and son both made subjects of care orders — Local authority seeking order prohibiting mother from having contact with son — Whether welfare of son paramount — Children Act 1989, s 34(1)(2)(3)(4)

  1 Case considered

  1 Statute considered
• Mairs v Haughey

  [1992] STC 495; (1992) 66 TC 273, CA (NI)

  22 Jul 1993 [1994] 1 AC 303; [1993] 3 WLR 393; [1993] 3 All ER 801; [1993] STC 569; (1992) 66 TC 273, HL(NI)

  Subsequent considerations : 1 positive; 2 neutral; 2 negative. Subsequent citations: 7.
  REVENUE — Income tax — Employment
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  Case index catchwords

  REVENUE — Income tax — Employment — Emolument — Non-statutory redundancy scheme — Taxpayer giving up rights under scheme in return for lump sum payment — Whether emolument from employment — Whether inducement to enter into new employment — Income and Corporation Taxes Act 1988, ss 19(1), 131(1)

  10 Case(s) considered

  1 Statute considered
• CIBC Mortgages plc v Pitt

  21 Oct 1993 [1994] 1 AC 200; [1993] 3 WLR 802; [1993] 4 All ER 433, HL(E)

  Subsequent considerations : 2 positive; 1 neutral; 1 negative. Subsequent citations: 27.
  UNDUE INFLUENCE — Actual undue influence — Husband and wife
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  Case index catchwords

  UNDUE INFLUENCE — Actual undue influence — Husband and wife — Husband and wife charging house to secure joint loan — Husband exercising undue influence to procure wife's agreement — Wife told loan for shares purchase — Loan made by lender on remortgage for purported purchase of second home — Lender seeking to enforce charge — Wife challenging validity of charge — Whether charge enforceable

  4 Case(s) considered

• R v Preston (Peter Colin)

  25 May 1984 [1986] RTR 136, CA (Watkins LJ and Boreham J)

  ROAD TRAFFIC — Disqualification — Discretion

  ROAD TRAFFIC — Licence — Endorsement
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  Case index catchwords

  ROAD TRAFFIC — Disqualification — Discretion — Circumstances relating to offender — Whether mitigating circumstances — Whether offender's rehabilitation to be considered

  ROAD TRAFFIC — Licence — Endorsement — “Special reasons” for not endorsing — Hirer of vehicle under hire-purchase selling without informing buyer of hire-purchase agreement — Theft not involving driving on highway or irresponsible or other criminal use — Whether special reasons for not ordering endorsement — Road Traffic Act 1972, s 101(2) (as amended by Transport Act 1981, s 30, Sch 9, Pt I, para 6)

  2 Case(s) considered

  1 Words & Phrases considered
• Giles v Thompson (Devlin v Basilington)

  26 May 1993 [1994] 1 AC 142; [1993] 2 WLR 908; [1993] 3 All ER 321; [1993] RTR 289, HL(E)

  Subsequent considerations : 3 positive; 4 neutral; 1 negative. Subsequent citations: 53.
  INTEREST — Award of damages — Car hire charges

  MAINTENANCE OF SUIT — Champerty — Car hire agreements
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  Case index catchwords

  INTEREST — Award of damages — Car hire charges — Plaintiff's car damaged in accident due to defendant's fault — Car hire agreement providing for payment of hire charges when claim against defendant concluded — Whether plaintiff entitled to interest on amount of hire charges

  MAINTENANCE OF SUIT — Champerty — Car hire agreements — Plaintiffs' cars damaged in accidents due to defendants' fault — Agreements entered into with car hire companies for hire of replacement cars while own being repaired — Companies entitled to pursue actions against defendants in plaintiffs' names — Whether agreements champertous or otherwise unlawful

  1 Case considered
• Hunt v Severs

  12 May 1993 [1993] QB 815; [1993] 3 WLR 558; [1993] 4 All ER 180, CA

  28 Apr 1994 [1994] 2 AC 350; [1994] 2 WLR 602; [1994] 2 All ER 385; [1994] 2 Lloyd's Rep 129, HL(E)

  Subsequent considerations : 5 positive; 5 neutral; 3 negative. Subsequent citations: 60.
  DAMAGES — Personal injuries — Nursing

  EVIDENCE — Fresh evidence — Damages
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  Case index catchwords

  DAMAGES — Personal injuries — Nursing — Plaintiff injured in road traffic accident — Subsequent marriage to tortfeasor — Caring services in part provided by husband — Claim against husband for cost of services — Whether recoverable — Claim for future care and loss of future earnings — Agreed life expectancy of 25 years — Calculation of damages

  EVIDENCE — Fresh evidence — Damages — Personal injuries — Assessment of future care — Plaintiff suffering post trial deterioration — Whether fresh evidence to be admitted

  5 Case(s) considered