Results: 93

• Nagarajan v London Regional Transport

  07 Nov 1997 [1997] EWCA Civ 2671; [1998] IRLR 73, CA

  15 Jul 1999 [2000] 1 AC 501; [1999] 3 WLR 425; [1999] ICR 877; [1999] 4 All ER 65, HL(E)

  Subsequent considerations : 8 positive; 4 neutral; 1 negative. Subsequent citations: 98.
  DISCRIMINATION — Race — Employment
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  Case index catchwords

  DISCRIMINATION — Race — Employment — Victimisation — Applicant having brought previous race discrimination proceedings against employer unsuccessfully applying for position — Interviewers aware of previous proceedings — Whether necessary to show consciously motivated by knowledge of previous proceedings — Whether interviewing and assessment of candidates “arrangements for the purpose of determining who should be offered … employment” — Race Relations Act 1976, ss 2(1), 4(1)(a)

  5 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• In re Park Air Services Plc (Christopher Moran Holdings Ltd v Bairstow)

  09 Feb 1996 [1996] 1 WLR 649, Ch D

  01 May 1997 [1997] 1 WLR 1376; [1997] 3 All ER 193, CA

  25 Mar 1998 (pet all) [2000] 2 AC 172; [1998] 1 WLR 681; [1999] 2 WLR 396; [1999] 1 All ER 673, HL(E)

  Subsequent considerations : 2 neutral. Subsequent citations: 21.
  INSOLVENCY — Winding up — Disclaimer of lease
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  Case index catchwords

  INSOLVENCY — Winding up — Disclaimer of lease — Solvent company entering into members' voluntary winding up — Liquidators disclaiming lease — Ascertainment of extent of loss or damage sustained by landlord in consequence of disclaimer — Whether discount for early payment applicable to amount proved for by landlord — Whether landlord providing for future rent — Insolvency Act 1986, s 178(6) — Insolvency Rules 1986, r 1113

  6 Case(s) considered

  3 Statutes considered

  2 Statutory Instruments considered
• Jameson v Central Electricity Generating Board

  13 Feb 1997 (Babcock Energy Ltd (Third Party)) [1998] QB 323; [1997] 3 WLR 151; [1997] 4 All ER 38; [1997] PIQR Q89; The Times, 25 February 1997, CA (Nourse and Auld LJJ and Sir Patrick Russell)

  16 Dec 1998 [2000] 1 AC 455; [1999] 2 WLR 141; [1999] 1 All ER 193; [1999] 1 Lloyd's Rep 573; [1999] PIQR Q81; The Times, 17 December 1998, HL(E) (Lord Browne-Wilkinson, Lord Lloyd of Berwick, Lord Hoffmann, Lord Hope of Craighead and Lord Clyde)

  Subsequent considerations : 3 negative. Subsequent citations: 37.
  TORT — Joint tortfeasors — Concurrent tortfeasors
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  Case index catchwords

  TORT — Joint tortfeasors — Concurrent tortfeasors — Contribution — Plaintiff agreeing “full and final” settlement of personal injury claim against one tortfeasor — Settlement less than full value of claim — Plaintiff's widow bringing dependency claim against concurrent tortfeasor — Whether settlement satisfying claim against concurrent tortfeasor — Whether bar to dependency claim — Whether concurrent tortfeasor entitled to seek contribution — Fatal Accidents Act 1976 (c. 30), s. 1(1) (as substituted by Administration of Justice Act 1982 (c. 53), s. 3(1)) — Civil Liability (Contribution) Act 1978 (c. 47), ss. 1, 7

  TORT — Joint tortfeasors — Concurrent tortfeasors — Contribution — Plaintiff agreeing “full and final” settlement of personal injury claim against one tortfeasor — Settlement less than full value of claim — Plaintiff's widow bringing dependency claim against concurrent tortfeasor — Whether settlement satisfying claim against concurrent tortfeasor — Whether bar to dependency claim — Fatal Accidents Act 1976 (c. 30), s. 1(1) (as substituted by Administration of Justice Act 1982 (c. 53), s. 3(1))

  2 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

• R v Secretary of State for Transport, Ex p Factortame Ltd (No 5)

  31 Jul 1997 [1998] 1 All ER 736; [1998] 1 CMLR 1353; The Times, 11 September 1997; [1997] Eu LR 475, DC

  08 Apr 1998 [1999] 2 All ER 640; [1998] 3 CMLR 192; The Times, 28 April 1998; [1998] EuLR 456, CA

  28 Oct 1999 [2000] 1 AC 524; [1999] 3 WLR 1062; [1999] 4 All ER 906; [1999] 3 CMLR 597, HL(E)

  Subsequent citations: 46.
  EUROPEAN COMMUNITY — Breach of Community law — Damages
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  EUROPEAN COMMUNITY — Breach of Community law — Damages — United Kingdom enacting legislation imposing new conditions of registration of fishing vessels based on British nationality — Applicants unable to register vessels because of inability to fulfil conditions — Legislation declared incompatible with Community law — Whether breach of Community law sufficiently serious to entitle applicants to damages for loss attributable to legislation

  2 Case(s) considered
• Thomas v Baptiste

  17 Mar 1999 [2000] 2 AC 1; [1999] 3 WLR 249, PC

  Subsequent considerations : 3 positive; 1 neutral; 3 negative. Subsequent citations: 32.
  CONSTITUTION — Trinidad and Tobago — Constitution
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  CONSTITUTION — Trinidad and Tobago — Constitution — Human rights and fundamental freedoms — Individual's right not to be deprived of life except by “due process of law” — Execution of death penalty for murder — Government ratifying international convention permitting access to international bodies — Government issuing instructions prescribing time limits for applications to international bodies — Whether instructions lawful — Whether carrying out death sentences before determination of international body infringing constitutional right to due process — Whether legitimate expectation not to be executed before petitions finally determined — Whether delay rendering carrying out of death sentence unconstitutional — Whether prison conditions constituting cruel and unusual treatment — Judge in constitutional proceedings ordering death sentence to be vacated — Whether death sentence properly restored by appellate court — Constitution of the Republic of Trinidad and Tobago Act, Sch, ss 4(a), 5(2)(b), 14(1)(2)

  5 Case(s) considered

  1 Words & Phrases considered

  1 Overseas Enactment considered
• Barrett v Morgan

  30 Jun 1998 [1999] 1 WLR 1109; [1998] 4 All ER 179, CA

  27 Jan 2000 [2000] 2 AC 264; [2000] 2 WLR 284; [2000] 1 All ER 481, HL(E)

  Subsequent considerations : 1 positive. Subsequent citations: 9.
  AGRICULTURAL HOLDING — Notice to quit — Validity
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  Case index catchwords

  AGRICULTURAL HOLDING — Notice to quit — Validity — Effect on subtenancy — Head landlord serving notice to quit — Agreement by tenant not to serve counter-notice — Head landlord seeking order for possession against subtenant — Whether notice to quit effective to determine subtenancy — Whether arrangement amounting to surrender of lease — Agricultural Holdings Act 1986, s 26(1)

  6 Case(s) considered

  2 Statutes considered
• R v Z (Prior Acquittal)

  22 Jun 2000 [2000] 2 AC 483; [2000] 3 WLR 117; [2000] 3 All ER 385; [2000] 2 Cr App R 281, HL(E)

  Subsequent considerations : 1 positive. Subsequent citations: 29.
  CRIME — Evidence — Similar facts
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  CRIME — Evidence — Similar facts — Trial for rape — Defendant charged with rape on four previous occasions — Trials resulting in acquittals on three occasions — Whether evidence of complainants in relation to previous acquittals admissible to negate victim's consent or defendant's belief in her consent — Whether admission infringement of rule against double jeopardy

  5 Case(s) considered
• R v Bow Street Metropolitan Stipendiary Magistrate, Ex p Pinochet Ugarte (No 2)

  15 Jan 1999 [2000] 1 AC 119; [1999] 2 WLR 272; [1999] 1 All ER 577, HL(E)

  Subsequent considerations : 3 positive; 3 neutral; 1 negative. Subsequent citations: 85.
  NATURAL JUSTICE — Bias — Judge in own cause
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  Case index catchwords

  NATURAL JUSTICE — Bias — Judge in own cause — Request for extradition of former head of state for human rights crimes — Applicant claiming immunity — Human rights body joined as party to proceedings — Judge unpaid director and chairman of charity closely linked to human rights body — Connection not disclosed to parties — Whether judge automatically disqualified — Whether appearance of bias

  3 Case(s) considered

• Burton v Camden London Borough Council

  17 Feb 2000 [2000] 2 AC 399; [2000] 2 WLR 427; [2000] 1 All ER 943; [2000] LGR 289, HL(E)

  Subsequent citations: 4.
  HOUSING — Secure tenancy — Assignment
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  Case index catchwords

  HOUSING — Secure tenancy — Assignment — Plaintiff with secure joint tenancy of flat — Landlord refusing to grant sole tenancy to plaintiff on service of notice to quit by joint tenant — Deed executed by joint tenant releasing interest to plaintiff — Whether effective to vest sole tenancy in plaintiff — Whether breach of provision against assignment of tenancy — Housing Act 1985, s 91(1)

  1 Case considered

  1 Statute considered
• Ingram v Inland Revenue Comrs

  Subsequent considerations : 1 neutral. Subsequent citations: 5.
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  1 Statute considered