Results: 7470

• Horkulak v Cantor Fitzgerald International

  31 Jul 2003 [2003] EWHC 1918 (QB); [2004] ICR 697, QBD (Newman J)

  14 Oct 2004 [2004] EWCA Civ 1287; [2005] ICR 402, CA

  Subsequent considerations : 1 neutral; 1 negative; most recently considered: 2022. Subsequent citations: 47.
  EMPLOYMENT — Contract of employment — Breach of contract

  EMPLOYMENT — Contract of employment — Implied term
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  Case index catchwords

  EMPLOYMENT — Contract of employment — Breach of contract — Bonus payable in anticipation of future loyalty — Whether employer obliged to exercise discretion as to payment of bonus — Whether employee entitled to fair and rational bonus assessment — Assessment of bonus following wrongful dismissal

  EMPLOYMENT — Contract of employment — Implied term — Senior manager on high earnings — Campaign of bullying and intimidation by chief executive using foul and abusive language — Whether employer in breach of implied term of trust and confidence

  6 Case(s) considered
• R v S

  [1995] 2 Cr App R 347, CA

  [2002] EWCA Crim 2558; [2003] 1 Cr App R 602, CA

  25 May 2004 [2004] EWCA Crim 1320; [2004] 1 WLR 2940; [2004] 3 All ER 689; [2004] 2 Cr App R 646, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 12.
  CRIME — Court of Appeal (Criminal Division) — Application for leave to appeal to

  CRIME — Evidence — Admissibility

  TRADE MARK — Unauthorised use — Defence
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  Case index catchwords

  CRIME — Court of Appeal (Criminal Division) — Application for leave to appeal to — Judge's refusal to allow part of proceedings to be read in camera — Whether Court of Appeal having jurisdiction to hear appeal against judge's refusal — Criminal Justice Act 1988, s 159(1)

  CRIME — Evidence — Admissibility — Complainant's evidence of indecent touching and more serious forms of sexual abuse committed by defendant — Witness's evidence of recent complaint relating to indecent touching only — Whether recent complaint evidence admissible

  TRADE MARK — Unauthorised use — Defence — Defendant charged with unauthorised use of trade mark — Statutory defence to show reasonable belief that use not infringing — Whether imposing legal or evidential burden on defendant — Whether compatible with Convention right to presumption of innocence — Whether to be read down — Trade Marks Act 1994, s 92(5) — Human Rights Act 1998, Sch 1, Pt I, art 6(2)

  2 Case(s) considered
• Ghaidan v Godin-Mendoza

  05 Nov 2002 [2002] EWCA Civ 1533; [2003] Ch 380; [2003] 2 WLR 478; [2002] 4 All ER 1162; [2003] 1 FLR 468, CA

  21 Jun 2004 [2004] UKHL 30; [2004] 2 AC 557; [2004] 3 WLR 113; [2004] 3 All ER 411; [2004] 2 FLR 600, HL(E)

  Subsequent considerations : 23 positive; 8 neutral; 2 negative; most recently considered: 2021. Subsequent citations: 460.
  LANDLORD AND TENANT — Rent restriction — Death of tenant
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  Case index catchwords

  LANDLORD AND TENANT — Rent restriction — Death of tenant — Man living with tenant in homosexual relationship — Whether living with tenant as “his … wife or husband” — Whether becoming statutory tenant or only entitled to assured tenancy by succession — No reasonable justification for discrimination against same-sex relationships — Whether legislation to be read and given effect in way compatible with Convention rights — Rent Act 1977 (as amended by Housing Act 1980, s 76(1) and Housing Act 1988, s 39(2), Sch 4, paras 2, 3), Sch 1, paras 2(2), 3(1) — Human Rights Act 1998, s 3, Sch 1, Pt I, art 14

  6 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered
• Sandhar v Department of Transport, Environment and the Regions

  05 Nov 2004 [2004] EWCA Civ 1440; [2005] 1 WLR 1632; [2005] RTR 119, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 4.
  HIGHWAY — Duty to maintain highway — Highway authority
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  Case index catchwords

  HIGHWAY — Duty to maintain highway — Highway authority — Formation of ice and accumulation of snow on road — Driver of motor car in fatal accident after losing control of vehicle — Claim for damages — Whether highway authority under statutory duty to prevent formation of ice or remove accumulation of snow — Whether common law duty of care — Highways Act 1980, s 41(1)(1A) (as inserted by Railways and Transport Safety Act 2003, s 111)

  4 Case(s) considered

  1 Statute considered
• In re Supporting Link Ltd

  19 Mar 2004 [2004] EWHC 523 (Ch); [2004] 1 WLR 1549; [2005] 1 All ER 303, Ch D

  Subsequent considerations : 1 positive. Subsequent citations: 2.
  COMPANY — Winding up — Public interest grounds
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  Case index catchwords

  COMPANY — Winding up — Public interest grounds — Secretary of State's petition to wind up company — Director offering undertakings as to future conduct of company's business — Whether undertakings acceptable

• Krotov v Secretary of State for the Home Department

  11 Feb 2004 [2004] EWCA Civ 69; [2004] 1 WLR 1825, CA

  Subsequent citations: 5.
  IMMIGRATION — Asylum — Political opinion
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  Case index catchwords

  IMMIGRATION — Asylum — Political opinion — Russian refusing to perform compulsory military service on grounds of opposition to war in Chechnya — Liable to imprisonment if returned to Russia — Whether entitled to refugee status — Convention and Protocol relating to the Status of Refugees (1951) and (1967), art 1A(2)

  1 Case considered

  1 International Agreement considered

• Dendron GmbH v Regents of the University of California (Boston Scientific Ltd, Part 20 claimant)

  23 Mar 2004 [2004] EWHC 589 (Pat); [2005] 1 WLR 200, Ch D

  Subsequent citations: 5.
  EVIDENCE — Letters of request — Collateral use of evidence
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  Case index catchwords

  EVIDENCE — Letters of request — Collateral use of evidence — Claimant seeking revocation of defendant's patent — Evidence obtained under letters of request served on witnesses abroad — Whether evidence available for collateral use in proceedings in European Patent Office and in courts of other European Union member states and United States — CPR Pt 34 — Council Regulation (EC) No 1206/2001, art 1

  3 Case(s) considered

• Mazur Media Ltd v Mazur Media GmbH

  07 Jul 2004 [2004] EWHC 1566 (Ch); [2004] 1 WLR 2966; [2005] 1 Lloyd's Rep 41, Ch D

  Subsequent citations: 23.
  CONFLICT OF LAWS — Jurisdiction — Stay of foreign proceedings
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  Case index catchwords

  CONFLICT OF LAWS — Jurisdiction — Stay of foreign proceedings — Insolvency proceedings against company in Germany — English court having jurisdiction over contractual claims — Whether power to stay English proceedings — Insolvency Act 1986, s 130(2)

  1 Statute considered
• Green v Governing Body of Victoria Road Primary School

  18 Mar 2003 [2003] ICR 713, EAT

  23 Jan 2004 [2004] EWCA Civ 11; [2004] ICR 684; [2004] 2 All ER 763; [2004] LGR 337, CA

  Subsequent considerations : 1 positive; 3 neutral. Subsequent citations: 5.
  EDUCATION — Teacher — Dismissal
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  Case index catchwords

  EDUCATION — Teacher — Dismissal — Teacher claiming constructively dismissed — Whether governing body and/or local education authority correct respondents to complaint of unfair dismissal — School Standards and Framework Act 1998, Sch 16, para 25 — Education (Modification of Enactments Relating to Employment) Order 1999, art 6

  1 Case considered

  2 Statutes considered

  2 Statutory Instruments considered

• In re Claimants under Loss Relief Group Litigation Order

  [2003] EWHC 3588 (Ch); [2004] STC 594, Ch D

  28 May 2004 [2004] EWCA Civ 680; [2004] STC 1054, CA

  Subsequent citations: 4.
  REVENUE — Corporation tax — Group relief
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  Case index catchwords

  REVENUE — Corporation tax — Group relief — Claims that United Kingdom legislation breached European Union fundamental freedoms — Initial claim for group relief in respect of losses of non-UK loss making companies — Taxpayers bringing proceedings in High Court against Inland Revenue claiming damages and restitution for breaches of EC Treaty — Whether taxpayers required to follow statutory procedure — Whether High Court obliged to entertain claims

  4 Case(s) considered