Results: 7332

• Inland Revenue Comrs v Ainsworth (Revenue and Customs Comrs v Stringer)

  22 Apr 2005 [2005] EWCA Civ 441; [2005] ICR 1149, CA

  14 Sep 2005 (pet all) [2009] UKHL 31; [2006] ICR 12; [2009] ICR 985; [2009] 4 All ER 1205; [2009] WLR (D) 178, HL(E)

  Subsequent citations: 19.
  EMPLOYMENT — Working time provisions — Paid annual leave
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  EMPLOYMENT — Working time provisions — Paid annual leave — Employee absent from work through sickness — Whether entitled to paid annual leave during period of absence — Whether holiday pay recoverable as unlawful deduction of wages — Employment Rights Act 1996, ss 13, 23, 205(2) — Working Time Regulations 1998, regs 13, 14 (as amended by Working Times (Amendment) Regulations 2001, reg 2), 30

  EMPLOYMENT — Working time provisions — Paid annual leave — Employees absent from work through sickness — Whether entitled to paid annual leave during period of absence — Whether payment for annual leave recoverable as unlawful deduction from wages — Whether “wages” — Employment Rights Act 1996, ss 13, 23, 27(1)(a) — Working Time Regulations 1998, regs 13, 14 (as amended by Working Time (Amendment) Regulations 2001, reg 2), 16, 30

  6 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

  2 Statutory Instruments considered

• In re Cape plc

  07 Jun 2005 [2006] EWHC 1316 (Ch); [2007] Bus LR 109; [2006] 3 All ER 1222; [2007] 2 BCLC 546; The Times, 5 July 2006, Ch D (David Richards J)

  Subsequent citations: 5.
  COMPANY — Scheme of arrangement — Sanction of court
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  COMPANY — Scheme of arrangement — Sanction of court — Companies proposing scheme to provide settlements for asbestos claims over long period of time — Scheme allowing for future amendment of terms — Whether court having jurisdiction to sanction scheme — Whether unlawfully excluding or restricting companies' liability for death or personal injury — Unfair Contract Terms Act 1977, s 2(1) — Companies Act 1985 (as amended by Insolvency Act 1985, s 109(1), Sch 6, para 11), s 425(1)

  2 Case(s) considered

  2 Statutes considered

• R (Kind) v Secretary of State for the Environment, Food and Rural Affairs

  27 Jun 2005 [2005] EWHC 1324 (Admin); [2006] QB 113; [2005] 3 WLR 616; [2005] RTR 333, QBD

  Subsequent citations: 2.
  HIGHWAY — Right of way — Definitive map
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  HIGHWAY — Right of way — Definitive map — Right of way originally shown on map as road used as public path — Reclassification as bridleway — Council subsequently making modification order to show right of way as byway open to all traffic — Defendant refusing to confirm modification order — Whether earlier reclassification as bridleway extinguishing any public vehicular rights — National Parks and Access to the Countryside Act 1949, s 32(4)(b) — Countryside Act 1968, Sch 3, Pt III, paras 9, 10

  HIGHWAY — Right of way — Definitive map — Right of way originally shown on map as road used as public path — Reclassification as bridleway — Council subsequently making modification order to show right of way as byway open to all traffic — Defendants refusing to confirm modification order — Whether earlier reclassification as bridleway extinguishing any public vehicular rights — National Parks and Access to the Countryside Act 1949, s 32(4)(b) — Countryside Act 1968, Sch 3, Pt III, paras 9, 10

  1 Case considered

  1 Statute considered

• R (Cavanagh) v Health Service Comr for England (R (Bhatt) v Health Service Comr for England, R (Redmond) v Health Service Comr for England)

  15 Dec 2005 [2005] EWCA Civ 1578; [2006] 1 WLR 1229; [2006] 3 All ER 543, CA

  Subsequent citations: 2.
  NATIONAL HEALTH SERVICE — Health Service Commissioner — Investigation of complaint
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  NATIONAL HEALTH SERVICE — Health Service Commissioner — Investigation of complaint — Complaint that health service body failed to provide treatment for patient's vitamin deficiency — Health service body in response not questioning need for treatment — Commissioner finding that vitamin deficiency wrongly diagnosed and criticising doctors — Whether investigation exceeding commissioner's powers — Health Service Commissioners Act 1993, ss 3, 11

  1 Case considered

  1 Statute considered
• Gruber v BayWa AG

  20 Jan 2005 (Case C-464/01); EU:C:2005:32; [2006] QB 204; [2006] 2 WLR 205, ECJ

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 14.
  CONFLICT OF LAWS — Jurisdiction under European Convention — Consumer contracts

  EUROPEAN UNION — Brussels Convention — Article 13, first paragraph
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  Case index catchwords

  CONFLICT OF LAWS — Jurisdiction under European Convention — Consumer contracts — Contract for supply of goods partly for private and partly for business purposes — Whether consumer contract — Circumstances to be taken into account by court seised — Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968 (as amended), Pt II, s 4

  EUROPEAN UNION — Brussels Convention — Article 13, first paragraph — Conditions for application — Definition of 'consumer contract' — Purchase of tiles by a farmer for roofing a farm building used partly for private and partly for business purposes

  2 Case(s) considered

  1 International Agreement considered
• Smith Kline Beecham plc v Apotex Europe Ltd

  26 Jul 2005 [2005] EWHC 1655 (Ch); [2006] 1 WLR 872; [2006] 2 All ER 53, Ch D

  23 May 2006 [2006] EWCA Civ 658; [2007] Ch 71; [2006] 3 WLR 1146; [2006] 4 All ER 1078, CA

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 26.
  INJUNCTION — Interlocutory — Undertaking as to damages
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  INJUNCTION — Interlocutory — Undertaking as to damages — Undertaking given to defendants — Whether benefit of undertakings impliedly extending to third parties affiliated to defendants — Whether defendants entitled to claim in restitution — Whether defendants entitled to claim in respect of third party losses — Whether defendants' pleaded claims in estoppel to be struck out — CPR Pt 25 Practice Direction, para 5.1(1)

  13 Case(s) considered

  1 Statutory Instrument considered

• R (W) v Comr of Police of the Metropolis

  20 Jul 2005 [2005] EWHC 1586 (Admin); [2005] 1 WLR 3706; [2005] 3 All ER 749, DC

  11 May 2006 [2006] EWCA Civ 458; [2007] QB 399; [2006] 3 WLR 1098; [2006] 3 All ER 458, CA

  Subsequent citations: 4.
  POLICE — Powers — Dispersal of groups
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  Case index catchwords

  POLICE — Powers — Dispersal of groups — Police Commissioner designating dispersal areas — Officers authorised to remove persons under 16 from areas — Whether power of removal permissive or coercive — Anti-social Behaviour Act 2003, s 30(6)

  POLICE — Powers — Dispersal of groups — Police Commissioner designating dispersal areas — Officers authorised to “remove” persons under 16 — Whether power permissive or coercive — Whether power having effect of curfew — Anti-social Behaviour Act 2003, s 30(6)

  2 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

• Flett v Matheson

  09 Mar 2005 [2005] ICR 1134, EAT

  07 Feb 2006 [2006] EWCA Civ 53; [2006] ICR 673, CA

  EMPLOYMENT — Contract of employment — Apprentice
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  EMPLOYMENT — Contract of employment — Apprentice — Modern apprenticeship agreement — Whether breach by employer giving rise to damages for loss of training — Appropriate notice of termination

  EMPLOYMENT — Contract of employment — Apprentice — Modern apprenticeship agreement — Whether contract of apprenticeship — Whether breach by employer giving rise to claim for damages for loss of training — Employment Tribunals Act 1996, s 42(1)

  6 Case(s) considered

  1 Statute considered

• Connex South Eastern Ltd v Bangs

  27 Jan 2005 [2005] EWCA Civ 14; [2005] ICR 763; [2005] 2 All ER 316, CA

  21 Apr 2005 (pet all) [2005] ICR 1161, HL(E)

  Subsequent citations: 7.
  INDUSTRIAL RELATIONS — Employment Appeal Tribunal — Appeal to
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  INDUSTRIAL RELATIONS — Employment Appeal Tribunal — Appeal to — Appeal solely on ground of unreasonable delay in promulgation of employment tribunal's decision — Whether constituting independent ground of appeal — Whether limitation of appeal to questions of law incompatible with right to fair hearing — Employment Tribunals Act 1996, s 21(1) — Convention for the Protection of Human Rights and Fundamental Freedoms (1953), art 6(1)

  3 Case(s) considered

  1 Statute considered

  1 International Agreement considered
• R (Corner House Research) v Secretary of State for Trade and Industry

  01 Mar 2005 [2005] EWCA Civ 192; [2005] 1 WLR 2600; [2005] 4 All ER 1, CA

  Subsequent considerations : 3 positive; 5 neutral; 2 negative. Subsequent citations: 50.
  COSTS — Order for costs — Protective costs order
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  COSTS — Order for costs — Protective costs order — Claim for judicial review by organisation acting in public interest — Claimant seeking interlocutory order that no order for costs be made against it in any event — Principles on which jurisdiction to make protective costs order to be exercised — Supreme Court Act 1981, s 51 (as substituted by Courts and Legal Services Act 1990, s 4) — CPR, rr 1.1, 1.2, 3.1(2)(m), 44.3

  2 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered