Infobox Court Case name Castlemaine Tooheys LtdvSouth Australia court High Court of Australia image Australian coat of arms 1912 edit.png date decided 7 February 1990 full name Castlemaine Tooheys LtdvSouth Australia citations http www.austlii.edu.au au cases cth high ct 169clr436.html 1990 169 CLR 436 judges Anthony Mason judge Mason CJ, Gerard Brennan Brennan , William Deane Deane , Daryl Dawson Dawson , John Toohey judge Toohey , Mary Gaudron Gaudron and Michael McHugh McHugh JJ prior actions none subsequent actions none opinions 7 0 If a law is protectionist in nature, but has a non protectionist purpose, the means chosen to attain the non protectionist purpose must be necessary, or appropriate and adapted, and in this case, the higher deposits on non refillable beer bottles was not found to be a proportionate means. small per Mason CJ, Brennan, Deane, Dawson, Gaudron & McHugh JJ small Castlemaine Tooheys LtdvSouth Australia 1990 169 Commonwealth Law Reports CLR 436 is a High Court of Australia case that deals with whether a particular Act of South Australia contravenes Section 92 of the Australian Constitution section 92 of the Constitution of Australia Australian Constitution , which is about the freedom of interstate trade. Background The Beverage Container Act 1975 SA required a mandatory deposit of 5 cents per bottle, which would be refunded when they were returned refillable bottles were exempt from this deposit. A later amendment, the Beverage Container Act Amendment Act 1986 SA subjected non refillable bottles to a refund of 15 cents and refillable bottles to a refund of 4 cents. Further more, the refund for non refillable bottles was to be implemented by retailers, instead of a collection depot. The Bond brewing companies brewed beer outside of South Australia, and they used non refillable bottles as opposed to their South Australian counterparts. Although ... South Australian brewer. The plaintiffs sought a declaration that the laws were invalid ... more details
Taylor v Connex South Eastern Ltd 5.7.2000 Appeal No EAT 1243 99, is a UK labour law case, concerning the TUPE Regulations. Facts Mr Taylor was a chartered accountant, employed as an administrator by the SouthEastern Train Company, a sub division of British Rail . It was privatised and sold to Connex South Eastern Ltd in 1996. In 1997 he got a new job as Deputy Company Secretary, but on his new contract he made amendments, amounting to a counter offer in contract, therefore, according to the EAT, remaining employed under the terms of his old agreement. In 1998 he was given, according to ongoing changes throughout the company, another new contract, which contained clauses that were to his detriment he lost some holiday and redundancy entitlement . He complained, but the company would not budge. They insisted he accept the terms or have three weeks notice. The tribunal found that he was redundant, but that he was dismissed not for this ref ERA 1996 s 163 2 there is a statutory presumption that someone loses their job by reason of redundancy i.e. so that a redudancy payment is available , unless the employer proves otherwise. ref but for some other substantial reason under s 98 of the Employment Rights Act 1996 . He therefore lost his claim for unfair dismissal. He appealed. Judgment The Employment Appeal Tribunal Judge Wilkie QC, Ms J Drake and Mr K M Young CBE held that under r 8 1 now r 7 of the Transfer of Undertakings Protection of Employment Regulations Mr Taylor was actually dismissed in connection with the transfer of the railway from public to private hands. This was so despite the fact that privatisation took place 2 years beforehand. cquote 27 Two years may appear to be a long time but that begs the question what has happened in the two years which may have broken ... employees had accepted it, was a factor, specifically referred to in the Catamaran Cruisers Ltdv ... on the occasion of the transfer from British Rail to Connex South Eastern, then the dismissal of Mr ... more details
Infobox Court Case name Allen v Gold Reefs of West Africa Ltd court Court of Appeal image date decided full name citations 1900 1 Ch 656 judges prior actions subsequent actions opinions Lord Lindley MR transcripts keywords Allen v Gold Reefs of West Africa Ltd 1900 1 Ch 656 is a UK company law case concerning alteration of a company s articles of association. It held that alterations could not be interfered with by the court unless a change was made that was not bona fide for the benefit of the company as a whole. This rule served as a marginal form of minority shareholder protection at common law, before the existence of any unfair prejudice remedy. Facts Gold Reefs articles gave it a first and paramount lien the right to retain possession on all partly paid shares held by any member for any .... Signficance Allen v Gold Reefs of West Africa Ltd 1900 1 Ch 656, inserting a lien on shares fully paid when it only affected one shareholder was valid Brown v British Abrasive Wheel Co 1919 ... v Kershaw, Leese & Co Ltd 1920 1 Ch 154, introducing the right to compulsorily acquire the shares of anybody running a competing business was valid Dafen Tinplate Co Ltdv Llanelly Steel Co 1907 Ltd ... Co Ltdv Heath 1939 61 CLR 457, an amendment to rectify a drafting mistake on the distribution ... as for cash dividends was valid Southern Foundries 1926 Ltdv Shirlaw 1940 AC 701, changing the articles to allow a director to be removed before the end of his term was valid Greenhalgh v Arderne Cinemas Ltd 1951 Ch 286, removing a pre emption right to prevent a minority shareholder buying up shares in a battle for control was valid Rights and Issues Investment Trust Ltdv Stylo Shoes Ltd 1965 Ch ... issue when managers did not take part in the vote was valid Gambotto v WPC Ltd 1995 182 CLR 432, an alteration ... or oppressive Citco Banking Corporation NV v Pusser s Ltd 2007 UKPC 13, an amendment passed by 84 ... shareholder that was contracting with a competitor was invalid Shuttleworth v Cox Bros and Co Maidenhead ... more details
orphan date January 2008 Infobox Court Case name Airlines of New South Wales Pty Ltdv New South Wales No 2 court High Court of Australia image Australian coat of arms 1912 edit.png date decided 3 February 1965 full name Airlines of New South Wales Pty Ltdv New South Wales No 2 citations http www.austlii.edu.au au cases cth high ct 113clr54.html 1965 113 CLR 54 judges Garfield Barwick Barwick CJ, Edward McTiernan McTiernan , Frank Kitto Kitto , Alan Taylor jurist Taylor , Douglas Menzies Menzies , Victor Windeyer Windeyer and William Owen judge Owen JJ prior actions none subsequent actions none opinions 6 1 Air Navigation Regulations 198 and 199 were held to be within power, as they promoted the safety of interstate trade and commerce small Barwick CJ, McTiernan, Kitto, Menzies, Windeyer & Owen JJ Taylor J dissenting small 7 0 Regulation 200B was held to be invalid as it went beyond being a safety measure small Barwick CJ, McTiernan, Kitto, Taylor, Menzies, Windeyer & Owen JJ small Airlines of New South Wales Pty Ltdv New South Wales No 2 1965 113 Commonwealth Law Reports CLR 54 was a High Court of Australia case about the validity of Commonwealth regulations about intrastate air navigation . Although the Commonwealth has the power to regulate wiktionary interstate interstate air navigation under Section 51 i of the Australian Constitution s 51 i of the Constitution, it can only regulate intrastate air navigation under the implied incidental power attached to that head of power ... to by Owen Dixon Dixon CJ in Wragg v State of New South Wales 1953 88 CLR 353, which was quoted ... South Australia v The Commonwealth 1942 65 CLR 373. Furthermore, Barwick CJ reiterated the rejection of the reserved State powers doctrine see Amalgamated Society of Engineers v Adelaide Steamship Co. Ltd. . In this instance, the enactment of State laws will not serve to curtail any Commonwealth ..., Airlines of New South Wales , had applied unsuccessfully for a licence to perform commercial air ... more details
File Southwestv afg province location.svg.png thumb right 500px Location of includes provinces in SouthWestV AFG Bulgarian V AFG is the third division of the Bulgarian football. While first and second are professional, third division is on an amateur level. It is divided into Bulgarian North WestV AFG Bulgarian North East V AFG Bulgarian SouthWestV AFG Bulgarian South East V AFG Current members PFC Belasitsa Petrich Belasitsa Petrich F.C. Chepinets Chepinets F.C. Germanea Germanea PFC Hebar Pazardzhik Hebar Pazardzhik OFC Hebar Pazardzhik OFC Hebar F.C. Kostinbrod Kostinbrod F.C. Levski Elin Pelin Levski Elin Pelin PFC Marek Dupnitsa Marek Dupnitsa F.C. Mesta 2005 Mesta 2005 PFC Minyor Bobov dol Minyor Bobov dol FC Oborishte Panagyurishte Oborishte Panagyurishte F.C. Pirin Razlog Pirin Razlog F.C. Perun Kresna Perun Kresna PFC Rilski Sportist Samokov Rilski Sportist Septemvri Sofia F.C. Strumska slava Strumska slava PFC Velbazhd Kyustendil Velbazhd Kyustendil F.C. Vitosha Bistritsa Vitosha Bistritsa F.C. Vitosha Dolna Dikanya Vitosha Dolna Dikanya Category Bulgarian V AFG So DEFAULTSORT Bulgarian SouthWestV Afg ... more details
File Cuisenaire Rods 2.png thumb Cuisenaire rods give students a hands on ref http www.etacuisenaire.com cuisenairerods 75th sellon.jsp Cuisenaire Rods Come To America ref elementary school way to learn elementary math concepts, such as the four basic arithmetic operations and working with fractions. ref http teachertech.rice.edu Participants silha Lessons exercise2.html Teaching fractions with Cuisenaire rods ref In the early 1950s, Caleb Gattegno popularized this set of colored number rods created by the Belgium Belgian primary school teacher Georges Cuisenaire 1891 1976 , who called the rods r glettes . Overview The educationalists Maria Montessori and Friedrich Froebel ref http www.froebelweb.org web2026.html ref had used rods to represent numbers, but it was Cuisenaire who introduced their use ... called Les nombres en couleurs. Cuisenaire, a violin player, taught music as well as arithmetic in the primary ... led Cuisenaire to experiment in 1931 with a set of ten rods sawed out of wood, with lengths ... around the world. File Cuisenaire staircase.JPG thumb Cuisenaire rods in a staircase arrangement File Cuisenaire ten.JPG thumb Cuisenaire rods used to illustrate the Divisor factors of ten style ... silent way exercises for beginners using cuisenaire rods glenys hanson ref They can be used to demonstrate ... verb tense system a dynamic presentation using the cuisenaire rods glenys hanson ref to represent ... to the creation of stories told by the students as in this video. ref http www.youtube.com watch?v ... reflist External links http www.youtube.com watch?v ae0McT5WYa8&list PLBB2E26B16B96E9F5&feature .... Caleb Gattegno conducting a demonstration lesson with cuisenaire rods In 3 parts on YouTube http perso.wanadoo.fr john.mullen cuisenaire.htm Cuisenaire Rods in the language classroom &ndash article by John Mullen http mathtoybox.com numblox NumBlox.html Online cuisenaire rods NumBlox ... Cuisenaire St bchen es Regletas de Cuisenaire eu Cuisenaire zotzak fr R glettes Cuisenaire he ... more details
Infobox Court Case name ICS LtdvWest Browmwich BS court House of Lords image Fsa 25 the north collonade.gif date decided full name citations 1997 http www.bailii.org uk cases UKHL 1997 28.html UKHL 28 ... Compensation Scheme LtdvWest Bromwich Building Society 1997 http www.bailii.org uk cases UKHL 1997 ... 1997 in the United Kingdom DEFAULTSORT Investors Compensation Scheme LtdVWest Bromwich Building ... Wilberforce in Prenn v Simmonds 1971 1 WLR 1381, 1384 1386 and Reardon Smith Line Ltdv Yngvar ..., for whatever reason, have used the wrong words or syntax. see Mannai Investments Co Ltdv Eagle Star Life Assurance Co Ltd 1997 2 WLR 945 5 The rule that words should be given their natural and ordinary ... Thake v Maurice 1986 QB 644 Rearden Smith Lines Ltdv Hansen Tangan 1976 1 WLR 989 Proforce Recruit Ltdv The Rugby Group Ltd 2008 EWCA Civ 69 Chartbrook Ltdv Persimmon Homes Ltd 2008 EWCA Civ ... proferentem Canada Steamship Lines Ltdv The King 1952 AC 192 Hollier v Rambler Motors AMC Ltd 1972 1 All ER 399 Wallis, Son and Wells v Pratt and Haynes 1911 AC 394 Andrews Bros Bournemouth Ltdv Singer and Co Ltd 1934 1 KB 17 Rutter v Palmer 1922 2 KB 87 Gillespie Bros v Roy Bowles Ltd 1973 1 QB ... to that end. The Raphael 1982 2 Lloyd s Rep 42 Ailsa Crag Fishing Co Ltdv Malvern Fishing Co Ltd 1983 1 WLR 964 Darlington Futures Ltdv Delco Australia Pty Ltd 1987 61 ALJR 76, refused to differentiate. Dorset CC v Southern Felt Roofing Ltd 1989 48 Build LR 96 Schenker & Co Aust Pty Ltdv Malpas Equipment and Services Pty Ltd 1990 VR 834, 846 EE Calendonia Ltdv Orbit Valve Co Europe 1993 4 All ER 165, 173, Hobhouse J The Fiona 1994 2 Lloyd s Rep 506 Shell Chemicals UK Ltdv P&O Roadtanks Ltd 1995 1 Lloyd s Rep 297, 301. Bank of Credit and Commerce International SA v Ali 2001 UKHL 8, Lord Hoffmann ... to remedy a widespread injustice. HIH Casualty and General Insurance Ltdv Chase Manhattan ... Diplock made this point more vigorously when he said in The Antaios Compania Neviera SA v Salen Rederierna ... more details
SCCInfoBox case name R.W.D.S.U., Local 558 v. Pepsi Cola Canada Beverages WestLtd. full case name R.W.D.S.U., Local 558 v. Pepsi Cola Canada Beverages WestLtd. heard date October 31, 2000 decided date January 24, 2002 citations 2002 1 S.C.R. 156, 208 D.L.R. 4th 385, 4 W.W.R. 205, 90 C.R.R. 2d 189, 217 Sask. R. 22 docket 27060 history ruling dismissed ratio SCC 2000 2001 Unanimous McLachlin C.J. and LeBel J. NotParticipating LawsApplied R.W.D.S.U., Local 558 v. Pepsi Cola Canada Beverages WestLtd. , 2002 SCC 8, is a leading Supreme Court of Canada decision on secondary picketing . The Court held that at common law secondary picketing is legal so long as there is no criminal or tortious conduct. Background Employees of PepsiCo , organized by the Retail, Wholesale and Department Store Union , in Saskatchewan went on strike. Unlike many other provinces, Saskatchewan did not have any secondary picketing legislation. So as part of their strike the employees picketed at retail stores that sold Pepsi products and the homes of Pepsi s management. Pepsi successfully applied for an interlocutory injunction to prevent employees from picketing at the secondary locations. The employees appealed the injunction. Ruling The Court recognized picketing as freedom of expression, consistent with section 2 b of the Canadian Charter of Rights and Freedoms . Since the Court found picketing to be ingrained in the Charter, they declined to limit picketing based on location. The Court felt that the limited financial and human resources of labour unions would prevent the unchecked spread of picketing beyond the primary parties, with limited resources they felt it was unlikely the union would picket a location which has no possible impact on their labour dispute. Pepsi had relied primarily on the 1960s decision of Hersees of Woodstock Ltd. v. Goldstein which held that all secondary picketing was illegal. The Supreme Court, however, overturned the decision but expressly forbade the picketing of the management ... more details
Infobox Court Case name Ready Mixed Concrete Ltdv Minister of Pensions court Employment Appeal Tribunal image Large transit mixer.jpg date decided full name citations 1968 2 QB 497 judges prior actions subsequent actions opinions McKenna J transcripts keywords Employee, national insurance Ready Mixed Concrete South East Ltdv Minister of Pensions and National Insurance 1968 2 QB 497 is a UK labour law case concerning the definition of a contract of service, rather than a contract for services. The distinction is important because many employment law rights under the Employment Rights Act 1996 require that a claimant has employee status under s 230. An employee is defined as someone with a contract of employment, and that is defined to be a contract of service or apprenticeship . The definition of a contract of service is left to the courts, and this is a leading case. Facts Mr Thomas Latimer had worked for Ready Mixed Concrete Ltd as a yard batcher from 1959 to 1963. The company delivered concrete, but had a policy of hiring independent contractor businesses to do the haulage because according to their policy documents, this allows blockquote speedy and efficient cartage, the maintenance ... Queensland Stations Pty v. Federal Commissioners of Taxation 70 C.L.R. 539, Montreal Locomotive Works Ltdv. Montreal and Attorney General of Canada 1947 1 D.L.R. 161 and United States v. Silk ... in incidental or collateral matters. Zuijs v. Wirth Brothers Proprietary, Ltd. 1955 93 C.L.R. ... also British labour law Nethermere St. Neots Ltd. v. Gardiner And Another 1984 ICR 612 Notes reflist ... Ltd Leyland lorries through a related company called Ready Mixed Finance Ltd . Mr Latimer took up this chance .... Transport in the second example was the essential part of the performance. v The same instrument provides ... part imposes obligations of a different kind Amalgamated Engineering Union v. Minister of Pensions ... of a subsequent leading case http www.egos.co.uk cases okelly.htm O Kelly v. Trust House Forte ... more details
US beef imports in South Korea made up a 216 million dollar industry for the American beef industry in 2009 ... market, imports finally resumed in July 2008 leading to the massive 2008 US beef protest in South Korea . In 2010, South Korea became the world s third largest U.S. beef importer. ref name Largest ... The import of US beef was banned in 2003 in South Korea and in other nations after a case of bovine ... http news.bbc.co.uk 2 hi business 7353767.stm title South Korea relaxes US beef ban publisher BBC News date 18 April 2008 ref At the time, South Korea was the third largest purchaser of US beef exports ... s third largest U.S. beef importer July 16, 2010. People s Daily ref Import ban The Government of South Korea banned imports of US beef in 2003 when a case of bovine spongiform encephalopathy, or mad ... Encephalopathy, or Mad Cow Disease ref At the time, South Korea was the third largest purchaser ...&part 104&SearchDay Korea halts inspection of U.S. beef imports after bone discovery ref Protests Main 2008 US beef protest in South Korea Throughout the ban, domestic beef farmers and local activists ... as part of the process of ratification for the South Korea United States Free Trade Agreement concluded ... Herald Tribune date June 11, 2008 ref Lifting of import ban Despite the protests, US beef imports resumed on 1 July 2008. On 2 July 2008, Han Seung soo , Prime Minister of South Korea bought 260,000 ... Times date July 2, 2008 ref Imports of US beef grew throughout 2008. During that year, Australia n ... archivedate 2008 08 22 ref With continued import growth since the lifting of the ban, in 2010, South Korea surpassed US beef imports in Japan for the first time to become the largest market for U.S. beef in Asia . ref name Largest US market References references See also 2008 US beef protest in South Korea South Korea United States relations Beef DEFAULTSORT Us Beef Imports In South Korea Category Beef Category Government of South Korea Category South Korea United States relations ko 2008 ... more details
Infobox Court Case name SAAMCo v York Montague Ltd court House of Lords image date decided full name citations 1996 http www.bailii.org uk cases UKHL 1996 10.html UKHL 10 , 1997 AC 191 judges prior actions subsequent actions opinions Lord Hoffmann transcripts keywords Negligent misstatement, market values, remoteness of loss South Australia Asset Management Corpn v York Montague Ltd and Banque Bruxelles Lambert SA v Eagle Star Insurance Co Ltd 1996 http www.bailii.org uk cases UKHL 1996 10.html UKHL 10 is a joined English contract law case often referred to as SAAMCO on causation remoteness of damage. It arose out of the property crash in the early 1990s, whereby banks were suing valuers for overpricing houses in order to recover the lost market value. Owners themselves had often little or no money, since they had fallen victim to negative equity , so mortgage lenders would pursue a valuer instead to recover some losses. Facts In the South Australia case, a valuer had in breach of an implied term to exercise reasonable care and skill negligently advised his client bank that property which it proposed to take as security for a loan was worth much more than its actual market value. The question was whether he should be liable not only for losses attributable to the deficient security but also for further losses attributable to a fall in the property market. The House decided that he should not be liable for this kind of loss. Judgment The House of Lords held that the valuer was not liable ... Negligence Same horse, different rider? 20.3.2008 legalweek.com DEFAULTSORT South Australia Asset Management Corporation V York Montague Ltd Category English contract case law Category English remedy ... Gorris v Scott 1874 L.R. 9 Ex. 125. In the case of tort, it will similarly depend upon the purpose .... See also English contract law Transfield Shipping Inc v Mercator Shipping Inc 2008 UKHL 48 Haugesund Kommune v DEPFA ACS Bank 2011 EWCA Civ 33, a bank s loss due to the impecuniosity of the counterparties ... more details
mall and amusement park on the far south side. After hearing the Imports play, Paul said that they would ... The Imports image background group or band origin Chicago , Illinois , United States genre Punk rock , post punk years active 1979 1980 label associated acts website http www.dansbane.com pages Imports ... past members John Krug Drums br Alec Dale Drums One of Chicago s first punk rock bands, The Imports ..., Steve Albini of Big Black posted a concise response listing The C nts, The Imports, Coolest Retard .... Retrieved on March 9, 2007 ref Members of The Imports later went on to play with the Vagueleys ... Stewart Do Ya Think I m Sexy , and the Bee Gees Too Much Heaven , The Imports forged their unique brand of post punk in the quiet and tree lined neighborhood of Hyde Park on the South Side of Chicago. Making up the core of the Imports were Ben Krug vocals , Tom Krug guitar and Joe Strell bass . Like many bands, the Imports went through a series of drummers including John Krug, who helped establish the Imports as one of a precious few Chicago punk bands in early 1980, Alec Dale, who accompanied the outfit ... their brief career, the Imports played extensively throughout the limited nightclub circuit ... The Imports played included The Lucky Number, Tuts, Jamie s Elsewhere, and Exit. Ironically, the majority of The Imports band members were excluded from these venues on nights when they were not playing ... who weren t on the same bill. Initially, the Imports played a quick pop punk set of originals inspired ... debut at the club Ann Arkees on March 6, 1980, the Imports were to trade their high intensity ... Weller during The Jam s Setting Sons tour, on Friday, March 7, 1980, the Imports ran through a quick ... he recommended that the Imports check out. And so they did. Seeing the light or dark the Imports ..., The Imports released only one professional recording a 7 single on Cirkle Records, published ... reel to reel tape recorder in the Imports rehearsal space in the basement of the Krug s home ... more details
Infobox Court Case name Chartbrook Ltdv Persimmon Homes Ltd court House of Lords image caption date decided full name citations 2009 http www.bailii.org uk cases UKHL 2009 38.html UKHL 38 , 2009 1 A.C. 1101, 2009 3 W.L.R. 267 judges prior actions 2008 EWCA Civ 183, 2008 2 All E.R. Comm 387 subsequent actions opinions Lord Hope, Lord Hoffmann, Lord Rodger, Lord Walker and Baroness Hale transcripts keywords Interpretation Chartbrook Ltdv Persimmon Homes Ltd 2009 http www.bailii.org uk cases UKHL ... person would understand, following ICS vWest Bromwich BS . There was no limit to the amount of red ... v Pim ref Frederick E Rose London Ltdv William H Pim Junior & Co Ltd 1953 2 QB 450 ref document can ... Homes Ltd claimed that a contract it had to develop Chartbrook Ltd s land should be interpreted differently, so that they would be paid more. The contract said Persimmon Ltd was entitled to an Additional ... Court and Court of Appeal agreed with Chartbrook s interpretation. Persimmon Ltd appealed on the interpretation ... it contended that the rule in Prenn v Simmonds ref 1971 1 WLR 1381 ref that pre contractual ... allowed the appeal by Persimmon Ltd, and agreed that properly construed the contract should ... also held that, following Prenn v Simmonds , while a theory of objective interpretation could ... a contractual document as in BCCI v Ali ref Bank of Credit and Commerce International SA v Ali No 1 2001 UKHL 8, 2002 1 AC 251 ref it remains inadmissible because it is usually irrelevant .... ref Jones v Secretary of State for Social Services 1972 AC 944 ref While the decision of Kerr J in The Karen ... about rectification, it was noted that Joscelyne v Nissen Ref 1970 2 QB 86 ref made rectification ... carry little weight, ref Carmichael v National Power plc 1999 1 WLR 2042 and George Cohen Sons & Co Ltdv Docks and Inland Waterways Executive 1950 84 Ll L Rep. 97 considered ref though unlike a claim regarding ordinary interpretation would not be inadmissible. Here, if Persimmon Ltd had not succeeded ... more details
Infobox Court Case name Aveling Barford Ltdv Perion Ltd court High Court image caption date decided full name citations 1989 BCLC 626 judges prior actions subsequent actions opinions transcripts keywords Reduction of capital Aveling Barford Ltdv Perion Ltd 1989 BCLC 626 is a UK company law case concerning reduction of capital . It held that a sale at an undervalue of an asset was a dress up and unlawful reduction of capital. The proper procedure for reduction of capital is now found in CA 2006 sections 641 653. Facts Mr Lee owned and controlled both Aveling Barford Ltd and Perion Ltd. Aveling Barford had a sports ground and with it, residential planning permission, but it did not have enough money to make a distribution to its shareholders. So the property of Aveling Barford was conveyed to Perion for 350,000, when its actual resale value was 1,520,000. Aveling Barford then went into liquidation. The liquidator sued to have Perion be declared a constructive trustee of the resale proceeds price. Judgment Hoffmann J held that it was the director s duty to obtain the full value of the land for Aveling Barford, so Mr Lee was in breach of fiduciary duty . He was, therefore, accountable as a constructive trustee. Whether or not the act was approved by all shareholders was irrelevant since the company cannot return its capital to shareholders without court leave, or following the special procedure. This was a dressed up distribution , it was ultra vires and incapable of validation or ratification. Cquote The rule that capital may not be returned to shareholders is a rule for the protection of creditor s and the evasion of the rule falls within what I think Slade LJ had in mind when he spoke of fraud on creditors. See also Clist shares Clist personality UK company law CA 2006 s 845 Progress Property Co Ltdv Moorgarth Group Ltd 2010 UKSC 55 Notes refs 2 References External links Category United Kingdom company case law Category Grantham ... more details
Infobox Court Case name Redfearn v Serco Ltd court Court of Appeal of England and Wales image Question time nick griffin protest 2.jpg date decided 25 May 2006 full name citations 2006 http www.bailii.org ew cases EWCA Civ 2006 659.html EWCA Civ 659 2006 IRLR 623 judges Mummery LJ , Dyson LJ and Sir Martin Nourse prior actions subsequent actions opinions transcripts keywords Indirect racial discrimination, belief discrimination Redfearn v Serco Ltd 2006 http www.bailii.org ew cases EWCA Civ 2006 659.html EWCA Civ 659 is a UK labour law case concerning a direct and indirect race discrimination case under the Race Relations Act 1976 . The issue was a political belief , and is helpful in understanding the application of the Equality Act 2010 s protections for belief, which had not come into effect when this case was brought forth. Facts Arthur Redfearn was a bus driver for Serco Ltd , trading as West Yorkshire Transport Service, for Bradford City Council . He was disabled and drove a bus for disabled people. He had been rated as a first class employee by his Asian supervisor. But then he was elected as councillor for Bradford, representing the white supremacist British National Party . The union had words with Serco, who said that on health and safety grounds he would be made redundant. The alleged idea was that in an area with large ethnic populations, his profile would make him a target for violent attacks, and that could make for an unsafe bus service. Redfearn alleged that he was being directly racially discriminated against under s 1 1 a of the Race Relations Act 1976 , on racial grounds . In previous cases, it had been held that this phrase should be construed widely. He ... discrimination law in the UK Showboat Entertainment Centre Ltdv Owens 1984 1 WLR 384 Eweida v British ... rights claim for Redfearn. David Pannick QC, acting for Serco Ltd submitted correctly ... links http news.bbc.co.uk 1 hi england west yorkshire 5015500.stm BBC News article on Redfearn ... more details
Infobox Court Case name ICI Ltdv Shatwell court House of Lords image caption date decided full name citations 1965 AC 656 judges prior actions subsequent actions opinions transcripts keywords Volenti non fit injuria ICI Ltdv Shatwell 1965 AC 656 is a UK labour law case concerning Facts Two shot firing brothers were injured because they could not be bothered to take the mandatory precautions. Judgment Lord Denning MR held that they were not entitled to compensation. See also Clist unfair dismissal UK labour law Unfair dismissal Notes refs 2 References External links Category United Kingdom labour case law Category House of Lords cases Category 1965 in case law Category 1965 in the United Kingdom ... more details
is found in the judgment of MacKenna J in Ready Mixed Concrete South East Ltdv Minister of Pensions ...Infobox Court Case name Autoclenz Ltdv Belcher court Supreme Court of the United Kingdom image caption date decided 27 July 2011 full name citations 2011 http www.bailii.org uk cases UKSC 2011 41.html UKSC 41 judges Lord Hope, Lord Walker, Lord Collins, Lord Clarke and Lord Wilson prior actions 2008 http www.bailii.org ew cases EWCA Civ 2008 1172.html EWCA Civ 1046 , 2010 IRLR 70 subsequent actions opinions Lord Clarke transcripts Full transcript of http www.supremecourt.gov.uk docs UKSC 2009 0198 Judgment.pdf judgment and http www.supremecourt.gov.uk docs UKSC 2009 0198 ps.pdf press summary keywords Contract of employment Autoclenz Ltdv Belcher 2011 http www.bailii.org uk cases UKSC 2011 41.html ... the decision of the Court of Appeal in Consistent Group Ltdv Kalwak . The company appealed against ... minimum to produce a contract of employment Nethermere St Neots Ltdv Gardiner 1984 ICR 612 ... of bargaining power . The judgment of Rimer LJ, in Consistent Group Ltdv Kalwak , suggesting that contractual ... i As Stephenson LJ put it in Nethermere St Neots Ltdv Gardiner 1984 ICR 612, 623, There must be an irreducible ... with employee status Express & Echo Publications Ltdv Tanton Tanton 1999 ICR 693, per Peter Gibson ... L Estrange v F Graucob Ltd 1934 2 KB 394. If a party has not signed a contract, then there are the usual ... Hoffmann, 48 to 66 , in Chartbrook Ltdv Persimmon Homes Ltd 2009 UKHL 38, 2009 1 AC 1101 with whom ... Ltd in Measham , Derbyshire . Autoclenz Ltd had contracted with British Car Auctions Ltd BCA to provide ... except for a few weeks working for a competitor in 2002 and 2003. In 2007 Autoclenz Ltd invited ... in English law UK labour law EU labour law US labor law German labour law R v Foster 1952 HCA 10 1952 85 C.L.R. 138 Amalgamated Investment & Property Co Ltdv Texas Commerce International Bank Ltd 1982 QB 84 Notes refs 2 References AL Bogg, Sham self employment in the Court of Appeal 2010 126 ... more details
Infobox Court Case name Rigby v Ferodo Ltd court House of Lords image caption date decided full name citations 1988 ICR 29 judges Lord Bridge, Lord Fraser, Lord Brightman, Lord Ackner and Lord Oliver. prior actions subsequent actions opinions transcripts keywords Employment contract Rigby v Ferodo Ltd 1988 ICR 29 is a UK labour law case concerning the contract of employment . It held that if an employer reduces wages without a worker s consent, the worker may continue to work and claim the shortfall. Facts Ferodo Ltd cut wages by 5 to stay afloat. The trade union agreed not to strike. Mr Rigby, who worked as a lathe operator on 129 a week with a contract terminable on 12 weeks notice, made it known he did not accept the wage reduction. For him this was approximately 30 a week. He continued to work and after over a year, he claimed for shortfall. The judge held there was a unilateral variation of the contract, which amounted to a breach, and so Mr Rigby was entitled to damages. The Court of Appeal agreed. Ferodo Ltd appealed to the House of Lords. Judgment The House of Lords held that there had been a repudiatory breach of contract by the employer and so Mr Rigby was entitled to claim his shortfall in wages. If the employee continued to work, this did not necessarily imply he accepted the change, nor was it the case that the contract was automatically brought to an end. Moreover because Ferodo Ltd had not in fact terminated the contract the damages that Mr Rigby received could be beyond the 12 week notice period in which the contract could legitimately have been terminated, and a notice of unilateral variation could not be implicitly construed as giving notice of termination. See also Clist employment contract UK labour law Employment contract in English law Autoclenz Ltdv Belcher 2011 http www.bailii.org uk cases UKSC 2011 41.html UKSC 41 Notes refs 2 References External links Category United Kingdom labour case law Category House of Lords cases Category 1988 in case ... more details
Infobox Court Case name OBG Ltdv Allan court House of Lords image date decided full name citations 2007 UKHL 21, 2008 1 AC 1, 2007 2 WLR 920 judges Lord Hoffmann, Lord Nicholls, Lord Walker, Baroness Hale and Lord Brown prior actions 2005 EWCA Civ 106, 2005 QB 762 subsequent actions opinions transcripts keywords Economic tort, interference with a contract OBG Ltdv Allan 2007 http www.bailii.org uk cases UKHL 2007 21.html UKHL 21 was a combined appeal with Douglas v Hello Ltd and Mainstream Properties Ltdv Young and stands as the leading case on economic torts in English law . Facts Lord Hoffmann in his judgment summarised the facts. Cquote In OBG Ltdv Allan 2005 QB 762 the defendants were receivers purportedly appointed under a floating charge which is admitted to have been invalid. Acting in good faith, they took control of the claimant company s assets and undertaking. The claimant says that this was not only a trespass to its land and a conversion law conversion of its chattels but also the tort of unlawful interference with its contractual relations. It claims that the defendants are liable in damages for the value of the assets and undertaking, including the value of the contractual claims, as at the date of their appointment. Alternatively, it says the defendants are liable for the same damages in conversion. In Douglas v Hello Ltd 2006 QB 125 the magazine OK contracted for the exclusive right to publish photographs of a celebrity wedding at which all other photography would be forbidden. The rival magazine Hello published photographs which it knew to have been surreptitiously taken by an unauthorised photographer pretending to be a waiter or guest. OK says that this was interference ... Ltdv Young 2005 IRLR 964 two employees of a property company, in breach of their contracts, diverted ... and 202 . ref See also Economic torts in English law Conversion law Torquay Hotel Co Ltdv Cousins ... ldjudgmt jd070502 obg 1.htm House of Lords judgments page DEFAULTSORT Obg LtdV Allan Category ... more details
Infobox Court Case name Atlasview Ltdv Brightview Ltd court High Court Chancery image date decided full name citations 2004 EWHC 1056 Ch , 2004 2 BCLC 191 judges prior actions subsequent actions opinions transcripts keywords Unfair prejudice , reflective loss Atlasview Ltdv Brightview Ltd 2004 EWHC 1056 Ch is a UK company law case, which concerns a claim for unfair prejudice now s 994 Companies Act 2006 and raised the question of barring a claim if attempted to recover for reflective loss loss to the company, which also prejudices a member . The case is a notable precedent because it makes clear that a nominee shareholder is also a legitimate petitioner for unfair prejudice. ref L Sealy and S Worthington, Sealy s Cases and Materials in Company Law 9th edn OUP 2010 651 PL Davies , Gower and Davies Principles of Modern Company Law 8th edn Sweet and Maxwell 2008 683. ref Facts Brightview Ltd provided internet services. Its shares were in two classes, X and Y shares. Mr Shalson held the majority of X shares through another company called Reedbest Properties Ltd. Atlasview Ltd controlled the majority of Y shares. Unfortunately, Brightview s business had faltered after it failed to fulfill an immediate demand to repay a loan of 5.24 million from the X shareholders. An Administration law administration order was made. Shortly after, Brightview was sold to another company owned by the X shareholders. Atlasview complained that it with Y shareholders had been unfairly prejudiced under ... protection UK company law Bhullar v Bhullar O Donnell v Shanahan Referred to in judgment Attorney General v Blake 2001 1 AC 268 Re Cade J E & Son Ltd 1991 BCC 360 Re a Company No 005287 of 1985 ... 2 BCC 99,276 Re Elgindata Ltd 1991 BCLC 959 Giles v Rhind 2003 Ch 618 Re Harrison Saul D & Sons plc 1994 BCC 475 Johnson v Gore Wood & Co 2002 2 AC 1 O Neill v Phillips 1999 1 WLR 1092 Rock Nominees Ltdv RCO Holdings plc 2004 BCC 466 Three Rivers District Council v Governor and Company of the Bank ... more details
Infobox company name V Guard Industries Ltd logo caption type traded as nse VGUARD fate predecessor successor foundation 1977 founder Kochouseph Chittilappilly defunct End date YYYY MM DD location city Kochi location country India location locations area served key people industry products Electrical Appliances services revenue operating income net income assets equity owner num employees parent divisions subsid Wonderla , Veegaland homepage URL vguard.in footnotes intl V Guard Industries Ltd is a major electrical appliances manufacturer in India , and the largest in the state of Kerala with an annual turnover of INR 7 billion. ref http www.thehindu.com todays paper tp sports article1684401.ece The Hindu. V Guard turnover. ref ref http www.thehindu.com todays paper tp sports article2297708.ece The Hindu. V Guard registers increase in profit . ref It manufactures Voltage regulator voltage stabilizer s, wiring cables , electric pump s, electric motors , Water heating geysers , solar water heaters, electric fans and Uninterruptible power supply UPS s. It was founded in 1977 by Kochouseph Chittilappilly as a small voltage stabilizer manufacturing unit. V Guard Industries is also a holding company for other establishments such as Wonderla and Veegaland , amusement parks. ref http www.vguard.in about voltage stabilizers water pumps V Guard Industries Official Website. ref ref http www.thehindubusinessline.com features investment world stock insight article2580221.ece The Hindu BusinessLine. Stock Insight V Guard Industries. ref References Reflist india company stub Category Economy of Kerala Category Companies based in Kerala ... more details
Infobox Court Case name Hogg v Cramphorn Ltd court High Court image caption date decided full name citations 1967 Ch 254 judges prior actions subsequent actions opinions Buckley J transcripts keywords Takeover, proper purpose Hogg v Cramphorn Ltd 1967 Ch 254 is a famous UK company law case on the director liability. The Court held that Board of directors corporate directors who dilute the value of the stock in order to prevent a hostile takeover the poison pill are breaching their fiduciary duty to the company . Facts Mr Baxter approached the board of directors of Cramphorn Ltd. to make a takeover offer for the company. The directors including Colonel Cramphorn who was managing director and chairman believed that the takeover would be bad for the company. So they issued 5707 shares with ten votes each to the trustees of the employee s welfare scheme Cramphorn, an employee and the auditor . This meant they could outvote Hogg s bid for majority control. A shareholder, Mr Hogg, sued, alleging the issue of the shares was ultra vires . Cramphorn argued that the directors actions were all in good faith. It was feared that Mr Baxter would sack many of the workers. Judgment Buckley J, writing for the Court, held that the new shares issued by the directors are invalid. The directors violated their duties as directors by issuing shares for the purpose of preventing the takeover. The power to issue shares creates a fiduciary duty and must only be exercised in order to raise capital and not for any other purposes such as to prevent a takeover. The act could not be justified on the basis that the directors honestly believed that it would be in the best interest of the company. The improper ... meeting , with no votes allowed to the newly issued shares. See also Clist takeovers Cheff v. Mathes , 199 A.2d 548 Del. 1964 Howard Smith Ltdv Ampol Ltd 1974 AC 832. Criterion Properties plc v Stratford UK Properties LLC 2004 UKHL 28 Notes refs 2 References Brudney, Fiduciary Ideology in Transactions ... more details
Clark v TDG Ltd t a Novacold Ltd 1999 IRLR 318 is a UK labour law case concerning the Disability Discrimination Act 1995 . Facts Mr Clark was injured at work a frozen food warehouse in Hull . He was then dismissed when an orthopaedic doctor said he did not know when he would be able to start again. Judgment Mummery LJ said the DDA drew no direct indirect discrimination distinction, and a justification defence is always available. The comparator was someone who was not disabled, and could do the work. It certainly was discrimination, but on the question of justification, no attention had been paid to the Code of Practice. Significance Some of the comments in this case are no longer good law. Since Directive 2000 78 EC, there has been an amendment to the Disability Discrimination Act so that a direct indirect distinction is introduced, and the language of the Act clarified. Lewisham LBC v Malcolm and EHRC 2008 UKHL 43, 2008 IRLR 700 expressly disapproved the decision, though Baroness Hale dissented. See also UK employment discrimination law UK labour law Human Rights Act 1998 Notes reflist 2 External links http www.hotfroguk.co.uk Companies T D G Novacold TDG Novacold s address Category United Kingdom labour case law Category United Kingdom equality case law Category Court of Appeal of England and Wales cases Category 1999 in case law Category 1999 in the United Kingdom ... more details
Infobox Court Case name Weathersfield Ltdv Sargeant court Court of Appeal of England and Wales image caption date decided 10 December 1998 full name citations 1998 http www.bailii.org ew cases EWCA Civ 1998 1938.html EWCA Civ 1938 , 1999 ICR 425, 1999 Disc LR 290, 1999 IRLR 94 judges Beldam LJ, Swinton Thomas LJ and Pill LJ prior actions subsequent actions opinions transcripts keywords Weathersfield Ltdv Sargeant 1999 IRLR 94 is a UK labour law concerning the scope of race discrimination. Facts Mrs Sargeant got a job at Weathersfield, a car hire company. She was told, we do have a special policy regarding coloured and Asians. We have got to be careful who we hire the vehicles to. If you get a telephone call from any coloured or Asians you can usually tell them by the sound of their voice. You have to tell them that there are no vehicles available. She was appalled, and she resigned. She claimed constructive unfair dismissal for race discrimination. The question was, although she was not herself black, was the treatment she has on grounds of race? Judgment It was held that she could claim. In the Race Relations Act 1976 it says, A person discriminates against another in any circumstances relevant for the purposes of any provision of this Act if a on racial grounds he treats that other less favourably than he treats or would treat other persons . Although Mrs Sargeant was not herself coloured or Asian, the foul conduct of the employer was still on racial grounds . See also Wilson v TB Steelwork Co Ltd ET Case no. 23662 77 A white woman won a race discrimination claim after being refused a job because her husband was black. UK employment discrimination law UK labour law Notes reflist 2 External links Category United Kingdom labour case law Category Discrimination law in the United Kingdom Category Court of Appeal of England and Wales cases Category 1998 in case law Category 1998 in the United Kingdom ... more details
Scruttons Ltdv Midland Silicones Ltd 1961 http www.bailii.org uk cases UKHL 1961 4.html UKHL 4 , 1962 AC 446, is a leading House of Lords case on Privity in English law privity of contract law contract . The Court outlined an exception to the privity rule, known as the Lord Reid test , through agency law agency as it applies to sub contractors and employees seeking protection in their employers contract. Facts Scruttons Ltd was shipping a load of crates through a carrier. In the contract between the two parties there was a limitation of liability clause for 500 per box. The goods were damaged in transit due to the negligence of the stevedores. The stevedores were under contract with the shipping company which contained an exclusion clause. Midland were unaware of the relationship between the carriers and the stevedores. Judgment At first blush, it was clear to the Court that the stevedores could not be exempted by the exemption clause as there was no privity of contract . The Court looked at whether there was a bailment relationship but found none. The case turned on the application of the Elder, Dempster case which suggested that privity could be circumvented. Lord Reid proposed that the stevedores could be covered under the contractual clause through agency if certain pre conditions were satisfied. Cquote I can see a possibility of success of the agency argument if first the bill of lading makes it clear that the stevedore is intended to be protected by the provisions in it which limit liability, secondly the bill of lading makes it clear that the carrier, in addition to contracting for these provisions on his own behalf, is also contracting as agent for the stevedore that these provisions should apply to the stevedore, thirdly the carrier has authority from the stevedore ... these conditions were satisfied in the subsequent case of New Zealand Shipping Co Ltdv A M Satterthwaite & Co Ltd New Zealand Shipping v Satterthwaite The Eurymedon 1975 AC 154. Significance With the Scruttons ... more details
Encyclopedia
top
