SCCInfoBox case name SobeysStoresLtd. v. Yeomans and LabourStandardsTribunalNS full case name SobeysStoresLtd. v. Yeomans and LabourStandardsTribunalNS heard date February 5, 1988 decided date ... J. Concurrence Dissent La Forest J. JoinConcurrence Dissent Beetz and L Heureux Dub JJ. SobeysStoresv. Yeomans and LabourStandardsTribunalNS 1989 1 S.C.R. 238 is a leading Supreme Court of Canada case on determining if a tribunal has the authority to hear a dispute, and more generally, the interpretation of section 96 of the Constitution Act, 1867 . Background Sobeys , a Nova Scotia grocery chain, dismissed Yeomans, an employee of ten years. Yeomans made a complaint to the Director of LabourStandards of Nova Scotia for dismissal without just cause under the s. 67 of the LabourStandards Code. The Director held that Yeoman s claim was valid and ordered Sobeys to reinstate him. This was affirmed by the LabourStandardsTribunal. Sobeys appealed the ruling to the Nova Scotia Court of Appeal on the basis that the tribunal did not have the constitutional authority to hear the case. Namely, that the tribunal was encroaching on the exclusive jurisdiction of the Superior courts ... of Sobeys. The Supreme Court reconsidered this issue and in the process revamped the evaluation of section 96. The Court held that the tribunal did have the authority to hear the case, overturning the Court ... the tribunal did not violate section 96 of the Constitution. Analysis of section 96, Wilson states ... 1 assess the historical conditions of the judicial system in 1867 2 assess whether the provincial tribunal is exercising a judicial function 3 assess the context of the tribunal s exercise of power. Expand section date June 2008 External links lexum scc2 1989 1 238 49 DEFAULTSORT SobeysStoresLtd. V. Yeomans And LabourStandardsTribunalNs Category Canadian administrative case law Category Canadian constitutional case law Category Supreme Court of Canada cases Category Labour relations in Canada ... more details
Infobox Court Case name Waltons Stores Interstate Ltdv Maher court High Court of Australia image Wrecking ball.jpg date filed date decided full name citations 1988 164 CLR 387, 62 ALJ 110 judges prior actions subsequent actions opinions Mason CJ and Wilson J transcripts Keywords Estoppel, consideration, pre contractual negotiations Waltons Stores Interstate Ltdv Maher 1988 164 CLR 387, 62 ALJ 110, is a leading case in Australian contract law . The Australian High Court decided that estoppel , in certain circumstances could be a cause of action. Facts Maher owned some property. He was negotiating with a department store company called Waltons department store Waltons Stores for a lease of the land. They wanted an existing building to be demolished and a new one erected. In reliance on representations made before a contract was completed, Maher demolished the building and started to erect a new one. But the contract never came to completion because Waltons Stores did not sign the lease. Waltons told their solicitors to slow the deal while they did further investigations as to whether the transaction would be good business, but allowed Maher to remain under the impression that the deal would be completed. Judgment The High Court held that to avoid detriment through Waltons unconscionable behaviour, Waltons was estopped from denying the contract. But not only the reliance interest was protected. The award given protected the expectation interest as if the contract had been concluded . Anthony Mason judge Mason CJ and Wilson J, the creation or encouragement by the party estopped in the other party of an assumption that a contract will come into existence or a promise will be performed ... of the unconscionable party, equity law has the capability to intervene. See also Combe v Combe 1951 2 KB 215 Crabb v Arun DC 1976 Ch 176 Williams v Roffey Bros Ltd Baird Textile Holdings Ltdv Marks & Spencer plc 2001 EWCA Civ 274 Promissory estoppel External links http www.austlii.edu.au au ... more details
Infobox Court Case name Ward v Tesco StoresLtd court Court of Appeal image KS California strawberry yogurt.JPG date decided full name citations 1976 1 WLR 810, 1976 1 All ER 219, 1976 IRLR 92 judges Omrod LJ dissenting , Lawton LJ and Megaw LJ prior actions subsequent actions opinions transcripts keywords Occupiers liability , negligence Ward v Tesco StoresLtd 1976 1 WLR 810, is an English tort law case concerning the doctrine of res ipsa loquitur the thing speaks for itself . It deals with the law of negligence and it set an important precedent in so called trip and slip cases which are a common occurrence. Under the Occupiers Liability Act 1957 , owners of premises have a duty to ensure that it is reasonably safe for visitors. Therefore when an accident occurs because premises are not reasonably safe, the occupier of the premises may be liable to pay compensation for any injuries. The decision in this case puts the burden of proof on the occupier to show that he was not negligent. Facts The plaintiff slipped on some pink yoghurt in a Tesco store in Smithdown Road, Liverpool Smithdown Road , Liverpool . It was not clear whether or not Tesco staff were to blame for the spillage. It could have been another customer, or the wind, or anything else. Spillages happened roughly 10 times a week and staff had standing orders to clean anything up straight away. As Lawton LJ observed in his judgment, ref at 814 ff. ref cquote A member of the staff helped to pick the plaintiff up. The manager was called. The plaintiff was taken to his office. She was dealt with there in a kindly and considerate ... s judgment explained the previous case law, starting with Richards v WF White & Co 1957 1 Lloyd s Rep ... principles were enunciated in the classical judgment of Erle CJ in Scott v London and St Katherine ... to that conclusion he followed the judgment of Lord Goddard CJ in Turner v Arding & Hobbs Ltd 1949 2 All ER 911 Lord Goddard said, at p 912 blockquote The duty of the shopkeeper in this class ... more details
Infobox Court Case name Cooperative Insurance Society Ltdv Argyll Stores Holdings Ltd court House of Lords image date decided full name citations 1998 AC 1 judges prior actions subsequent actions opinions Lord Hoffmann transcripts keywords Remedies, specific performance Cooperative Insurance Society Ltdv Argyll Stores Holdings Ltd 1998 AC 1 is an English contract law case, concerning the possibility of claiming specific performance of a promise after breach of contract . Facts The Cooperative Insurance Society Ltd CIS owned the freehold of a shopping centre and they let the anchor unit to Argyll Stores as a supermarket , for 35 years from 1979 , with a covenant to keep open the demised premises for retail trade . In 1995, the store was making a loss and Argyll closed, despite the protests of the Coop. The Coop argued that they should be awarded specific performance, on the ground that it was necessary to keep a store open in an otherwise depressed area. The trial judge refused a specific performance order. The Court of Appeal granted specific performance by a majority, because there was considerable difficulty proving a loss suffered and Argyll had acted with unmitigated commercial cynicism . Judgment The House of Lords allowed Argyll Store s appeal and said the judge s exercise of discretion was correct in refusing an award of specific performance. Damages were the appropriate remedy. There were a number of relevant considerations. First, it was settled practice that no order would make someone run a business. Second, enormous losses would result from being forced to run a trade. Third, framing the order would be unduly difficult. Fourth, wasteful litigation over compliance could result. Fifth, it was oppressive to have to run a business under threat of contempt of court. Sixth, it was against the public interest to require a business to be run if compensation was a plausible alternative. Lord Hoffmann gave the leading judgment. Cquote The purpose of the law of contract ... more details
Infobox Court Case name Cooperative Insurance Ltdv Argyll StoresLtd court House of Lords image date decided full name citations 1997 http www.bailii.org uk cases UKHL 1997 17.html UKHL 17 , 1998 AC 1 judges prior actions subsequent actions opinions Lord Hoffmann transcripts keywords Remedies, specific performance Cooperative Insurance Society Ltdv Argyll Stores Holdings Ltd 1997 http www.bailii.org uk cases UKHL 1997 17.html UKHL 17 is an English contract law case, concerning the possibility of claiming specific performance of a promise after breach of contract . Facts The Coop owned the freehold of a shopping centre and they let the anchor unit to Argyll as a supermarket, for 35 years from 1979, with a covenant to keep open the demised premises for retail trade . In 1995, the store was making a loss and Argyll closed, despite the Coop s protests. The trial judge refused a specific performance order. The Court of Appeal granted an award of specific performance by a majority, because there was considerable difficulty proving a loss suffered and Argyll had acted with unmitigated commercial cynicism . Argyll appealed. Judgment House of Lords allowed Argyll s appeal and said the judge s exercise of discretion was correct so that no specific performance could be awarded. Setting out reasons, 1 it was settled practice that no order would make someone run a business 2 enormous losses would result from being forced to run a trade 3 framing the order would be hard 4 wasteful litigation over compliance could result 5 it was oppressive to have to run a business under threat of contempt of court 6 it was against the public interest to require a business to be run if compensation was a plausible alternative. Lord Hoffmann said the following. Cquote The purpose of the law of contract ... rent review. See also Clist remedies English contract law Warren v Mendy 1989 1 WLR 853 Sky Petroleum v VIP Petroleum 1974 1 WLR 576 Restatement Second of Contracts 1979 http www.lexinter.net ... more details
Cuddy Chicks Ltd. v. Ontario Labour Relations Board , 1991 2 S.C.R. 5, is a leading Supreme Court of Canada decision on the jurisdiction tribunal s to hear Canadian constitutional law constitutional challenges of the tribunal s enabling statute. Background The union of several employees of Cuddy Chicks, a chicken hatcher, filed a complaint to the Labour Relations Board that included a challenge of the constitutionality of the Board s enabling statute which excluded agricultural workers. The union claimed that the exclusion violated the right to freedom of association under section 2 d of the Canadian Charter of Rights and Freedoms and the right to equality under section 15. Cuddy Chicks disputed the ability of the Board to consider constitutional issues. The Board found that it was able to consider the issue by virtue of its requirement under s.24 2 of the Charter and 52 of the Constitution Act, 1867 . Ruling The Court dismissed the appeal and upheld the tribunal s authority to rule in constitutional issues of its enabling statute. The Court outlined three factors to be considered before a tribunal can hear a constitutional challenge. First, it must already have jurisdiction over the whole of the matter before it, namely, the parties, subject matter and remedy sought. ref p. 14 ref Second, it the court must consider the nature of the tribunal s expertise and specialization, and finally ... before the Board. The Court, however, limited this ability by denying the tribunal any ... Charter , except here it does not matter if the tribunal is a court or not. The Court further ... v. Canada Employment and Immigration Commission , 1991 2 S.C.R. 22 Douglas Kwantlen Faculty Assn. v. Douglas College , 1990 3 S.C.R. 570 References reflist External links lexum scc2 1991 2 5 57 Category ... Category Labour relations in Canada Category 1991 in case law Category Supreme Court of Canada case articles without infoboxes Category Canada labour case law ... more details
mergefrom Nova Scotia Workers Compensation Board v. Martin discuss Talk N.S.v. Martin N.S.v. Laseur Merger proposal date October 2009 SCCInfoBox case name Nova Scotia v. Martin Nova Scotia v. Laseur full case name heard date December 9, 2002 decided date October 3, 2003 citations 2003 2 S.C.R. 504, 2003 SCC 54 SCC 2002 2003 Unanimous Gonthier J. Nova Scotia v. Martin Nova Scotia v. Laseur , 2003 2 S.C.R. 504, 2003 SCC 54, is a leading Supreme Court of Canada decision. The Court re examined the authority of tribunals to hear constitutional challenges and their power to strike down legislation under section 52 1 of the Constitution Act, 1982 . In doing so the Court overturned the previous decision of Cooper v. Canada Human Rights Commission , 1996 . Also, the Court struck down provisions within Nova Scotia s Workers Compensation Act that prohibited people who were disabled by chronic pain from benefits as a violation of Section Fifteen of the Canadian Charter of Rights and Freedoms section ... the authority. See also List of Supreme Court of Canada cases McLachlin Court Cooper v. Canada Human Rights Commission , 1996 3 S.C.R. 854 External links lexum scc 2003 54 DEFAULTSORT N.S.V. Martin N.S.V. Laseur Category Canadian Charter of Rights and Freedoms case law Category Supreme Court ... to those with chronic pain. The Appeals Tribunal held that the Charter was violated in Martin s case. The government appealed the decision and the Nova Scotia Court of Appeal held that the tribunal did ... that the tribunal had the authority to apply the Charter and found that the Act did violate it. Consequently, Martin was given the benefits and Laseur s case was sent back to the tribunal for reconsideration ... could be applied by the tribunal. Gonthier stated that if the text of the legislation gives the tribunal ... as a whole. Factors to be considered include the mandate of the tribunal, whether the body ... system. If the claimant successfully argues that the tribunal has authority to use the Charter , the party ... more details
of the Conglomerate company conglomerate Empire Company Limited . History File Sobeys headquarters.jpg thumb Sobeys corporate office, Stellarton, NS In 1907, Sobeys was founded in Stellarton ... yet to be opened Canadian stores. ref http www.marketingmag.ca news marketer news sobeys signs grocery ... much larger stores and puts an emphasis on low prices. Sobeys decided to de emphasize the price ... Ready to Serve was added to the exterior of new and renovated stores. In September 2006, Sobeys ... in Ontario . However, Sobeys has announced that it plans to convert most of the remaining IGA stores ... 08 28 sobeys mon.html Sobeys to convert IGA stores to Sobeys brands , CBC News , August 28, 2006. ref ... Sobeys location. MarketPlace IGA stores in British Columbia are independently owned by H.Y. Louie ... , a chain of 26 grocery stores based in Victoria, British Columbia . In 2010, Sobeys launched FreshCo ... from selling tobacco products. A number of Sobeys and Needs stores in Nova Scotia and New Brunswick have a gas bar branded Sobeys Fast Fuels Sobeys Express stores carry items commonly found in a convenience ... that can be used interchangeably between Sobeys and Thrifty Foods stores. The Club Sobeys name ...Infobox company company name Sobeys Inc. company logo Image Sobeys logo.svg 220px company type Subsidiary ... William G. Bill McEwan , President & CEO industry Grocery Retail Grocery http www.hoovers.com sobeys ... www.sobeys.com www.sobeys.com br http www.sobeys.ca www.sobeys.ca Retail site Sobeys is the second .... Headquartered in Stellarton, Nova Scotia , it operates stores in all Provinces and territories of Canada ... County region. From that point until his death, Frank was the driving force behind the business. Sobeys .... In the 1980s, Sobeys expanded into southern Ontario , challenging Loblaws on its home turf , thereby igniting what came to be a nationwide battle for market supremacy. Sobeys had significant stakes ..., Sobeys became the second largest grocer in the country after purchasing the Oshawa Group , owners ... more details
Yeomans is a surname. It may refer to Solomon Yeomans Chesley 1796 1880 , public servant and political figure in Canada West Alistair Yeomans, BBC Radio 5 Live sports reporter. Bill Yeomans 20th century , Australian rugby league player Frank Yeomans, Object Relations Author and Training Supervisor for Transference focused psychotherapy Harry Yeomans 1901 1965 , English football goalkeeper Kelly Yeomans 1984 1997 , English school girl who commit suicide Lucy Yeomans 21st century , fashion magazine editor P. A. Yeomans 1904 1984 , Australian inventor Nicholas A. Yeomans 21st century , Philanthropist, Engineer, Gardener, Mentor, Martial Arts Instructor See also Yeoman disambiguation 2956 Yeomans , a main belt asteroid surname ... more details
LabourStandards in the World Trade Organization are binding rules, which form a part of the jurisprudence ... . Labourstandards play an implicit, but not an overt role within the WTO, however it forms a prominent ..., Trade and LabourStandards Subject of intense debate accessed 4 3 2007, http www.wto.org english ... the WTO should recognise labourstandards is typically based on the principles found in Conventions ... Charter , the text of the ITO, Article 7 pertained specifically to fair labourstandards, requiring ... related regulation beyond the trade labourstandards debate? , British Journal of Politics and International ... The WTO currently does not have jurisdiction over labourstandards and the only place in which ... of the WTO in 1995 there have been increasing calls for action on the labourstandards issue, and requests ... 2 . This means that respect for human rights, and within this, labourstandards, effectively trumps ... Nations member states members of the UN e.g. Taiwan , which raises issues. Core LabourStandards main ... Organisation 2006, Core LabourStandards Handbook , Manilla http www.adb.org Documents Handbooks Core Labor Standards default.asp ref core labourstandards are widely recognised to be of particular importance ... may hold. Core labourstandards are important human rights and are recognised in widely ratified ... english countries ratification 4.htm dead link date March 2011 ref The core labourstandards ... to respect these rights. Barriers to promoting labourstandards There are same major roadblocks to the process of recognising core labourstandards within the WTO. Firstly, incorporating labour rights ... rights and specifically core labourstandards in the WTO raises a series of thorny political, and in some ... and satisfying core labourstandards. This is known as the race to the bottom . ref Eres T 2004 The Limits ... of regulatory standards, and in this case, those governing labourstandards. In order to gain .... Many developing countries express their concern that labourstandards will have a deleterious effect ... more details
Infobox Court Case name Commotion Ltdv Rutty court Employment Appeal Tribunal image ColoredCylinders1.JPG ... Ltdv Rutty 2006 IRLR 171 http www.bailii.org uk cases UKEAT 2005 0418 05 1310.html EAT is an Employment Appeal Tribunal case in which an employer, who denied its staff flexible working time, was found ... was a warehouse assistant in Tonbridge, Kent packing educational toys for Commotion Ltd s business ... rejected, constructive unfair dismissal and indirect discrimination. Judgment Tribunal The Tribunal ... of the Flexible Working Regulations are concerned, the Tribunal are not satisfied that the Respondents complied with requirements under section 80G of the 1996 Act. Whilst they have put forward what the Tribunal ... the cuff and made without research. The Tribunal s experience is, and no evidence has been brought ... her to have raised a further grievance before bringing her claim to the Tribunal just beggars ... through the procedure. That had failed. She gave cogent evidence to the Tribunal that it would have ... entitling the Claimant to terminate her employment . Employment Appeal Tribunal Judge Burke QC upheld the tribunal, whose decision was not perverse or contrary to the law set out in the Employment Rights Act 1996 ss 80F H. Cquote 36... Mr Dunn s submission is the Tribunal erred in law in seeking ... is sub divided into what we might describe as four heads. First of all it said that the Tribunal ..., still less look to see whether it was objectively justified. Secondly, it is said that the Tribunal ... that the Tribunal were directing themselves to consider not ground vi in Section 80G 1 b , which ..., it is said that the Tribunal s conclusion was perverse. 37 As to the first submission, we draw attention to the fact that the employee is entitled to present a complaint to an Employment Tribunal ... facts sections see 80H 1 b . It must follow that the Tribunal is entitled to investigate the evidence ... of the considerations which a Tribunal may be permitted to enter into in looking at such a refusal ... 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 ... discrimination law in the UK Showboat Entertainment Centre Ltdv Owens 1984 1 WLR 384 Eweida v British ..., that amounted to discrimination contrary to the Act Redfearn lost at the Employment Tribunal, but succeeded at the Employment Appeal Tribunal, and Serco appealed to the Court of Appeal. Judgment Mummery ... point of pleading. He pointed out the Tribunal had suggested a provision, criterion or practice ..., but if it had been considered, as the Tribunal did, then more scrutiny was probably needed. ref ... rights claim for Redfearn. David Pannick QC, acting for Serco Ltd submitted correctly ... s case Category United Kingdom labour case law Category Court of Appeal of England and Wales cases ... 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
Infobox Court Case name Autoclenz Ltdv Belcher court Supreme Court of the United Kingdom image caption ... Contract of employment Autoclenz Ltdv Belcher 2011 http www.bailii.org uk cases UKSC 2011 41.html UKSC 41 is a significant UK labour law case decided by the Supreme Court of the United Kingdom ... Appeal Tribunal held that the claimants were not employees but that they were workers, following 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 ... is found in the judgment of MacKenna J in Ready Mixed Concrete South East Ltdv Minister of Pensions ... 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 ... 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 in Measham , Derbyshire . Autoclenz Ltd had contracted with British Car Auctions Ltd BCA to provide ... Huntington worked full time from 1991 until the hearing before the Employment Tribunal and thereafter except for a few weeks working for a competitor in 2002 and 2003. In 2007 Autoclenz Ltd invited ... Wage Act 1998. Judgment At the Employment Tribunal, Employment Judge Foxwell held that the claimants .... To carry out that exercise, the tribunal will have to examine all the relevant evidence. That will, of course ... to say that a court or tribunal has to consider whether the words of the written contract represent ... 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
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
Infobox Court Case name Hillas & Co Ltdv Arcos Ltd court House of Lords image Timber DonnellyMills2005 SeanMcClean.jpg date decided full name citations 1932 UKHL 2, 1932 147 LT 503 HL judges Lord Wright, Lord Tomlin prior actions 1932 40 Lloyd s Rep CA subsequent actions opinions transcripts http www.bailii.org uk cases UKHL 1932 2.html Full text of decision keywords Hillas & Co Ltdv Arcos Ltd 1932 http www.bailii.org uk cases UKHL 1932 2.html UKHL 2 is a landmark House of Lords case on English contract law where the court first began to move away from a strict, literal interpretation of the terms of a contract, and instead interpreted it with a view to preserve the bargain. The Court ruled that judges may imply terms into a contract based on the past dealings of the parties rather than void the agreement. Lord Wright stated in this case that people who give good consideration can bind themselves to a duty to negotiate in good faith, though this was controversially rejected in the later House of Lords case, Walford v Miles . ref 1992 2 AC 128 ref Facts Arcos agreed to supply Hillas with lumber in a contract stating the sale of 22,000 standards of softwood of fair specification . In the contract there was an option to purchase additional 100,000 standards of lumber. The only terms of the option stated, blockquote whatever the conditions are, buyers shall obtain the goods on conditions and at prices which show to them a reduction of 5 per cent on the f.o.b. value of the official price list at any time ruling during 1931. blockquote Hillas tried to exercise the option but Arcos ... J of the Court of Appeal followed the rule set out in the case of May v Butcher which stated ... he would not have to sell the 100,000 units at a loss. See also Clist enforceability Smith v Hughes 1871 LR 6 QB 597 Hartog v Colin & Shields 1939 3 All ER 566 Frederick E Rose London Ltdv William H Pim Junior & Co Ltd 1953 2 QB 450 Notes reflist 2 External links http www.bailii.org uk cases UKHL ... more details
Infobox Court Case name Johnson v Unisys Ltd court House of Lords image Unisys logo.svg caption date decided full name citations 2001 http www.bailii.org uk cases UKHL 2001 13.html UKHL 13 , 2001 IRLR 279 judges prior actions subsequent actions opinions transcripts keywords Unfair dismissal, injury to feelings, compensation, contract of employment Johnson v Unisys Limited 2001 http www.bailii.org uk cases UKHL 2001 13.html UKHL 13 is a leading UK labour law case on the measure of damages for unfair dismissal and the nature of the contract of employment. Facts After twenty years of working for Unisys Ltd in Milton Keynes , in 1994 Mr Johnson was dismissed for an alleged irregularity in his work. He suffered a mental breakdown, drank heavily, was admitted to mental hospital , could not find a new job despite over 100 applications and at age 52 was unlikely to have a promising future career. He claimed that he was unfairly dismissed, and that the manner of his dismissal, which was summarily without the chance of a fair hearing and with one month s pay in lieu only, caused his health problems. He sought compensation for unfair dismissal, and in addition for the manner of dismissal given the employer s breach of mutual trust and confidence . Judgment The House of Lords held that while Mr Johnson had been dismissed unfairly there could be no compensation for the manner of Mr Johnson s dismissal if that would exceed the statutory scheme laid out in the Employment Rights Act 1996 and the accompanying limits on compensation that could be sought through the system of employment tribunals. While a common law right to full compensation for breach of contract might exist, it could not circumvent the intention of Parliament in laying down limits to compensation for dismissals. In the course of his judgment Lord Hoffmann made some important remarks on the contract of employment. ref .... See also Clist wrongful dismissal UK labour law Notes refs 2 References External links Category ... more details
Infobox Court Case name Twinsectra Ltdv Yardley court House of Lords image Godalming PepperpotLight.jpg date decided 21 March 2002 full name citations 2002 http www.bailii.org uk cases UKHL 2002 12.html UKHL 12 , 2002 2 AC 164 , 2002 2 All ER 377 judges Lord Slynn , Lord Steyn , Lord Hoffmann , Lord Hutton and Lord Millett prior actions subsequent actions opinions transcripts keywords http www.publications.parliament.uk pa ld200102 ldjudgmt jd020321 yardle 1.htm Full text from parliament.uk Twinsectra Ltdv Yardley 2002 http www.bailii.org uk cases UKHL 2002 12.html UKHL 12 is a leading case in English trusts law . It provides authoritative rulings in the areas of Quistclose trust and dishonest assistance . Facts Mr Paul Leach, a solicitor in Godalming , acted for Mr Yardley in the purchase of a property for which financing was required. Barclays Bank had initially agreed to provide the financing, but there were delays in obtaining the loan. As a result, alternative financing was obtained from Twinsectra Ltd. Twinsectra required Leach to provide an undertaking to the effect that he would guarantee the payment of the loan. Leach refused, but another solicitor, Sims, agreed. Later, the loan from Barclays Bank came through, and the Twinsectra loan was no longer required for the property ... uses. When Yardley defaulted on the loan and Sims went bankrupt, Twinsectra Ltd sued Leach for dishonest ... Brunei Airlines v Tan to have articulated a combinest test for a person to be held liable as an accessory to a breach of trust, he had to have acted dishonestly by the ordinary standards of reasonable and honest people and have been himself aware that by those standards he was acting dishonestly. He ... ordinary standards of honest behaviour in order to be liable for dishonest assistance. He rejected ... of civil liability. The objective test is in accordance with Barnes v Addy and the traditional ... was dishonest. See also English trusts law Royal Brunei Airlines Sdn Bhd v Tan 1995 2 AC 378 Notes ... 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 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 ... 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 ... person would understand, following ICS v West Bromwich BS . There was no limit to the amount of red ... 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 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
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