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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: uk supreme court Year: 2011 Page 1 of about 106 results (0.229 seconds)

Dec 14 2011 (FN)

Edwards (Respondent) Vs. Chesterfield Royal Hospital Nhs Foundation Tr ...

Court : UK Supreme Court

Decided on : Dec-14-2011

..... parliament. 44. that is not to say that an employer who starts a disciplinary process in breach of the express terms of the contract of employment is not acting in breach of contract. he plainly is. if that happens, it is open to the employee to seek an injunction to stop the process and/or ..... that claims such as those made by mr edwards and mr botham would have been available as common law claims for breach of contract before the enactment of the 1971 act and that neither that statute nor its successors should be interpreted as having taken away existing rights enjoyed by employees. 43. the answer ..... . at para 23 of his judgment he said: " the ratio is that the common law does not imply into a contract of employment a term that the employer will not act unfairly towards the employee in relation to his dismissal and that the courts are not at liberty to develop the common law ..... employer to decide which disciplinary route should be followed, but that the decision should be in accordance with the contract. if a non-conforming decision was taken and acted upon, "there is a breach of contract resulting in the usual remedies". lord steyn expressed his agreement with what hale lj had said in saeed. but ..... the unfair manner in which he was dismissed. no example was cited to us of any case decided before the 1971 act in which an employee was awarded damages for breach of contract for the unfair manner in which he had been dismissed. in these circumstances, i cannot accept that an application of .....

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Nov 09 2011 (FN)

Berrisford (Fc) (Appellant) Vs. Mexfield Housing Co-operative Limited ...

Court : UK Supreme Court

Decided on : Nov-09-2011

..... rights of determination in clauses 5 and 6. 46. section 149(6) provides: "any lease .. . at a rent .. . for life .. . or any contract therefor, made before or after the commencement of this act, .. . shall take effect as a lease .. . or contract therefor, for a term of 90 years determinable after the death .. . of the original lessee .. . by at least one month's notice ..... him (at paras 43 to 54) that the effect of section 149(6) of the law of property act, which applies to arrangements made before and after the 1925 act came into force, is that the lease for life is converted to a lease or contract for a term of 90 years determinable on ms berrisford's death. 112. for these reasons, which ..... come to an end. his claim failed because the court found that "by the meaning of [the] parties the contract was intended to be a perpetual right to the tenant and his successors". this did not meet the requirements of the 1449 act, and it was admitted that the tenant would not have been able to enjoy that right in a question ..... for life at common law or a tenancy for 90 years under section 149(6) of the 1925 act. in the light of what i have already said and on the law as it stands, this is an impossible hypothesis, since such a contract could not give rise to what the law would regard as a tenancy; it could however take effect .....

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Jul 27 2011 (FN)

Belmont Park Investments Pty Limited (Respondent) Vs. Bny Corporate Tr ...

Court : UK Supreme Court

Decided on : Jul-27-2011

..... 758 other than in the dissenting speech of lord morris (at p 771), who used it in support of the proposition that a right in a contract is not defeated by the commission of an act of bankruptcy before the contractual right is exercised. the view of the majority was that the netting-off in the clearing house which occurred after the ..... them was ineffective as against the liquidator of one of the companies, british eagle. all members of the house upheld the principle that contracting out of the pari passu provisions of what was then section 302 of the companies act 1948 was contrary to public policy and void. the difference between the majority and minority related largely (but not exclusively) to the ..... assistance to saphir or noteholders in this situation. there will be no default unless lbsf would lose money by continuing the contract. 179.i see no reason therefore why the law should preclude a commercial party in the position of saphir (acting for the benefit of noteholders) from insisting that it would only provide the desired cover so long as lbsf was ..... bankruptcy: "a bankrupt is usually insolvent before he commits an act of bankruptcy. first he becomes insolvent, and then bankrupt; and if that construction were to prevail the bankrupt laws might, in all cases, be defeated." (p 215) executory contracts 100.it is a very common provision in commercial contracts that performance may be withheld in the case of the other party's .....

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Oct 12 2011 (FN)

Axa General Insurance Limited and Others (Appellants) Vs. the Lord Adv ...

Court : UK Supreme Court

Decided on : Oct-12-2011

..... obligations to his creditors were modified, the court stated (para 68) that neither the convention nor its protocols preclude the legislature from interfering with existing contracts.in the present case, section 4(3) of the 2009 act expressly excludes from the effect of sections 1 and 2 any claim which was settled before section 4(2) came into force, and any legal ..... worldwide. the respondents accepted that this policy is and others are likely to be subject to english, rather than scottish, law. a scottish act will not on the face of it change the legal effect of an english insurance contract, even in scotland. however, depending upon the particular policy language, the scope of the concept of bodily injury under a worldwide policy ..... on the actionablity of pleural plaques had been settled by judicial decision when the policies were written. the effect of the act would have been to reverse the settled law after the date when the insurers committed themselves by their contract to indemnify. as it is, the question whether they amounted to bodily injury or a disease remained open then and for ..... b ck v finland(2004) 40 ehrr 1184, para 68 where the court said: "turning to the retroactive effect of the 1993 act, the court notes that neither the convention nor its protocols preclude the legislature from interfering with existing contracts. the court considers that a special justification is required for such interference, but accepts that in the context of the 1993 .....

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Jul 06 2011 (FN)

Nml Capital Limited (Appellant) Vs. Republic of Argentina (Respondent)

Court : UK Supreme Court

Decided on : Jul-06-2011

..... to the convention. the original bill followed closely the structure of the ecsi. its scope was, however, significantly enlarged by amendment. the ecsi only applies as between contracting states. the 1978 act was expanded so as to apply to all states. the ecsi does not give effect to the restrictive doctrine of sovereign immunity. article 24 provides, however, that any ..... so-called bonds amount to nothing more than engagements of honour, binding, so far as engagements of honour can bind, the government which issues them, but are not contracts enforceable before the ordinary tribunals of any foreign government without the consent of the government of that country." 102.by the beginning of the 20th century only a few countries ..... states not party to the present convention. such declaration shall be without prejudice to the immunity from jurisdiction which foreign states enjoy in respect of acts performed in the exercise of sovereign authority (acta jure imperii ..... state may declare that its courts shall be entitled to entertain proceedings against another contracting state to the extent that its courts are entitled to entertain proceedings against .....

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Feb 09 2011 (FN)

Brent London Borough Council and Others (Harrow London Borough Council ...

Court : UK Supreme Court

Decided on : Feb-09-2011

..... as interested parties. secondly, in separate proceedings in the queen's bench division, rmp claimed damages against brent on the basis that by entering into insurance contracts under the mutual insurance scheme it had acted in breach of the 2006 regulations. by a judgment delivered on 22 april 2008 stanley burnton lj declared that brent had no power under either section 111 ..... , as the teckal exemption applies to the 2006 regulations and the arrangements between laml and the london local authorities satisfy both tests, harrow did not act in breach of the regulations when it entered into insurance contracts with laml under the mutual insurance scheme. is a reference required? i would hold that the answers to be given to issue (2) and the ..... ] ewhc 692 (admin); [2008] lgr 331. by a further judgment delivered on 16 may 2008 stanley burnton lj held that brent had acted in breach of the 2006 regulations when it abandoned the tender process and awarded the insurance contracts to laml: [2008] ewhc 1094 (admin); [2008] lgr 429. his judgment in that action was confined to the issue of liability. he ..... . there are currently six other actions for damages pending in the high court against local authorities who contracted with laml. they have been stayed pending this appeal. the public contracts regulations 2006 the 2006 regulations were made under section 2(2) of the european communities act 1972. they give effect to council directive 2004/18/ec of 31 march 2004 on the coordination .....

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Apr 06 2011 (FN)

Farstad Supply a/S (Respondent) Vs. Enviroco Limited (Appellant)

Court : UK Supreme Court

Decided on : Apr-06-2011

..... so merely because the shares in it were charged to a scottish bank. but the court is in no position to re-write the contract for the parties. thus if the parties had been alive to the possibility and had been presented with it, it is by no ..... in section 258(2) (that is, all except the criterion of dominant influence by virtue of the memorandum or articles or of a control contract: section 258(2)(c), and see also section 258(4) for the criteria of actual dominant interest and unified management). section 736a contained provisions ..... to a scottish bank. to oversimplify considerably, a major question on the appeal is whether, for the purposes of the statutory provision and the contract, the putative holding company remained a "member" notwithstanding that the shares which it owned were charged to, and registered in the name of, the ..... the statutory definition of "subsidiary" is incorporated by reference in other legislation (e.g. transport act 2000, section 65; enterprise act 2002, section 223; energy act 2004, section 196). incorporation of the statutory definition in commercial contracts (of which this case is an example) is very common. in this case it has ..... sussex brick company [1904] 1 ch 598 (retrospective rectification of register did not invalidate notices). ever since the companies clauses consolidation act 1845 and the companies act 1862 membership has been determined by entry on the register of members. the companies legislation proceeds on that basis and would be unworkable .....

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Jul 27 2011 (FN)

Autoclenz Limited (Appellant) Vs. Belcher and Others (Respondents)

Court : UK Supreme Court

Decided on : Jul-27-2011

..... lord hope, lord walker, lord collins and lord wilson agree introduction 1. the appellant ("autoclenz") provides car-cleaning services to motor retailers and auctioneers. it has contracts with british car auctions ("bca") for cleaning vehicles at a number of different places. the respondents ("the claimants") are 20 individual valeters who at the relevant ..... question is whether the claimants were workers within regulation 2(1) of the nwmr, which adopted the definition in section 54(3) of the national minimum wage act 1998, and in regulation 2(1) of the wtr. the definition of worker is in materially identical terms in both sets of regulations as follows: "... 'worker ..... the transaction between the parties was a sham. "i apprehend that, if it [ie the concept of sham] has any meaning in law, it means acts done or documents executed by the parties to the 'sham' which are intended by them to give to third parties or to the court the appearance of ..... ) which the parties intend to create. but one thing, i think, is clear in legal principle, morality and the authorities that for acts or documents to be a 'sham', with whatever legal consequences follow from this, all the parties thereto must have a common intention that the ..... acts or documents are not to create the legal rights and obligations which they give the appearance of creating." i would accept the submission .....

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Jun 15 2011 (FN)

Parkwood Leisure Limited (Respondent) Vs. Alemo-herron and Others (App ...

Court : UK Supreme Court

Decided on : Jun-15-2011

..... court) has interpreted paragraph 613a of the bgb stating that, under the second sentence, the collectively agreed rules become a constituent part of the contract of employment with the content that they possess at the time when the business is transferred and subsequent amendments are not relevant, because a ..... 2(1). regulation 5(4a), which was inserted by section 33(4)(c) of the 1993 act, provided that paragraphs (1) and (2) were not to operate to transfer the employee's contract of employment and the rights, powers, duties and liabilities under or in connection with it if he ..... 8. the advocate general acknowledged that, under german employment law, a contract of employment may refer to other instruments such as collective agreements which have not necessarily been concluded by the contracting parties: para 30. these clauses act statically or dynamically, depending on whether they refer to a specific agreement ..... with a trade union recognised by the transferor in respect of any employee whose contract of employment is preserved by regulation 5(1) above, then (a) without prejudice to section 18 of the 1974 act or article 63 of the 1976 order (collective agreements presumed to be unenforceable in ..... a) and (b) of the trade union reform and employment rights act 1993, provided: "(1) except where objection is made under paragraph (4a) below, a relevant transfer shall not operate so as to terminate the contract of employment of any person employed by the transferor in the undertaking or .....

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Apr 13 2011 (FN)

Baker (Respondent) Vs. Quantum Clothing Group Limited (Appellants) and ...

Court : UK Supreme Court

Decided on : Apr-13-2011

..... house of lords and to the speech of lord hope, with whom the other members of the house agreed, in r v chargot ltd (trading as contract services) [2008] ukhl 73, [2009] 1 wlr 1. as i read lord hope's judgment in that case, the central issue was whether in ..... not thereby exposed to risks to their health or safety. the concept of safety was considered in this context in r v chargot ltd (trading as contract services) [2008] ukhl 73 [2009] 1 wlr 1. lord hope, with whose speech all other members of the house agreed, said that the legislation ..... time that the damage occurred. therefore, when lord hope in r v chargot ltd (trading as contract services) [2008] ukhl 73; [2009] 1 wlr 1, 12-13 said that the health and safety at work etc act 1974 was "not contemplating risks which are trivial or fanciful", and that the statutory framework was ..... that "at present there is no legislation requiring the control of noise in factories, nor is occupational deafness prescribed under the national insurance (industrial injuries) act 1965. the problem was examined in detail by the wilson committee, whose report was published in 1963. they concluded that the knowledge then existing was ..... or injury to well-being suffered by an employee. hearing loss, at least of the nature presently in issue, falls most naturally into this latter category. the 1961 act is divided into parts, the first four being headed (i) health (general provisions), (ii) safety (general provisions), (iii) welfare (general provisions) and (iv) .....

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