Employment Contract of service. The employees had had provisions of a collective agreement relating to the payment of 'porterage' incorporated in their terms of employment. When the collective agreement was terminated, new employees did not have its terms incorporated into their contracts and were not entitled to a share of the porterage. However, the employers retained a proportion of the porterage and used that towards the new staff members' salaries. The employees issued proceedings alleging unauthorised deductions from wages on the basis that they had been entitled to all of the porterage fees, whether earned by them or the new staff. Their claim was allowed by the employment tribunal, but the employer's appeal was allowed by the Employment Appeal Tribunal. The Court of Appeal, Civil Division, dismissed the employee's appeal, holding that, on the true construction of the collective agreement, it had referred to everyone who had undertaken the role of porter and not only those who had commenced after termination of the collective agreement.
Contract Variation. The Court of Appeal, Civil Division, upheld a decision that the claimants, who were employees of the first defendant bank, had been entitled to enforce a promise made by the bank that they would receive a retention bonus for the year 2008. The promise had amounted to a legal enforceable obligation on the bank to pay the bonus.
Easement Right of way. The Court of Appeal, Civil Division, held that a judge had been entitled to find that the claimants had established an interference with their right of way over a disputed parcel of land. The defendant had failed to adduce any evidence to support her contention that the land had been acquired by the local authority as a highway at public expense.
Agent Fiduciary duty. The claimant had pulled out of the purchase of a property. He had been represented in the transaction by a company and its defendant directors. Subsequently, the defendants purchased the property themselves, making use of the legal advice and valuation report that had been prepared for the claimant, and made a substantial profit. The claimant sought an account of profits for breach of fiduciary duty arising from misuse of his confidential information. The High Court rejected that claim, but awarded him nominal damages for the defendants use of the information. The Court of Appeal, Civil Division, dismissed the claimant's appeal, finding that, in the circumstances, the judge had been correct not to order an account of profits.
Costs Liability for costs. Following a judgment in favour of Deutsche Bank (Suisse) SA against defendants in respect of a bank loan, the Commercial Court held that the defendants were liable for costs on a joint and several basis and that the bank was entitled to costs on an indemnity basis.
Jurisdiction Concurrent proceedings. The Queen's Bench Division, Commercial Court, held that it was not necessary for the foreign process section of the Royal Courts of Justice to have received a French writ by both fax and post prior to the documents being deemed received for the purpose of art30(2) of Council Regulation (EC) 44-2001 (on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters). Either method sufficed. Accordingly, in circumstances where proceedings had been subsequently issued in England, the French court was the court first seized and the English proceedings would be stayed.
Equity Breach of confidence. The Court of Appeal, Civil Division, upheld a decision that it would be wholly wrong to strike out parts of the claimants' pleadings, submitted for the purposes of a remedies hearing.
Adoption Order. The Court of Appeal, Civil Division, held that a judge, in refusing a father's application for permission to oppose an adoption order, had displayed no error of law, no error of approach and had not exercised a flawed discretion.
European union Employment. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of arts 2(2)(a), 10(1) and 17 of Council Directive (EC) 2000-78 (establishing a general framework for equal treatment in employment and occupation). The reference had been made in proceedings between Asociaia ACCEPT (Accept) and the Consiliul National pentru Combaterea Discriminarii (National Council for Combatting Discrimination) (CNCD), concerning its decision partially dismissing a complaint lodged following public statements, made by a person who presented himself as and was considered by public opinion to play a leading role in a professional football club, ruling out the recruitment by that club of a footballer presented as being a homosexual.
Unlawful deduction from wages Jurisdiction. The employer's claim for unauthorised deduction from wages was upheld by the employment tribunal. The employer appealed on the ground that the tribunal had had no jurisdiction to make the orders it had made. In allowing the appeal, the Employment Appeal Tribunal held that the employment judge had had no jurisdiction to make the declarations which he had. In those circumstances, the judge's orders were set aside.