Negligence Duty to take care. The claimant was seriously injured when his bicycle was struck by a police car. In the course of the claimant's action for damages against the defendant Metropolitan Police Commissioner, the Queen's Bench Division considered liability for the accident. On the evidence, the police car had struck the claimant from behind and had been driven without such care and skill as had been reasonable in all the circumstances, and, but for the breach of duty, the injury to the claimant would not have occurred. In the circumstances, the defendant was liable for the accident.
Family provision Property available for financial provision. The proceedings concerned preliminary questions which related to the husband and wife's respective interests in three properties. The Family Division, having considered the evidence and authority on resulting and constructive trusts, made findings as to each of the three properties.
Employment Contract of service. The employee brought claims before the employment tribunal for, among other things, breach of an implied term to notify her of her pension rights. The tribunal dismissed the claim. The Employment Appeal Tribunal, dismissing the employee's appeal, held that the tribunal had made a factual decision on the question of reasonableness of the steps taken by the employers to inform their staff of their pensions rights which had not been perverse or erroneous in law.
European Union Employment. In determining the level of pension to which the employee, a retired part-time recorder, was entitled, the Employment Appeal Tribunal held that the employee's rights in respect of the level of his pension had begun with the date for the transposition of Council Directive (EC) 97-81 (concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC) into domestic law, namely 7 April 2000. The employee could not rely on the accrual of pension rights before that date, because he had enjoyed no such rights at that time, save in respect of any period needed for qualifying for access to a pension.
Police Pensions. The claimant's father was a police officer and she was conceived before, but born after, his death. The defendant Metropolitan Police Commissioner refused to pay the claimant a child allowance, under the Police Pensions Regulations 1987, , as she had been born after her father's death and her parents had not been married. The claimant issued proceedings, contending that such discrimination was unlawful. The Queen's Bench Division, in allowing the claim, held that the discrimination in question could not be justified on objective and reasonable grounds. Accordingly, it declared that the claimant was entitled to an ordinary allowance under the Regulations.
Pension Pension scheme. The Chancery Division construed a deed of adherence in relation to the Honda Group UK Pension Scheme. The court dismissed the employers' claim for a declaration that would have meant that the benefit scale for certain employees would be less generous in certain respects than the benefit scale provided for other employees and where the additional cost of providing benefits would be around 47m.
Pension Pension scheme. The claimant company sought a declaration as to the construction of an amendment in the governing provisions of an occupational pension scheme. The Chancery Division, in allowing the application, held that the amendment would be interpreted as raising the normal retirement date of female members of the scheme from 60 to 65.
European Union Employment. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of arts 1 and 8 of Directive (EC) 2008-94 of the European Parliament and of the Council of 22 October 2008 (on the protection of employees in the event of the insolvency of their employer). The request had been made in proceedings between Mr Hogan and other former employees of Waterford Crystal Ltd (Waterford Crystal), the plaintiffs in the main proceedings, and the Minister for Social and Family Affairs, Ireland and the Attorney General concerning the transposition of that Directive.
European Union Social Security. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of arts 1(r) and 46 of Council Regulation (EEC) 1408-71 of the Council of 14June 1971 (on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community), in the version amended and updated by Council Regulation (EC) 118-97 of 2December 1996 (OJ 1997 L 28, p. 1) (the Regulation).The request had been made in proceedings between M and the National Belgian Pensions Office concerning the failure to take into account, for the purpose of calculating his retirement pension in Belgium, a period of incapacity for work in respect of which he had received sickness insurance benefit in another member state, namely the Netherlands.
European Union Equal treatment in employment and occupation. The Court of Justice of the European Union made a preliminary ruling concerns the interpretation of art 11 of Council Regulation (EC) 1257-1999 of 17 May 1999 (on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF)) and amending and repealing certain Regulation and the general European Union law principles of equal treatment and non-discrimination. The request had been made in proceedings between Mrs Soukupov, a farmer, and the Ministerstvo zemdlstv (Czech Ministry of Agriculture), concerning the refusal of her application for registration under the scheme for support for early retirement from farming.