• Prison Officers Association and others v Nottinghamshire Healthcare NHS Trust

    An originating application issued by a trade union on behalf of its members without authority was not a nullity where it was ratified by those members after the applicable period of limitation for the claim had expired.

    [2003] All ER (D) 136 (May) | Fri, 4/04/2003

  • Landmaster Properties Ltd v Thackery Property Service Ltd

    The hearing date was the relevant date for the purposes of s1 of the 1938 Act. However, the ground of special circumstances contained within s1(5)(e) could include whether any of the other grounds in s1(5) were satisfied at the commencement of...

    [2003] All ER (D) 86 (Apr) | Fri, 4/04/2003

  • Secretary of State for Defence v Pensions Ombudsman and another

    On the true construction of reg 3090(1) of the Queen's Regulations for the Royal Air Force in order to 'be awarded an attributable family pension', an applicant had to be an 'eligible survivor' of 'an officer or airman' who had died 'from causes...

    [2003] All ER (D) 79 (Apr) | Fri, 4/04/2003

  • R v Clark

    The defendant's conviction for an offence of doing an act tending or intended to pervert the course of justice was unsafe because the judge had wrongly rejected a submission of no case to answer.

    [2003] All ER (D) 87 (Apr) | Fri, 4/04/2003

  • Alamo Housing Co-operative Ltd v Meredith and others

    The effect of an exception in a clause of a lease granted by a local housing authority to a housing association was to confer on the housing association a continuing right to possession for the purpose of evicting subtenants, so as to hand the...

    [2003] All ER (D) 70 (Apr) | Fri, 4/04/2003

  • Barton v Investec Henderson Crosthwaite Securities Ltd

    The Employment Appeal Tribunal laid down fresh guidance in respect of the burden of proof in sex discrimination claims in light of statutory changes brought about by Council Directive 97-80-EC and effected by s63A of the .

    [2003] All ER (D) 61 (Apr) | Thu, 3/04/2003

  • Actionstrength Ltd (trading as Vital Resources) v International Glass Engineering IN.GL.EN SpA and another

    In seeking to show inducement or encouragement the claimant could rely on nothing beyond the oral agreement of the second defendant which, in the absence of writing, was rendered unenforceable by s4 of the Frauds Act 1677. The estoppel which the...

    [2003] All ER (D) 69 (Apr) | Thu, 3/04/2003

  • Nicholls v Greenwich London Borough Council

    The Local Government (Discretionary Payments) Regulations 1996, made pursuant to s7 of the were not framed so as to apply the new statutory cap on retirement gratuities retrospectively to a pre-existing entitlement, under a valid and binding contract...

    [2003] All ER (D) 48 (Apr) | Thu, 3/04/2003

  • Three Rivers District Council and others v The Governor and Company of the Bank of England (No 7)

    Legal advice privilege was a well-established category of legal professional privilege, but such privilege could not be claimed for documents communicated to a client or his solicitor for advice to be taken upon them, only to communications passing...

    [2003] All ER (D) 59 (Apr) | Thu, 3/04/2003

  • Re O and N (children) (non accidental injury) Re B (children) (non accidental injury)

    In 'uncertain perpetrator' cases on applications for care orders, the correct approach was for the judge conducting the disposal hearing to have regard, to whatever extent was appropriate, to the facts found by the judge at the preliminary hearing....

    [2003] All ER (D) 64 (Apr) | Thu, 3/04/2003