Employment Victimisation. The Employment Appeal Tribunal remitted the employees' claim to the employment tribunal to be reheard, where the employer had failed to prove that, on the balance of probabilities, the relevant act or deliberate failure had not been done on the ground that the worker had made a protected disclosure. In order to satisfy that burden, the employer would have to prove that the protected act had played no more than a trivial part in the application of the detriment.
Contract Enforceability. Chancery Division: In a dispute concerning the validity and applicability of linked clauses in a master licence agreement and a joint venture agreement, the court ruled that the clauses had been extinguished after the parties entered into a new agreement after the automatic termination of the master licence agreement in issue.
Conflict of laws Jurisdiction. Commercial Court: On the true construction of agreements between the parties concerning equities and foreign exchange trading, there was no contractual bar to the claimants bringing a claim for sums allegedly due under various contracts in London.
Local authority Negligence. Queen's Bench Division, Technology and Construction Court: In group litigation proceedings brought by 18 claimants, who had all suffered birth defects and who had been born between 1986 and 1999, the court found that Corby Borough Council, and its statutory predecessor Corby District Council, was liable in public nuisance, negligence and breach of statutory duty.
Charging order Judgment debt. Court of Appeal, Civil Division: The court ruled that the legislative policy underlying s346(1) of the was that a creditor who had issued execution against the land of a person who was adjudged bankrupt was not entitled, as against the trustee in bankruptcy, to retain the benefit of that execution unless the execution was completed before the commencement of the bankruptcy; that was to say, unless the execution was completed before the bankruptcy order was made.
Contract Construction. Queen's Bench Division, Commercial Court: Where the parties had entered into three agreements regarding the transmission of television programmes on a terrestrial television, ITV, which provided for a fee to be paid to the claimant if the programme was to be repeated on that channel, the claimant was not entitled to a repeat fee since the repeat programmes had been transmitted on digital television channels ITV2 and ITV3 which had not been provided for in the agreement.
Employment Continuity. Employment Appeal Tribunal: The employment tribunal had correctly approached the issue of whether there had been a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006, , and had been entitled to conclude that, in the circumstances of the instant case, there had been such a transfer.
Arbitration Award. Chancery Division: The claimant landlord's application, pursuant to of the Arbitration Act 1996, challenging the arbitration award of the second defendant arbitrator in a rent review dispute between the landlord and the first defendant tenant, was dismissed, where a refusal to order disclosure of documents by the tenant had not amounted to a serious irregularity affecting the tribunal within s 68 of the 1996 Act.
Negligence Duty of care. In dealing with issues of liability arising out of the Buncefield explosion in December 2005, the court ruled, inter alia, that where there had been negligence on the part of the defendant, the defence of consent to Rylands v Fletcher was not available.
Contract Construction. Chancery Division: The claimant company's claim for specific performance of an agreement for the grant to the defendant of underleases of the premises in question was dismissed on the basis that the defendant company having served a valid notice to terminate the agreement, pursuant to para 11 of Sch 7, it was not obliged to complete the underleases.