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1 – 10 of 62L.J. Russell, L.J. Salmon and L.J. Megaw
November 14, 1969 Contract — Construction — Supply of gas — Indemnity — Consumers to indemnify gas board against claims for injury or damage “caused by any action … of the…
Abstract
November 14, 1969 Contract — Construction — Supply of gas — Indemnity — Consumers to indemnify gas board against claims for injury or damage “caused by any action … of the consumers, their servants or agents whether arising directly or indirectly out of the supply of any gas or apparatus” — Escape of gas from faulty main — Explosion touched off by act of consumers' employee — Negligence — Board mainly liable v Whether entitled to be indemnified for own negligence.
Edmund Davies, L.J. Megaw and L.J. James
February 27, 1973 Factory — Statutory duty — Fume — Inhalation of low concentrations of oxides of nitrogen over prolonged period — Chronic lung illness — Employers' constructive…
Abstract
February 27, 1973 Factory — Statutory duty — Fume — Inhalation of low concentrations of oxides of nitrogen over prolonged period — Chronic lung illness — Employers' constructive knowledge of health hazard — Medical and other publications — Whether sufficiently indicating health hazard from 1965 onwards — Factories Act, 1961 (9 & 10 Eliz. II, c. 34), s. 63 (1).
L.J. Russell, Edmund Davies and L.J. Megaw
January 27, 1970 Mines Quarry — Dangerous machinery — Moveable bar on tractor — Four‐inch nip when bar fully raised — Tractor being removed from pit by attaching dragline to bar …
Abstract
January 27, 1970 Mines Quarry — Dangerous machinery — Moveable bar on tractor — Four‐inch nip when bar fully raised — Tractor being removed from pit by attaching dragline to bar — Slip by employee trapping foot in nip — Whether a “dangerous” exposed part of machinery — Whether duty to fence — Dragline not long enough to reach if tractor on level ground — Tractor backed short way up slope of pit — Whether failure to provide longer dragline breach of statutory or common law duty — Mines and Quarries Act, 1954 (2 & 3 Eliz.II, c.70), ss. 82(1), 115.
L.J. Russell, L.J. Salmon and L.J. Megaw
October 27, 1969 Redundancy — Dismissal — Employee loaned to another firm — Employee's insurance and tax documents transferred to other firm without his knowledge — Employee paid…
Abstract
October 27, 1969 Redundancy — Dismissal — Employee loaned to another firm — Employee's insurance and tax documents transferred to other firm without his knowledge — Employee paid by other firm — Whether “dismissal” — Whether employee entitled to terminate contract “by reason of the employer's conduct” — Whether question of law — Redundancy Payments Act, 1965 (c.62), ss. 1, 3 (1) (c).
M.R. Denning, Edmund Davies and L.J. Megaw
January 28,1971 Trade union — Rules — Discretion conferred on domestic tribunal to approve or disapprove elected shop steward — Committee decision not to endorse elected shop…
Abstract
January 28,1971 Trade union — Rules — Discretion conferred on domestic tribunal to approve or disapprove elected shop steward — Committee decision not to endorse elected shop steward — One of three reasons given erroneous and defamatory of shop steward — Action for declarations and damages — Finding by trial judge that bad reason played no part in committee's decision — Appellate court bound by judge's finding — Whether decision not to approve election within committee discretion.
M.R. Denning, Fenton Atkinson and L.J. Megaw
May 6, 1970 Docks — “De‐casualisation scheme” — Timber loaded on lorries after storage in dock area on removal from ship — Piling of timber at importer's yard “in vicinity of”…
Abstract
May 6, 1970 Docks — “De‐casualisation scheme” — Timber loaded on lorries after storage in dock area on removal from ship — Piling of timber at importer's yard “in vicinity of” Cardiff dock estates — Whether “dock work” — Whether timber still “cargo” — Dock Workers (Regulation of Employment) Act, 1946 (9 & 10 Geo. VI, c. 22), s. 6 — Docks and Harbours Act, 1966 (c. 28), ss. 51(3), 58 — Dock Workers (Regulation of Employment) (Amendment) Order, 1967 (S.I. 1967, No. 1252), Sch. 2, cl. 1 (3) proviso, App. 1.
Diplock, L.J. Widgery and L.J. Megaw
January 15, 1970 Redundancy — Calculation of payment — Continuity of employment — Absence from work — “Temporary cessation of work” — Employment taken until temporary cessation…
Abstract
January 15, 1970 Redundancy — Calculation of payment — Continuity of employment — Absence from work — “Temporary cessation of work” — Employment taken until temporary cessation terminated — Other employment intended to bridge gap — Re‐engagement when work available — Whether absence on account of temporary cessation — Whether employment continuous — Contracts of Employment Act, 1963 (c. 49), Sch. 1, para. 5 (1) (b) — Redundancy Payments Act, 1965 (c. 62), s. 1 (1). Sch. 1, para. 1 (1).
M.R. Denning, L.J. Sachs and L.J. Megaw
July 30, 1970 Trade union — Membership — Breach of contract by wrongful termination — Measure of damages — Actual loss to date of assessment — Future loss, how estimated? — Duty…
Abstract
July 30, 1970 Trade union — Membership — Breach of contract by wrongful termination — Measure of damages — Actual loss to date of assessment — Future loss, how estimated? — Duty to mitigate — Union rules giving arbitrary power over temporary members — Effect on man's right to work — Whether invalid.
L.J. Sachs, L.J. Megaw and L.J. Lawton
October 31, 1972 Negligence — Duty of care — Manufacturer — Purchaser's employees exposed to chemical containing carcinogen — Whether danger foreseeable.
Donovan, Viscount Dilhorne, Pearson, Diplock and Cross of Chelsea
May 25, 1971 Docks — “De‐casualisation scheme” — Timber loaded on lorries after storage in dock area on removal from ship — Piling of timber at importer's yard “in vicinity of”…
Abstract
May 25, 1971 Docks — “De‐casualisation scheme” — Timber loaded on lorries after storage in dock area on removal from ship — Piling of timber at importer's yard “in vicinity of” Cardiff dock estates — Whether “dock work” — Whether timber still “cargo” — Dock Workers (Regulation of Employment) Act, 1946 (9 & 10 Geo. VI, c. 22), s.6 — Docks and Harbours Act, 1966 (c. 28), ss. 51(3), 58 — Dock Workers (Regulation of Employment) (Amendment) Order, 1967 (S.I. 1967, No. 1252), Sch. 2, cl. 1 (3) proviso, App. 1.