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1 – 10 of 13Wilberforce, Simon of Glaisdale, Cross of Chelsea, Kilbrandon and Salmon
July 25, 1973 Master and Servant — Offices, shops, etc. premises — Telephone exchange — Lift motor room — Notice on door stating that only authorised attendant permitted to enter…
Abstract
July 25, 1973 Master and Servant — Offices, shops, etc. premises — Telephone exchange — Lift motor room — Notice on door stating that only authorised attendant permitted to enter — Room occasionally used by other employees as route to roof — Employee fatally injured while in room — Floor not of sound construction — Breach of statutory duty — Claim for damages by employee's estate — Whether employer liable — Contributory negligence — Whether employee guilty of — Offices, Shops and Railway Premises Act, 1963 (c.41), ss.l(1),(2), 16(1).
Reid, Morris of Borth‐y‐Gest, Pearson, Simon of Glaisdale and Salmon
June 28, 1972 Limitation of action — Asbestosis — Workman contracting insidious disease over number of years through employers' breach of statutory duty — Action commenced more…
Abstract
June 28, 1972 Limitation of action — Asbestosis — Workman contracting insidious disease over number of years through employers' breach of statutory duty — Action commenced more than one year after giving up work — Lack of knowledge that disease attributable to breach of duty — Whether workman entitled to bring action outside period — Limitation Act 1963 (c.47) ss. 1(3), 7(3).
Reid, Morris of Borth‐y‐Gest, Viscount Dilhorne, Simon of Glaisdale and Kilbrandon
March 27, 1974 Factory — Safety — Employee painting heavy object — Assistance available for turning it over — No instructions to seek assistance — Injury through handling without…
Abstract
March 27, 1974 Factory — Safety — Employee painting heavy object — Assistance available for turning it over — No instructions to seek assistance — Injury through handling without assistance — Employer's breach of statutory duty — Factories Act, 1961 (9 & 10 Eliz. II c.34), s.72(1).
Viscount Dilhorne, Hailsham of St. Marylebone, Simon of Glaisdale, Kilbrandon and Salmon
June 13, 1974 Master and Servant — Redundancy — Dismissal for redundancy — Redundancy payment — Computation of period of continuous employment — Transfer of business on…
Abstract
June 13, 1974 Master and Servant — Redundancy — Dismissal for redundancy — Redundancy payment — Computation of period of continuous employment — Transfer of business on undertaking — Contracts of Employment Act, 1963 (c. 49), Sch. 1 para. 10 (2) — Redundancy Payments Act, 1965 (c. 62), ss. 1, 3(1), (2), 13 (2), 24, Sch. 1, para. 1.
Reid, Morris of Borth‐y‐Gest, Diplock, Simon of Glaisdale and Kilbrandon
March 15, 1972 Revenue — Selective employment tax — Premium — Manufacturers of plant — Sites for construction, erection and repair of plant — Regional employment payments — Main…
Abstract
March 15, 1972 Revenue — Selective employment tax — Premium — Manufacturers of plant — Sites for construction, erection and repair of plant — Regional employment payments — Main establishment within development area — Sites of work outside development area — Whether employment of employees on sites carried out in or from establishment wholly within development area — Selective Employment Payments Act, 1966 (c.32), s.l (1), (2), — Finance Act, 1967 (c.54), s.26(l) — Revenue Act, 1968 (c.l1), s.l(2).
Reid, Morris of Borth‐y‐Gest, Hodson, Simon of Glaisdale and Cross of Chelsea
December 13, 1972 Docks — Port Talbot — “Dock estate” — Meaning — New harbour and jetty built adjacent to old harbour — Whether part of port of Port Talbot — “Dock work” …
Abstract
December 13, 1972 Docks — Port Talbot — “Dock estate” — Meaning — New harbour and jetty built adjacent to old harbour — Whether part of port of Port Talbot — “Dock work” — Discharging ore involving work with unloaders and belt conveyor system — Work not previously performed by registered dock workers — “Cargo” — “Discharging from ship” — Meanings — Dock Labour Scheme for the South Wales Ports (1942) App. (4) — Port of Port Talbot Registration Amended Scheme (1943) Sch. para. 1(1)(a) — Dock Workers (Regulation of Employment) Act, 1946 (9 & 10 Geo. VI, c.22), s. 6 — Dock Workers (Regulation of Employment) (Amendment) Order, 1967 (S. 1. 1967, No. 1252), Sch. 2, App. 1M(4).
Reid, Wilberforce, Simon of Glaisdale, Kilbrandon and Salmon
November 15, 1972 Negligence — Duty of care — Brick kiln — Workman exposed to dust — Dermatitis contracted — No washing facilities provided — Material increase in risk of…
Abstract
November 15, 1972 Negligence — Duty of care — Brick kiln — Workman exposed to dust — Dermatitis contracted — No washing facilities provided — Material increase in risk of contracting disease — Material contribution to contracting disease — Employers' liability.
In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still…
Abstract
In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still be covered by the Act if she were employed on like work in succession to the man? This is the question which had to be solved in Macarthys Ltd v. Smith. Unfortunately it was not. Their Lordships interpreted the relevant section in different ways and since Article 119 of the Treaty of Rome was also subject to different interpretations, the case has been referred to the European Court of Justice.
Attempts to analyse the role of the judge in interpreting statute law. Looks at the traditional British rules of interpretation, presumptions and jurisprudential policy in the…
Abstract
Attempts to analyse the role of the judge in interpreting statute law. Looks at the traditional British rules of interpretation, presumptions and jurisprudential policy in the construction of statutes. Examines the dramatics change of attitude by British judges necessitated by European law and provides some thoughts on the interpretation and construction of enactments by judges. Continues by covering the judge’s interpretation of common law through the doctrine of judicial precedent, with regard to the hierarchy of the courts and persuasive precedents. Cites a number of case examples.
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Denning, L.J. Buckley and L.J. Roskill
February 19, 1974 National Insurance — Industrial injuries benefit — Disablement benefit — “Finality” of medical decisions — Workman injuring knee — Successive assessments by…
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February 19, 1974 National Insurance — Industrial injuries benefit — Disablement benefit — “Finality” of medical decisions — Workman injuring knee — Successive assessments by medical boards and medical appeal tribunals relating to specific periods — Third medical board awarding 50 per cent benefit for life — Third medical appeal tribunal accepting surgeon's report suggesting malingering and discharging assessment — Whether medical decisions final when made for specific periods — Whether proceedings contrary to natural justice or made without due inquiry — National Insurance (Industrial Injuries) Act, 1965 (c.52) s.50(l) — National Insurance (Industrial Injuries) (Determination of Claims and Questions) No. 2 Regulations, 1967 (S.I. 1967 No. 1571), regs. 12,19(2).