Court : House of Lords
lord nicholls of birkenhead my lords, 1. in october 1905 mr addis was abruptly and ignominiously dismissed as manager of the business of gramophone co ltd in calcutta. he sued his employer for wrongful dismissal, in proceedings which have cast a long shadow over the common law. mr addis was entitled to six months' notice. your lordships' house held that his damages were confined to loss of salary and commission for six months. he was not entitled to recover damages in respect of the 'manner of his dismissal' in the phrase of lord loreburn lc. the way mr addis was sacked may have imported obloquy and permanent loss in the commercial community of calcutta, but in respect of these matters he had no cause of action: addis v gramophone co ltd [1909] ac 488. 2. this was still settled law when the royal commission on trade unions and employers' associations, under the chairmanship of lord donovan, reported in 1968. protection at common law against 'wrongful' dismissal was strictly limited. the employer, as much as the employee, was entitled to end the contract of employment without cause. the employer could act unreasonably or capriciously. he was not bound to hear the employee before dismissing him: see the oft-quoted words of lord reid in malloch v aberdeen corporation [1971] 1 wlr 1578, 1581. in its report (cmnd 3623) the donovan commission recommended the law should be changed by 'early legislation'. statute should establish machinery to safeguard employees against unfair .....
Tag this Judgment!Court : House of Lords
lord nicholls of birkenhead my lords, 1. i have had the advantage of reading in draft the speeches of my noble and learned friends lord hoffmann, lord hope of craighead and lord carswell. for the reasons they give, with which i agree, i would dismiss this petition. lord hoffmann my lords, 2. naomi campbell sued the publishers of the daily mirror ("mgn") for breach of confidence. she alleged that they had published information in respect of which she was entitled to privacy. after a trial lasting five days in february 2002, morland j found the case proved and awarded her 3,500 damages and costs. this modest award reflected the fact that ms campbell conceded that her own conduct prevented her from objecting to the newspaper's most serious allegation, namely, that she had been addicted to drugs. her complaint concerned the publication of additional details and photographs concerning the treatment she was receiving. in october 2002 the court of appeal unanimously reversed the decision of morland j and dismissed the action, ordering ms campbell to pay the costs of the trial and 80% of the costs of the appeal: [2003] qb 633. in may 2004 this house, by a majority of 3 to 2, reversed the decision of the court of appeal, restored the order of morland j. and ordered the respondents to pay ms campbell's costs in the court of appeal and in this house: [2004] 2 ac 457. 3. pursuant to the order of this house, ms campbell's solicitors served three bills of costs: 377,070.07 for the trial, .....
Tag this Judgment!Court : House of Lords
lord oaksey my lords, this is an appeal from the court of appeal affirming a judgment of mr. justice devlin in favour of the plaintiff, who is the widow of a lorry driver who lost his life, when driving a lorry, in an attempt to avoid a little boy named david morgan (hereinafter called " david ") aged about three and three-quarter years, in college street, ammanford. david was a pupil at the nursery school conducted by the appellants who are the local education authority responsible for the provision and maintenance of schools in the countyof carmarthen. this school included a nursery school, an infants' school and a junior school, the premises of which abut on college street, ammanford, and are delineated on the plan put in evidence, from which it appears that the building marked school ages 7-11 was the junior school and the building marked nursery school included both the infants' school and the nursery school, the infants' school occupying the eastern part of the building marked ages 5-7 and the nursery school the western part marked "ages 3-5". the play-pen was used only by the nursery school and the yard to the south of the nurse11pt" onry school was used only by the infants' school. this yard had access through a gate leading into a lane which led to college street, and the yard to the south of the junior school had a gate which led directly into college street. on the 19th april, 1951, at about 12.15 p.m. after the midday meal, the mistress in charge of the nursery .....
Tag this Judgment!Court : House of Lords
..... the court listed the criteria to be taken into account - the nature and seriousness of the offence, his length of stay, the time since the offence and his conduct during that time, his family situation including the length of the marriage, the effectiveness of their family life, whether the spouse knew of the offence when entering a family relationship, whether they had children, and "not least" the seriousness of ..... it has also been applied in cases where the applicant has been properly resident for some time but remains subject to expulsion, either because of criminal offences, as in bb v france reports of judgments and decisions 1998-vi, p 2595 or because of immigration control, as in ssc v sweden (2000) 29 ..... switzerland (2001) 33 ehrr 1179, an algerian entered switzerland as a tourist, married a swiss the following year, was convicted of serious offences but did not serve his sentence until he had been blamelessly at large for some time. ..... repeated in amrollahi v denmark (application no 56811/00) (unreported) 11 july 2002, where once again the main obstacle to deporting an iranian who had committed drugs offences was that his wife could not be expected to follow him to iran or elsewhere. 49. ..... deported for serious crimes, but returned illegally and formed a relationship with a frenchwoman by whom he had a child; the majority did not find his further expulsion disproportionate because of the seriousness of the offences and it was not suggested that he had cut all ties with tunisia. .....
Tag this Judgment!Court : House of Lords
lord hoffmann my lords, 1. this appeal concerns the scope and effect of arbitration clauses in eight charterparties in shelltime 4 form made between eight companies forming part of the sovcomflot group of companies (which is owned by the russian state) and eight charterers. it is alleged by the owners that the charters were procured by the bribery of senior officers of the sovcomflot group by a mr nikitin, who controlled or was associated with the charterer companies. it is unnecessary to set out the details of these allegations because it is not disputed that the owners have an arguable case. they have purported to rescind the charters on this ground and the question is whether the issue of whether they were entitled to do so should be determined by arbitration or by a court. the owners have commenced court proceedings for a declaration that the charters have been validly rescinded and the charterers have applied for a stay under section 9 of the arbitration act 1996. morison j [2007] 1 all er (comm) 81 refused a stay but the court of appeal (tuckey, arden and longmore ljj) [2007] bus lr 686 allowed the appeal and granted it. 2. the case has been argued on the basis that there are two issues: first, whether, as a matter of construction, the arbitration clause is apt to cover the question of whether the contract was procured by bribery and secondly, whether it is possible for a party to be bound by submission to arbitration when he alleges that, but for the bribery, he would .....
Tag this Judgment!Court : House of Lords
..... the appellant's former husband larry barnette was charged with defrauding the united states government of sums of money totalling some $15 million, and was convicted in 1984 on a number of counts of fraud and related offences, including offences under the racketeer influenced and corrupt organisations act ("rico"). ..... everyone charged with a criminal offence has the following minimum rights: a a to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him; b to have adequate time and facilities for the preparation of his defence; c to ..... everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. 3. .....
Tag this Judgment!Court : House of Lords
..... it is for the contracting state to secure those guarantees to the applicant irrespective of the gravity of any offences which he may have committed, or be likely to commit, while in its territory. ..... it also notes the gravity of the offence which was committed by the applicant and is acutely aware of the problems confronting contracting states in their efforts to combat the harm caused to their societies through the supply of drugs from abroad. ..... it is for the respondent state therefore to secure to the applicant the rights guaranteed under article 3 irrespective of the gravity of the offence which he committed. 49. .....
Tag this Judgment!Court : House of Lords
..... section 33(1)(c) of the health and safety at work etc act 1974 provides that it is an offence for any person to act in breach of regulations made, as these regulations were, under section 15 of that act. 23. ..... it is not surprising that a more relaxed and purposive construction was given to provisions designed for the worker's protection even if they also created criminal offences, usually minor and rarely prosecuted. ..... does he commit an offence under the regulations because he has failed to keep ppe in good repair? ..... it is a criminal offence to contravene any health and safety regulations: section 33(1)(c). .....
Tag this Judgment!Court : House of Lords
..... it is true that a public nuisance is a criminal offence and that in so far as it affects all the public alike, only the public, represented by the attorney-general, can obtain an injunction. .....
Tag this Judgment!Court : House of Lords
..... the wording is different from article 5(3), which deals with the rights of a person who has been arrested on suspicion of having committed a criminal offence or to prevent his committing an offence or fleeing after having done so: "everyone arrested or detained in accordance with the provisions of paragraph 1(c) of this article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial .....
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