Reported Cases

Because of the nature of our business, we don’t produce case studies to promote what we do. Dispute resolution involves strict rules of confidentiality and we have a commitment to safeguarding our clients’ privacy.

However, in some cases, rulings are put into the public domain and both ourselves and the disputing parties are identified in the Law Reports. To give you a flavour of the areas we work in, here is a small selection of reported cases involving the litigation lawyers at ERT.

 

Biffa Waste Services Ltd -v- Ali Dinler & Ors (2013)
(Queen’s Bench Division)
Civil Procedure: the effect of the Jackson reforms and relief from sanctions

The Jackson Reforms involved a significant change in the Court’s attitude to non-compliance with Court Orders and required greater weight to be given to enforcement of orders. In the instant case, a Judge had made an error in granting relief from sanctions where the claimant’s breaches were flagrant.

The ERT lawyer handling this case was Neil Eaton

[2013] EWHC 3582
(QB) QBD (Swift J) 10.10.2013
Reference: LTL 10.10.2013 EXTEMPORE

 

Christian Lewis -v- Six Continents Plc (2005)
(Court of Appeal)
Torts

Where a guest in a hotel fell from a second-floor bedroom window after leaning out of it, the hotel was not liable under the Occupiers’ Liability Act 1975 s.2 as it was not reasonably foreseeable that an adult would lean out of the window in such a way as to say that the occupier should have limited the way the window opened.

The ERT lawyers handling this case were Kieran Ryan and Scott Corner

[2005] EWCA Civ 1805
CA (Civ Div) (Ward LJ, Sedley LJ, Wilson LJ) 12.12.2005
References: LTL 12.12.2005: Times January 20th 2006

 

Six Continents Retail Ltd -v- Mark Hone (2005)
(Court of Appeal)
Employment – Negligence 

In the circumstances, there were sufficiently plain indications of impending harm to health of the employee who had been working excessively long hours. Accordingly, the employer was under a duty to take all reasonable steps to ensure that the employee did not work more than 48 hours per week pursuant to the Working Times Regulations 1998.

The ERT lawyers handling this case were Kieran Ryan and Scott Corner

[2005] EWCA Civ 922
CA (Civ Div) (Lord Phillips of Worth Matravers MR, Dyson LJ, Wall LJ) 29.06.2005
References: LTL 28.10.2005: [2006] IRLR 49

 

Gita Ram -v- Baskinder Ram (2004)
(Court of Appeal)
Family Law – Insolvency

An order made in ancillary relief proceedings was varied to reflect the terms of a compromise reached between the parties. A provision that property be sold so as to realise a beneficial interest held by the bankrupt husband at the date of the bankruptcy order and before the commencement of the ancillary relief proceedings was struck out since any interest that he held had been vested in his trustee in bankruptcy.

The ERT lawyer handling this case was Mark Taylor

[2004 ]EWCA Civ 1684
CA (Civ Div) (Thorpe LJ, Arden LJ, Neuberger LJ) 16.11.2004
References: LTL 16.11.2004 EXTEMPORE: [2005] 2 FLR 75: [2004] 3 FCR 673: [2005] BPIR 628: [2005] Fam Law 348: [2004] 148 SJLB 1371

 

Gita Ram -v- (1) Baskinder Ram (2) Solinder Ram (3) Monder Ram (4) Maurice William Russell (Trustee in Bankruptcy of Baskinder Ram) (2004)
(Court of Appeal)
Family Law – Insolvency – Human Rights

An order vesting a property in a trustee in bankruptcy after a transaction at an undervalue was set aside, rather than re-vesting it in the bankrupt so that it would be available to satisfy his wife’s claim in matrimonial proceedings, was not wrong in principle nor in breach of the wife’s rights under the European Convention on Human Rights 1950.

The ERT lawyer handling this case was Mark Taylor

[2004] EWCA Civ 1452
CA (Civ Div) (Potter LJ, Buxton LJ, Carnwath LJ) 05.11.2004
References: LTL 05.11.2004: [2005] 2 BCLC 476: [2005] 2 FLR 63: [2004] 3 FCR 425: [2005] BPIR 616: [2005] Fam Law 274: [2004] 148 SJLB 1317

 

Six Continents Retail Ltd -v- (1) Carford Catering Ltd & (2) R Bristoll Ltd (2003)
(Court of Appeal)
Negligence/contractual obligations/causation

Where the defendant’s breach of contractual duties contributed to the negligent loss claimed, the claimant had not broken the chain of causation by failing to advise on the proper course of action when that course was within the defendant’s obligations.

The ERT lawyers handling this case were Neil Eaton and Scott Corner

[2003] EWCA Civ 1790
CA (Civ Div) (Sir Andrew Morritt, Buxton LJ, Laws LJ) 05.11.2003
References: LTL 05.11.2013 EXTEMPORE

 

Bass Taverns Ltd -v- Carford Catering Equipment Ltd (2002)
(Court of Appeal)
Civil procedure/res judicata

It was inappropriate for the Judge to have considered that the claimant’s application to adjourn proceedings was res judicata in a situation where the circumstances in the case had changed.

The ERT lawyers handling this case were Neil Eaton and Scott Corner

[2002] EWCA Civ 671
CA (Civ Div) (Potter LJ, Sumner J) 23.04.2002
References: LTL 23.04.2002 EXTEMPORE
(Employment Appeal Tribunal)
Indirect discrimination

An employer’s health and safety procedure identified loose garments and hair as being a potential hazard. The policy adopted required all employees to wear protective clothes. The appeal focused on how the policy was applied to a practising female Muslim of Pakistani ethnic origin and her wearing of a headscarf and how the Tribunal had directed itself at first instance.

The ERT lawyer handling this case was Neil Eaton

EAT/915/00
(Mr Recorder Burke QC, Mr D.J. Jenkins MBE, Dr D Grieves CBE)
 

Keith Pearce -v- Lloyds Bank Plc (2001)
(Court of Appeal)
Mistake/reliance on that mistake/indemnification

A bank that had credited a customer’s account by mistake was entitled to reverse the mistaken entry so long as it indemnified the customer for debts incurred whilst relying on that mistake. The customer should not be placed in a better position than he was before the mistake.

The ERT lawyers handling this case were Neil Eaton and Sean Whitehall

[2001] EWCA Civ 1907
CA (Civ Div) (Peter Gibson LJ, Chadwick LJ, Longmore LJ) 23.11.2001
References: LTL 23.11.2001 EXTEMPORE

 

Nolan Davis Ltd -v- Steven P Catton (2001)
(Queens Bench Division)
Construction Law Contracts

Where the wording of a consent order and the agreement scheduled to it was clear and unambiguous, and had been negotiated by solicitors for all the parties in terms which exactly reflected their agreement, there was no scope for the court to interfere with that wording.

The ERT lawyer handling this case was Mark Taylor

QBD (TCC) (Judge David Wilcox) 06.03.2001
References: LTL 23.03.2001

 

Noel Ranger -v- (1) Victor Ranger & (2) Shirley Williams (2001)
(Court of Appeal)
Partnership

Partnership at will. No clear documentary evidence and oral evidence at variance. Attempt to introduce evidence late. Accounting of partnership property. Dissolution of partnership on bankruptcy of one of the partners. Assignment of action from trustee in bankruptcy. Limitation.

The ERT lawyer handling this case was Neil Eaton

[2001] EWCA Civ 2073
CA (Civ Div) (Ward LJ, Robert Walker LJ) 12.12.2001

 

Heller Global Vendor Finance UK Ltd -v- Peter Lancaster (1999)
(Court of Appeal)
Application to amend defence at trial

The Judge had been right to refuse application to amend the defence made at trial on the grounds that to have done so would have necessitated an adjournment causing prejudice to the claimant.

The ERT lawyer handling this case was Neil Eaton

CA (Civ Div) (Mantell LJ, Nourse LJ) 15.07.1999
Reference: LTL 15.07.1911 EXTEMPORE

 

Llewellyn Ryland Ltd -v- (1) Mr P J Jones & (2) Mr D Kemp (1999)
(Employment Appeal Tribunal)
Procedure

Appeals by way of preliminary hearing, pursuant to the relevant Practice Direction the appeals on both liability and remedy from decisions of an Employment Tribunal. Inadequacy of reasons given by the Employment Tribunal. Appeals to proceed to a full hearing.

The ERT lawyers handling this case were Neil Eaton and Andrew Connock

EAT/912/99 and EAT/1286/99 (Charles J, Lord Gladwin of Clee CBE JP, Mr K. M. Young CBE)
References: UK EAT/912_99_0612 (06.12.1999)

 

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