bluuebunny/crossref_metadata_2025 huggingface dataset:
GEDDES v. BRITISH RAILWAYS BOARD
Authors: Denning M.R. , Salmon L.J. , Davies Edmund
Published: January 2008

February 28, 1968 Negligence — Duty of care — Warning — Railway engine — Dangerous conditions — Engine driver's failure to give long whistle — Whether negligence — Whether duty to make warning effective — Railwayman's failure to look out — Whether contributory negligence.
KEARNS v. HIGGS & HILL LTD.
Authors: Danckwerts L.J. , Diplock L.J. , Sachs L.J.
Published: January 2008

March 13, 1968 Damages — Personal injuries — Quantum — Sense of smell, loss of — Appropriate sum.
IN RE PICKLES v. NATIONAL COAL BOARD (INTENDED ACTION)
Authors: Denning M.R. , Davies L.J. , Russell L.J.
Published: January 2008

March 29, 1968 Limitation of Action — Personal injuries — Extension of time — Knowledge after six years of silicosis through working in mines — Subsequent knowledge of attributability to negligence or breach of duty — Whether attributability or causation a “material facts… of a decisive character” — Whether reference to trade union reasonable — Limitation Act, 1963 (c.47), ss.1(1)(2)(3), 7(3)(4)(5).
TORQUAY HOTEL COMPANY LTD. v. COUSINS AND OTHERS
Authors: Stamp J.
Published: January 2008

May 23, 1968. Trade dispute — Act in furtherance of — Procuring breach of contract — Attempt to establish union in hotel industry — Hotel's agreement to negotiate with other unions — Picketing of hotel — Stoppage of fuel oil supplies — Whether acts done in contemplation or furtherance of trade dispute — Force majeure clause in supplier's contract — Inducement of tanker drivers to break contracts — Whether interference with contractual rights — Whether indirect inducement — Whether picketing of hotel premises nuisance at common law.
GARNER v. JOHN THOMPSON (WOLVERHAMPTON) LTD.
Authors: Donovan  , Harman L.J. , Atkinson Fenton
Published: January 2008

November 27, 1968 Factory — Statutory duty — Onus of proof — Duty to keep place of work safe — Welder's fall from ladder in factory — Ladder slipped — Welder sole witness at trial — Whether ladder safe — Whether for employers to proof safe “so far as is reasonably practicable” — Whether breach of duty established — Factories Act, 1961, (9 & 10 Eliz.II,c.34),s.29(l).
BRAITHWAITE v. ELECTRICAL ELECTRONIC AND TELECOMMUNICATION UNION — PLUMBING TRADES UNION
Authors: Denning M.R. , Salmon L.J. , Winn L.J.
Published: January 2008

March 13, 1969 Trade union — Amalgamation — Pending appeals — Provision for appeal from executive decision to expel member — Rules providing for appeal to be heard at specified time — Expelled member setting down notice of appeal — Union amalgamating with another union before appeal heard — New rules for amalgamated unions not covering pending appeals — Expelled member's appeal not heard at specified date — Attempt by new executive to provide for later hearing of pending appeals — Validity — Whether expulsion should be set aside.
BAKER v. MINISTER OF SOCIAL SECURITY
Authors: Paull J.
Published: January 2008

March 21, 1969 National Insurance — Benefits — Earnings — related supplement — “Reckonable earnings” — Casual employment — Schedule E assessment — Employment by four employers — Tax deducted from remuneration by one employer — Tax collected from employee by special arrangements with regard to earnings from other three employers — Whether total earnings reckonable in calculating earnings — related supplement for national insurance benefits — “Deductible” tax — Administrative convenience resulting in injustice — National Insurance Act, 1965 (c.51), s4(2) — National Insurance Act, 1966 (c.6), s.2(l), 5(b) — Income Tax (Employments) Regulations, 1965 (S.I. 1965, No.516),reg. 51(1).
NEWTON v. CAMMELL LAIRD & CO (SHIPBUILDERS AND ENGINEERS) LTD.
Authors: Denning M.R. , Davies L.J. , Widgery L.J.
Published: January 2008

January 21, 1969 Limitation of action — Personal injuries — Extension of time — Industrial disease — Knowledge after 10 years of injury caused by work with asbestos — Death from asbestosis eight months later — Whether constructive knowledge of attributability of injury to fault of former employer — Whether reasonable for dying man to seek legal advice — Limitation Act, 1963 (c.47) ss.l(l) (2) (3), 7(3) (4) (5) (8).
BUNKER v. CHARLES BRAND & SON LTD.
Authors: O'Connor J.
Published: January 2008

December 20, 1968 Occupiers' liability — Common duty of care — Duty owed to visiting workmen by main contractors — Whether visiting workman's knowledge of danger absolving main contractors from liability — Safe means of access — Duty to comply with regulations — Whether owed to non‐employee — Construction (General Provisions) Regulations, 1961 (S.I. 1961, No. 1580), regs. 3(1) (a), 7(1) — Occupiers' Liability Act, 1957 (5 & 6 Eliz.II, c. 31), s.2(l),(2).
COLVILLES LTD. v. DEVINE
Authors: Reid  , Hodson  , Guest  , Upjohn  , Donovan
Published: January 2008

March 11, 1969 Negligence — Res ipsa loquitur — Onus — Steelworker — Oxygen hose catching fire — Loud explosion — Ensuing panic — Injury to workman.
PEARCE v. ROUND OAK STEEL WORKS LTD.
Authors: Denning M.R. , Davies Edmund , Phillimore L.J.
Published: January 2008

February 17, 1969 Negligence — Burden of proof — Latent defect — Fall of part of machine — Latent defect not discoverable on routine inspection — Defendants' purchase of second‐hand machine — Extent of duty of care — Presumption of negligence — Defendants' failure to call evidence — Effect.
VANDYKE v. FENDER AND ANOTHER
Authors: Paull J.
Published: January 2008

May 19, 1969 Insurance — Employers' liability — Accident arising “out of and in the course of employment — Employee travelling to work in car lent by employers to fellow‐employee — Car lent on condition that if used it would take named employees to work — Whether accident “arising out of and in the course of” employee's employment — Whether indemnity under policy — National Insurance (Industrial Injuries) Act, 1946 (9 & 10 Geo. VI, c.62), s. 9(1) — National Insurance (Industrial Injuries) Act, 1965 (c.52), ss. 8(1), 6.
LISTER v. NATIONAL COAL BOARD
Authors: Davies L.J. , Widgery L.J. , Cross L.J.
Published: January 2008

June 13, 1969 Mines and quarries — Statutory duty — Breach — Conveyor belt projecting across road — Base three feet six inches above floor of road — Whether constituting “sudden change of height” of road — “System of working the mine” — Mines and Quarries Act, 1954 (2 & 3 Eliz.II, c.70), s. 34 (1).
VOLLER v. SCHWEPPES (HOME) LTD.
Authors: Denning M.R. , Davies Edmund , Willmer Gordon
Published: January 2008

October 14, 1969 Master and Servant — Negligence — Duty of care — Workman required to work with detergents — Risk of dermatitis — Foreseeability — Employer's duty.
FITZGERALD v. HALL RUSSELL AND CO. LTD.
Authors: Reid  , of Borth‐y‐Gest Morris , Guest  , Upjohn  , Wilberforce
Published: January 2008

October 21, 1969 Master and Servant — Redundancy — Calculation of payment — Continuous employment — “Temporary cessation of work” — Employers' work shortage — Dismissal — Re‐employment — Whether period of qualifying service broken — 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).
REGINA v. NATIONAL INSURANCE COMMISSIONER, EX PARTE HUDSON REGINA v. INDUSTRIAL INSURANCE COMMISSIONER, EX PARTE JONES
Authors: Denning M.R. , Davies Edmund , Atkinson Fenton
Published: January 2008

November 13, 1969 National Insurance — Industrial injuries benefit — Disablement benefit — Functions of statutory and medical authorities — Industrial accident followed by two physical impairments — Medical authorities awarding disablement benefit based on only one loss of faculty and rejecting heart condition found by statutory authorities to be causally connected with accident — Statutory provision that “decision of any claim” “shall be final” — Whether medical authorities bound by decision of statutory authorities on nature of injury in determining injury benefit claim — When onus of proof on applicant — National Insurance Act, 1965 (c. 51), s. 75 — National Insurance Act, 1966 (c. 6), s. 8 (l)(a) — National Insurance (Industrial Injuries) Act, 1965 (c. 52), ss. 11 (1), 12(1), Sch. 4.
WATTS OF CALCOT LTD. v. MINISTER OF AGRICULTURE, FISHERIES AND FOOD
Authors: Davies L.J. , Winn L.J. , Karminski L.J.
Published: January 2008

December 4, 1969 Revenue — Selective employment tax — Qualifying activities — “Agricultural contracting” — Company carrying out grass‐cutting, hedging, ditching, fertilising, landscaping, etc., on Ministry aerodromes and service stations under contract — Whether “agricultural contracting” — Selective Employment Payments Act, 1966 (c. 32), s. 2 (1) (2) (3) — Standard Industrial Classification (1963), 001.2.
DEPARTMENT OF HEALTH AND SOCIAL SECURITY v. WALKER DEAN WALKER LTD.
Authors: Chapman J.
Published: January 2008

February 4, 1969 National Insurance — Benefit — Contribution conditions — “Question arising” — Whether for determination by court or Secretary of State for Social Services — National Insurance Act, 1965 (c. 51), ss. 64(1), 97(1) (2) — National Insurance (Industrial Injuries) Act, 1965 (c. 52), ss. 35(1), 70(1) (2) — Secretary of State for Social Services Order, 1968 (S.I. 1968 No. 1699), art. 2.
LEIGH v. NATIONAL UNION OF RAILWAYMEN AND ANOTHER
Authors: Goff J.
Published: January 2008

July 17, 1969 Trade Union — Rules — Construction — Nomination of member for presidency refused — Eligibility — Whether discretion in general secretary to review nominations — Application to court for interlocutory relief — Jurisdiction of court — Whether ousted — Whether resort first to be had to domestic remedies where member aggrieved.
THOMPSON v. BRISTOL CHANNEL SHIP REPAIRERS AND ENGINEERS LTD.
Authors: Diplock  , Widgery L.J. , Megaw L.J.
Published: January 2008

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).
SMITH v. VANGE SCAFFOLDING & ENGINEERING CO. LTD. AND ANOTHER
Authors: MacKenna J.
Published: January 2008

November 10, 1969 Building — Safety regulations — Applicability — Safe means of access and egress — Building site occupied by main contractor — Unusually encumbered by plant and machinery — Suspended cable left by employee of main contractor — Injury to workman employed by independent scaffolding contractors — Liability of main contractor as occupier — Liability of independent contractor to own workman — Whether bound by safety regulations — Indemnity — Independent contractors to indemnify main contractors for “any liability… arising… in respect of personal injuries by reason of any act, default, or omission on our part…” — Construction (Working Places) Regulations, 1966 (S.I. 1966, No. 94), regs. 2(1), 3(1), 6(1).
VANDYKE v. FENDER AND ANOTHER. SUN INSURANCE OFFICE LTD. (THIRD PARTY)
Authors: Denning M.R. , Sachs L.J. , Karminski L.J.
Published: January 2008

March 5, 1970 Insurance — Employers' liability — Cover for injury to person employed “arising out of and in the course of” employment by the insured — Meaning — Employee travelling to work as passenger in car provided by employers under arrangement for transport of employees to and from work — Passenger injured on public road by fellow employee's negligent driving — No obligation to travel in car — Accident not arising out of and in the course of employment — No indemnity under policy — Accident arising in circumstances requiring compulsory insurance “in the case of a vehicle in which passengers are carried … by reason of … a contract of employment” — National Insurance (Industrial Injuries) Act, 1946 (9 & 10 Geo. VI, c. 62), s. 9(1) — Road Traffic Act, 1960 (8 & 9 Eliz. II, c 16), s. 203(4X6), proviso,
POVEY v. W.E. AND E. JACKSON (A FIRM)
Authors: Davies Edmund , Widgery L.J. , Sellers Frederic
Published: January 2008

March 24, 1970 Damages — Personal injuries — Assessment — Brucellosis — Contracted from drinking infected milk — Depression and psychological inertia in addition to physical symptoms — Award of special damages for loss of earnings too high — Award of general damages for pain and suffering too low — Global award a fair and proper sum — Whether Court of Appeal will interfere — Observations as to proper approach when considering appeals on quantum.
HOBBS v. C.G. ROBERTSON LTD.
Authors: Davies L.J. , Winn L.J. , Sellers Frederic
Published: January 2008

April 8, 1970 Building — Construction regulations — Applicability — Goggles to be provided where any specified process carried on — “Breaking, cutting,…of stone, concrete, slag or similar materials” — Whether bricks “similar materials” — Plaintiff demolishing brickwork with hammer and chisel — Injury to eye caused by falling dust — Whether engaged on “process” within the regulation — Failure of employer to provide goggles — Whether in breach of regulation — Whether negligent — Regulation requiring employer to provide protection from falling material — Whether applicable — Construction (General Provisions) Regulations, 1961 (S.I. 1961 No. 1580), regs. 46(1), 52, Sch.(2).
DENYER v. CHARLES SKIPPER AND EAST LTD.
Authors: Davies L.J. , Winn L.J. , Sellers Frederic
Published: January 2008

April 12, 1970 Factory — Cleaning machinery — “Young person” cleaning cylinders of printing machine — Inching button used to rotate cylinders — Whether cylinders “moving part” of machine — Whether plaintiff “cleaning” machine while rotating cylinders — Whether breach of statutory duty by employer — Plaintiffs disobedience to instructions a cause of accident — Whether fault co‐extensive with employer's fault — Factories Act, 1961 (9 & 10 Eliz. II, c. 34), s. 20.
NATIONAL DOCK LABOUR BOARD v. JOHN BLAND & CO. LTD.
Authors: Denning M.R. , Atkinson Fenton , Megaw L.J.
Published: January 2008

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.
CHAPMAN v. OAKLEIGH ANIMAL PRODUCTS LTD.
Authors: Davies L.J. , Winn L.J. , Sellers Frederic
Published: January 2008

April 21, 1970 Master and servant — Negligence — Vicarious liability — Course of employment — Employers instructing plaintiff to obey fellow‐employees' instructions — Practical joke by fellow‐employees — Plaintiff instructed to put hand up spout of grinding machine to clear alleged blockage — Machine accidentally set in motion — Plaintiff's hand injured — Whether employers vicariously liable — Onus of proof.
EDWARDS v. SOCIETY OF GRAPHICAL AND ALLIED TRADES
Authors: Denning M.R. , Sachs L.J. , Megaw L.J.
Published: January 2008

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.
CHARLES AND OTHERS v. SPIRALYNX LTD.
Authors: Russell L.J. , Sachs L.J. , Phillimore L.J.
Published: January 2008

December 19, 1969 Redundancy — Dismissal — Employer's work in one place terminating — Invitation to employees to move to new factory — Employees declining to work elsewhere — Terms of offer — Whether repudiation of contracts by employer — Whether employees entitled to terminate contracts — Whether employees “dismissed” — Redundancy Payments Act, 1965 (c.62), ss. 1, 3(1)(a),(c).
BOWATERS UNITED KINGDOM PAPER CO. LTD. v. NATIONAL DOCK LABOUR BOARD
Authors: Davies L.J. , Phillimore L.J. , Cairns L.J.
Published: January 2008

November 10, 1970 Docks — Dock work — Waterside manufacturers carrying on loading and unloading operations from and into ships — Port transport work — Labour scheme equating “port transport work” with “dock work” — “Port transport work” not to include work of “waterside manufacturers” except where work that of “a public wharfinger and/or master lighterman and/or master stevedore” — Whether work carried on within exception — Whether “dock work” — Docks and Harbours Act, 1966 (c.28), s.58(1) — Dock Workers (Regulation of Employment) (Amendment) Order, 1967 (S.I.1967, No. 1252), Sch. 2.
THE PRUDENTIAL ASSURANCE CO. LTD. v. LORENZ AND OTHERS
Authors: Plowman
Published: January 2008

April 28, 1971 Trade dispute — Industrial action taken by Union — Circular letter sent to members urging withholding of accounts from company — Whether letter amounted to incitement to members to commit breach of duty to account implied by general law — Whether such action protected by Trade Disputes Act, 1906 (6 Edw. VII.c.47),3.
BURTON v. ROBERT STACE AND COMPANY LTD.
Authors: Griffiths Commissioner Bruce
Published: January 2008

November 25, 1971 Damages — Personal injuries — Crushing of dominant hand — Resulting deformity — Pain and suffering and loss of amenity — Prospective loss of earnings — Appropriate sum to be awarded as general damages.
BERRY v. STONE MANGANESE MARINE LTD.
Authors: Ashworth J.
Published: January 2008

December 6, 1971 Master and servant — Negligence — Noise — Deafness — Workman subjected to loud noise at work — Ear plugs providing inadequate protection — Ear muffs not supplied — No encouragement or persuasion to wear ear muffs — Whether negligence — Further loss of hearing resulting from continued negligence after statute‐barred period — Whether full damages recoverable.
BRITISH STEEL CORPORATION v. NATIONAL DOCK LABOUR BOARD
Authors: Salmon L.J. , Sachs L.J. , Buckley L.J.
Published: January 2008

July 29, 1971 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 from ship” — Discharging ore involving work with unloaders and belt conveyor system — “Cargo” — Meaning — Dock Labour Scheme for the South Wales Ports (1942) App. (4) — Port of Port Talbot Registration Amended Scheme (1943) Sch. para. l(l)(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).
JOHNSON GIBBONS (LONDON) LTD. v. JILANI
Authors: Brightman John , Henniker‐Heaton C. , Robinson C.G.
Published: January 2008

December 21, 1971 Master and Servant — Redundancy — Dismissal — Offer of re‐engagement at different premises — Offer accepted by employee — Subsequent change of mind by employee — Interview with employers — Date agreed on at interview for employee leaving — Whether employee dismissed — Whether employee terminating employment — Redundancy Payments Act, 1965 (c.62), s.3(2)(b).
HULL & HUMBER CARGO HANDLING CO. LTD. AND ANOTHER v. TRANSPORT AND GENERAL WORKERS UNION AND OTHERS
Authors: Brightman J.
Published: January 2008

December 15, 1971 Docks — Dock work — Movement of cargo from quay‐side to other parts of dock — Union instructions that vehicles must be attended by dock workers — Whether injunctions should be given ex parte.
CHURCHMAN AND OTHERS v. JOINT SHOP STEWARDS' COMMITTEE OF THE WORKERS OF THE PORT OF LONDON AND OTHERS
Authors: Denning M.R. , Buckley L.J. , Roskill L.J.
Published: January 2008

June 16,1972 Industrial relations — National Industrial Relations Court — Contempt — Committal for — Whether breach of court's order to be proved with same strictness as in High Court — Whether court may proceed against contemnor on own initiative — Official Solicitor — Powers and duties on behalf of alleged contemnor — Industrial Relations Act, 1971 (c. 72), Sch. 3, para. 27 (1) (a).
E. & J. DAVIS TRANSPORT LTD. v. D. CHATTAWAY AND OTHERS
Authors: Brightman John , Davies R. , Roberts H.
Published: January 2008

July 27, 1972 Master and Servant — Redundancy — Dismissal — Wage agreement dispute — One day strike by employees — Company's refusal of work on old terms — Refusal of new terms — Dismissals — Whether lock‐out — Repudiation of employees' contracts — Whether redundancy self‐induced.
KENYON v. FRED MILLER LTD.
Authors: Brightman John , Arkell J.H. , Briggs H.
Published: January 2008

July 25, 1972 Industrial relations — Unfair dismissal — Trade union — Unregistered trade union — Meeting called by employee regarding union membership — Dismissal of employee — Whether employee's right to take part in union activities applicable to un‐registered union — Industrial Relations Act, 1971 (c.72), s.5(l) (c).
COTTER v. LYNCH BROTHERS
Authors: Brightman John , Arkell J.H. , Briggs H.
Published: January 2008

July 25, 1972 Master and servant — Unfair dismissal — Employee's declared intention to join un‐specified union — Employee's dismissal after one year's employment — Whether employee's right to join trade union applicable to decision to join unspecified union — Whether unfair dismissal — Industrial Relations Act 1971 (c.72), ss.5(l), 29(1).
WRIGHT v. DUNLOP RUBBER CO. LTD. AND ANOTHER CASSIDY v. SAME
Authors: Sachs L.J. , Megaw L.J. , Lawton L.J.
Published: January 2008

October 31, 1972 Negligence — Duty of care — Manufacturer — Purchaser's employees exposed to chemical containing carcinogen — Whether danger foreseeable.
DARVILL v. C. & J. HAMPTON LTD.
Authors: Rees J.
Published: January 2008

July 31, 1972 Master and servant — Negligence — Safe system of work — Dermatitis — Known risk — No practicable means of avoiding contact with oil — Extent of risk — Whether negligent to expose employees to small risk with serious consequences. Pleading — Particulars of negligence raised in counsel's closing speech — Not pleaded or covered by evidence — Whether plaintiff entitled to rely on those particulars.
NORTON TOOL CO. LTD. v. TEWSON
Authors: Donaldson John , Boyfield R. , Griffiths R.E.
Published: January 2008

October 30, 1972 Industrial Relations — Unfair dismissal — Compensation — Assessment of — Principles applicable — Such amount as is just and equitable — “Loss” — Injury to pride not part of “loss” — Industrial Relations Act 1971 (c.72) s.116.
WESTWOOD v. THE POST OFFICE
Authors: Davies L.J. , Karminski L.J. , Lawton L.J.
Published: January 2008

November 23, 1972 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 — Widow's claim for damages — Whether employee liable — Contributory negligence — Extent of — Offices, Shops and Railway Premises Act, 1963 (c.41), ss.l (2), 16(1), (4).
SOLE v. W.J. HALLT LTD.
Authors: Swanwick J.
Published: January 2008

June 9, 1972 Occupiers' liability — “Common duty of care” — Contractor — Duty to sub‐contractor — Sub‐contractor contracted to fix ceilings in house being erected by contractor — Sub‐contractor injured whilst fixing — Whether sub‐contractor entitled to claim both for breach of implied term in contract conferring the right to enter the house and for breach of common duty of care owed to sub‐contractor as a visitor — Occupiers' Liability Act, 1957 (5 & 6 Eliz. II, c. 31), ss. 2(1), 5(1).
NATIONAL DOCK LABOUR BOARD v. BRITISH STEEL CORPORATION
Authors: Reid  , of Borth‐y‐Gest Morris , Hodson  , of Glaisdale Simon , of Chelsea Cross
Published: January 2008

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).
BUX v. SLOUGH METALS LTD.
Authors: Kerr J.
Published: January 2008

February 7, 1973 Factories — Eyes — Protection — Goggles — Duty to provide — Whether common law duty to take reasonable care that goggles are worn — Construction (General Provisions) Regulations, 1961 (S.I. 1961 No. 1580), reg. 52 — Non‐ferrous Metals (Melting and Founding) Regulations, 1962 (S.I. 1962 No. 1667), reg. 13 (1).
MIDLAND FOOT COMFORT CENTRE LTD. v. MOPPETT AND ANOTHER
Authors: Donaldson John , Boyfield R. , Roberts H.
Published: January 2008

February 27, 1973 Master and Servant — Redundancy — Dismissal for redundancy — Shop manageress dismissed for inefficiency — Managerial work performed by owner and part time assistants — Whether requirements of business for managerial work diminished — Whether redundancy — Redundancy Payments Act, 1965 (c.62), s.9 (2)(b).
UBSDELL v. PATERSON
Authors: Cooke Samuel , Fielding F.J. , McDowall W.C.
Published: January 2008

December 14, 1972 Master and servant — Redundancy — Dismissal — Renewal of contract — Sale of hotel — Acceptance by employee of same wages — Wages subsequently reduced without employee's agreement — Whether renewal of contract by conduct of purchaser — Whether renewal “by agreement with employee” — Redundancy Payments Act 1965 (c 62) ss. 3 (2) (a), 13 (2).
CARTWRIGHT v. G. K. N. SANKEY LTD.
Authors: Davies Edmund , Megaw L.J. , James L.J.
Published: January 2008

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).
WESTWARD CIRCUITS LTD. v. READ
Authors: Donaldson John , Griffiths Reginald , Roberts R.
Published: January 2008

March 28, 1973 Industrial relations — Unfair dismissal — Complaint — Time limit — Employee ignorant of right to compensation — Complaint more than four weeks after dismissal — Whether “practicable” to have presented complaint earlier — Industrial Tribunals (Industrial Relations, etc.) Regulations, 1972 (S.I. 1972 No. 38), Sch. r.2(1)(a).
HEBDEN v. FORSEY AND SON
Authors: Griffiths Hugh , Boyfield R. , Griffiths Reginald
Published: January 2008

October 3, 1973 Master and Servant — Redundancy — Dismissal for redundancy — Illness of employee — Employee absent from work — Whether contract of employment frustrated — Whether dismissal by reason of redundancy.
HOWLE v. G.E.C. POWER ENGINEERING LTD.
Authors: Griffiths Hugh , Kenrick J.W. , Roberts H.
Published: January 2008

October 12, 1973 Industrial Relations — Unfair industrial practice — Discrimination — Facilities granted to recognised unregistered union denied to unrecognised but registered union — Claim for salary increase by member of unrecognised union — Individual grievance procedure — Representation limited to fellow employee working in same department — Members of recognised unions allowed union representation — Whether discrimination amounting to unfair industrial practice — Distinction between negotiating rights and right to individual representation — Industrial Relations Act, 1971 (c. 72) ss. 5(2)(b), 44(b).
JONES v. MINTON CONSTRUCTION LTD.
Authors: Thompson J.
Published: January 2008

March 21 and 22, 1973 Building — Labour‐only sub‐contract — “The Lump” — Duties of care by contractor to sub‐contractor — Negligence — Plaintiff sub‐contractor injured by dangerous nip in cement mixer property of contractor — Whether contractor under any contractual duty or other duty to provide safe plant and equipment or to warn of defects — Relevance of sub‐contractor's breach of statutory duty — Construction (General Provisions) Regulations, 1961 (S.I. 1961 No. 1580), regs. 3,42.
ROBINSON v. POST OFFICE AND ANOTHER
Authors: Davies L.J. , Buckley L.J. , Orr L.J.
Published: January 2008

October 25, 1973 Damages — Remoteness — Negligence — Master and servant — Injury to employee's leg caused by employer's admitted negligence — Subsequent medical treatment causing encephalitis — Injection of anti‐tetanus serum — Negligent method of injection not causative of illness — Plaintiff with allergy to serum used — Illness an unforeseeable consequence of foreseeable medical treatment — Whether employer liable.
KAVANAGH v. HISCOCK AND ANOTHER
Authors: Widgery C.J. , Boreham J. , May J.
Published: January 2008

February 5, 1974 Industrial Relations — Pickets — Attendance at place — Breach of peace anticipated by police officer in charge — Police cordons formed to prescribe path through crowd for vehicle to gain access to highway from site — Pickets cleared from prescribed path — Whether right in pickets infringed by police action — Whether picket having immunity from prosecution and action in tort in certain circumstances — Industrial Relations Act, 1971 (c. 72), s. 134.
CENTRAL ELECTRICITY GENERATING BOARD v. COLEMAN AND OTHERS
Authors: Donaldson John , Davies R. , Roberts H.
Published: January 2008

March 5, 1973 Industrial Relations — Unfair industrial practice — Discrimination — Members of non‐recognised union — Nomination for election to works committee — Election restricted to recognised unions — Validity of nominations — Whether restriction to “discriminate against” workers — Industrial Relations Act, 1971 (c.72), s.5(2),(4).
OWEN AND ANOTHER v. CROWN HOUSE ENGINEERING LTD.
Authors: Griffiths Hugh , Boyfield R. , Lawder F.H.
Published: January 2008

July 11, 1973 Industrial Relations — Unfair dismissal — Complaint — Time limit — Request by employers not to proceed with complaint pending negotiations — Complaint out of time — Whether “practicable” to have presented complaint earlier — Whether agreement to limit operation of time limit — Industrial Tribunals (Industrial Relations, etc.) Regulations, 1972 (S.l 1972 No.38), Sch. r.2(l) (a).
LANGSTON v. AMALGAMATED UNION OF ENGINEERING WORKERS AND ANOTHER
Authors: Denning M.R. , Cairns L.J. , Stephenson L.J.
Published: January 2008

December 19, 1973 Industrial Relations — Unfair industrial practice — Complainant — Employee resigning from union — Union threatening employer with industrial action — Employee suspended from work on full pay — Whether industrial dispute — Whether employee “person against whom the action was taken” — Right to work — Industrial Relations Act, 1971 (c. 72), ss. 33(3)(a), 96(1), 101(1)(c), 105(1).
BLAKE v. RICHARDS & WALLINGTON INDUSTRIES LTD. and ANOTHER and FRAM SIEGWART LTD.
Authors: Richards Judge
Published: January 2008

January 25, 1974 Contract — Construction — Indemnity clause — Trader contracting to indemnify owner of hired crane against “all claims, demands, proceedings, damages, costs and expenses…” — Driver of crane remaining owner's servant — Collision with lorry through negligence of owner's servant — Driver of lorry awarded damages against owner of crane — Third party proceedings by owner of crane against trader — Whether indemnity clause covering owner for negligence of his own servant.
BROADBENT v. CRISP
Authors: Griffiths Hugh , Boyfield R. , Roberts H.
Published: January 2008

December 4, 1973 Industrial Relations — Unfair industrial practice — “Worker” — Dismissal because of union membership — Main collector for pools company appointed by area concessionaire — Whether personal performance of contract involved — Whether main collector “worker” — Industrial Relations Act, 1971 (c.72), ss.5(2), 167.
VAUGHAN v. WEIGHPACK LTD.
Authors: Griffiths Hugh , Boyfield R. , Lawder F.H.
Published: January 2008

February 5, 1974 Industrial Relations — Unfair dismissal — Compensation — Calculation of wage loss — Employment on three months' notice — Summary dismissal — Tribunal's award for wage loss less than three months' notice — Whether correct — Whether employee entitled to compensation for manner of dismissal.
CO‐OPERATIVE EMPLOYERS' ASSOCIATION v. PAY BOARD
Authors: Griffiths J.
Published: January 2008

November 8, 1973 Master and Servant — Pay — Agreement to pay employee increased wage — Statutory order in February prohibiting payments above previous November's rate of pay — Payments made before February in accordance with court ruling — Whether payments made “in order to circumvent requirements of standstill” — Counter‐Inflation (Temporary Provisions) Act, 1972 (c. 74), ss. 2(2),(5), 3 — Counter‐Inflation (Price and Pay Code) Order, 1973 (S.I. 1973, No. 658), para. 113.
BATEMAN v. BRITISH LEYLAND U.K. LTD.
Authors: Griffiths Hugh , Arkell J. , Brooks A.G.
Published: January 2008

March 22, 1974 Industrial Relations — Unfair dismissal — Compensation — Employee unfairly dismissed — No recommendation of re‐engagement — Employee obtaining new employment from which redundant — Tribunal's review of own decision — Increased award — Whether jurisdiction to hold review — Whether tribunal right to consider new redundancy and increase award — Industrial Relations Act, 1971 (c.72), ss.5 (2), 106 (4) — Industrial Tribunals (Industrial Relations, etc.) Regulations, 1972 (S.I.1972 No.38), Sch.,r.l2 (1) (d).
DAVIES v. NATIONAL COAL BOARD
Authors: Latey J.
Published: January 2008

February 20, 1974 Master and Servant — Breach of statutory duty — Mine — Duty to secure safety of working places and obtain all information relevant thereto — Fall of heavy stone from colliery roof injuring miner — Whether breach of duty — Mines and Quarries Act, 1954 (c.70), s.48(1), (2).
KEPPEL BUS CO. LTD. v. SA'AD bin AHMAD
Authors: of Chelsea Cross , Kilbrandon  , Gibbs Harry
Published: January 2008

Master and servant — Vicarious liability — Course of employment — Bus conductor assaulting passenger — Whether assault committed in course of conductor's management of bus — Whether employer liable for conductor's act
Has Discrimination Been Eliminated In Collective Agreements — The Central Arbitration Committee And Equal Pay?
Authors: Snider Helen , Harris John
Published: January 2008

Between 1951 and 1971 the working population of Great Britain increased by 2.5 million — from 22.6 million to 25.1 million. The major part of this increase was due to the number of women in the workforce rising from 7.2 to 9 million. This has been a contributory cause of increased pressure for improved working conditions and pay for women that resulted in the 1970 Equal Pay Act and the 1975 Sex Discrimination Act — both of which came into force on the 29 December, 1975.
A Revisitation of the Contractual and Normative Concepts of the Collective Agreement
Authors: Carby‐Hall Jo
Published: January 2008

In attempting an examination of the contractual and normative concepts of the collective agreement, some ideas are tentatively put forward in the pages which follow hoping that they will stimulate the reader's mind and open areas for further discussion.
The Employment Bill 1982 A commentary and an analysis
Authors: Carby‐Hall Jo
Published: January 2008

Talking of newspapers Charles Prestwick Scott said “At the peril of its soul it must see that the supply is not tainted. Neither in what it gives, nor in what it does not give, nor in the mode of presentation, must the unclouded face of truth suffer wrong. Comment is free but facts are sacred.” The aim of this monograph is to adhere as closely as is possible to Mr Scott's opinion. As far as the facts of the proposed legislation are concerned, these will of course be untainted; the commentary which follows from these facts however, being free, proposes to examine and analyse the untainted factual supply.
The Managerial Law Guide to the Companies Act 1981
Authors: Chadwick Leslie , Dobbins Richard
Published: January 2008

The main provisions of the Act are covered, such as those relating to company and business names, share capital, disclosure of interests in shares, company accounts and reporting exemptions for small and medium‐sized companies.
THE EMPLOYMENT ACT 1982
Authors: Carby‐Hall J.R.
Published: January 2008

An earlier monograph commented upon, and analysed the contents of the Employment Bill during its latter stages in Parliament. The object of this monograph is to update what has been said on the Bill and to examine and analyse the subsequent, changes made by the Employment Act 1982.
The Transfer of Employees
Authors: Carby‐Hall J.R.
Published: January 2008

In examining the distinction between a contract of service and one for services it has been stated that the control notion is by no means the determining factor in establishing the employer‐employee relationship. Other notions come into play. It will be recalled that the reasons why it is essential to know who is, and who is not an employee, are, inter alia, to establish whether or not a worker is entitled to the statutory employment protection rights given solely to employees, whether the employer is liable to make certain statutory deductions, for example, national insurance and income tax; whether any vicarious liability may be imputed to the employer for torts committed by his employee, whether the employer is in breach of the health and safety at work obligations toward his employee, and so on. A topic not much discussed by the courts and by writings generally is whether the criteria or notions used for the establishment of the employee status are the same as those for the transfer or loan by the employer (who may be called the permanent employer) of his employee to another employer (who may be termed as the temporary employer), over a specified or unspecified period of time. The employee may be loaned with or without plant supplied by the permanent employer. It is submitted that the approach adopted by the courts so as to establish the status of employee is not the same where the transfer of an employee is in question. Case law shows that the emphasis is placed essentially on the control notion. It is not hard to understand the reason why this is so.
The Sources of the Contract of Employment — Implied Terms at Common Law — the Employer's Duties
Authors: Carby‐Hall J.R.
Published: January 2008

In the first two sections the author discusses and analyses the1 terms of employment implied at common law. Then the implied common law duties of the employer towards his or her employee and the employee towards his or her employer are discussed. Custom, practice and works rules as sources of terms of the contract of employment are then considered.
The Significance of the Collective Agreement in Society
Authors: Carby‐Hall J.R.
Published: January 2008

The examination and analysis which will take place in this monograph is based on the necessary characteristics which pertain to the collective agreement concluded as a result of collective bargaining between the employer(s) and the trade union(s) and which have evolved through either case law, through the intrinsic nature of the collective agreement itself, or through legislation.
UNFAIR DISMISSAL
Authors: Carby‐Hall Jo
Published: January 2008

In the previous monograph, a discussion took place on what constitutes dismissal and when the termination of the contract of employment takes effect. These two aspects treat the first of the statutory qualifications necessary to enable the employee to exercise his right not to be unfairly dismissed, namely that he must first be dismissed.
Recent and Future Developments in Labour Law
Authors: Carby‐Hall J.R.
Published: January 2008

The Employment Act 1988 is the latest legislation in the government's step by step measures to weaken trade unions and to some extent to weaken the encouragement of collective bargaining. The 1988 legislation has been preceded by the Employment Acts 1980 and 1982, the Trade Union Act 1984 and the Wages Act 1986. These numerous legislative measures make the law they cover both complex and confusing. In the resumé which follows, it is not proposed to treat the complex issues which arise as a result of the inter‐relationship of the various pieces of legislation. These have already been treated elsewhere. It is however proposed to examine the salient features of the 1988 Act in a succinct and brief manner.
Worker Participation in the United Kingdom
Authors: Carby‐Hall J.R.
Published: January 2008

The expression “industrial democracy” was first used in the United Kingdom by Sydney and Beatrice Webb in 1891 in a book they wrote on collective bargaining and trade unions. They were then thinking of “industrial democracy” as a bargain between employers and trade unions, in other words, collective bargaining, per se and not worker participation in its modern sense.
Intellectual Property: A Law Regime
Authors: Johnson Howard
Published: January 2008

The purpose of this monograph is to examine the main elements of the Copyright Designs & Patents Act 1988 which received the Royal Assent on the 15th November 1988. The Act provided for a major overhaul of the law on copyright and on registered designs, as well as certain adjustments to patent and trademark law and two major new regimes on performers' rights and design rights. While this is a major domestic reform the law is unlikely to remain unaltered for long because of the move towards a single market within the E.E.C. by 1992. This will lead to the introduction of harmonised regimes on the various elements of intellectual property law such as copyright and industrial design which will no doubt require some readjustment to U.K. domestic law. Recently the E.E.C. Commission published a Green Paper on “Copyright and the Challenge of Technology” which suggests solutions to some questions such as the vexed problem of illegal home taping which are different to those adopted by the U.K. in the new Act. [On 21/12/88 a draft directive on Copyright & Computer Software which proposes a harmonised regime for the protection of computer programs and related matters was published]. It also has to be borne in mind that while Article 222 of the Treaty of Rome states that the treaty does not affect the existence of national intellectual property right regimes the “exercise” of these national rights may be found to infringe the provisions of the Treaty on free movement of goods (Arts. 30–36) or on competition law (Arts. 85–86).
TRADE UNION LAW
Authors: Carby‐Hall Jo
Published: January 2008

Although workers' organisations operated in the early nineteenth century and “…. workers in every trade were becoming very much alive to the necessity for defending their standards”, nevertheless “The first twenty years of the nineteenth century, witnessed a legal persecution of trade unionists as rebels and revolutionists”. The beginnings of modern trade unionism may be traced to about 1850 where a number of craft unions, as for example, miners' and engineering unions, were successful in establishing themselves, and slowly building up their financial resources and thus acquiring sufficient strength to enable them to bargain on almost equal terms with the employer.
ASPECTS OF UNFAIR DISMISSAL LAW
Authors: Carby‐Hall J.R.
Published: January 2008

In a previous monograph a discussion took place on stages one and part of stage two of the three stage process in an unfair dismissal action, namely the employee having to show that he has been dismissed (stage one), and some of the reasons for dismissal which fall within the statutory categories, namely the employee's capability and qualifications; misconduct and redundancy (part of stage two). In this monograph an analysis is proposed on the two remaining reasons, these being the contravention of a duty imposed by an enactment and some other substantial reason. There will then follow a discussion on the test of fairness as constituting the third of the three stage process and on the remedies available when the tribunal finds that the employee has been unfairly dismissed.
“The Commissioner for The Rights of Trade Union Members” An Evaluation of Her Work and Achievements
Authors: Carby‐Hall J.R.
Published: January 2008

In the Foreword to the first Annual Report of the Commissioner for the Rights of Trade Union Members, Mrs.Gill Rowlands says “As Commissioner I am able to provide material assistance to union members contemplating or taking certain proceedings in connection with … matters specified [in] … the 1988 Act. If assistance is granted, the applicant will know that he/she will not be placed at a disadvantage by a lack of ability to obtain legal advice or pay legal costs in connection with those proceedings.”
Is Political Correctness Infiltrating Business Management?
Authors: Laird Michael J.
Published: January 2008

“The imperative of political correctness has spread far beyond the humanities departments and law schools where it was born. In many ways — the panic between some politicians and pundits notwithstanding — it has been a good thing, despite flights of excess and episodes of downright silliness.”
New Legal Decisions Affecting Personnel Management
Authors: Ghear Robert C. , Kleiner Brian H.
Published: January 2008

Nearly 20% of the issues the US Supreme Court is expecting to decide this year involve labor‐management issues such as discrimination, sexual harassment, wrongful termination, and employee testing. Many of these issues will have direct impact on human resource managers in how they administer their personnel policies. The purpose here is to provide information on the most current legal decisions affecting employee‐employer relationships so that sound, intelligent decisions can be made regarding these issues.
NEW DEVELOPMENTS CONCERNING AGE DISCRIMINATION
Authors: Mirhashemi Bahman , Kleiner Brian H.
Published: January 2008

Today it is more important than any other time in our society for people to look young. It can be said that members of our society are obsessed with youth. The word youth is associated with being healthy, active (physically and sexually), useful and intelligent. On the other hand, the term old is associated with words such as unattractive, asexual, useless and incompetent. However, the process of aging is something that everyone goes through, and there is nothing anyone can do about it.
NEW DEVELOPMENTS IN WRONGFUL TERMINATION
Authors: Mayer Tommy , Kleiner Brian H.
Published: January 2008

For over one hundred years the law of the land has been “at‐will” employment, the common‐law doctrine that permits either party to terminate an employment relationship at any time for any reason or for no reason. In our nation's earlier stage of rapid industrial growth, demand for employment was high; therefore, this unrestricted right to fire an employee arguably created negligible costs for employer and employee alike. Employers could easily find new employees, and employees easily find new jobs.
NEW DEVELOPMENTS CONCERNING OVERTIME PAY
Authors: Johnston Wendy , Kleiner Brian H.
Published: January 2008

There have been several new developments in overtime pay within the last decade. The term “overtimepay” was born when congress passed the Fair Labor Standards Act (FLSA) in 1938. All new developments in overtime revolve around this Act. Immediately after this Act was passed, reform measures were underway. The recent issues that surround overtime include: Whom is exempt from overtime pay?; If employers dock employees for partial day absences does that entitle them to overtime pay?; Can employers give compensatory time in lieu of overtime pay?; And is it time to reform the 40‐hour work week?
THE CONTRACTUAL ROLE OF BILLS OF LADING UNDER GREEK LAW
Authors: Zekos Georgios I
Published: January 2008

Although Greece is not a party to the Brussels Convention of 1924 on bills of lading (Hague Rules) major part of its substantive provisions has been incorporated in title 6 of the Code of Private Maritime Law which was introduced by Law 3816 in 1958. The Hague and Hague‐Visby Rules become recently part of the Greek law by law 2107/1992. The contract of carriage of goods by sea is regarded as a kind of the general contract of affreightment (charter‐parties). Scholars have clearly expressed in favour of the regulation of both kinds of contracts under the same provisions. So the former (contract of carriage) is governed by the same provisions as the latter (charter party)