Triple Point Technology, Inc -v- PTT Public Company Ltd  (2021) UKSC 29
202111.19
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Triple Point Technology, Inc -v- PTT Public Company Ltd (2021) UKSC 29

Liquidated Damages  Negligence Limitation of liability  Justices Lord Hodge (Deputy President), Lady Arden, Lord Sales, Lord Leggatt, Lord Burrows Background to the Appeal The central issue (Issue 1) on this appeal concerns the approach to interpreting liquidated damages clauses. The liquidated damages clause here was in a familiar form, providing for liquidated damages to be…

Kabab-Ji SAL v Kout Food Group [2021] UKSC 48
202111.17
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Kabab-Ji SAL v Kout Food Group [2021] UKSC 48

Conflict of laws Arbitration Choice of law Validity of Awards Justices Lord Hodge (Deputy President), Lord Lloyd-Jones, Lord Sales, Lord Hamblen, Lord Leggatt   Background to the Appeal The appellant (“Kabab-Ji“), a Lebanese company, entered into a Franchise Development Agreement (“FDA“) with Al Homaizi Foodstuff Company (“Al Homaizi“), a Kuwaiti company, granting Al Homaizi a…

Kostal UK v Dunkley and Ors [2021] UKSC 47
202111.01
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Kostal UK v Dunkley and Ors [2021] UKSC 47

Collective Bargaining Prohibited Result Section 145B TULRCA  Justices: Lord Briggs, Lady Arden, Lord Kitchin, Lord Leggatt, Lord Burrows Background: The 57 claimants are members of unite the union (“Unite”) and are employed as shop floor or manual workers by the respondent, Kostal UK Ltd. The company entered into a recognition and procedural agreement with Unite…

FS Cairo (Nile Plaza) LLC -v- Brownlie (as dependent and executrix of Profession Sir Ian Brownlie CBE, QC) (2021) UKSC 45
202110.25
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FS Cairo (Nile Plaza) LLC -v- Brownlie (as dependent and executrix of Profession Sir Ian Brownlie CBE, QC) (2021) UKSC 45

Conflict of laws Service outside jurisdiction Forum shopping Justices Lord Reed (President), Lord Lloyd-Jones, Lord Briggs, Lord Leggatt, Lord Burrows. Background In January 2010, Lady Brownlie and her husband, Sir Ian Brownlie QC, were on holiday in Egypt. They stayed at the Four Seasons Hotel Cairo at Nile Plaza. On 3 January 2010, they went…

Stuart Delivery Limited -v- Augustine (2021) EWCA Civ 1514
202110.22
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Stuart Delivery Limited -v- Augustine (2021) EWCA Civ 1514

Employment Status Right of Substitution Who is a worker? The Court of Appeal in Stuart Delivery Limited -v- Augustine (2021) EWCA Civ 1514 reaffirms its position in earlier cases that a limited right of substitution is not inconsistent with the duty to personal services personally, in upholding an employment tribunal’s decision that a courier driver…

Royal Mail Group Limited -v- Efobi (2021)UKSC 33
202110.20
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Royal Mail Group Limited -v- Efobi (2021)UKSC 33

Race Discrimination  Burden of proof.  Justices Lord Hodge (Deputy President), Lord Briggs, Lady Arden, Lord Hamblen, Lord Leggatt Background to the Appeal This appeal raises two questions of law: (i) whether a change in the wording of equality legislation has altered the burden of proof in employment discrimination cases and (ii) when a tribunal may…

P2CG Ltd v Davis: EA-2019-000762-AT
202109.28
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P2CG Ltd v Davis: EA-2019-000762-AT

Appeal concerning a Claimant’s complaints that they had been subject to direct discrimination on grounds of disability via their dismissal, amongst other issues including a failure to make reasonable adjustments and harassment relating to disability. The Claimant had been dismissed by the Respondent and brought several claims under the Equality Act 2010. These claims were…