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Article
Publication date: 1 September 1970

J. Thesiger

March 16, 1970 Negligence — Duty of care — Damage to electric cable by workmen building wall on road — Resulting power failure in near‐by factory — Damage to plant and machinery…

Abstract

March 16, 1970 Negligence — Duty of care — Damage to electric cable by workmen building wall on road — Resulting power failure in near‐by factory — Damage to plant and machinery and loss of day's production in factory — Claim for damages by factory owner — Whether damage too remote — Liability of defendant — Whether actionable nuisance.

Details

Managerial Law, vol. 8 no. 6
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 January 1985

J.R. Carby‐Hall

In a previous monograph a discussion took place on the implied terms at common law which were connected with the employer's duties. It is now proposed to consider the obligations…

Abstract

In a previous monograph a discussion took place on the implied terms at common law which were connected with the employer's duties. It is now proposed to consider the obligations of the employee which are implied by the common law. A discussion and an analysis is proposed of each of the following common law implied duties, namely a duty of care by the employee in carrying out his work; a duty of fidelity where an evaluation of its various aspects will take place and a duty of obedience. The employee's inventions and discoveries will then be treated.

Details

Managerial Law, vol. 27 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 April 1973

Denning, L.J. Buckley and L.J. Roskill

June 13,1972 Industrial Relations — Unregistered trade union — Unpaid shop stewards elected by fellow members with union authority to negotiate at local level with dock employers…

Abstract

June 13,1972 Industrial Relations — Unregistered trade union — Unpaid shop stewards elected by fellow members with union authority to negotiate at local level with dock employers — Shop stewards initiating campaign of blacking container lorries after blacking by unregistered union knowingly inducing breaches of contract made “unfair industrial practice” by statute — Industrial Court orders to union to stop specified blacking — Union advice to shop stewards to obey court orders rejected — Court finding union in contempt and liable to fines and to compensate complainants for unfair industrial practices — Shop stewards agents, not servants of union — Whether evidence of implied authority from union to agents to black — Union not responsible for conduct of shop stewards acting outside scope of express or implied authority — Industrial Relations Act, 1971 (c.72) ss. 96(1), 101,167(1) (9).

Details

Managerial Law, vol. 14 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 February 1973

L.J. Sachs, L.J. Phillimore and L.J. Roskill

October 5, 1972 Factory — Statutory duty — Breach by employer — Meat slicing machinery — Finger injuries — Guard provided by employer habitually not used — Guard not used by…

Abstract

October 5, 1972 Factory — Statutory duty — Breach by employer — Meat slicing machinery — Finger injuries — Guard provided by employer habitually not used — Guard not used by manager in slicing operation continued by employee — Contributory negligence by employee — Proper apportionment of liability where continuous breach of statutory duty by employer — Proper award for finger injuries — Factories Act, 1961 (9 & 10 Eliz. II, c. 34) s. 14(1).

Details

Managerial Law, vol. 13 no. 5
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 May 1972

L.J. Davies, L.J. Karminski and L.J. Roskill

October 19, 1971 Insurance — National Insurance contributions — Employer's liability — Employer a “body corporate” — Failure by limited company to pay contributions in respect of…

Abstract

October 19, 1971 Insurance — National Insurance contributions — Employer's liability — Employer a “body corporate” — Failure by limited company to pay contributions in respect of employees — Conviction and order for payment of arrears — Company in voluntary liquidation — Failure to satisfy order — Claim against former managing director — Not a director at date of magistrates' order — Whether liable — National Insurance Act, 1965 (c.5l) ss.8(2), 95(3) (8).

Details

Managerial Law, vol. 12 no. 2
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 August 1974

Denning, L.J. Orr and L.J. Roskill

May 7, 1974 Iron and Steel — Reorganization — Resettlement compensation — Report to the Minister recommending reorganization — Industry reorganized consequent on report …

Abstract

May 7, 1974 Iron and Steel — Reorganization — Resettlement compensation — Report to the Minister recommending reorganization — Industry reorganized consequent on report — Recession in industry — Closure of mills — Employees suffering loss of employment — Whether loss of employment “in consequence of a relevant event” — Whether employees entitled to resettlement compensation — Iron and Steel (Compensation to Employees) Regulations, 1968 (S.I. 1968, No. 1170).

Details

Managerial Law, vol. 16 no. 6
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 October 1972

M.R. Denning, L.J. Buckley and L.J. Roskill

May 19, 1972 Industrial Relations — Industrial dispute — Emergency provisions — “Irregular industrial action” — Work to rule on railways — “Concerted course of conduct … by a…

Abstract

May 19, 1972 Industrial Relations — Industrial dispute — Emergency provisions — “Irregular industrial action” — Work to rule on railways — “Concerted course of conduct … by a group of workers” — Whether in “breach of their contracts of employment” — Industrial Relations Act, 1971 (c.72), ss. 33(4), 138(1) (2), 139(1) (4), 141(1) (2), 142(1), 143(1) (2). Master and Servant — Contract of service — Effect of railway work to rule disrupting services — Whether in breach of contract — Industrial Relations Act, 1971, s. 33(4).

Details

Managerial Law, vol. 13 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 November 1972

M.R. Denning, L.J. Buckley and L.J. Roskill

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…

Abstract

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).

Details

Managerial Law, vol. 13 no. 2
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 October 1972

M.R. Denning, L.J. Buckley and L.J. Roskill

May 8, 1972 Master and Servant — Redundancy — Redundancy payment — Continuity of employment — Transfer of trade or business — Sale of factory and equipment to new employers …

Abstract

May 8, 1972 Master and Servant — Redundancy — Redundancy payment — Continuity of employment — Transfer of trade or business — Sale of factory and equipment to new employers — Transfer of labour force — No assignment of goodwill or transfer of customers or benefits of contracts — Whether “trade or business … transferred … to [new employers]” — Contracts of Employment Act, 1963 (c.49), Sch. 1 para. 10(2) — Redundancy Payments Act, 1965 (c.62), s.l(l),(2), Sch. 1 para. 1(1).

Details

Managerial Law, vol. 13 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 May 1974

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…

Abstract

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).

Details

Managerial Law, vol. 16 no. 3
Type: Research Article
ISSN: 0309-0558

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