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England and Wales Case Law

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Employment law

Danny Duployen v Whyte & Mackay Limited

The tribunal did not err in refusing reinstatement or re-engagement, in its assessment of injury to feelings, or in its approach to mitigation of loss. The tribunal erred only in failing to award interest on compensation for discrimination, which is now ordered.

  • Constructive dismissal
  • Disability discrimination
  • Remedies for unfair dismissal
  • Injury to feelings
  • Mitigation of loss
  • Interest on awards
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Employment law

Colin Smith v Nottingham City Transport

The tribunal erred in treating allegation 6 (harassment by Ms Swift) as no longer live without clear withdrawal or strike out, and failed to determine that complaint; however, the tribunal did not err in its adjudication of other complaints, its reasoning for injury to feelings was sufficient, and its decision not to award interest was within its discretion given the compensation awarded.

  • Disability discrimination
  • Harassment
  • Victimisation
  • Injury to feelings
  • Interest on awards
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Administrative law

The Queen v Lloyd Kelly

The Court of Appeal held that a Crown Court appeal under the police pensions regulations can cover backdated injury pension entitlement, and it upheld interest.

  • Police pensions
  • Injury awards
  • Statutory interpretation
  • Jurisdiction of crown court
  • Interest on awards
  • Police-pensions
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Commercial law

A v B

Commercial Court decision dismissing an FOB sale and GAFTA arbitration appeal and section 68 challenge over vessel nomination, charterparty disclosure, and interest.

  • Fob contracts
  • Vessel nomination
  • Repudiatory breach
  • Conditions and warranties
  • Interest on awards
  • Gafta arbitration
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Sanctions law [2020] EWCA Civ 145

Ministry of Defence & Support for Armed Forces of the Islamic Republic of Iran v International Military Services Ltd

Ministry of Defence & Support for Armed Forces of the Islamic Republic of Iran v International Military Services Ltd [2020] EWCA Civ 145 (12 February 2020)

The Court of Appeal held that EU sanctions prevented MODSAF from enforcing post-award interest for the sanctions period, but not the principal award.

  • Enforcement of arbitral awards
  • Eu sanctions regime
  • Interest on awards
  • Interpretation of eu regulations
  • No claims provisions
  • Right to property
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Administrative law [2020] EWHC 210 (Admin)

Chief Constable Of South Yorkshire Police, R (on the application of) v The Crown Court At Sheffield & Anor

Chief Constable Of South Yorkshire Police, R (on the application of) v The Crown Court At Sheffield & Anor [2020] EWHC 210 (Admin) (06 February 2020)

Judicial review of a Crown Court police pension appeal. The High Court upheld backdating of Mr Kelly’s injury pension but set aside the award of interest.

  • Police injury benefits
  • Judicial review
  • Statutory interpretation
  • Pension backdating
  • Jurisdiction of crown court
  • Interest on awards
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International arbitration [2019] EWHC 1994 (Comm)

Ministry of Defence & Support for Armed Forces of the Islamic Republic of Iran v International Military Services Ltd

Ministry of Defence & Support for Armed Forces of the Islamic Republic of Iran v International Military Services Ltd [2019] EWHC 1994 (Comm) (24 July 2019)

The High Court held that EU sanctions barred MODSAF from enforcing post-award interest for the sanctions period, and that Article 42 did not apply.

  • Enforcement of arbitration awards
  • Eu sanctions
  • Interest on awards
  • Public policy exception
  • Interpretation of eu regulations
  • Arbitration-award-enforcement
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Insurance law [2018] EWHC 2185 (Comm)

The Cultural Foundation & Anor v Beazley Furlonge Ltd & Ors

The Cultural Foundation & Anor v Beazley Furlonge Ltd & Ors [2018] EWHC 2185 (Comm) (15 August 2018)

Costs judgment after preliminary issues in an insurance dispute over professional indemnity cover, set-off of defence costs, and post-award interest.

  • Professional indemnity insurance
  • Third parties (rights against insurers) act 1930
  • Costs orders
  • Preliminary issues
  • Interest on awards
  • Set-off of defence costs
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.