Working Time, Sex and Nationality Discrimination

The Working Time Directive has proven to be one of the most contentious areas of EC Law to have been introduced into Britain. Directive 93/104 specifies the number of hours employees have to work as a maximum, together with rest periods and specified times for night shifts. For example, Article 3 allows that workers must … Read more

The Ghosh Test

Where dishonesty is discussed in statute, it’s only negatively defined.  Section 2(1) Theft Act 19681 gives the three situations in which a defendant isn’t dishonest in appropriating property. Where none of these situations apply, dishonesty is governed by the Court of Appeal’s decision in R v Ghosh 1982 QB 2053, referred to as “the Ghosh … Read more

Maintenance of share capital

A share may be described as “an interest of a shareholder in a company measured by a sum of money for the purpose of liability in the first place and of interest in the second”[1].  Shares also represent the statutory contract between a shareholder and all the other shareholders of the company[2]. The share affords … Read more

Social contracts

Social contracts are used to denote an agreement within a state while dealing with the rights and responsibilities of the state and its citizens. All members within a society are assumed to agree to the terms of the contract, when they choose to stay in a society. The social contract theory has been debated for … Read more

Causation

An essential element to establishing a claim of Negligence is that the breach of a duty of care by a Defendant caused loss suffered by a Claimant – or, there’s a causal connection between the Defendant’s carelessness and the Claimant’s loss.  The principles of causation ensure that the Defendant won’t be liable for damage he … Read more

Tort – assessing damages

The principle governing the award of damages in tort, is as nearly as possible to put the claimant in the same position they would have been in if the tort had not been committed (Livingstone v Raywards Coal Co). In some cases, the claimant will have suffered several different kinds of loss.  These types fall … Read more

Land law problem question

Scenario (1) raises the question of whether George can obtain vacant possession of the flats occupied by Bella, Charles, David, Eva and Fiona. There are two types of interest in Land which are Proprietary rights and Personal rights. To ascertain whether or not each individual has an interest in the land that is binding on … Read more

UK immigration

Leave to Enter: Under Section 3 of the Immigration Act 1971 a person without the right of abode may enter the UK if given leave to enter. Leave may be limited or unlimited, and is granted in accordance with the Immigration Rules – and the power to grant leave is exercised by immigration officers. Where unlimited … Read more

Establishing a negligence claim

To establish a claim in Negligence, the Claimant must show that the Defendant owed them a duty of care, which means the Claimant must have been able to reasonably foresee that his actions would be likely to injure the Defendant, there was a sufficient proximity of relationship between the Claimant and Defendant, and that it … Read more

Separate Legal Personality of a Company

Explain how the concepts of separate legal personality and limited liability give rise to the circumstances Gilbert and Sullivan describe. Do you think that the law goes far enough in disregarding, or avoiding the consequences of, separate legal personality, when justice requires it to do so? Some seven men form an Association (If possible, all … Read more

Trusts and certainty of intention

This article looks at the requirements and formalities for a valid trust. In UK law, a trust is an arrangement involving three classes of people; a Settlor, Trustees and Beneficiaries. The Settlor is the person who transfers property to the Trust. The Trustees are people who legally own the Trust Property and administer it for … Read more

Equality and diversity initiatives in the workplace

Equality and diversity initiatives in the workplace is link to business performance. Due to concept of equality and diversity value chain provides connections between investing in equality and diversity initiatives with the employee and employer results. The workplace has many demographic changes, these are, increased number of single parent families, increase aged population, people with … Read more