Defendant could not unilaterally alter employment contracts by introducing new policy for attendance management
Sparks & Ors v Department of Transport [2015] EWHC 181 (QB)
The claimants were all employed by the defendant. The defendant introduced a new policy for attendance management within the “Departmental Staff Handbook” unilaterally in July 2012. The main issue before the Court was whether the defendant entitled to vary those terms unilaterally in July 2012. Held: finding in favour of the claimants it was not open to the defendant to unilaterally vary that contract in July 2012
Claims by Iraqi litigants brought in England were not statute-barred as a matter of Iraqi law
Iraqi Civilian Litigation v Ministry of Defence [2015] EWHC 116 (QB)
As a matter of Iraqi law, in respect of heads of claim brought by Iraqi civilians against the Ministry of Defence pursuant to rights under Iraqi law, the primary limitation period of three years provided by the Iraqi Civil Code, art 232 was suspended by art 435 of the Code.
Application to stay claims of detained Libyan nationals suing for damages
Kamoka & Ors v The Security Service & Ors [2015] EWHC 60 (QB)
The 12 claimants were Libyan nationals who were detained and were suing for damages. In the present case the defendants sought to strike out the claims, or in the alternative stay the claims. Held: in relation to claimants 1 -5, the Court agreed to stay the case for 56 days. The case of claimants 6-10 have been stayed pending an appeal in another case. With regard to claimants 11-12 the Court refused to strike out the claims.
Court reduces damages after assessment in defamation and harassment claim
Royal Brompton & Harefield NHS Foundation Trust & Ors v Shaikh (2014)
The Court was required to assess damages following a default judgment in a claim for defamation and harassment against the defendant. With regard to the harassment, the Court found that the the damages fell within the highest of the three bands (Vento v Chief Constable of West Yorkshire [2002] EWCA Civ 1871 applied) due to the volume, […]
Claimant wins 75% of costs
Hegglin v Person(s) Unknown & Google Inc [2014] EWHC 3798 (QB)
This case concerned who was liable for the costs incurred in the case of Hegglin v Person(s) Unknown & Google Inc [2014] EWHC 3793 (QB). Given the claimant won on most of the points, he was granted 75% of the costs for the hearing.