Uksc - Study guides, Revision notes & Summaries

Autoclenz Ltd v Belcher [2011] IRLR 820 - Facts correct answers In order to find that a contract is in part a sham, it was not necessary to show that both parties intended to paint a false picture as to the true nature of their obligations. Autoclenz Ltd v Belcher [2011] IRLR 820 - Principles correct answers Tour guides who worked on a casual 'as-and-when-required' basis claimed that they were employees. Carmichael v National Power plc [2000] IRLR 43 - Facts correct answers For a person ...

3. LIFTING THE VEIL OF INCORPORATION A. SALOMON V SALOMON & CO The effect of the House of Lords' unanimous ruling was to uphold firmly the doctrine of corporate personality, as set out in the Companies Act 1862, so that creditors of an insolvent company could not sue the company's shareholders to pay up outstanding debts. Significance In the decades since Salomon's case, various exceptional circumstances have been delineated, both by legislatures and the judiciary, in England and elsew...

Public Law - ANSWER-regulates the relationship between individuals and the state e.g. HR protects individuals against state interference with their rights. Judicial review allows individuals to challenge state actions that break the law. The Constitution gives state institutions powers to regulate individuals' lives. Public law as the 'procedure' of politics - ANSWER-'The British people remain obstinately concerned with the substance of politics, not its procedures.' - Bogdanor, The ...

This model answer for a law-related essay on international business transactions, specifically focusing on the case of 'United Kingdom Supreme Court in Globalia Globalia Business Travel SAU of Spain v Fulton Shipping Inc of Panama (The New Flamenco) [2017] UKSC 43, [2017] 1 WLR 2581,'. It provides a comprehensive analysis of the legal principles, frameworks, and conventions surrounding this case. The document showcases meticulous research, critical thinking, and a balanced evaluation of the subj...

The Gig Economy- Worker or Self Employed LATEST EDITION 2024/25 GUARANTEED GRADE A+ Preliminary Matters - The disputed cases of employment status often reflect a distinction between the written documentation (which uses the language of entrepreneurial freedom for those who provide work) and the reality of those working arrangements. This reality often reveals a high degree of control over the conduct of work through algorithms. These algorithms deploy ratings systems (such as used by Uber) for...

This model answer for a law-related essay on international business transactions, specifically focusing on the case of 'United Kingdom Supreme Court in Globalia Globalia Business Travel SAU of Spain v Fulton Shipping Inc of Panama (The New Flamenco) [2017] UKSC 43, [2017] 1 WLR 2581,' exemplifies excellence. It provides a comprehensive analysis of the legal principles, frameworks, and conventions surrounding this case. The document showcases meticulous research, critical thinking, and a balanc...

This model answer for a law-related essay on international business transactions, specifically focusing on the case of 'United Kingdom Supreme Court in Globalia Globalia Business Travel SAU of Spain v Fulton Shipping Inc of Panama (The New Flamenco) [2017] UKSC 43, [2017] 1 WLR 2581,' exemplifies excellence. It provides a comprehensive analysis of the legal principles, frameworks, and conventions surrounding this case. The document showcases meticulous research, critical thinking, and a balanc...

What are the courts of first instance for civil cases? County Court and High Court In what act are the procedural rules set out for County Courts? County Courts Act 1984 What cases do County Courts have jurisdiction over? All small track, some fast track (up to £25,000) and multi track cases (depending on the complexity) What are the three divisions of the High Court? Queen's Bench, Chancery and Family Where do small and fast track appeals from the County Court go? County Court (district j...

Lumba , a leading case in false imprisonment heard by the the Supreme Court, established that a detainee would only be awarded damages if an error made by the Secretary of State was the sole reason for the detention. In other words, if the detainee would have been lawfully detained irrespective of the error then he would not be entitled to any more than nominal damages for the tort of false imprisonment. This set the precedent for all similar cases decided immediately after Lumba and continues t...

False imprisonment is the unlawful restriction of a person’s freedom of movement . Lumba is a leading case as it outlines instances of false imprisonment where an appellant is detained by the state, it becomes the Secretary of State’s responsibility to display, on the balance of probabilities, that the detainment under the Immigration Act 1971 Sch.3 was lawful . Lord Dyson asserts this, ‘that he was directly and intentionally imprisoned by the defendant, whereupon the burden shifts to the...