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RELOCATION NEWS

The Society has now moved to its new premises at 96 Victoria Street, Belfast, BT1 3GN. The new library will be based on the 4th floor and is for 'members only'. We will continue to offer a full range of services with increased emphasis on electronic services and electronic delivery to the profession. Our contact details remain the same:

96 Victoria Street, Belfast, BT1 3GN

Phone: 90 231614

FAX: 90 311323

Library Updater March/April

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High Court and Court of Appeal Decisions

Industrial Tribunal Decisions &Fair Employment Decisions

Practice Directions & Legislation

New Books in the Library

The full text of these decisions are available on the library's Libero database in the Members section or by contacting the library info@lawsoc-ni.org

 

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HIGH COURT AND COURT OF APPEAL DECISIONS

ATTORNEY GENERAL'S REFERENCE (NUMBER 1 OF 2007) NIALL DAVID MCGONIGLE

Application for leave to refer sentences to the Court under s. 36 Criminal Justice Act 1988 on the ground that they were unduly lenient. – armed robbery contrary to s. 8(1) Theft Act (NI) 1969 and custody probation order of 30 months custody and 18 months probation imposed and ordered to run concurrently. – aggravating and mitigating factors. – sentencing practice for robbery. – concurrent or consecutive sentencing. – HELD that the sentences passed in this case were unduly lenient and must be quashed and substituted for concurrent sentences of seven years' imprisonment to comprise, with consent, five years' custody and two years' probation

COURT OF APPEAL

9 MARCH 2007

KERR CLJ, HIGGINS LJ, STEPHENS J

http://lawsociety2.lawsoc-ni.org/unreported/AG_REF_1_2007_MCGONIGLE.doc

BUBBLE INNS LIMITED V BEANNCHOR LIMITED

Specific performance of oral agreement made between the plaintiff and defendant whereby the plaintiff agreed to purchase and the defendant agreed to sell properties. – no note or memorandum in writing under the Statute of Frauds (Ireland) 1690. – whether plaintiff could rely on the doctrine of part performance to render the agreement actionable. – plaintiff claims damages for breach of contract. – defendant bringing action before the court for order vacating the registration of a pending action by the plaintiff in the Registry of Deeds. – whether power of court goes beyond an assessment of good faith only. – risk of loss to defendant and interference with the peaceful enjoyment of the property. – whether power to vacate the charge but grant an injunction subject to a cross undertaking does exist. – HELD that order made vacating the registration of the pending action, and if the plaintiff is unwilling to give the cross undertaking the registration will be vacated

HIGH COURT

12 MARCH 2007

DEENY J

http://lawsociety2.lawsoc-ni.org/unreported/BUBBLE_V_BEANNCHOR.doc

CHIEF CONSTABLE OF THE POLICE SERVICE OF NORTHERN IRELAND V KENNETH MARK CASSELLS AND TANYA ELIZABETH CASSELLS

Appeal by way of case stated from a decision of a Youth Court which exercised its discretion under a. 35 Road Traffic Offenders (NI) Order 1996 not to disqualify the defendant from driving after he pleaded guilty to having driven a motor vehicle while above the legal alcohol limit. – defendant had

driven the victim of an attack home to avoid further injuries, but was attempting a further journey when he was detected by the police. – whether this constituted a reasonable reaction to an unforeseen emergency. – whether there were special reasons to justify the exercise of the Court's discretion not to impose disqualification from driving. – whether there was an emergency in existence at the time of the detection of the offence. – Youth Court concluded that it was not prepared to impose a disqualification or endorse the defendant's licence with penalty points, against the advice of the Resident Magistrate on the panel. – HELD that this conclusion was not one that was reasonably open to them and that the emergency had ceased to exist at the time of detection. – appeal allowed and case remitted to the Youth Court. – Court of Appeal also stated that the lay magistrates should have accepted the advice and guidance provided by the Resident Magistrate in this case

COURT OF APPEAL

2 MARCH 2007

KERR LCJ, CAMPBELL LJ, HIGGINS LJ

http://lawsociety2.lawsoc-ni.org/unreported/PSNI_V_CASSELLS.doc

MARI JOHANSSON V FOUNTAIN STREET COMMUNITY DEVELOPMENT ASSOCIATION

Case stated by an Industrial Tribunal to a requisition made by the appellant arising out of a decision issued by the Tribunal dismissing the appellant's claim alleging disability and race discrimination.- whether Tribunal erred in law. – appellant unsuccessful in appointment process, despite having superior qualifications and more experience than the successful candidate. – whether Tribunal applied the right test correctly in concluding that the appellant would be unable to fulfil the primary purpose of the post. – HELD that the appellant could not demonstrate that the Tribunal had erred in law

COURT OF APPEAL

20 MARCH 2007

GIRVAN LJ

http://lawsociety2.lawsoc-ni.org/unreported/JOHANSSON_V_FOUNTAIN.doc

MARK KING V BOARD OF GOVERNORS OF ST COLMAN'S HIGH SCHOOL BALLYNAHINCH, BOARD OF GOVERNORS OF ST PATRICK'S HIGH SCHOOL BALLYNAHINCH, BOARD OF GOVERNORS OF DRUMANESS PRIMARY SCHOOL BALLYNAHINCH AND SOUTH EASTERN EDUCATION AND LIBRARY BOARD

Plaintiff suffers from dyslexia and learning difficulties. – duty of care of school to provide applicant special support and/or remedial teaching commencing in primary school and continuing thereafter between 1975 and 1987 following the Phelps decision. – limitation on dyslexia cases. – date by which plaintiff knew he had dyslexia. – plaintiff failed to issue a protective writ as advised by his solicitor. – prejudice to each of the defendants given the time that had elapsed since the plaintiff had been at the respective schools, and lack of any records thereto. – whether Court should exercise discretion. – whether cogent medical evidence showing a serious affect on the plaintiff's enjoyment of life and employability. – HELD that it would not be possible to fairly try the claims that the defendants culpably failed to ameliorate the plaintiff's condition. – application dismissed

HIGH COURT

23 FEBRUARY 2007

HART J

http://lawsociety2.lawsoc-ni.org/unreported/KING_V_BOARD.doc

ALISON MILLER V NORTHERN IRELAND OFFICE

Applicant a typist and secretary in the Education Department of HMP Magilligan. - action seeking damages from the NIO as her employer on the basis that it should have paid her an “emergency allowance” at the higher rate as opposed to the lower rate she was currently receiving. – allowance intended to compensate staff who are employed in prisons and have direct contact with prisoners. – level of rate determined by the amount of contact with the prisoners contractual criteria that distinguishes between the higher and lower rate. – defendant had not provided applicant with written particulars of employment. – whether criteria had been correctly constructed. – in the absence of definitions provided by the defendant, whether a reasonable person would have understood the distinction between minimal and regular contact. – rates given to comparable office staff. – application dismissed

HIGH COURT

26 FEBRUARY 2007

STEPHENS J

http://lawsociety2.lawsoc-ni.org/unreported/MILLER_V_NIO.doc

NATURAL WORLD PRODUCTS LIMITED V ARC 21

Contract. – public tender of contract for the provision of organic waste services. – whether plaintiff's disqualification at a late stage was unlawful and in breach of the Public Service Contracts Regulations 1993. – whether information learnt after the bid process was completed should be taken into account in their late application. - whether another bidder could legitimately complain that the plaintiff had been permitted to make a significant departure from its original bid to address a problem of which they were not aware of the time that they submitted the bid. – HELD that the defendants misdirected themselves as to the proper meaning of the plaintiff's bid, and the awarding of the tender must be set aside and defendants are obliged to return the plaintiff's bid and complete their evaluation

HIGH COURT

16 MARCH 2007

DEENY J

http://lawsociety2.lawsoc-ni.org/unreported/NATURAL_V_ARC.doc

R V STEPHEN PAUL MCFERRAN AND IAIN REA

Sentencing. – manslaughter, possession of firearms and ammunition with intent contrary to a. 17 Firearms (Northern Ireland) Order 1981 and possession of explosive substances with intent contrary to s. 3(1) (b) Explosive Substances Act 1883, and possession of imitation firearm with intent to cause fear contrary to a. 17A Firearms (Northern Ireland) Order. – first defendant had incited deceased to rendezvous at which he met his death, and was complicit in the knowledge that some harm was to come of him short of death or serious bodily harm. – aggravating and mitigating factors. – second defendant stored firearm which was used in the killing. – first defendant sentenced to 5 years imprisonment, second defendant to 8 years imprisonment

CROWN COURT

26 FEBRUARY 2007

GILLEN J

http://lawsociety2.lawsoc-ni.org/unreported/R_V_MCFERRAN_AND_REA.doc

R V JAYBE GAMBOA OFRASIO

Defendant indicted on a bill containing four counts under s. 58 (1) (b) of possession of a recording containing information of a kind likely to be useful to a person committing or preparing an act of terrorism. – application that no bill be entered in relation to each count. – whether one of the counts should, as an alternative, be quashed on account of being too vague and a duplication. – whether trial should proceed. – whether evidence must be taken at its best at this stage. – whether on the evidence adduced a reasonable jury properly directed could find the defendant guilty. – whether viewing and caching of a website (ie. the automatic temporary storage on the temporary internet files folder of a pc) established possession of the document for the purposes of s.58. – whether intention on the part of the viewer to store the information on the computer. – HELD that viewing the downloads cannot be said to possess a record and application for a no bill be granted on counts 2 and 3 but refused on counts 1 and 4

CROWN COURT

23 FEBRUARY 2007

HART J

http://lawsociety2.lawsoc-ni.org/unreported/R_V_OFRASIO.doc

R V BRENDAN JOHN JOSEPH RICE

Sentencing. – manslaughter. – defendant pleaded guilty to stabbing deceased during a prolonged fight involving a number of people. – defendant pleaded guilty to the charge at the first available opportunity. aggravating and mitigating factors and risk of re-offending – HELD that the defendant sentenced to 6 years imprisonment

CROWN COURT

2 MARCH 2007

HART J

http://lawsociety2.lawsoc-ni.org/unreported/R_V_RICE.doc

COLIN JOHN SCOTT V BRIAN SCOTT

Application to have will with caveat proved in solemn form. – whether defendant is estopped from denying the defendant's beneficial interest in half the deceased's estate on the basis that the deceased encouraged the defendant to work on her lands and make improvements to the land and buildings thereon in the understanding and belief he would inherit half of the estate of the deceased. – whether suspicion about the circumstances of the knowledge and approval of the testator. – whether defendant could establish a proprietary estoppel by establishing an assurance, which mat arise as a result of expectation, encouragement and detriment. – HELD that there was no assurance and that the defendant be provided with title to such part of the ground not left to him

HIGH COURT

2 MARCH 2007

MORGAN J

http://lawsociety2.lawsoc-ni.org/unreported/SCOTT_V_SCOTT.doc

SOUTH AND EAST BELFAST HEALTH AND SOCIAL SERVICES TRUST AND TL AND NL

Application pursuant to a.18 Adoption (NI) Order for order freeing child (S) for adoption on the ground that her birth parents are unreasonably withholding their agreement. – domestic violence and alcohol abuse. – child currently being cared for by aunt and uncle, whose relationship with the birth parents has seriously deteriorated. – whether withholding parental consent was reasonable. – whether parental consent should be disposed of. – whether removal of S from her present carers would occasion traumatic experiences of separation from her primary attachment figures with whom she enjoys secure attachment relationships. – right to family life under a. 8 ECHR. – HELD that parents are withholding their consent unreasonably and S should be freed for adoption, but that contact with her birth parents should be maintained

HIGH COURT

1 MARCH 2007

WEIR J

http://lawsociety2.lawsoc-ni.org/unreported/SEEB_V_TL_AND_NL.doc

IN THE MATTER OF AN APPLICATION BY CIARAN TONER AND HUGH WALSH FOR LEAVE TO APPLY FOR JUDICIAL REVIEW

Applicants are convicted prisoners who wish to be included in the electoral register and exercise their right to vote. – application under O. 53 r. 3(2) (a) RSC for declaration that the disqualification of convicted prisoners from voting contained in s. 3 and 4 of the Representation of the People Act 1983 does not apply to the forthcoming or any other future election to the Northern Ireland Assembly. – application for damages for breach of the applicant's rights under the ECHR. – effect of Hirst v UK heard in the Grand Chamber of the ECHR that a blanket prohibition against voting by convicted prisoners is incompatible with a. 3 of the First Protocol of ECHR, and is being addressed by the Government. – HELD that the applications be dismissed in the interests of the public and good administration of the country, given the conduct of the applicants with their later application , and the fact that the Government were already addressing the vacuum created by the Hirst decision

HIGH COURT

2 MARCH 2007

GILLEN J

http://lawsociety2.lawsoc-ni.org/unreported/CIARAN_TONER_JUDICIAL_REVIEW.doc

 

INDUSTRIAL TRIBUNAL AND FAIR EMPLOYMENT TRIBUNAL CASES

BIGGART, ANDREW V UNIVERSITY OF ULSTER.

Whether claimant was unfairly dismissed by respondent's failure to renew fixed term contract. - did claimant as fixed term employee suffer less favourable treatment than a comparable permanent employee. - claimant was employed in 1999 as a lecturer in Social Policy/Sociology. - the post was advertised for period of five years and based in Coleraine campus. - on termination of contract Dr Biggart was not offered alternative employment. - university did not treat non-renewal of fixed term contracts in the same as redundancy. - Tribunal was critical of the lack of procedures within the University Human Resources department. - whether there was a suitable comparator. -Tribunal decided that claimant was unfairly dismissed and that the claimant suffered less favourable treatment as a fixed term contract worker contrary to the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2002. - Tribunal made an award in excess of £36,000.

00778/05IT 21 NOVEMBER 2006

http://lawsociety2.lawsoc-ni.org/tribunal/IT_0077805_BIGGART_V_UU.doc

 

BLACK, W IVAN V BALLYROBERT LIMITED

Decision on a pre-hearing review. - whether claimant had a disability within the meaning of the Disability Discrimination Act as amended. - claimant suffered from stress. - whether claimant had mental or physical impairment. - did impairment affect claimant's ability to carry out normal day-to-day activities. - whether impairment had substantial and long term adverse effect. - Tribunal concluded that there was a disability within the meaning of the Act.

3972/03IT 5 FEBRUARY 2007

http://lawsociety2.lawsoc-ni.org/tribunal/IT_397203_BLACK_V_BALLYROBERT.doc

COURTNEY, LIZ AS THE PERSONAL REPRESENTATIVE OF GEORGE MURDOCK (DECEASED) V ROYAL IRISH REGIMENT HEADQUARTERS AND MINISTRY OF DEFENCE

Decision on a pre-hearing review. - whether claim had been presented within the respective time limits. - whether claim should have been lodged at time of claimant's retirement or when he felt he had been "wronged". - Tribunal of the opinion that the claimant knew or ought to have known of the six month time limit. - Tribunal aware of the health of the claimant and the recuperative period after his operation but did not accept that the claimant's surgery prevented him from lodging the claim. - Tribunal does not have jurisdiction to consider the complaint and dismisses the claim

2559/02IT 14 MARCH 2007

http://lawsociety2.lawsoc-ni.org/tribunal/IT_255902_COURTNEY_V_MOD.doc

EVANS, MARTIN V ROYAL MAIL GROUP PLC AND JOHN THOMPSON

Applicant claimed unfair dismissal. - whether reason for dismissal fell within a.130(2) of the Employment Rights Order 1996. - whether dismissal was fair or unfair according to a.130(4) of Employment Rights Order 1996 and guidance set out in case of BHS v Burchill 1978 IRLR 379. - applicant was employed as a delivery postman whose duties included delivery of door-to-door items. - in January 2006 applicant failed to deliver items but claimed payment for delivery. - applicant was dismissed for wilful delay of mail and making a fraudulent claim. - claimant contended that delay was not intentional as deliveries had not been presented to him. - Tribunal found that dismissal was a reasonable response of respondent and that claimant was not unfairly dismissed.

725/06IT 20 MARCH 2007

http://lawsociety2.lawsoc-ni.org/tribunal/IT_72506_EVANS_V_ROYALMAIL.doc

GEARY, MARGARET V NR RETAIL LTD

Whether claimant was unfairly dismissed or constructively dismissed. - were any monies owed to claimant. - whether respondent failed to follow grievance procedure. - applicant and her daughter were employed as sales assistants. - applicant walked when daughter was given a week's notice. - Tribunal found that applicant was not unfairly dismissed and that respondent did not receive grievance letter. - Tribunal decided that applicant was entitled to £131.16 in respect of four days worked.

1048/06IT 26 MARCH 2007

http://lawsociety2.lawsoc-ni.org/tribunal/IT_104806_GEARY_V_NRR.doc

GRAHAM, STANLEY WILLIAM V DISCOUNT WINDOW SYSTEMS LIMITED

Whether claimant had been unfairly dismissed. - respondent dismissed the claimant by reason of redundancy. - whether genuine redundancy situation in business. - respondent did not follow normal procedures for making a redundancy and did not follow advice of solicitor. - disregard of the statutory dismissal procedures. - Tribunal decided that the dismissal of claimant was unfair and awards compensation of £21,337.54

547/05IT 14 MARCH 2007

http://lawsociety2.lawsoc-ni.org/tribunal/IT_54706_GRAHAM_V_DISCOUNT.doc

JOHNSTON, STEPHEN V NIGEL COUSINS T/A MALLUSK ACCIDENT & REPAIR CENTRE AND REDUNDANCY PAYMENTS SERVICE

Applicant claimed for redundancy, holiday pay, notice pay and outstanding wages. - Tribunal found that applicant had received redundancy pay and was working elsewhere. - Claimant had worked 'lying week' and not received payment. - Tribunal decided that claimant be paid £350 in respect of outstanding wages and dismissed other claims.

1701/05IT 8 FEBRUARY 2007

http://lawsociety2.lawsoc-ni.org/tribunal/IT_170105_JOHNSTON_V_COUSINS.doc

LYNCH, PAUL MARTIN V PERFECSEAL LTD AND M P A RECRUITMENT

Whether first named respondent or second named respondent was employer. - implied contract of service existed during the period of the claimant's work with the company. - claimant undertook to work and the Company undertook to pay for the work done. - Tribunal concluded that the Company was the employer

916/06IT; 574/06IT;572/06IT 15 MARCH 2007

http://lawsociety2.lawsoc-ni.org/tribunal/IT_91606_LYNCH_V_PERFECSEAL.doc

MACMANUS, ELIZABETH AND JOANNE CRONOLLY V FLAGSHIP MEDIA GROUP LIMITED AND DEREK CARSTAIRS

Whether grievance procedure could be invoked as in both cases it was outside the time limit. - whether time limit could be extended. - Tribunal found that in both cases it was just and equitable to consider the complaints even though they are outside the time limit

364/06IT; 647/06IT 12 JANUARY 2007

http://lawsociety2.lawsoc-ni.org/tribunal/IT_36406_MACMANUS_V_FLAGSHIP.doc

MCCONNELL, WILLIAM JOHN, GLENN LARMOUR AND ANDREW STEWART GALLAGHER V BOMBARDIER AEROSPACE/SHORTS PLC

Decision on a pre-hearing review. - whether tribunal has jurisdiction to hear applications for interim relief. - Respondents claimed that these were redundancy cases and fall outside the scope of Article 163. - Tribunal found it does have jurisdiction to consider claims.

22 MARCH 2007 256/07IT

http://lawsociety2.lawsoc-ni.org/tribunal/IT_25607_MCCONNELL_V_BOMBARDIER.doc

MCDONAGH, MARTIN AND PATRICK STOKES V EVENT 22 LIMITED

Whether claimants were discriminated against on the grounds of race. - claimants belonged to the Irish Traveller community. - claimants had been employed through a recruitment agency to work for the respondent as labourers over a weekend. - when they arrived for work on the Sunday they were asked to leave and told there was no work available . - claimants noticed that a "settled person" who they had worked with on the first day was still working. - respondent's manager informed the recruitment agency that the claimants had stolen from them. - claimants denied this and there was no evidence to back this accusation up. - Tribunal decided that each of the claimants were discriminated against on the grounds of sex and each claimant is awarded £12,800 to include an award of aggravated damages

71/04IT; 72/04IT 1 FEBRUARY 2007

http://lawsociety2.lawsoc-ni.org/tribunal/IT_7104_MCDONAGH_V_EVENT.doc

ROSSBOROUGH, JOHN V MCCAUSLAND LTD

Decision on a pre-hearing review. - applicant claimed for unfair dismissal. - whether claimant was an employee of the respondent company. - applicant entered into an agreement with Value Cabs to pay a depot rent in return for obtaining fare paying and account customers. - Tribunal found that agreement was contract of services rather than employment contract. - Tribunal decided that claimant was not an employee.

2569/06IT 9 MARCH 2007

http://lawsociety2.lawsoc-ni.org/tribunal/IT_256906_ROSSBOROUGH_V_MCCAUSLAND.doc

SMYTH, ROBERT KENNETH V NIGEL COUSINS T/A MALLUSK ACCIDENT & REPAIR CENTRE AND REDUNDANCY PAYMENTS SERVICE

Applicant claimed for redundancy, holiday pay, notice pay and outstanding wages. - Tribunal found that applicant had received redundancy pay and notice pay. - Claimant was entitled 11.42 holiday days. - Applicant had not been paid for two days work. - Tribunal decided that respondent should pay claimant £682.92 holiday pay and £119.60 outstanding wages.

1677/05IT 8 FEBRUARY 2007

http://lawsociety2.lawsoc-ni.org/tribunal/IT_167705_SMYTH_V_COUSINS.doc

WILSON, KATHY V CITY OF DERRY HOTEL LIMITED AND COLIN AHERNE

Whether tribunal had jurisdiction to hear the claim regarding time limit for presenting the claim. - claimant had claimed unlawful sex discrimination as she had not been selected for interview. - respondent had accused the claimant of being under the influence of alcohol while on duty. - claimant had in fact had an adverse reaction to medication which made her appear intoxicated. - claimant's employment ended on 13 June 2005 and she was subjected to a serious sexual assault on 18 June 2005. - as a result there was a considerable delay in presenting her claim. - Tribunal decided that it was just and equitable to extend the time limit due to the exceptional circumstances of the applicant

5/06IT 10 JANUARY 2007

http://lawsociety2.lawsoc-ni.org/tribunal/IT_506_WILSON_V_DERRY.doc

FET DECISIONS

 

DUFFY, GERALD V ULSTERBUS LIMITED

Applicant had been subjected to harassment and intimidation of a sectarian nature. - claimant felt that the respondent had not properly dealt with the situation. - claimant had worked for the respondent since May 1995 as a shunter/cleaner and then became a bus driver in 1999. - as a result of the situation at work, the claimant went on long term sick leave. - claimant resigned from his position in 2001 as he felt that the respondents did not offer him the support he needed in dealing with the harassment and intimidation. - claimant became an employee in his wife's drycleaning business but still suffered from depression as a result of the harassment. - tribunal found that the claimant had been unlawfully discriminated against on the grounds of his religious belief and the respondent is ordered to pay £59,211.69. - respondent also ordered to pay £19, 950 as the tribunal found that the claimant had also been victimised

84/01FET; 28/02FET 30 MARCH 2007

http://lawsociety2.lawsoc-ni.org/tribunal/FET_8401_DUFFY_V_ULSTERBUS.doc

MAWHIRT, THOMAS HENRY V BRITISH TELECOMMUNICATIONS PLC

Decision on a pre-hearing review. - applicant claimed discrimination on the grounds of religious belief contrary to Fair Employment and Treatment (Northern Ireland) Order 1998. - whether claim was presented within time limits and was it just and equitable to consider claim. - Respondent offered redundancy scheme in time-limited tranches with different severence terms. - applicant was rejected for the first tranche in March 2005 but accepted for second tranche in July 2005. - applicant started grevience procedure in July 2005 but did not lodge claim until August 2006. - Tribunal decided that it did not have jurisdiction as claim was out of time.

00091/06FET 26 MARCH 2007

http://lawsociety2.lawsoc-ni.org/tribunal/FET_000906_MAWHIRT_V_BT.doc

MORGAN, BRIAN V ALAN CARMICHAEL

Whether Tribunal should make Order pursuant to Rule 9(1) and 2(e) of the Fair Employment Tribunal Rules of Procedure 2005 extending the time to enable the respondent to enter a notice of appearance to the claimant's claim. - Tribunal in the interests of justice ordered that the time limit be extended.

183/04FET 20 MARCH 2007

http://lawsociety2.lawsoc-ni.org/tribunal/FET_18304_MORGAN_V_CARMICHAEL.doc

ROGERS, JAMES NEILL V DUNNES STORES (BANGOR) LIMITED, GERRY MCLORNON, PAUL LOUGHRAN, STEPHEN KENNEDY AND CLAIRE MCPEAKE

Applicant claimed unlawful discrimination by reason of religious belief. - first named respondent situated in an interface area. - second named respondent issued a directive that staff members were not permitted to wear badges or emblems including poppies on their uniforms. - applicant found the decision offensive. - decision was eventually overruled by head office. - after the "poppy incident" the claimant became involved in a disagreement about a work issue with another member of staff which resulted in an assault. - formal hearing took place and the applicant was dismissed. - tribunal found that the claimant's dismissal was not connected to the poppy incident as the claimant alleged but that he was dismissed for gross misconduct. - claim dismissed

56/04FET; 355/04FET 22 JANUARY 2007

http://lawsociety2.lawsoc-ni.org/tribunal/FET_5604_ROGERS_V_DUNNES.doc

 

Practice Directions & Legislation

2007 No. 3

Criminal appeals - notice of appeal or application for leave to appeal

7 March 2007

http://lawsociety2.lawsoc-ni.org/practicedirections/2007_NO_3.doc Orders

 

The Budget (Northern Ireland) Order N.I. 8

 

The District Electoral Areas Commissioner (Northern Ireland) (Amendment) Order N.I. 4

The Electricity (Single Wholesale Market) (Northern Ireland) Order NI. 7

The Foyle and Carlingford Fisheries (Northern Ireland) Order N.I. 9

The Northern Ireland Policing Board (Northern Ireland) Order N.I. 5

The Policing (Miscellaneous Provisions ) (Northern Ireland) Order N.I. 6

The Road Traffic (Northern Ireland) Order N.I. 10

 

The Waste (Amendment) (Northern Ireland) Order N.I. 3

 

 

Statutory Regulations

 

Age Discrimination

The Employment Equality (Age) (Consequential Amendments) Regulations

2007 No. 225

http://www.opsi.gov.uk/sr/sr2007/20070225.htm

 

Agriculture

Milk (Cessation of Production) (Revocation) Scheme (Northern Ireland)

2007 No. 107

http://www.opsi.gov.uk/sr/sr2007/20070107.htm

The Official Controls (Animals, Feed and Food) Regulations

2007 No. 133

http://www.opsi.gov.uk/sr/sr2007/20070133.htm

The Products of Animal Origin (Third Country Imports) Regulations

2007 No. 199

http://www.opsi.gov.uk/sr/sr2007/20070199.htm

Animal Health

The Avian Influenza (H5N1 in Poultry) Regulations

2007 No. 207

http://www.opsi.gov.uk/sr/sr2007/20070207.htm

The Avian Influenza (H5N1 in Wild Birds) Regulations

2007 No. 208

http://www.opsi.gov.uk/sr/sr2007/20070208.htm

The Poultry Breeding Flocks and Hatcheries Scheme Order

2007 No. 209

http://www.opsi.gov.uk/sr/sr2007/20070209.htm

Animals

The Animals and Animal Products (Import and Export) (Amendment No. 2) Regulations

2007 No. 224

http://www.opsi.gov.uk/sr/sr2007/20070224.htm

The Avian Influenza (H5N1 in Poultry) Regulations

2007 No. 207

http://www.opsi.gov.uk/sr/sr2007/20070207.htm

The Avian Influenza (H5N1 in Wild Birds) Regulations

2007 No. 208

http://www.opsi.gov.uk/sr/sr2007/20070208.htm

The Poultry Breeding Flocks and Hatcheries Scheme Order

2007 No. 209

http://www.opsi.gov.uk/sr/sr2007/20070209.htm

Companies

The Companies (Audit, Investigations and Community Enterprise) (2005 Order) (Commencement No. 2) Order

2007 No. 95

http://www.opsi.gov.uk/sr/sr2007/20070095.htm

Disability Discrimination

The Industrial Tribunals (Interest on Awards in Sex and Disability Discrimination Cases) (Amendment) Regulations

2007 No. 102

http://www.opsi.gov.uk/sr/sr2007/20070102.htm

Education

The Education (2006 Order) (Commencement No. 2) Order

2007 No. 197

http://www.opsi.gov.uk/sr/sr2007/20070197.htm

The Education (Student Support) Regulations

2007 No. 195

http://www.opsi.gov.uk/sr/sr2007/20070195.htm

The Further Education Teachers' (Eligibility) Regulations

2007 No. 127

http://www.opsi.gov.uk/sr/sr2007/20070127.htm

The Teachers' Pensions etc (Reform Amendments) Regulations

2007 No. 137

http://www.opsi.gov.uk/sr/sr2007/20070137.htm

Electricity

The Renewables Obligations Order

2007 No. 104

http://www.opsi.gov.uk/sr/sr2007/20070104.htm

Employment

The Employment (Northern Ireland) Order 2003 (Amendment of Schedules 2, 3 and 4) Order

2007 No. 91

http://www.opsi.gov.uk/sr/sr2007/20070091.htm

The Social Security Benefits Up-rating Order

2007 No. 153

http://www.opsi.gov.uk/sr/sr2007/20070153.htm

Environmental Protection

The Landfill (Amendment) Regulations

2007 No. 179

http://www.opsi.gov.uk/sr/sr2007/20070179.htm

Water Abstraction and Impoundment (Licensing) (Amendment) Regulations

2007 No. 122

http://www.opsi.gov.uk/sr/sr2007/20070122.htm

Fair Employment

The Fair Employment Tribunal (Remedies) (Amendment) Order

2007 No. 100

http://www.opsi.gov.uk/sr/sr2007/20070100.htm

Fees and Charges

Measuring Instruments (EEC Requirements) (Verification Fees) Regulations

2007 No. 124

http://www.opsi.gov.uk/sr/sr2007/20070124.htm

Fire Services

The Firefighters'Compensation Scheme Order

2007 No. 143

http://www.opsi.gov.uk/sr/sr2007/20070143.htm

The Firefighters' Pension Scheme Order

2007 No. 144

http://www.opsi.gov.uk/sr/sr2007/20070144.htm

The New Firefighters' Pension Scheme Order

2007 No. 215


Food

The Colours in Food (Amendment) Regulations

2007 No. 123

http://www.opsi.gov.uk/sr/sr2007/20070123.htm

The Curd Cheese (Restriction on Placing on the Market) (Revocation) Regulations

2007 No. 136

http://www.opsi.gov.uk/sr/sr2007/20070136.htm

The Food Supplements (Amendment) Regulations

2007 No. 116

http://www.opsi.gov.uk/sr/sr2007/20070116.htm

The Healthy Start Scheme and Day Care Food Scheme (Amendment) Regulations

2007 No. 188

http://www.opsi.gov.uk/sr/sr2007/20070188.htm

The Meat (Official Controls Charges) Regulations

2007 No. 108

http://www.opsi.gov.uk/sr/sr2007/20070108.htm

The Quick-Frozen Foodstuffs (No. 2) Regulations

2007 No. 110

http://www.opsi.gov.uk/sr/sr2007/20070110.htm

Health and Personal Social Services

The Charges for Drugs and Appliances (Amendment) Regulations

2007 No. 140

http://www.opsi.gov.uk/sr/sr2007/20070140.htm

The Health and Personal Social Services (Assessment of Resources) (Amendment) Regulations

2007 No. 161

http://www.opsi.gov.uk/sr/sr2007/20070161.htm

The Health and Personal Social Services (Quality, Improvement and Regulation) (2003 Order) (Commencement No. 4 & Transitional Provisions) Order

2007 No. 220

http://www.opsi.gov.uk/sr/sr2007/20070220.htm

The Health and Personal Social Services (Quality, Improvement and Regulation) (2003 Order) (Specified Agency) Order

2007 No. 162

http://www.opsi.gov.uk/sr/sr2007/20070162.htm

The Health and Social Services Trusts (Dissolution) Order

2007 No. 132

http://www.opsi.gov.uk/sr/sr2007/20070132.htm

The Health and Social Services Trusts (Membership and Procedure) (Amendment) Regulations

2007 No. 82

http://www.opsi.gov.uk/sr/sr2007/20070082.htm

The Optical Charges and Payments (Amendment) Regulations

2007 No. 141

http://www.opsi.gov.uk/sr/sr2007/20070141.htm

Health and Safety

The Biocidal Products (Amendment) Regulations

2007 No. 190

http://www.opsi.gov.uk/sr/sr2007/20070190.htm

The Offshore Safety (Miscellaneous Amendments) Regulations

2007 No. 165

http://www.opsi.gov.uk/sr/sr2007/20070165.htm

The Work at Height (Amendment) Regulations

2007 No. 135

http://www.opsi.gov.uk/sr/sr2007/20070135.htm

Housing

The Housing Benefit (Daily Liability Entitlement) (Amendment) Regulations

2007 No. 121

http://www.opsi.gov.uk/sr/sr2007/20070121.htm

The Social Security Benefits Up-rating Order

2007 No. 153

http://www.opsi.gov.uk/sr/sr2007/20070153.htm

The Social Security (Miscellaneous Amendments) Regulations

2007 No. 154

http://www.opsi.gov.uk/sr/sr2007/20070154.htm

Justice

The Justice (Northern Ireland) Act 2002 (Commencement No. 12) Order

2007 No. 237

http://www.opsi.gov.uk/sr/sr2007/20070237.htm

Industrial Tribunals

The Industrial Tribunals (Interest on Awards in Sex and Disability Discrimination Cases) (Amendment) Regulations

2007 No. 102

http://www.opsi.gov.uk/sr/sr2007/20070102.htm

The Industrial Tribunals (Interest on Awards in Sexual Orientation Discrimination Cases) (Amendment) Regulations

2007 No. 101

http://www.opsi.gov.uk/sr/sr2007/20070101.htm

The Race Relations (Interest on Awards) (Amendment) Order

2007 No. 103

http://www.opsi.gov.uk/sr/sr2007/20070103.htm

Insolvency

The Cross-Border Insolvency Regulations

2007 No. 115

Landlord and Tenant

The Private Tenancies (Forms etc) Regulations

2007 No. 131

http://www.opsi.gov.uk/sr/sr2007/20070131.htm

The Rent Assessment Committees Regulations

2007 No. 88

http://www.opsi.gov.uk/sr/sr2007/20070088.htm

The Rent Book Regulations

2007 No. 89

http://www.opsi.gov.uk/sr/sr2007/20070089.htm

The Tenancy Terms Regulations

2007 No. 87

http://www.opsi.gov.uk/sr/sr2007/20070087.htm

Legal Aid

Legal Advice and Assistance (Amendment) Regulations

2007 No. 173

http://www.opsi.gov.uk/sr/sr2007/20070173.htm

Legal Advice and Assistance (Financial Conditions) Regulations

2007 No. 174

http://www.opsi.gov.uk/sr/sr2007/20070174.htm

Local Government

The General Grant (Specified Bodies) Regulations

2007 No. 85

http://www.opsi.gov.uk/sr/sr2007/20070085.htm

The Local Government (Boundaries 2006) (Commencement No. 1) Order

2007 No. 159

http://www.opsi.gov.uk/sr/sr2007/20070159.htm

The Local Government (Early Termination of Employment) (Discretionary Compensation) Regulations

2007 No. 93

http://www.opsi.gov.uk/sr/sr2007/20070093.htm

The Local Government (General Grant) (Amendment) Regulations

2007 No. 126

http://www.opsi.gov.uk/sr/sr2007/20070126.htm

The Local Government (Payments to Councillors) (Amendment) Regulations

2007 No. 168

http://www.opsi.gov.uk/sr/sr2007/20070168.htm

Local Government Pension Scheme (Amendment) Regulations

2007 No 152

http://www.opsi.gov.uk/sr/sr2007/20070152.htm

Pensions

The Firefighters'Compensation Scheme Order

2007 No. 143

http://www.opsi.gov.uk/sr/sr2007/20070143.htm

The Firefighters' Pension Scheme Order

2007 No. 144

http://www.opsi.gov.uk/sr/sr2007/20070144.htm

The Guaranteed Minimum Pensions Increase Order

2007 No. 139

http://www.opsi.gov.uk/sr/sr2007/20070139.htm

The New Firefighters' Pension Scheme Order

2007 No. 215

The Occupational Pension Schemes (Levies) (Amendment) Regulations

2007 No. 210

http://www.opsi.gov.uk/sr/sr2007/20070210.htm

The Occupational Pensions Schemes (Levy Ceiling) Order

2007 No. 212

http://www.opsi.gov.uk/sr/sr2007/20070212.htm

The Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations

2007 No. 185

http://www.opsi.gov.uk/sr/sr2007/20070185.htm

The Pension Protection Fund (Closed Schemes) Regulations

2007 No. 186

http://www.opsi.gov.uk/sr/sr2007/20070186.htm

The Pension Protection Fund (Liability to pay a Contributions Equivalent Premium) Regulations

2007 No. 181

http://www.opsi.gov.uk/sr/sr2007/20070181.htm

The Pension Protection Fund (Miscellaneous Amendments) Regulations

2007 No. 193

http://www.opsi.gov.uk/sr/sr2007/20070193.htm

The Pension Protection Fund (Pension Compensation Cap) Order

2007 No. 211

http://www.opsi.gov.uk/sr/sr2007/20070211.htm

The Pension Protection Fund (Waiver of Pension Protection Levy and Consequential Amendments) Regulations

2007 No. 157

http://www.opsi.gov.uk/sr/sr2007/20070157.htm

Pensions Increase (Review) Order

2007 No. 170

http://www.opsi.gov.uk/sr/sr2007/20070170.htm

Planning

The Planning (General Development) (Amendment) Order

2007 No. 106

http://www.opsi.gov.uk/sr/sr2007/20070106.htm

Police

The Police (Northern Ireland) Act 2003 (Commencement No. 2) Order

2007 No. 177

http://www.opsi.gov.uk/sr/sr2007/20070177.htm

Police and Criminal Evidence (Northern Ireland) Order 1989 (Codes of Practice) (No.3) Order

2007 No. 58

Police Service of Northern Ireland (Unsatisfactory Performance and Attendance) Regulations

2007 No. 130

http://www.opsi.gov.uk/sr/sr2007/20070130.htm

Procedure

The Rules of the Supreme Court (Northern Ireland) (Amendment)

2007 No. 189

http://www.opsi.gov.uk/sr/sr2007/20070189.htm

Public Health

The Producer Responsibility Obligations (Packaging Waste) Regulations

2007 No. 198

http://www.opsi.gov.uk/sr/sr2007/20070198.htm

The Smoking (2006 Order) (Commencement) Order

2007 No. 118

http://www.opsi.gov.uk/sr/sr2007/20070118.htm

The Smoke-Free (Exemptions, Vehicles, Penalties and Discounted Amounts) Regulations

2007 No. 138

http://www.opsi.gov.uk/sr/sr2007/20070138.htm

The Smoke-free (Premises, Vehicles Operators and Penalty Notices) Regulations

2007 No. 94

http://www.opsi.gov.uk/sr/sr2007/20070094.htm

Race Relations

The Race Relations (Interest on Awards) (Amendment) Order

2007 No. 103

http://www.opsi.gov.uk/sr/sr2007/20070103.htm

Rates

The Non-Domestic Rating (Unoccupied Hereditaments) Regulations

2007 No. 119

http://www.opsi.gov.uk/sr/sr2007/20070119.htm

The Rates (Appeals) Regulations

2007 No. 150

http://www.opsi.gov.uk/sr/sr2007/20070150.htm

The Rates (Consequential Provisions) Order

2007 No. 192

http://www.opsi.gov.uk/sr/sr2007/20070192.htm

The Rates (Exclusion from Service of Completion Notices) Regulations

2007 No. 120

http://www.opsi.gov.uk/sr/sr2007/20070120.htm

The Rates (Maximum Capital Value) Regulations

2007 No. 184

http://www.opsi.gov.uk/sr/sr2007/20070184.htm

Rates (Transitional Provisions) Order

2007 No. 191

http://www.opsi.gov.uk/sr/sr2007/20070191.htm

The Rate Relief (Education, Training and Leaving Care) Regulations

2007 No. 148

http://www.opsi.gov.uk/sr/sr2007/20070148.htm

The Rate Relief (General) Regulations

2007 No. 204

http://www.opsi.gov.uk/sr/sr2007/20070204.htm

The Rate Relief (Qualifying Age) Regulations

2007 No. 203

http://www.opsi.gov.uk/sr/sr2007/20070203.htm

The Rates (Payment of Interest) Regulations

2007 No. 149

http://www.opsi.gov.uk/sr/sr2007/20070149.htm


The Rates (Social Sector Value) Regulations

2007 No. 86

http://www.opsi.gov.uk/sr/sr2007/20070086.htm

The Rates (Transitional Relief) Order

2007 No. 90

http://www.opsi.gov.uk/sr/sr2007/20070090.htm

The Rating of Quarries (Plant and Machinery) Order

2007 No. 180

http://www.opsi.gov.uk/sr/sr2007/20070180.htm

The Valuation Tribunal Rules

2007 No. 182

http://www.opsi.gov.uk/sr/sr2007/20070182.htm

Roads

The Road Humps (Amendment) Regulations

2007 No. 158

http://www.opsi.gov.uk/sr/sr2007/20070158.htm

Road Traffic and Vehicles

The Motor Vehicles (Driving Licences) (Amendment) Regulations

2007 No. 111

http://www.opsi.gov.uk/sr/sr2007/20070111.htm

The Motor Vehicle Testing (Amendment) Regulations

2007 No. 98

http://www.opsi.gov.uk/sr/sr2007/20070098.htm

Public Service Vehicles (Licence Fees) (Amendment) Regulations

2007 No. 97

http://www.opsi.gov.uk/sr/sr2007/20070097.htm

Sex Discrimination

The Industrial Tribunals (Interest on Awards in Sex and Disability Discrimination Cases) (Amendment) Regulations

2007 No. 102

http://www.opsi.gov.uk/sr/sr2007/20070102.htm

Sexual Orientation Discrimination

The Industrial Tribunals (Interest on Awards in Sexual Orientation Discrimination Cases) (Amendment) Regulations

2007 No. 101

http://www.opsi.gov.uk/sr/sr2007/20070101.htm

Social Security

The Pneumoconiosis, etc., (Workers' Compensation) Payment of Claims) (Amendment) Regulations

2007 No. 109

The Social Security Benefits Up-rating Regulations

2007 No. 155

http://www.opsi.gov.uk/sr/sr2007/20070155.htm

The Social Security and Child Support Commissioners (Procedure) (Amendment) Regulations

2007 No. 146

http://www.opsi.gov.uk/sr/sr2007/20070146.htm

The Social Security Claims and Payments) (Amendment) Regulations

2007 No. 128

http://www.opsi.gov.uk/sr/sr2007/20070128.htm

The Social Security (Claims and Payments) (Amendment No. 2) Regulations

2007 No. 206

http://www.opsi.gov.uk/sr/sr2007/20070206.htm

The Social Security (Incapacity Benefit Work-focused Interviews) (Amendment) Regulations

2007 No. 129

http://www.opsi.gov.uk/sr/sr2007/20070129.htm

The Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order

2007 No. 156

http://www.opsi.gov.uk/sr/sr2007/20070156.htm

The Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment) Regulations

2007 No. 167

http://www.opsi.gov.uk/sr/sr2007/20070167.htm

The Social Security (Low Earnings Threshold) Order

2007 No. 164

http://www.opsi.gov.uk/sr/sr2007/20070164.htm

The Social Security (Preparation for Employment Programme 50 to 59 Pilot) Regulations

2007 No. 113

http://www.opsi.gov.uk/sr/sr2007/20070113.htm

The Social Security Revaluation of Earning Factors Order

2007 No. 163

http://www.opsi.gov.uk/sr/sr2007/20070163.htm

The Social Security (Work-focused Interviews for Lone Parents) (Amendment) Regulations

2007 No. 219

http://www.opsi.gov.uk/sr/sr2007/20070219.htm

The Workmen's Compensation (Supplementation) (Amendment) Regulations

2007 No. 172

http://www.opsi.gov.uk/sr/sr2007/20070172.htm

Social Security; Housing; Rates; Family Law; Child Support

The Social Security and Child Support (Miscellaneous Amendments) Regulations

2007 No. 196

http://www.opsi.gov.uk/sr/sr2007/20070196.htm

Water and Sewerage

Metering (Prescribed Consumer) Regulations

2007 No. 84

http://www.opsi.gov.uk/sr/sr2007/20070084.htm

The Urban Waste Water Treatment Regulations

2007 No. 187

http://www.opsi.gov.uk/sr/sr2007/20070187.htm

The Water Industry (Determination of Turnover for Penalties) Order

2007 No. 205

http://www.opsi.gov.uk/sr/sr2007/20070205.htm

The Water and Sewerage Services (2006 Order) (Commencement No. 1 and Transitional Provisions) Order

2007 No. 194

http://www.opsi.gov.uk/sr/sr2007/20070194.htm

Water and Sewerage Charges Scheme Regulations

2007 No. 151

http://www.opsi.gov.uk/sr/sr2007/20070151.htm

Water and Sewerage Services (Successor Company) Order

2007 No. 160

http://www.opsi.gov.uk/sr/sr2007/20070160.htm

Water and Sewerage Services (Transfer Date) Order

2007 No. 145

http://www.opsi.gov.uk/sr/sr2007/20070145.htm

The Water Supply (Water Quality)Regulations

2007 No. 147

http://www.opsi.gov.uk/sr/sr2007/20070147.htm

THE FULL TEXT OF THE DECISIONS, LEGISLATION AND PRACTICE DIRECTIONS ARE AVAILABLE ON THE LIBRARY'S LIBERO DATABASE IN THE MEMBERS SECTION OR BY CONTACTING THE LIBRARY


New Books in the Library

  • Oliver, S. Special educational needs and the law. 2 nd edition. Jordans. 2007.
  • Sugar, S. Unlocking matrimonial assets on divorce. Family Law. 2007.
  • Nock, R. Stamp duty land tax. 2 nd edition. Jordans. 2007.
  • Gould, T. Unfair dismissal: a guide to relevant case law. 25 th edition. Butterworths. 2007.
  • Rubenstein, M. Discrimination: a guide to the relevant caselaw. 20 th edition. Butterworths. 2007.
  • Freedman, P. Service charges law and practice. 4 th edition. Jordans. 2007.
  • Loose, P. The company director: powers duties and liabilities. 9 th edition. Jordans. 2007.
  • Law Reform Advisory Committee. Attestation of wills. Report No. 14. Belfast. 2007.

 

FOR SALE

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These popular publications are available for the first time electronically on separate CD-ROMs. All abstracts hyper-linked to the full text of the case law and decisions via the Libero database. Abstracts are grouped together by subject, providing instant access to reported case law and decisions on a particular topic

CDs cost £30 each for either the High Court or the Fair Employment Tribunals or £50 for both

Contact any member of the library staff for more details or to place your order. info@lawsoc-ni.org or phone 028 90231614 and ask for the library.


Full text of these may be obtained from the library or on Libero

General information about the Law Society library

The library provides a reference and information service to all solicitors on the Society’s roll. It is staffed by 2 librarians and 2 library assistants. The library has implemented a deposit facility whereby material and services provided are automatically debited from solicitors' accounts. Details in members' section.

Library Collection

The library aims to provide solicitors with access to information relevant to all their areas of work. Our on-site collection is supplemented by on-line databases such as LEXIS and the Internet, and CD-ROMS.

The library holds an comprehensive collection of textbooks, journals, law reports, encyclopaedic works and legislation covering the jurisdictions of Northern Ireland, Republic of Ireland, Great Britain and European Union.

*

Library Services

    • Reference library

Our collection is available for solicitors to consult from 9-5, Monday to Friday. Since we are not a lending library the collection is always available in its entirety.

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On request the librarians will carry out legal research (but not interpretation) of library material

    • Document delivery

Information contained in the library can be photocopied, faxed or electronically disseminated

    • Telephone enquiry service

Library staff will endeavour to answer any queries, usually on the spot or on the same day

    • Current awareness service

A monthly list of abstracted journal articles is provided with the Writ. In addition the library carries out reader profiling and tailored current awareness whereby a monthly precis of developments in caselaw/legislation is provided to solicitors in their particular speciality

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