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Citation
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Judgment date
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| May 2014 |
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29 May 2014 |
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Government privatisation frustrated post‑employment hospital benefits; cash‑in‑lieu claim lacked contractual basis and appeal dismissed.
Contract law — frustration by governmental privatisation; separate corporate personality; foreseeability and self‑inducement; no contractual right to cash in lieu; evidential burden; Privatisation Act/Privatisation Revenue Account not creating direct company liability.
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29 May 2014 |
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27 May 2014 |
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Appeal succeeds on pension computation: use ZSIC formula and apply 15% internal interest to retirement, then court interest thereafter.
Pension assessment – employer’s contributions – correct formula to be applied consistent with treatment of similarly situated employees – internal scheme interest applies only up to retirement – court-awarded interest applies after judgment (24% to judgment; 35% thereafter) – referral for reassessment.
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23 May 2014 |
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22 May 2014 |
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Appellant unlawfully detained twice; employers held vicariously liable after trial judge’s factual misapprehension reversed.
Tort — False imprisonment/unlawful detention — Detention by private persons and police — Onus to justify detention once detention established — Employer vicarious liability for employees’/agents’ torts — Appellate interference where trial judge misapprehends pleadings and evidence.
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22 May 2014 |
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Parties cannot by consent overturn a court’s nullification of an MP’s election; candidate liable for treating and undue influence.
Election law – election petitions are public matters under Article 72 – parties cannot by consent set aside judicial nullification; candidate liability for corrupt or illegal campaign practices by persons acting with his knowledge or consent (apparent agents); treating and undue influence (distribution of money/goods, timing of benefits, threats) – limited application of s.93(3) – judicial discretion on taking judicial notice of other judgments.
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18 May 2014 |
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13 May 2014 |
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11 May 2014 |
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Tribunal lacked jurisdiction to continue proceedings after the applicant’s resignation was accepted; decision quashed and prohibited.
Judicial review – Tribunal jurisdiction under Article 98(3),(5) – Resignation under Article 137(2) – Illegality and excess of jurisdiction – Wednesbury unreasonableness – Certiorari and prohibition granted.
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8 May 2014 |
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Failure to fully comply with an 'unless' order leads to dismissal; partial compliance does not regularise an appeal.
Civil procedure – 'unless' orders – failure to comply results in dismissal; partial compliance insufficient; irregular steps remain irregular until cured by application; motion to dismiss for want of prosecution properly entertained when brought before restoration.
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4 May 2014 |
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1 May 2014 |
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1 May 2014 |
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1 May 2014 |