Jivraj V Hashwani
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Jivraj V Hashwani
is a United Kingdom labour law case concerning the scope of employment. Considering European labour law cases and the purpose of discrimination legislation, it held that it was legitimate to select a person of a particular religion to be an arbitrator, here an Ismaili. Facts Jivraj and Hashwani started a property investment joint venture in 1981, with a term that disputes should go to three arbitrators, one appointed by each, and all from the Ismaili community. In 1988 it was terminated, and some assets divided. In 2008, Hashwani’s solicitors wrote claiming more payment and requesting an arbitrator, but identifying a preferred non-Ismaili arbitrator. Jivraj said this was invalid, but Hashwani argued that the Ismaili requirement was contrary to EERBR 2003 r 6(1) and Directive 2000/78/EC art 3. The Judge held EERBR 2003 did not apply to arbitrators, but even if it did, it would be a genuine occupational requirement under EERBR 2003 r 7. The Court of Appeal, Moore-Bick LJ for Aik ...
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Supreme Court Of The United Kingdom
The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom’s highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population. The Court usually sits in the Middlesex Guildhall in Westminster, though it can sit elsewhere and has, for example, sat in the Edinburgh City Chambers, the Royal Courts of Justice in Belfast, and the Tŷ Hywel Building in Cardiff. The United Kingdom has a doctrine of parliamentary sovereignty, so the Supreme Court is much more limited in its powers of judicial review than the constitutional or supreme courts of some other countries. It cannot overturn any primary legislation made by Parliament. However, as with any court in the UK, it can overturn secondary legislation if, for an examp ...
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Lord Phillips
Nicholas Addison Phillips, Baron Phillips of Worth Matravers, (born 21 January 1938) is a British former senior judge. Phillips was the inaugural President of the Supreme Court of the United Kingdom, holding office between October 2009 and October 2012. He was the last Senior Lord of Appeal in Ordinary and the first Lord Chief Justice of England and Wales to be head of the English judiciary when that function was transferred from the Lord Chancellor in April 2006. Before his chief justiceship, he was Master of the Rolls from 2000 to 2005. He sits as a crossbencher. Early life Phillips was born 21 January 1938. He was educated at Bryanston School (where he was appointed a governor of the school in 1975, he has been chairman of its governors since 1981). He undertook National Service with the Royal Navy and the Royal Naval Volunteer Reserve, being commissioned as an officer. After two years' military service he went to King's College, Cambridge, where he read law. In 196 ...
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Robert Walker, Baron Walker Of Gestingthorpe
Robert Walker, Baron Walker of Gestingthorpe , (born 17 March 1938) is an English barrister and former Justice of the Supreme Court of the United Kingdom. He also serves as a Non-Permanent Judge of the Hong Kong Court of Final Appeal. He sat in the House of Lords as a crossbencher until his retirement from the House on 17 March 2021. Early life and non-judicial career Born on 17 March 1938, the son of Ronald Robert Antony Walker by his wife Mary Helen, Walker was educated at Downside School and Trinity College, Cambridge from where he graduated in 1959 with a Bachelor of Arts degree in Classics and Law. He was called to the bar at Lincoln's Inn in 1960 and became a Queen's Counsel in 1982. In 2010 he was the Treasurer of Lincoln's Inn. He is an Honorary Fellow of Trinity College, Cambridge. Lord Walker of Gestingthorpe has served on the Honorary Editorial Board of the Warwick Student Law Review since its inception in 2010. Judicial career In 1994, Walker was appointed a ...
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Jonathan Mance, Baron Mance
Jonathan Hugh Mance, Baron Mance, (born 6 June 1943) is a retired British judge who was formerly Deputy President of the Supreme Court of the United Kingdom. Early life Mance was born on 6 June 1943, (subscription required) one of four children of Sir Henry Stenhouse Mance, one-time chairman of Lloyd's of London, by his wife Joan Erica Robertson Baker. His grandfather, Sir Henry Osborne Mance, was a distinguished soldier and President of the Institute of Transport; his great-grandfather, Sir Henry Christopher Mance, invented the heliograph. Like his father, he attended Charterhouse School, a boarding school in Godalming, Surrey. He then studied law at University College, Oxford and graduated with a first class degree. He was called to the Bar by the Middle Temple in 1965, becoming a QC in 1982 and a Bencher in 1989. Judicial career In 1990, he became a recorder, and on 25 October 1993 was appointed a High Court judge, serving in the Queen's Bench Division, and received th ...
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Anthony Clarke, Baron Clarke Of Stone-cum-Ebony
Anthony Peter Clarke, Baron Clarke of Stone-cum-Ebony, (born 13 May 1943) is a British lawyer. He was one of the first 11 Supreme Court of the United Kingdom Justices and was the first High Court judge to be appointed directly to that court when it came into existence on 1 October 2009 without previously having sat as a Lord of Appeal in Ordinary. He was appointed to the Court of Final Appeal of Hong Kong on 11 April 2011 as a non-permanent judge. He was previously Master of the Rolls and Head of Civil Justice in England and Wales. He retired from the Supreme Court in September 2017. Early life and education Clarke was born to Harry and Isobel Clarke. He was educated at Oakham School. In 1957 the trial of suspected serial killer John Bodkin Adams first made him interested in pursuing a career in the law. He read Economics and Law at King's College, Cambridge. Career He was called to the Bar at Middle Temple in 1965. He developed a commercial and maritime law practice. He ...
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Lord Dyson
John Anthony Dyson, Lord Dyson, (born 31 July 1943) is a former British judge and barrister. He was Master of the Rolls and Head of Civil Justice, the second most senior judge in England and Wales, from 2012 to 2016, and a Justice of the Supreme Court of the United Kingdom from 2010 to 2012. He was the first justice to be appointed who was not a peer. Early life Dyson has an East European Jewish heritage. His mother was Bulgarian and his paternal grandparents Lithuanian. He was born in Yorkshire and educated at Leeds Grammar School. He studied the piano with Dame Fanny Waterman. He then studied classics at Wadham College, Oxford. He was called to Bar at the Middle Temple in 1968. Legal career Dyson took silk in 1982 and was appointed a Recorder in 1986. He became a bencher of Middle Temple Inn in 1990. He was the head of 39 Essex Chambers from 1986 to 1993. He was appointed to the Bench of the High Court on 30 March 1993, sitting in the Queen's Bench Division, and re ...
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United Kingdom Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equity (legal concept), equity. This includes the right to a minimum wage of £9.50 for over-23-year-olds from April 2022 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities, staff can Codetermina ...
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European Labour Law
European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creating investment within the Union, and in promoting a degree of employee consultation in the workplace, European labour law is viewed as a pillar of the "European social model". Despite wide variation in employment protection and related welfare provision between member states, a contrast is typically drawn with conditions in the United States. The European Union, under the Treaty on the Functioning of the European Union, article 153(1) is able to use the ordinary legislation procedure on a list of labour law fields. This notably excludes wage regulation and collective bargaining. Four main fields of EU regulation of labour rights include (1) individual labour rights, (2) anti-discrimination regulations, (3) rights to information, consultatio ...
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Ismaili
Isma'ilism ( ar, الإسماعيلية, al-ʾIsmāʿīlīyah) is a branch or sub-sect of Shia Islam. The Isma'ili () get their name from their acceptance of Imam Isma'il ibn Jafar as the appointed spiritual successor (imām) to Ja'far al-Sadiq, wherein they differ from the Twelver Shia, who accept Musa al-Kadhim, the younger brother of Isma'il, as the true Imām. Isma'ilism rose at one point to become the largest branch of Shia Islam, climaxing as a political power with the Fatimid Caliphate in the 10th through 12th centuries. Ismailis believe in the oneness of God, as well as the closing of divine revelation with Muhammad, whom they see as "the final Prophet and Messenger of God to all humanity". The Isma'ili and the Twelvers both accept the same six initial Imams; the Isma'ili accept Isma'il ibn Jafar as the seventh Imam. After the death of Muhammad ibn Isma'il in the 8th century CE, the teachings of Ismailism further transformed into the belief system as it is known tod ...
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Joint Venture
A joint venture (JV) is a business entity created by two or more parties, generally characterized by shared ownership, shared returns and risks, and shared governance. Companies typically pursue joint ventures for one of four reasons: to access a new market, particularly Emerging market; to gain scale efficiencies by combining assets and operations; to share risk for major investments or projects; or to access skills and capabilities. According to Gerard Baynham of Water Street Partners, there has been much negative press about joint ventures, but objective data indicate that they may actually outperform wholly owned and controlled affiliates. He writes, "A different narrative emerged from our recent analysis of U.S. Department of Commerce (DOC) data, collected from more than 20,000 entities. According to the DOC data, foreign joint ventures of U.S. companies realized a 5.5 percent average return on assets (ROA), while those companies’ wholly owned and controlled affiliates ( ...
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EERBR 2003
The Employment Equality (Religion or Belief) Regulations 2003 is a plank of United Kingdom labour law designed to combat discrimination in relation to people's religion or belief, or absence of religion or belief. They were introduced in order to comply with the European Union Directive 2000/78/EC and complement similar measures on sexuality, age, disability, race and gender discrimination. The EU Directive in turn is similar to legislation passed in the United States. The Regulations have been revoked by, and the substantive provisions included in, the Equality Act 2010.Equality Act, 2010
sched. 27 part 2


Provisions

The main provisions of the regulations are to make direct and indirect discrimination against an employee or potential employee on the grounds of religion unlawful. They also make it unlawful to discriminate b ...
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Richard Buxton (judge)
Sir Richard Joseph Buxton, PC (born 13 July 1938) is a British judge and former Lord Justice of Appeal. He was appointed to the High Court of Justice on 11 January 1994, serving in the Queen's Bench Division. He was subsequently appointed to the Court of Appeal of England and Wales on 1 October 1997. He retired on 30 September 2008. From 19 May 1991 to 4 November 1996 he was a director of the Blenheim Court Residents Company (Woodstock). He was also a director of The Incorporated Council of Law Reporting for England and Wales from 20 September 1993 to 7 July 2008. He is an honorary member of the Society of Legal Scholars and an honorary fellow of Exeter College, Oxford. Legal cases In April 2011 he ruled on a dispute between the Catholic Church and the parents of Cardinal Vaughan Memorial School. He criticised both parties for failing to resolve the issues between themselves and for bringing a case that was a drain on public resources. In December 2011 he refused an applicatio ...
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