Krasner V McMath
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Krasner V McMath
''Krasner v McMath'' UK labour and United Kingdom insolvency law">insolvency law case concerning the priority of payments to workers of an insolvent company in priority to other creditors. Facts Gerald Krasner was the administrator of an insolvent worsted company, in an appeal joined to another two companies. Barry McMath was one of the employees claiming that his right to compensation for the employer’s failure to consult the workforce about redundancies was payable in priority to the expenses of administration. TULRCA 1992 s 188 gives the right to be consulted 90 days in advance where there are twenty or more dismissals, s 189 gives the right to a ‘protective award’ in lieu of consultation and s 190 specifies this should be one week’s pay per missed week. Mr McMath’s contract had been adopted (in priority to administration expenses) under IA 1986 Sch B1 para 99, and so was owed any ‘liability arising under a contract of employment’. Were protective awards in that c ...
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Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Courts of England and Wales#Senior Courts of England and Wales, Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice of England and Wales, Lord Chief Justice and the Master of the Rolls, Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court (England and Wales), County Court, High Court of Justice and Family Court (England and Wales ...
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Employment Rights Act 1996
The Employment Rights Act 1996 (c. 18) is a United Kingdom Act of Parliament passed by the Conservative government to codify existing law on individual rights in UK labour law. History Previous statutes, dating from the Contracts of Employment Act 1963, included the Redundancy Payments Act 1965, the Employment Protection Act 1975 and the Wages Act 1986. It deals with rights that most employees can get when they work, including unfair dismissal, reasonable notice before dismissal, time off rights for parenting, redundancy and more. It was amended substantially by the Labour government since 1997, to include the right to request flexible working time. This coincides with the Rights at Work Act 1995. Part I, Employment particulars An employee has an employment contract. ERA 1996 section 1(2) states, that the main terms of the contract must be in writing and provided to the employee within two months of the start of their employment. This document is called a "written statement o ...
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Court Of Appeal (England And Wales) Cases
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinar ...
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United Kingdom Insolvency Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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United Kingdom Labour Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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Powdrill V Watson
''Powdrill v Watson'' 9952 AC 394 is a UK insolvency law case concerning the administration procedure when a company is unable to repay its debts. Facts Roger Powdrill was a joint administrator of Paramount Airways Ltd, a short haul aircraft carrier. He wrote to all the employees in the company, including John Watson, saying that the company would keep on paying the employees but was not in any way assuming personal liability. This case was joined with cases where administrative receivers had done the same though making explicit they were not adopting the employee's contracts of employment. This included John Talbot who was in charge of both Leyland DAF Ltd and Ferranti International plc. Mr Watson’s contract was then terminated. He wanted to be paid for his work. He argued that he stood in priority under Insolvency Act 1986 section 19(5) (see now Insolvency Act 1986, Schedule B1) for wages over a two months’ notice period. In Talbot's case, he simply issued applications aski ...
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Robins V Secretary Of State For Work And Pensions
''Robins v Secretary of State for Work and Pensions'' (2007C-278/05is a UK insolvency law and labour law case, concerning the protection of employees' salaries on their employer's insolvency. Facts Robins had been employed by a now insolvent company. He had a final salary pension. The company terminated the scheme and then told everyone there was not enough money to cover members’ benefits. They announced they would reduce benefits for members who had not yet started to receive pension payments. Robins claimed compensation from the Secretary of State for not providing the proper level of social protection under Directive 80/987 art 8. David Pannick QC was acting for the government. The High Court asked the ECJ whether the member state needed to fund a scheme that had run out of money, and whether the UK had properly transposed the Directive. If not, should the UK incur liability? Judgment Judge Timmermans in the ECJ held that the member state did not require pension funds shou ...
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Regeling V Bestuur Van De Bedrijfsvereniging Voor De Metaalnijverheid
''Regeling v Bestuur van de Bedrijfsvereniging voor de Metaalnijverheid'' (1999C-125/97is a European insolvency law and labour law Labour laws (also known as labor laws or employment laws) are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, ... case, concerning the protection of employees' salaries on their employer's insolvency. Facts Mr Regeling was a Dutch welder. He received sporadic pay from January 1991 until August 1991 when with notice the contract was terminated and the employer went bankrupt. He claimed pay from the Bestuur van de Bedrijfsvereniging voor de Metaalnijverheid, the guarantee institution for employee's claims in the Netherlands. This was turned down because the period guaranteed was 13 weeks before termination, and in that period, making up for prior shortfalls, more than normal wages were paid. Judgment The European Cou ...
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European Union Insolvency Protection Directive
European, or Europeans, or Europeneans, may refer to: In general * ''European'', an adjective referring to something of, from, or related to Europe ** Ethnic groups in Europe ** Demographics of Europe ** European cuisine, the cuisines of Europe and other Western countries * ''European'', an adjective referring to something of, from, or related to the European Union ** Citizenship of the European Union ** Demographics of the European Union In publishing * ''The European'' (1953 magazine), a far-right cultural and political magazine published 1953–1959 * ''The European'' (newspaper), a British weekly newspaper published 1990–1998 * ''The European'' (2009 magazine), a German magazine first published in September 2009 *''The European Magazine'', a magazine published in London 1782–1826 *''The New European'', a British weekly pop-up newspaper first published in July 2016 Other uses * * Europeans (band), a British post-punk group, from Bristol See also * * * Europe (disambi ...
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Neuberger LJ
David Edmond Neuberger, Baron Neuberger of Abbotsbury (; born 10 January 1948) is an English judge. He served as President of the Supreme Court of the United Kingdom from 2012 to 2017. He was a Lord of Appeal in Ordinary until the House of Lords' judicial functions were transferred to the new Supreme Court in 2009, at which point he became Master of the Rolls, the second most senior judge in England and Wales. Neuberger was appointed to the Supreme Court, as its President, in 2012. He now serves as a Non-Permanent Judge of the Hong Kong Court of Final Appeal and the Chair of the High-Level Panel of Legal Experts on Media Freedom. Early life Neuberger was born on 10 January 1948, the son of Albert Neuberger, Professor of Chemical Pathology at St Mary's Hospital, University of London, and his wife, Lilian. His uncle was the noted rabbi Herman N. Neuberger. All three of his brothers are or were professors: James Neuberger is Professor of Medicine at the University of Birmingh ...
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