Spring V Guardian Assurance Plc
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Spring V Guardian Assurance Plc
is a UK labour law and English tort law case, concerning the duty to provide accurate information when writing an employee reference. Facts The plaintiff was employed by a company that acted as estate agents and agents for the sale of insurance products by Guardian Insurance, the latter of which it was designated as an "appointed representative" under rules issued by LAUTRO. In that regard, the plaintiff was designated as a "company representative" of Guardian Assurance, and thus authorized to sell Guardian insurance policies and to advise on their merits. When the plaintiff's employer was sold to Guardian, its new chief executive did not get on with the plaintiff, and the latter was subsequently dismissed without explanation. He then sought to form his own business selling insurance, and approached the Scottish Amicable Life Assurance Society to be appointed as one of their company representatives. LAUTRO rules required its members to take "reasonable steps to satisfy itse ...
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House Of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. The House of Lords scrutinises Bill (law), bills that have been approved by the House of Commons. It regularly reviews and amends bills from the Commons. While it is unable to prevent bills passing into law, except in certain limited circumstances, it can delay bills and force the Commons to reconsider their decisions. In this capacity, the House of Lords acts as a check on the more powerful House of Commons that is independent of the electoral process. While members of the Lords may also take on roles as government ministers, high-ranking officials such as cabinet ministers are usually drawn from the Commons. The House of Lo ...
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Qualified Privilege
The defence of qualified privilege permits a person in a position of authority or trust to make statements or relay or report statements that would be considered slander and libel if made by anyone else. In New Zealand and Ontario, for instance, cases of political libel are inhibited by permitting open discussion of an allegation or rumor, if conducted responsibly and with due care for the privacy of the person whose reputation would be affected. This privilege generally does not extend to repetition of discredited statements, malice, or comments made out of process or out of order in the organization or institution in which the position of authority is held. The defence became very important in the UK, especially after a case involving allegations made by the ''Sunday Times'' against the Irish Taoiseach Albert Reynolds. During that case the judge outlined a ten-point test of 'responsible journalism'. If reporters and editors followed these points, the judge said, they would enjoy ...
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Unfair Dismissal
In labour law, unfair dismissal is an act of employment termination made without good reason or contrary to the country's specific legislation. Situation per country Australia (See: '' unfair dismissal in Australia'') Australia has long-standing protection for employees in relation to dismissal. Most of that protection was however confined in one of two ways. An employer could not dismiss an employee for a prohibited reason, most typically membership of a union.Such a''Commonwealth Conciliation and Arbitration Act'' 1904 (Cth)s9(1). An individual however could not challenge their own dismissal as being unfair and instead had to rely upon a union challenging the fairness of the dismissal. This remedy however was generally only available in the state tribunals. A similar definition existed at the Commonwealth level, however it was considerably limited by the requirement under the Constitution to establish an inter-state dispute. The ability for an individual to seek relief from unfai ...
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Employment Appeal Tribunal
The Employment Appeal Tribunal is a tribunal in England and Wales and Scotland, and is a superior court of record. Its primary role is to hear appeals from Employment Tribunals in England, Scotland and Wales. It also hears appeals from decisions of the Certification Officer and the Central Arbitration Committee and has original jurisdiction over certain industrial relations issues. The tribunal may sit anywhere in Great Britain, although it is required to have an office in London. It is part of the UK tribunals system, under the administration of His Majesty's Courts and Tribunals Service. The tribunal may not make a declaration of incompatibility under the Human Rights Act 1998. Membership There are two classes of members of the tribunal: *Nominated members, who are appointed from English and Welsh circuit judges, judges of the High Court and the Court of Appeal as well as at least one judge from the Court of Session. *Appointed members, who must have special knowledge or exper ...
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Oxford University Press
Oxford University Press (OUP) is the university press of the University of Oxford. It is the largest university press in the world, and its printing history dates back to the 1480s. Having been officially granted the legal right to print books by decree in 1586, it is the second oldest university press after Cambridge University Press. It is a department of the University of Oxford and is governed by a group of 15 academics known as the Delegates of the Press, who are appointed by the vice-chancellor of the University of Oxford. The Delegates of the Press are led by the Secretary to the Delegates, who serves as OUP's chief executive and as its major representative on other university bodies. Oxford University Press has had a similar governance structure since the 17th century. The press is located on Walton Street, Oxford, opposite Somerville College, in the inner suburb of Jericho. For the last 500 years, OUP has primarily focused on the publication of pedagogical texts and ...
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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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New Law Journal
''New Law Journal'' (NLJ) is a weekly legal magazine for legal professionals, first published in 1822. It provides information on case law, legislation and changes in practice. It is funded by subscription and generally available to most of the legal profession. History It was established in 1822 as ''Law Journal''. It was amalgamated with ''Law Times'' to become ''New Law Journal'' in 1965. From 1947 to 1965 Butterworths published two weekly journals – the ''Law Journal'' and the ''Law Times''. These were different in style and readership, but there was a strong case for rationalisation. Largely at the urging of Richard Millett when he was chairman, the two were amalgamated at the ''New Law Journal''. Tom Harper, till the then the editors of the ''Law Society Gazette'', agreed to become the first editor of the new journal. Jan Miller became editor of the journal at the end of 2007. Features Each issue of ''NLJ'' normally contains about 25 pages of editorial, as well as adverti ...
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University Of Stirling
The University of Stirling (, gd, Oilthigh Shruighlea (abbreviated as Stir or Shruiglea, in post-nominals) is a public university in Stirling, Scotland, founded by royal charter in 1967. It is located in the Central Belt of Scotland, built within the walled Airthrey Castle estate. The university campus is approximately in size, incorporating the Stirling University Innovation Park and the Dementia Centre. The campus is located in the foothills of the Ochil Hills. In 2002, the University of Stirling and the landscape of the Airthrey Estate was designated by the International Council on Monuments and Sites as one of the UK's top 20 heritage sites of the 20th century. As of 2022, the university has 14,000 part-time and full-time students. Stirling has international degree programme partnerships in China with Hebei Normal University, Singapore with Singapore Institute of Management, and Oman. The university offers a MSc in Human Rights & Diplomacy, which is the only Human Ri ...
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Best Practice
A best practice is a method or technique that has been generally accepted as superior to other known alternatives because it often produces results that are superior to those achieved by other means or because it has become a standard way of doing things, e.g., a standard way of complying with legal or ethical requirements. Best practices are used to maintain quality as an alternative to mandatory legislated standards and can be based on self-assessment or benchmarking. Best practice is a feature of accredited management standards such as ISO 9000 and ISO 14001. Some consulting firms specialize in the area of best practice and offer ready-made templates to standardize business process documentation. Sometimes a best practice is not applicable or is inappropriate for a particular organization's needs. A key strategic talent required when applying best practice to organizations is the ability to balance the unique qualities of an organization with the practices that it has in common ...
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Data Protection Act 1998
The Data Protection Act 1998 (DPA, c. 29) was an Act of Parliament of the United Kingdom designed to protect personal data stored on Computer, computers or in an organised paper filing system. It enacted provisions from the European Union (EU) Data Protection Directive 1995 on the protection, processing, and movement of data. Under the 1998 DPA, individuals had legal rights to control information about themselves. Most of the Act did not apply to domestic use,''Data Protection Act 1998''Part IV (Exemptions), Section 36, Office of Public Sector Information, accessed 6 September 2007 such as keeping a personal address book. Anyone holding personal data for other purposes was legally obliged to comply with this Act, subject to some exemptions. The Act defined eight data protection principles to ensure that information was processed lawfully. It was superseded by the Data Protection Act 2018 (DPA 2018) on 23 May 2018. The DPA 2018 supplements the EU General Data Protection Regulation ...
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Murphy V Brentwood DC
was a judicial decision of the House of Lords in relation to recovery for pure economic loss in tort. The court overruled the decision ''Anns v Merton London Borough Council'' with respect to duty of care in English law. Facts A builder failed to build proper foundations to a house. The defendant local authority, approving the building for its building regulations, failed to recognise the problem. When the building became dangerously unstable, the claimant, being unable to raise any money for repairs and choosing not to sue anyone at that stage therefore had to sell the house at a considerable loss. He sought to recover his loss from Brentwood District Council, but this action failed as the loss, the deflated value he obtained for the house, was classed as a pure economic loss. Judgment The House of Lords overruled ''Anns'' and held that the council was not liable in the absence of physical injury. Also, the case of ''Dutton v Bognor Regis UDC'' was disapproved. This judgm ...
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