Judgment call: 10 September 2012

Employment

The Court of Appeal made observations on the correct approach to determine whether an individual was a “worker” for the purposes of the Employment Rights Act 1996 s.230(3)(b). The integration test propounded in Cotswold Developments Construction Ltd v Williams [2006] I.R.L.R. 181, [2006] C.L.Y. 1313 would often be appropriate and useful.

Appeal dismissed

For the appellant Hospital Medical Group Ltd

Henderson Chambers’ Patrick Green QC; James Williams (in place of Ms Kathleen Donnelly); The Wilkes Partnership associate Jennifer Allen

For the respondent Westwood
Atlantic Chambers’ Simon Gorton QC; SAS Daniels partner John Cook

Company Law

Peaktone Ltd v Joddrell. [2012] EWCA Civ 1035. Etherton LJ; Munby LJ; Lewison LJ. 26 July 2012

The Companies Act 2006 s.1032(1) operated to retrospectively validate an action purportedly commenced by, or against, a company during the period of its dissolution.

Appeal dismissed

For the appellant Peaktone Ltd

Crown Office Chambers’ Catherine Foster; Clyde & Co claims paralegal Aaron Pulford

For the respondent Joddrell
St Johns Buildings’ James Malam; Recompense Ltd Roger Snell ???CHECK???

Public procurement

Newcastle upon Tyne Hospital NHS Foundation Trust v (1) Newcastle Primary Care Trust; (2) North Tyneside Primary Care Trust; (3) Northumberland Primary Care Trust; (4) Stockton on Tees Teaching Primary Care Trust. [2012] EWHC 2093 (QB). Tugendhat, J. 24 July 2012

The court granted an application, under the Public Contracts Regulations 2006 reg.47H, to lift the automatic suspension of a procurement process imposed by reg.47G. The balance of convenience favoured lifting the suspension because it would not be just to put the defendant in a position where it had no choice but to award an interim contract to an unsuccessful bidder, who was the existing service provider, when it did not consider that to be the proper course.

Application granted

For the claimant Newcastle upon Tyne Hospital NHS Foundation Trust

11KBW’s Peter Oldham QC; Samuel Phillips partner Brendan McNeany

For the defendants (1) Newcastle Primary Care Trust; (2) North Tyneside Primary Care Trust; (3) Northumberland Primary Care Trust; (4) Stockton on Tees Teaching Primary Care Trust.
Monckton Chambers’ Rob Williams; Hempsons partner Andrew Daly

Banking and finance

Standard Chartered Bank v Ceylon Petroleum Corp. [2012] EWCA Civ 1049. Rix LJ; Moore-Bick L.; Rimer LJ. 27 July 2012

A Sri Lankan state-owned oil company had capacity to enter into oil derivative contracts as they were incidental and conducive to its objects under the Ceylon Petroleum Corporation Act 1961 s.5.

Appeal dismissed

For the appellant Ceylon Petroleum Corp

3 Verulam Buildings’ Ali Malek QC, Clive Freedman and James MacDonald; Gibson & Co partner Tony Gibson and Jane Gibson; Ministry of Foreign Affairs

For the respondent Standard Chartered Bank
South Square’s Robin Dicker QC; South Square’s Jeremy Goldring; Linklaters partner Kathryn Ludlow

Agency

Rossetti Marketing Ltd v Diamond Sofa Co Ltd. [2012] EWCA Civ 1021. Lord Neuberger (M.R.); Moses LJ; Rimer LJ. 27 July 2012

In a claim for compensation under the Commercial Agents (Council Directive) Regulations 1993, the court determined an appeal against preliminary findings concerning the circumstances in which an agent was permitted to act for two principals with conflicting interests. The court also cautioned against the dangers of preliminary issues trials.

Appeal allowed in part

For the appellants Diamond Sofa Co

Littleton Chambers’ Charles Samek QC; St John’s Buildings’ David Uff; Betesh Partnership Solicitors partner Jairam Ramsahoye

For the respondents Rossetti Marketing Ltd
Hardwicke’s Nigel Jones QC and David Lewis; Bankside Commercial Ltd director Giles Bright