Ratio decidendi

1. The Employment Tribunal. 2. Nadine Quashie was not an employee and in any event did not have the requisite period of continuous employment. 3. Judge Mcmullen QC. 4. Nadine was the appellant and Stingfellow restaurant was the respondent. 5. The degree of control by the employer. The principle term of the agreement between the club and Nadine. 6. Employment Appeal Tribunal upheld the claimant’s appeal. The judge concluded that she was an employee and had the necessary continuity of employment.…

In 1707 the Acts of Union were approved by the Westminster Parliament and by the Parliament of Scotland. With the Acts of Union, England and Scotland were declared united ‘by the Name of Great Britain’. Scots law is a legal system which includes elements of civil law and common law. Scots law is based on several sources of law: the legislation or statute law, a written enactment of legal rules passed by the Parliament; the common law: judicial precedent, institutional writings and custom.…

Ratio Decidendi: Judge Rebecca Steinman and the jury find Mason guilty of Criminal Facilitation because he commits both the actus reus as well as the mens rea in aiding the murder of Doctor Vinton. Criminal Facilitation Rick Mason is charged and found guilty of criminal facilitation by the judge in court. As stated in law, “A person is guilty of criminal facilitation in the first degree when, believing it probable that he is rendering aid to a person who intends to engage in criminal conduct,…

CASE NAME AND CITATION Valilas v Januzaj [2014] EWCA Civ 436 COURT AND JUDGES Court of Appeal (Civil Division): Underhil, Arden and Floyd LLJ. PARTIES Appellant/Defendant: Valdent Januzaj Respondent/Claimant: Ioannis Valilas MATERIAL FACTS 1. The Defendant ran a dental practise, Droitwich Spa (DS), at which the Claimant worked under an oral agreement (the “Agreement”). 2. The agreement was that in return for the right to make use of the practise facilities, equipment and staff service, the…

the cost of the appeal the court would order that the appellant should recover 25% of the costs of the appeal. LORD JUSTICE RIMER’S JUDGEMENT Agreed with both judgements which has given by Lord Rix and Lord Tomlinson RATIO DECIDENDI Concerning above all facts the appeal has been dismissed but Mr. Walker has awarded £5 on the first ground of…

Style of Cause and Citation: R. v. Paterson,(2017) SCC 15 Court: “Supreme Court of Canada (SCC) and Court of Appeal of British Columbia (British Columbia’s Court of Appeal) Facts of the case: Following an agreement with the appellant to affect a “no case” seizure if he surrenders three marihuana roaches. The police make a warrantless search and entry by police into the home of the appellant. Once inside, the police found a bulletproof vest, a firearm and drugs (R. v. Paterson, (2017)). They…

doctrine of Judicial Precedent affects Judicial Law making, one must first contemplate what the doctrine of Judicial Precedent is. The doctrine of Judicial Precedent is fundamentally a rule that all lower courts are to be bound by the decision or ratio decidendi of the higher courts. As a result of this, cases that are alike are decided in a similar way. However, it is not this simple, as it will be seen throughout this essay that a lot more circumstances are involved that affect the judicial…

precedents. The doctrine is highly influenced by three Latin legal terminologies which are; obiter Dicta, ratio decided and stare decisis. In the persuasive precedent where court is not obliged to adhere to was decided but may refer to it to make a better decision for example in the case of; R V Howe [1987] the house of lords ruled that duress would not be a defence in case of murder[ ratio decidendi] they also made relevant remarks[obiter ] that duress…

ONLSTH 30 (CanLII), were reviewed in order to decide the appropriate penalty. [3] Adjournment was refused due to Mr. Garvis failing to comply with the rules of the Law Society and because he did not provide any evidence to support his defence. Ratio Decidendi: [1] All Law Society Members have an obligation to comply with the Law Society. The test to determine whether a member failed to comply; (i) Did the Law Society communicate with the licensee, requesting a response?; (ii) Did licensee…

The correspondence that emerges from Chang’s case can be connected on this case to achieve any conclusion both cases had comparable material facts. 20. Ratio Decidendi on account of String fellow vs Nadine Quashie. There was an agreement amongst parties and parties were bound by it. On the off chance that there would no presence of commonality of commitment and one would performing and getting its compensation…