header-logo header-logo

10 January 2014
Issue: 7589 / Categories: Case law , Law digest
printer mail-detail

Employment—Summary judgment

Qantas Cabin Crew (UK) Ltd v Alsopp and others UKEAT/0318/13/SM, [2013] All ER (D) 246 (Dec)

It was settled law that although a case might turn out at trial not to be really complicated, it did not follow that it should be decided without fuller investigation into the facts at trial than is possible on an application for summary judgment. Accordingly, the court should hesitate about making a final decision without a trial. However, care should be exercised when the case concerned the construction of a written contract. The factual matrix was the key to understanding what the parties had intended by the words they used. If there was no conflict of evidence on a relevant point, it was only when there were reasonable grounds for supposing that a fuller investigation of the facts might make a difference, that the court should decline to construe the contract on summary judgment. 

 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll