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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
back-to-top-scroll