header-logo header-logo

Employment—Summary judgment

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

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll