Foster V British Gas Plc
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Foster V British Gas Plc
''Foster v British Gas plc'' (1990C-188/89is a leading EU law concerning the definition of the "state", for the purpose of determining which organisations in the private or public sector can be regarded as an organ of the state. The ECJ held a state is any manifestation or organisation under control of a central government. In a previous case, '' Chandler v Director of Public Prosecutions'', 964AC 763 (HL Lord Reid held a state is synonymous with an 'organised community', and according to Lord Devlin it meant 'the organs of government of a national community'. Facts Mrs Foster was required to retire from her job at British Gas when she was 60 years old, while men could continue until they were 65. British Gas was a nationalised industry at the time (before being privatised under the Gas Act 1986), and she and four other women claimed this was unlawful discrimination on grounds of sex, contrary to the Equal Treatment Directive (then 76/207/EEC, and now recast in 2006/54/EC). Beca ...
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EU Law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples". The EU has political institutions, social and economic policies, which transcend nation states for the purpose of cooperation and human development. According to its Court of Justice the EU represents "a new legal order of international law".''Van Gend en Loos v Nederlandse Administratie der Belastingen'' (1963Case 26/62/ref> The EU's legal foundations are the Treaty on European Union and the Treaty on the Functioning of the European Union, currently unanimously agreed on by the governments of 27 member states. New members may join if they agree to follow the rules of the union, and existing states may leave according to their "own constitutional requirements".TEart 50 On the most sophisticated d ...
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Chandler V Director Of Public Prosecutions
Chandler or The Chandler may refer to: * Chandler (occupation), originally head of the medieval household office responsible for candles, now a person who makes or sells candles * Ship chandler, a dealer in supplies or equipment for ships Arts and entertainment * Chandler (band), an American Christian band * ''Chandler'' (film), 1971 * '' Chandler: Red Tide'', a 1976 illustrated novel by Jim Steranko * Chandler Award, for Australian science fiction * Chandler Bing, a fictional character in the sitcom ''Friends'' Buildings and schools * The Chandler Building, in Berkeley, California, U.S. * Albert B. Chandler Hospital, in Lexington, Kentucky, U.S. * Chandler High School (other), several schools * Chandler School, in Pasadena, California, U.S. * Chandler Scientific School, formerly part of Dartmouth College, U.S. People * Chandler (surname), including a list of people and fictional characters * Chandler (given name), including a list of people and a fictional c ...
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James Reid, Baron Reid
James Scott Cumberland Reid, Baron Reid, (30 July 1890 – 29 March 1975) was a Scottish Unionist politician and judge. His reputation is as one of the most outstanding judges of the 20th century. Life He was born on 30 July 1890 in Drem, East Lothian the son of James Reid a Solicitor of the Supreme Courts (SSC) and his wife, Kate Scott. Educated at Edinburgh Academy, he then studied law at Jesus College, Cambridge, graduating BA in 1910 and LLB in 1911. He was admitted as an advocate in 1914. He was commissioned into the 8th battalion Royal Scots in World War I and was seconded to the Machine Gun Corps in 1916, serving in Mesopotamia and reaching the rank of Major. He resigned his commission in 1921. He was appointed a King's Counsel in 1932. He was Member of Parliament (MP) for Stirling and Falkirk from October 1931 until his defeat in November 1935, and for Glasgow Hillhead from June 1937 until September 1948. He served as Solicitor General for Scotland from ...
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Lord Devlin
Patrick Arthur Devlin, Baron Devlin, PC, FBA (25 November 1905 – 9 August 1992) was a British judge and legal philosopher. The second-youngest English High Court judge in the 20th century, he served as a Lord of Appeal in Ordinary from 1960 to 1964. In 1959, Devlin headed the Devlin Commission, which reported on the State of Emergency declared by the colonial governor of Nyasaland. In 1985 he became the first British judge to write a book about a case he had presided over, the 1957 trial of suspected serial killer John Bodkin Adams.Devlin, Patrick; "Easing the Passing", London, The Bodley Head, 1985 Devlin was involved in the debate about homosexuality in British law; in response to the Wolfenden report, he argued, contrary to H. L. A. Hart, that a common public morality should be upheld. Devlin's daughter Clare, then aged 81, said in 2021 that her father had sexually abused her from the age of 7 until her teens. Early life and education Patrick Devlin was born in ...
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British Gas
British Gas (trading as Scottish Gas in Scotland) is an energy and home services provider in the United Kingdom. It is the trading name of British Gas Services Limited and British Gas New Heating Limited, both subsidiaries of Centrica. Serving around twelve million homes in the United Kingdom, British Gas is the biggest energy supplier in the country, and is considered one of the Big Six dominating the gas and electricity market in the United Kingdom. History 1812–1948 The Gas Light and Coke Company was the first public utility company in the world. It was founded by Frederick Albert Winsor and incorporated by Royal Charter on 30 April 1812 under the seal of King George III. It continued to thrive for the next 136 years, expanding into domestic services whilst absorbing many smaller companies including the Aldgate Gas Light and Coke Company (1819), the City of London Gas Light and Coke Company (1870), the Equitable Gas Light Company (1871), the Great Central Gas Consum ...
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Nationalised Industry
State ownership, also called government ownership and public ownership, is the ownership of an industry, asset, or enterprise by the state or a public body representing a community, as opposed to an individual or private party. Public ownership specifically refers to industries selling goods and services to consumers and differs from public goods and government services financed out of a government's general budget. Public ownership can take place at the national, regional, local, or municipal levels of government; or can refer to non-governmental public ownership vested in autonomous public enterprises. Public ownership is one of the three major forms of property ownership, differentiated from private, collective/cooperative, and common ownership. In market-based economies, state-owned assets are often managed and operated as joint-stock corporations with a government owning all or a controlling stake of the company's shares. This form is often referred to as a state-owned ...
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Gas Act 1986
The Gas Act 1986 (Chapter 44) created the framework for privatisation of the gas supply industry in Great Britain. This legislation would be replacing the British Gas Corporation (government or state ownership) with British Gas plc (private ownership). The Act also established a licensing regime, a Gas Consumers’ Council, and a regulator for the industry called the Office of Gas Supply (OFGAS). Background The liberalisation and privatisation of the energy markets in the United Kingdom began under the tenure of Margaret Thatcher’s Conservative Government in the 1980s. This has been called the Thatcher-Lawson agenda, due to the key role of Nigel Lawson, the Chancellor of the Exchequer (1983–89) in the Thatcher ministry. There was a perceived need to reduce the inefficient state control of the energy sector and to introduce a market-oriented system through privatisation. Access to the energy market would be given to more organisations, improving competition and reducing p ...
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Equal Treatment Directive
Equal Treatment Directive 20062006/54/EC is a legal act of European Union law, which implements the principle of equal treatment between men and women in EU labour law. Background Since the Treaty of Amsterdam came into force in 1999, new EU laws, or Directives, have been enacted in the area of anti-discrimination. The Equal Treatment Directive 2006/54/EC is a consolidation of previous Directives in this area, notably, the Directive 76/207/EEC, which was amended by Directive 2002/73/EC. See also * Anti-discrimination law *Directive 76/207/EEC *EU labour law *List of European Union directives *UK labour law United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ... Notes References * External linksText of the Directive
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European Court Of Justice
The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU). The Court was established in 1952, and is based in Luxembourg. It is composed of one judge per member state – currently – although it normally hears cases in panels of three, five or fifteen judges. The Court has been led by president Koen Lenaerts since 2015. The ECJ is the highest court of the European Union in matters of Union law, but not national law. It is not possible to appeal against the decisions of national courts in the ECJ, but rather national courts refer questions of EU law to the ECJ. However, it is ultimately for the national c ...
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EU Labour Law
European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creating investment within the Union, and in promoting a degree of employee consultation in the workplace, European labour law is viewed as a pillar of the "European social model". Despite wide variation in employment protection and related welfare provision between member states, a contrast is typically drawn with conditions in the United States. The European Union, under the Treaty on the Functioning of the European Union, article 153(1) is able to use the ordinary legislation procedure on a list of labour law fields. This notably excludes wage regulation and collective bargaining. Four main fields of EU regulation of labour rights include (1) individual labour rights, (2) anti-discrimination regulations, (3) rights to information, consultatio ...
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House Of Lords Cases
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air conditioning systems.Schoenauer, Norbert (2000). ''6,000 Years of Housing'' (rev. ed.) (New York: W.W. Norton & Company). Houses use a range of different roofing systems to keep precipitation such as rain from getting into the dwelling space. Houses may have doors or locks to secure the dwelling space and protect its inhabitants and contents from burglars or other trespassers. Most conventional modern houses in Western cultures will contain one or more bedrooms and bathrooms, a kitchen or cooking area, and a living room. A house may have a separate dining room, or the eating area may be integrated into another room. Some large houses in North America have a recreation room. In traditional agriculture-oriented societies, domestic animals s ...
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1990 In Case Law
Year 199 ( CXCIX) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. At the time, it was sometimes known as year 952 ''Ab urbe condita''. The denomination 199 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * Mesopotamia is partitioned into two Roman provinces divided by the Euphrates, Mesopotamia and Osroene. * Emperor Septimius Severus lays siege to the city-state Hatra in Central-Mesopotamia, but fails to capture the city despite breaching the walls. * Two new legions, I Parthica and III Parthica, are formed as a permanent garrison. China * Battle of Yijing: Chinese warlord Yuan Shao defeats Gongsun Zan. Korea * Geodeung succeeds Suro of Geumgwan Gaya, as king of the Korean kingdom of Gaya (traditional date). By topic Religion * Pope Zephyrinus succeeds Pope Victor I, as the ...
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