Lister v Forth Dry Dock & Engineering Co Ltd [1988] UKHL 10. Confirmed that domestic legislation ought be interpreted so as to give effect to EC law. Facts. Following financial difficulties, the defendants, Forth Dry Dock, entered receivership.
Judgement for the case Litster v Forth Dry Dock. This related to an unfair dismissal claim and some regulations enacted by parliament specifically to make the laws comply with an EC regulation. Therefore the courts were to use purposive reasoning so that the regulations should be interpreted on the basis that they mean to be in compliance with EU …
Litster and others (Appellants) v. Forth Dry Dock Engineering CompanyLimited (In Receivership) and another (Respondents) (Scotland) JUDGMENT. Die Jovis 16° Martii 1989. Upon Report from the Appellate Committee to whom was referred theCause Litster and others against Forth Dry Dock Engineering CompanyLimited (In Receivership) and another.
Litster v Forth Dry Dock & Engineering Co Ltd [1989] I.R.L.R. 161 is an Employment Law case concerning the Transfer of Undertakings (Protection of Employment) Regulations. Facts: A company (Forth Dry Dock), went into receivership and entered into an agreement to transfer specific business interests to the receivers (Forth Estuary).
3/16/1989 · Dry Dock Engineering Co. Ltd. (“the Forth Dry Dock ”). The Forth Dry Dock was the subsidiary and a member of a group of companies headed by a parent company which defaulted in payments under a debenture issued to Lloyds Bank Plc. On 28 September 1983, Lloyds Bank Plc. appointed receivers to all the companies in the group. The business of the …
Litster v Forth Dry Dock and Engineering Co Ltd [1988] UKHL 10 reported at [1989] ICR 341, HL and also reported at [1989] IRLR 161 (1989 Feb. 1, 2; March 16 – Lord Keith of Kinkel, Lord Brandon of Oakbrook, Lord Templeman, Lord Oliver of Aylmerton and Lord Jauncey of Tullichettle) The full text of this judgment is available free of charge on the …
3/16/1989 · Appeal from – Litster and Others v Forth Dry Dock and Engineering Co Ltd SCS 1988 (Second Division of the Inner House of the Court of Session) Twelve applicants worked for an employer who went into insolvent receivership. The receivers agreed to sell the business assets. An hour before completion the workers were dismissed and . . [1988] IRLR 289, Litster and others v Forth Dry Dock and Engineering Co Ltd and another [1989] 1 All ER 1134. LORD TEMPLEMAN: My Lords, by art 3 of EC Council Directive 77/187 dated 14 February 1977 the Council of the European Communities directed that on the transfer of a business from one employer to another, the benefit and burden of a contract of employment between the transferor (the old owner) and a …
