Law1054 Business Law:Crystal Palace Football Assessment Answers

Questions:

Part A

Look at Workshop 2 in your materials pack. Read the case study of O'Brien v MGN Ltd [2001] EWCA Civ 1279, and answer these questions:

1. What does LJ stand for in Hale LJ?

1. How many judges normally sit to hear a case in the Court of Appeal?

1. What was the name of the judge who first heard the claim?

1. Explain what the two citation stand fore in Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd[1989] 1 QB 433, [1998] 1 All ER 348

5. Which party won and which party did the courts say that they had sympathy with?

Part B

Briefly explain the following cases:

1. Crystal Palace Football Club v Walker [1910] 1 KB 87

1. Whittaker v Minister of Pensions and National Insurance [1967] 1 QB 156

1. Ready Mixed Concrete v Minister for Pensions and National Insurance [1968] 2 QB 497

Answers:

Part A

1. In this case, LJ in Hale LJ stands for Lady Justice.
2. In the Court of Appeal, usually 3 judges sit to hear appeal proceedings.
3. In this case, Bingham LJ initially heard the claim.
   
   
4. In the mentioned case, QB stands for the Queen’s Benchand All ER stands for The All England Law Reports. The Queen’s Bench Division forms a part of the High Court of Justice in England and Wales. In 1880, the former Exchequer Divisions and Common Pleas were combined into the Queen’s Bench Division. In England and Wales, a Queen’s Bench Division consists of Lord Chief Justice and Fourteen judges belonging to an inferior rank who exercises original jurisdiction as well as appellate jurisdiction from the County courts and other subordinate courts (Boon, 2014). The All England Law Reports are series of law reports that deals with cases from the courts of England and Wales. The reports include judgments of the House of Lords, All the High Court Divisions and the divisions of the Court of appeal (Poole, 2016). 
   
   
5. In the case study of O'Brien v MGN Ltd [2001] EWCA Civ 1279,the respondent won the suit and the judge had sympathy with O’Brien.

Part B

1. Crystal Palace Football Club v Walker [1910] 1 KB 87

The question determined in this case was whether the footballers of a club were under a contract of services or contract of service. The facts of the case were that a footballer, Walker, was not only paid but was also provided with accommodation for playing on behalf of the club. The Footballer, however, denied playing as per the instructions of the club. The courts explained the distinction between a contract of service and a contract of services. If a person is employed as a part of any business and the job undertaken by the person forms an important part of the business, the person is said to be under a contract of service whereas a person is employed in a business organization whose part of the job for the company does not form a fundamental part of such business, the person is sai8d to be under the contract of services. However, the court held that Walker was under the contract of service as the club exercised control by way of providing him with training and in particular, the club had a control over the residence of eth footballer as well.

1. Whittaker v Ministry of Pensions and National Insurance 1967 1 QB 156

In this case a trapeze artist fell down and fractured her wrist while she was trying to carry out her act. The integration test was upheld by the court in this case where the court stated that for the purpose of determining the employment status of any person, the role played by the person in the business must be determined. The Court, while applying the integration test, opined that the job of n artist forms a fundamental part of the circus business therefore, the artist must be considered as an employment and not an individual worker. The court further held that an artist being an essential part of the circus business and therefore was entitled to claim compensation for the injuries sustained while performing the act. The court based its judgment on the fact that a person who possesses professional expertise and skill may be employed under the contract of service i9rrespective of the fact that the employer of such professionally skilled person may not exercises less control over the person regarding the way in which the employee shall make use of his or her skill.

1. Ready Mixed Concrete v Minister for Pensions and National Insurance [1968] 2 QB 497

This case introduced another test known as the ‘multiple test’. The facts of the case were that the plaintiff entered into a hire-purchase agreement with the owner-drivers to purchase a lorry but the equipments used for mixing was the property of the company. The company asked the Minister of the Social Security to determine the employment status of one of eth owner-drivers.  The Minister held that the owner-driver was employed under the contract of service.  An appeal was preferred before the High Court wherein, it was held that the owner-driver was a small businessman and not an employer. The court held that the contract between the Ready Mixed Concrete and the owner-driver was that of carriage and not a contract of service. The court upheld that the multiple tests may be applied after determining whether the worker was employed to provide his skill for remuneration; whether there exist sufficient amount of control to call the worker as servant. This case involved the control test, the integration test and the multiple test. Therefore, the court held that the owner-driver was an independent contractor.

References

Andrews, N. (2015). Contract law. Cambridge University Press.

Boon, A. (2014). The ethics and conduct of lawyers in England and Wales. Bloomsbury Publishing.

Butler Machine Tool Co Ltd v Ex-cello (Cpn) England Ltd 1979 1 WLR 401

Carlill v carbolic Smoke Ball Co [1893] 1 QB 256.

Cartwright, J. (2016). Contract law: An introduction to the English law of contract for the civil lawyer. Bloomsbury Publishing.

Countouris, N. (2016). The changing law of the employment relationship: comparative analyses in the European context. Routledge.

Cox, N., Schuster, A., & Costello, C. (2017). Sport and the Law. First Law.

Crystal Palace Football Club v Walker [1910] 1 KB 87

Dickinson v Dodds [1876] 2 Ch. D. 463

Errington v Errington wood [1952] 1 KB 290.

Freedland, M., Bogg, A., Cabrelli, D., Collins, H., Countouris, N., Davies, A. C. L., ... & Prassl, J. (Eds.). (2016). The contract of employment. Oxford University Press.

Fried, C. (2015). Contract as promise: A theory of contractual obligation. OUP Us.

Gibson v Manchester City Council [1979] UKHL 6

McKendrick, E. (2014). Contract law: text, cases, and materials. Oxford University Press (UK).

Pharmaceutical Society of Great Britain v Boots [1953] 1 QB

Poole, J. (2016). Textbook on contract law. Oxford University Press.

Ready Mixed Concrete v Minister for Pensions and National Insurance [1968] 2 QB 497

Smits, J. M. (2014). Contract law: a comparative introduction. Edward Elgar Publishing.

Taylor, S., & Emir, A. (2015). Employment law: an introduction. Oxford University Press, USA.

Whittaker v Ministry of Pensions and National Insurance 1967 1 QB 156