- Explained — Balwant Singh Gill v Jashpal Singh Thind & Ors 2023-11-02
“…g oral agreements (and agreements made partly in writing, partly orally and partly by conduct) as explained by Lord Hoffmann in Carmichael v National Power plc [1999] 1 WLR 2042 at 2049A-D and 2050H–2051C.…”
- Cited — Andrew McCarthy v William Allan Jones & Anor. 2023-05-25
“…arties reached a concluded agreement, and if so, what were its terms. The judge’s conclusion on those questions is one of fact: Carmichael v National Power plc [1999] 1 WLR 2042; Thorner v Major [2009] UKHL 18, [2009] 1 WLR 776 at [82] – [83]. There is a heavy burden on an appellant seeking to challenge a trial judge’s finding of fact,…”
- Cited — Mackie Motors (Brechin) Limited v RCI Financial Services Limited 2023-05-04
“… parties may be relevant in determining the existence of an implied contract (see Lord Hoffmann’s speech at pages 2050-2051 in Carmichael v. National Power plc [1999] 1 WLR 2042). This is echoed by Bingham LJ in [Blackpool and Fylde Aero Club v Blackpool BC [1990] 1 WLR 1195] at page 1202, where he said that “[h]aving examined what the…”
- Cited — Zymurgorium Ltd v Hammonds of Knutsford Plc 2023-01-30
“…Mr Edwards’ fourth principle was that there is no difficulty with a contract that evolves over time, citing Carmichael v National Power plc [1999] 1 WLR 2042 (“Carmichael”). There the question was whether two individuals, who were engaged to act as part-time tour guides at a power station, had contracts of employmen…”
- Cited — The Commissioners for HMRC v Atholl House Productions Limited 2022-04-26
“… contract of employment if the putative employer is under no obligation to offer work: see Nethermere (St Neots) Ltd v Gardiner,Carmichael v National Power plc [1999] 1 WLR 2042 at 2047A-B per Lord Irvine of Lairg LC, Usetech Ltd v Young [2004] EWHC 2248 (Ch) at [55]-[65], Professional Game Match Officials Ltd v HMRC [2021] EWCA Civ 13…”
- Cited — Nursing and Midwifery Council v Somerville 2022-02-25
“…Carmichael v National Power plc [1999] 1 WLR 2042, 2047…”
- Cited — Nursing and Midwifery Council v Somerville 2022-02-25
“…Similarly, other cases relied upon by the respondent, such as Nethermere, and Carmichael and another v National Power Plc[1999] 1 WLR 2042 were concerned with whether overarching contracts were contracts of employment so that the individuals were employed in periods when they were not, in fact, wo…”