(1) Cox & others (claimants/respondents) v The Secretary of State for the Home Department (defendant/appellant)
(2) Secretary of State for the Department for Environment, Food & Rural Affairs (defendant/appellant) v Crane & others (claimants/respondents)
(3) HM Revenue & Customs (defendant/appellant) v Smith & others (claimants/respondents)
Tuesday 21 – Wednesday 22 March 2023
(1) Cox – By Appellant’s Notice filed on 8/4/22, the Defendant appeals against the order made by Choudhury J in a judgment handed down on 23/3/22 finding in favour of the Claimants.
C1 to C4 are employed by D and are members of C5 (a trade union). The union subscriptions payable by individual claimants to C5 were until 1/12/14 collected by means of check-off arrangements whereby deductions were made directly from their salaries through the payroll system and paid to C5. C1 to C4 claimed that they had a contractual right to check off and that D had breached their contracts when she removed check off with effect from 1/12/14. C5 brought a claim under the Contracts (Rights of Third Parties ) Act. 1999.
The issues in the case were; whether the individual claimants had a contractual entitlement to check-off and if so whether C5 had an entitlement to bring a third-party claim against D under 1999 Act in respect of subscriptions payable by check-off.
The hearing before Choudhury J was for the determination of liability only.
(2) Crane – By Appellant’s Notice filed on 15/7/22, the Sec of State for Environment, Food and Rural Affairs appeals against the order of Choudhury J dated 24/6/22.
These appeals also concern the removal by the Secretary of State of check-off arrangements in respect of union subscriptions.
(3) Smith – This is an appeal by the HMRC against the order of Freedman J dated 12/12/22 awarding judgment to the Claimants on liability in respect of all of the claims.
The claim is the third judgment to concern the removal of check-off by a Government department and its effect on individual civil servants and their trade union.