Case Summaries: 11 JULY 2005. the Following Notes of Judgments Were Prepared by the Reporters of the All England Law Reports

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Disclosure of Documents

Mitsui & Co Ltd v Nexen Petroleum UK Ltd ([2005] EWHC 625 (Ch)); Ch D (Lightman J) 29 Apr 2005

The exercise of the jurisdiction of the court to order Norwich Pharmacal relief against third parties who were mere witnesses of any participation in the wrongdoing being investigated was a remedy of last resort, and was only to be exercised if the innocent third parties were the only practicable source of information. The whole basis of the jurisdiction against such third parties was that, unless and until they disclosed what they knew, there could be no litigation in which they could give evidence.

Christopher Carr QC, David Sulan of Herbert Smith (Herbert Smith) for the claimant; Ian Glick QC, Philip Reed of Norton Rose (Norton Rose) for the defendant.

Equal Pay

Alabaster v Barclays Bank plc and another ([2005] EWCA Civ 508); CA (Brooke, Latham, Neuberger LJJ) 3 May 2005

In order to give effect, in domestic law, to an employee's EC rights to equal pay in a way which complied with the requirements of EC law, those parts of s 1 of the Equal Pay Act 1970 which imposed the requirement for a male comparator had to be disapplied, so that a female employee taking maternity leave could succeed in her claim for sex discrimination without the need for such a comparator, just as she would have done automatically if her claim had not related to the payment of an amount of money that was regulated by her contract of employment, but had fallen within the regime of the Sexual Discrimination Act 1975 instead. …