MEASURES ADOPTED BY THE INSTITUTIONS - DIRECTIVES - DIRECT EFFECT - CONDITIONS, 5 . In 1980, she was dismissed for the sole reason that she had passed the qualifying age for the British State pension. This means that an unimplemented or improperly implemented directive can only be relied upon and enforced against the state which, according to reasoning in Van Duyn (1974), is prevented from its own failure to implement to avoid the obligation owed under the directive. Is the law in this area satisfactory? make a direct claim against her employer, Ms Foster needed to show that Google Scholar. 6 . Oxbridge Notes uses cookies for login, tax evidence, digital piracy prevention, business intelligence, and advertising purposes, as explained in our had Horizontal direct effect. Savjani v. I.R.C. FROM 23 MAY 1974 SHE WORKED UNDER A CONTRACT OF EMPLOYMENT AS SENIOR DIETICIAN . TEU, to compensate individuals affected by the violation. The ECJ, in a full court of 13 judges, answered to the first question that a general policy concerning dismissal if a woman solely because she has attained the qualifying age for a state pension, which age is different for men and for women, constitutes discrimination on grounds of sex and as such is in breach of the directive. It would not therefore be proper to put persons employed by the State in a better position than those who are employed by a private employer. Search result: 1 case (s) 1 documents analysed. Marshall v Southampton and South West Area Health Authority No. implementation of the principle of equal treatment for men and women as - M. H. Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching). In a later case it was set that any one of the elements set out in in the case of Foster need only be satisfied for a body to be found to be an emanation of the state, rather than all three. If a certain provision of EU law is horizontally directly effective, then citizens are able to rely on it in actions against each other. However the claim on the basis that the principle of equal treatment laid down by directive 76/207 was upheld. employment constituted unlawful discrimination on grounds of sex: ( ON 5 MAY 1983 THE COMMISSION SUBMITTED TO THE COUNCIL A PROPOSAL FOR A DIRECTIVE ON THE IMPLEMENTATION OF THE PRINCIPLE OF EQUAL TREATMENT FOR MEN AND WOMEN IN OCCUPATIONAL SOCIAL SECURITY SCHEMES ( OFFICIAL JOURNAL 1983 , C 134 , P . 10 THE INDUSTRIAL TRIBUNAL DISMISSED THE APPELLANT ' S CLAIM IN SO FAR AS IT WAS BASED ON INFRINGEMENT OF THE SEX DISCRIMINATION ACT , SINCE SECTION 6 ( 4 ) OF THAT ACT PERMITS DISCRIMINATION ON THE GROUND OF SEX WHERE IT ARISES OUT OF ' PROVISION IN RELATION TO RETIREMENT ' ; THE INDUSTRIAL TRIBUNAL TOOK THE VIEW THAT THE RESPONDENT ' S GENERAL POLICY CONSTITUTED SUCH PROVISION . Henry Stickmin Images, 36 HOWEVER , IN VIEW OF THE FUNDAMENTAL IMPORTANCE OF THE PRINCIPLE OF EQUALITY OF TREATMENT , WHICH THE COURT HAS REAFFIRMED ON NUMEROUS OCCASIONS , ARTICLE 1 ( 2 ) OF DIRECTIVE NO 76/207 , WHICH EXCLUDES SOCIAL SECURITY MATTERS FROM THE SCOPE OF THAT DIRECTIVE , MUST BE INTERPRETED STRICTLY . 7 ( 1)(A )), 3 . Wells et al. Once the ECJ had answered the question, their decision was remitted to the reconvened Court of Appeal (which in the interim had adjourned this case). Meet India's Casemine, Shaking Up the Legal AI Case Analysis Market. 40 THE APPELLANT AND THE COMMISSION CONSIDER THAT THAT QUESTION MUST BE ANSWERED IN THE AFFIRMATIVE . The wide scope of public Authorities was left to the national courts of Member states. 40 ). H . On the other hand in Griffin v South West Water the national court considered that a privatised water company was an emanation of the state, while the body itself was not as such under the control of the state, certain parts of the services it operated were. of article 6 having regard to the principles and aims of the Directive. 7 SECTIONS 27 ( 1 ) AND 28 ( 1 ) OF THE SOCIAL SECURITY ACT 1975 , THE UNITED KINGDOM LEGISLATION GOVERNING PENSIONS , PROVIDE THAT STATE PENSIONS ARE TO BE GRANTED TO MEN FROM THE AGE OF 65 AND TO WOMEN FROM THE AGE OF 60 . THE QUESTION THEREFORE RELATES TO THE CONDITIONS GOVERNING DISMISSAL AND FALLS TO BE CONSIDERED UNDER DIRECTIVE NO 76/207 . ( 2 ) ARTICLE 5 ( 1 ) OF COUNCIL DIRECTIVE NO 76/207 OF 9 FEBRUARY 1976 , WHICH PROHIBITS ANY DISCRIMINATION ON GROUNDS OF SEX WITH REGARD TO WORKING CONDITIONS , INCLUDING THE CONDITIONS GOVERNING DISMISSAL , MAY BE RELIED UPON AS AGAINST A STATE AUTHORITY ACTING IN ITS CAPACITY AS EMPLOYER , IN ORDER TO AVOID THE APPLICATION OF ANY NATIONAL PROVISION WHICH DOES NOT CONFORM TO ARTICLE 5 ( 1 ). Marshall v Southampton and South West Area Health Authority No. SOCIAL POLICY - MEN AND WOMEN WORKERS - ACCESS TO EMPLOYMENT AND WORKING CONDITIONS - EQUAL TREATMENT - DIRECTIVE NO 76/207 - ARTICLE 5 ( 1 ) - EFFECT IN RELATIONS BETWEEN THE STATE AND INDIVIDUAL - STATE ACTING AS EMPLOYER. They contend in particular, with regard to Articles 2(1) and 5(1) of Directive No. 2012] OJ C326/47 Article 267 2 For instance, in the case law "Marshall v Southampton and South West Hampshire Area Health Authority" (1986)7, a judgment in favor of the plaintiff of CJEU was rendered on the request of a preliminary ruling from Court of Appeal . 17 PURSUANT TO THE LAST-MENTIONED PROVISION , THE COUNCIL ADOPTED DIRECTIVE NO 79/7/EEC OF 19 DECEMBER 1978 ON THE PROGRESSIVE IMPLEMENTATION OF THE PRINCIPLE OF EQUAL TREATMENT FOR MEN AND WOMEN IN MATTERS OF SOCIAL SECURITY ( OFFICIAL JOURNAL 1979 , L 6 , P . Vertical direct effect concerns the relationship between EC Law and national law, however horizontal direct effect, is concerned with the relationship between individuals and other individuals, this may include any private body including companies. ice hockey clubs for beginners near manchester; mutton curry kerala style lakshmi nair; bills draft picks today; . To the second question the Court held that the directive can be relied on by the individual against an actor of state, but not of private legal entities. THE DIRECTIVE PROVIDES FOR A NUMBER OF POSSIBLE EXCEPTIONS , THE DETAILS OF WHICH ARE TO BE LAID DOWN BY THE MEMBER STATES . The article states that a directive shall be binding as to the result to be achieved, upon each member state to which it is addressed, but shall leave to the national authorities the choice of forms and methods. Constitutional Law Milestone Cases in United Kingdom. '. Fact of statement Ms Marshall, Applicant, worked as a dietitian for the National Health Service of UK, Respondent, her employer being the Southampton and South West Hampshire Area Health Authority. Google Scholar. THE PRINCIPLE OF EQUAL TREATMENT SHALL MEAN THAT THERE SHALL BE NO DISCRIMINATION WHATSOEVER ON GROUNDS OF SEX EITHER DIRECTLY OR INDIRECTLY BY REFERENCE IN PARTICULAR TO MARITAL OR FAMILY STATUS ' . She claimed damages, but the national law had set a limit on the amount of damages claimable which was . sustained and whether article 6 enabled such a person to contest the applicability of national legislation which was intended to give effect to the the state, and the Directive in question could have vertical direct effect. 49 IN THAT RESPECT IT MUST BE POINTED OUT THAT WHERE A PERSON INVOLVED IN LEGAL PROCEEDINGS IS ABLE TO RELY ON A DIRECTIVE AS AGAINST THE STATE HE MAY DO SO REGARDLESS OF THE CAPACITY IN WHICH THE LATTER IS ACTING , WHETHER EMPLOYER OR PUBLIC AUTHORITY . I-3314 - Reference for a preliminary ruling: Court of Appeal (England) - United Kingdom. EU Law Assignment by Mark Ryder (1571728) The case of Marshall v Southampton and South West Hampshire Area Health Authority (Teaching) (Marshall (No.1)) [1986] 1 C.M.L.R. She was an employee of an Area Health Authority (or "AHA"), a body established by the UK government under the National Health Service Act 1977, as amended by the Health Services Act 1980. Download Full PDF Package. 22. EN. IT FOLLOWS THAT A DIRECTIVE MAY NOT OF ITSELF IMPOSE OBLIGATIONS ON AN INDIVIDUAL AND THAT A PROVISION OF A DIRECTIVE MAY NOT BE RELIED UPON AS SUCH AGAINST SUCH A PERSON . HOWEVER , THE LEGISLATION DOES NOT IMPOSE ANY OBLIGATION TO RETIRE AT THE AGE AT WHICH THE STATE PENSION BECOMES PAYABLE . This was finally made explicit by the ECJ in its decision in M.H. A $20,000 Capacity Building Grant from Virginia Housing is helping an African American-led community development organization out of Charlottesville create its strategic plan. Use quotation marks to search for an "exact phrase". 7 ). This case involved an application for a preliminary ruling. By contrast, directives are not directly applicable since they require implementation into national law. HOWEVER , THEY MAINTAIN THAT A DIRECTIVE CAN NEVER IMPOSE OBLIGATIONS DIRECTLY ON INDIVIDUALS AND THAT IT CAN ONLY HAVE DIRECT EFFECT AGAINST A MEMBER STATE QUA PUBLIC AUTHORITY AND NOT AGAINST A MEMBER STATE QUA EMPLOYER . [42] The Commission is of the opinion that the provisions of Article 5(1) of Directive No. M. H. Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching). 54 WITH REGARD , IN THE FIRST PLACE , TO THE RESERVATION CONTAINED IN ARTICLE 1 ( 2 ) OF DIRECTIVE NO 76/207 CONCERNING THE APPLICATION OF THE PRINCIPLE OF EQUALITY OF TREATMENT IN MATTERS OF SOCIAL SECURITY , IT MUST BE OBSERVED THAT , ALTHOUGH THE RESERVATION LIMITS THE SCOPE OF THE DIRECTIVE RATIONE MATERIAE , IT DOES NOT LAY DOWN ANY CONDITION ON THE APPLICATION OF THAT PRINCIPLE IN ITS FIELD OF OPERATION AND IN PARTICULAR IN RELATION TO ARTICLE 5 OF THE DIRECTIVE . It concerned a Miss Marshall who had been employed as a Senior Dietician with the Southampton and South West Hampshire Area Health Authority (Teaching) from the 23rd of May 1974 until her dismissal on the 31st of March 1980, that is to say four weeks after she reached the age of 62. 11 ON APPEAL TO THE EMPLOYMENT APPEAL TRIBUNAL THAT DECISION WAS CONFIRMED AS REGARDS THE FIRST POINT BUT WAS SET ASIDE AS REGARDS THE SECOND POINT ON THE GROUND THAT , ALTHOUGH THE DISMISSAL VIOLATED THE PRINCIPLE OF EQUALITY OF TREATMENT LAID DOWN IN THE AFOREMENTIONED DIRECTIVE , AN INDIVIDUAL COULD NOT RELY UPON SUCH VIOLATION IN PROCEEDINGS BEFORE A UNITED KINGDOM COURT OR TRIBUNAL . [46] It is necessary to recall that, according to a long line of decisions of the Court (in particular its judgment of 19 January 1982 in Case 8/81 Becker v Finanzamt Minister-Innenstadt [1982] ECR 53), wherever the provisions of a directive appear, as far as their subject-matter is concerned, to be unconditional and sufficiently precise, those provisions may be relied upon by an individual against the State where that State fails to implement the directive in national law by the end of the period prescribed or where it fails to implement the directive correctly. '. 13 ARTICLE 1 ( 1 ) OF DIRECTIVE NO 76/207 PROVIDES AS FOLLOWS : ' THE PURPOSE OF THIS DIRECTIVE IS TO PUT INTO EFFECT IN THE MEMBER STATES THE PRINCIPLE OF EQUAL TREATMENT FOR MEN AND WOMEN AS REGARDS ACCESS TO EMPLOYMENT , INCLUDING PROMOTION , AND TO VOCATIONAL TRAINING AND AS REGARDS WORKING CONDITIONS AND , ON THE CONDITIONS REFERRED TO IN PARAGRAPH ( 2 ), SOCIAL SECURITY . The three limb test set out by the case of Foster , was also accompanied by the ECJ referring to previous decisions indicating that directives can also be invoked against tax authorities, this can be seen in the case Becker v Hauptzollamt Munster Innerstadt, local or regional authorities such as the case Fratelli Costanzo v commune de Milano, authorities responsible for the maintenance of public order and safety which is illustrated in the case of Johnston v RUC, and public health authorities. They ensure harmonization of laws in different Member States and are considered more flexible as they provide states with discretion and some scope for national differences. Automatically reference everything correctly with CiteThisForMe. Caesars Sportsbook Promo Code Takes Out First-Bet . The HL referred to the ECJ the questions of whether (1) a victim of sex discrimination was entitled to full compensation including interest and (2) whether the victim of sex discrimination was entitled to challenge the applicability of UK law, which limited compensation and therefore was against the directive. The directive provides for a number of possible exceptions, the details of which are to be laid down by the Member States. European Court reports 1986 Page 00723 Swedish special edition Page 00457 It must therefore be examined whether, in this case, the respondent must be regarded as having acted as an individual. 76/207 are sufficiently clear and unconditional to be relied upon before a national court. - Case 152/84. Health Service Executive v Power (Approved) [2022] IESC 17 (31 March 2022) Clare County Council v McDonagh & Anor (Approved) [2022] IESC 15 (14 March 2022) E.L.G. View examples of our professional work here. 47 THAT VIEW IS BASED ON THE CONSIDERATION THAT IT WOULD BE INCOMPATIBLE WITH THE BINDING NATURE WHICH ARTICLE 189 CONFERS ON THE DIRECTIVE TO HOLD AS A MATTER OF PRINCIPLE THAT THE OBLIGATION IMPOSED THEREBY CANNOT BE RELIED ON BY THOSE CONCERNED . To export a reference to this article please select a referencing stye below: EU law, or European Union law, is a system of law that is specific to the 28 members of the European Union. THIS PRINCIPLE IS HEREINAFTER REFERRED TO AS ' ' THE PRINCIPLE OF EQUAL TREATMENT ' ' . This was one of the questions for the court in Defrenne v Sabena 1976 , which involved a claim for equal pay made against an employer under Article 141. Van Duyn v The Home Office (case 41/74) [1974] ECR 1337. As well as direct affect being applied vertically and horizontally they are also directly applicable. REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE COURT OF APPEAL OF ENGLAND AND WALES FOR A PRELIMINARY RULING IN THE PROCEEDINGS PENDING BEFORE THAT COURT BETWEEN, SOUTHAMPTON AND SOUTH-WEST HAMPSHIRE AREA HEALTH AUTHORITY ( TEACHING ). Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. [13] Marshall v Southampton and South Wales Hampshire Area Health Authority [1993] 4 All ER 586, CJEC. 43 THE RESPONDENT AND THE UNITED KINGDOM PROPOSE , CONVERSELY , THAT THE SECOND QUESTION SHOULD BE ANSWERED IN THE NEGATIVE . Marshall v. Southampton and South-West Hampshire Area Health Authority (Teaching) (152/84), 26 February 1986: [1986] E.C.R. The fundamental problem was therefore to determine the meaning and scope '. Judgment of the Court of 26 February 1986. In the UK the retirement age for men was 65 years old, yet for women it was 60 years old. as a result of discriminatory dismissal. On appeal, the House of Lords sought clarification from the ECJ, who replied with A Directive may be invoked against a body, whatever its legal form, which has been made responsiblefor providing a public service under the state and has for that purpose special powers beyond those which result in from the normal rules applicable in relations between individuals. On this interpretation a nationalised undertaking such as British Gas would be a public body against which a directive may be enforced, as the House of Lords decided. ALTHOUGH ACCORDING TO UNITED KINGDOM CONSTITUTIONAL LAW THE HEALTH AUTHORITIES , CREATED BY THE NATIONAL HEALTH SERVICE ACT 1977 , AS AMENDED BY THE HEALTH SERVICES ACT 1980 AND OTHER LEGISLATION , ARE CROWN BODIES AND THEIR EMPLOYEES ARE CROWN SERVANTS , NEVERTHELESS THE ADMINISTRATION OF THE NATIONAL HEALTH SERVICE BY THE HEALTH AUTHORITIES IS REGARDED AS BEING SEPARATE FROM THE GOVERNMENT ' S CENTRAL ADMINISTRATION AND ITS EMPLOYEES ARE NOT REGARDED AS CIVIL SERVANTS . (a minor suing by her mother and next friend S.G.) v Health Service Executive (Approved) [2022] IESC 14 (11 March 2022) Higgins v Irish Aviation Authority [2022] IESC 13_4 (07 March 2022) However, while direct effect would allow legal actions based on directives against the state ( vertical direct effect ), the ECJ did accept that the 'state' could . As an employer a State is no different from a private employer. 21 BY THE FIRST QUESTION THE COURT OF APPEAL SEEKS TO ASCERTAIN WHETHER OR NOT ARTICLE 5 ( 1 ) OF DIRECTIVE NO 76/207 MUST BE INTERPRETED AS MEANING THAT A GENERAL POLICY CONCERNING DISMISSAL , FOLLOWED BY A STATE AUTHORITY , INVOLVING THE DISMISSAL OF A WOMAN SOLELY BECAUSE SHE HAS ATTAINED OR PASSED THE QUALIFYING AGE FOR A STATE PENSION , WHICH AGE IS DIFFERENT UNDER NATIONAL LEGISLATION FOR MEN AND FOR WOMEN , CONSTITUTES DISCRIMINATION ON GROUNDS OF SEX , CONTRARY TO THAT DIRECTIVE . 76/207, which implements the principle of equality of treatment set out in Article 2(1) of the directive, may be considered, as far as its contents are concerned, to be unconditional and sufficiently precise to be relied upon by an individual as against the State, it must be stated that the provision, taken by itself, prohibits any discrimination on grounds of sex with regard to working conditions, including the conditions governing dismissal, in a general manner and in unequivocal terms. Internationale Handelsgesellchaft mbH v Einfuhr- & Vorratsstelle fur Getreide & Futtermittel (Case 11/70) [1970] ECR 1125; before the ECJ, Syndicat Generale des Fabricants de Semoules [1970] CMLR 395 - (French Conseil d'Etat), Internationale Handelsgesellchaft mbH v Einfuhr- & Vorratsstelle fur Getreide & Futtermittel (Solange I) [1974] 2 CMLR; (German Federal Constitutional Court), Minister for Economic Affairs v SA Fromagerie Franco-Suisse 'Le Ski' [1972] CMLR 330; before the Belgian Cour de Cassation, Administration des Dounaes v Societe Cafes Jacques Vebre Jacques Vabres [1975] 2 CMLR 336 - before the French Cour de Cassation, Frontini v Minister delle Finanze [1974] 2 CMLR 372 (Italian Constitutional Court), Blackburn v Attorney-General [1971] 2 All ER 1380. Miss Marshall continued to work after age 60. FROM THAT THE COURT DEDUCED THAT A MEMBER STATE WHICH HAS NOT ADOPTED THE IMPLEMENTING MEASURES REQUIRED BY THE DIRECTIVE WITHIN THE PRESCRIBED PERIOD MAY NOT PLEAD , AS AGAINST INDIVIDUALS , ITS OWN FAILURE TO PERFORM THE OBLIGATIONS WHICH THE DIRECTIVE ENTAILS . MOREOVER , IN THIS CASE THERE IS NO LINK BETWEEN THE CONTRACTUAL RETIREMENT AGE AND THE QUALIFYING AGE FOR A SOCIAL SECURITY PENSION . in its judgment of 26 february 1986, in case 152/84, marshall/southampton and south-west hampshire area health authority, the court of justice points out that, where a person involved in legal proceedings is able to rely on a directive in an action against the state, he may do so regardless of the capacity in which the latter is acting, whether . SIMILARLY , THE EXCEPTIONS TO DIRECTIVE NO 76/207 PROVIDED FOR IN ARTICLE 2 THEREOF ARE NOT RELEVANT TO THIS CASE . HOWEVER , THE CLAIM THAT THE PRINCIPLE OF EQUALITY OF TREATMENT LAID DOWN BY DIRECTIVE NO 76/207 HAD BEEN INFRINGED WAS UPHELD BY THE INDUSTRIAL TRIBUNAL . 42 THE COMMISSION IS OF THE OPINION THAT THE PROVISIONS OF ARTICLE 5 ( 1 ) OF DIRECTIVE NO 76/207 ARE SUFFICIENTLY CLEAR AND UNCONDITIONAL TO BE RELIED UPON BEFORE A NATIONAL COURT . The criteria set out in of Van Gend en Loos stated that the provision must be clear and unambiguous, it must be unconditional and it must take effect without further action by the EU or member state. 2010-2023 Oxbridge Notes. 1 ( 2 ), AND COUNCIL DIRECTIVE NO 79/7 , ART . ON THE INTERPRETATION OF COUNCIL DIRECTIVE NO 76/207/EEC OF 9 FEBRUARY 1976 ON THE IMPLEMENTATION OF THE PRINCIPLE OF EQUAL TREATMENT FOR MEN AND WOMEN AS REGARDS ACCESS TO EMPLOYMENT , VOCATIONAL TRAINING AND PROMOTION , AND WORKING CONDITIONS ( OFFICIAL JOURNAL 1976 , L 39 , P . Equality of treatment for men and women - Conditions governing dismissal. Paper catalogues available to view at The National Archives - (27) NRA 34890 John Ashby, attorney and estate agent, Shrewsbury: corresp and papers link to online catalogue. ECR 723. Critically discuss with reference to decided cases and academic opinion. 1 (1986), Ms. Marshall was dismissed from her post at Southampton Area Health Chapter three: The rule of law and the separation of powers, Chapter eleven: Parliamentary sovereignty within the European Union. Looking for a flexible role? In either case it is necessary to prevent the State from taking advantage of its own failure to comply with Union law. However, even though the case affirmed that there would be no horizontal effect, it still found the AHA possibly in breach of the directive if it would be deemed a state actor. House of Lords asked whether it followed from the Directive that a victim of provisions were fully effective, in accordance with the objective pursued by This website is your resource for Brookhaven Town government and services. The preliminary ruling procedure was used in a long case of M H Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching) [1986] EUECJ R-152/84 [23] where a lady was discriminated against when terminating her contract. Moreover, it is a case concerning the Doctrine of Direct Effect. members of British Gas were appointed by a minister in the UK government Ms. Marshall was employed by the Southampton and South West Hampshire Area Health Authority ("the Authority") as a dietician. Marshall v. Southampton and South West Hampshire Area Health Authority (Teaching), Case 152/84 [1986] ECR 723. Case summary last updated at 05/02/2020 14:46 by the Traffic Court Cases. - Reference for a preliminary ruling: Court of Appeal (England) - United Kingdom. was binding upon Member States and citizens. Don't forget to give your feedback! In Case 152/84 Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching) [1986] ECR 723, the Court of Justice created an artificial and arbitrary barrier to the horizontal enforcement of directives. IN EITHER CASE IT IS NECESSARY TO PREVENT THE STATE FROM TAKING ADVANTAGE OF ITS OWN FAILURE TO COMPLY WITH COMMUNITY LAW . Direct effect is especially important where a member state has failed to meet its obligation to implement a community measure or where the implementation is partial or defective. 4 ON 31 MARCH 1980 , THAT IS TO SAY APPROXIMATELY FOUR WEEKS AFTER SHE HAD ATTAINED THE AGE OF 62 , THE APPELLANT WAS DISMISSED , NOTWITHSTANDING THAT SHE HAD EXPRESSED HER WILLINGNESS TO CONTINUE IN THE EMPLOYMENT UNTIL SHE REACHED THE AGE OF 65 , THAT IS TO SAY UNTIL 4 FEBRUARY 1983 . # M. H. Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching). 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