Court : House of Lords
..... brooke lj went on to say at para 102: "if this means that it will not be open to a cfa-assisted claimant to receive the benefit of an advocate instructed at anything more than a modest fee or to receive the help of a litigation partner in a very expensive firm who is not willing to curtail his fees, then his/her fate will be no different from that of a conventional legally ..... the amount of the permissible uplift was fixed by the lord president of the court of session in 1992 following consultation with the faculty of advocates and the law society of scotland. ..... these are provided for, in the case of counsel, by the act of sederunt (fees of advocates in speculative actions) 1992 (si 1992/1897) and, in the case of solicitors, by the act of sederunt (fees of solicitors in speculative actions) 1992 (si 1992/1879). ..... mr david price, a solicitor advocate, has represented him on the basis of the instructions he received from his client, but without the advantage of his evidence to back up those instructions. ..... it is open to the advocate and the instructing solicitor, and to the solicitor and the client as the case may be, to agree that the fee, taxed as between party and party (which is the standard basis) or agreed, shall be increased by a figure .....
Tag this Judgment!Court : House of Lords
..... this was a court where members of the faculty of advocates had the exclusive right of audience. ..... the report of the scottish law commission on aliment and financial provision (scot law com no 67) was submitted to the lord advocate on 17 july 1981 and ordered by the house of commons to be printed on 4 november 1981. ..... the relatively small number of advocates who practised regularly in this field were able to predict the awards that were likely to be made by the judges in any given case without any real difficulty. .....
Tag this Judgment!Court : House of Lords
..... there are no rigid rules for the assessment of damages but the approach of judges in directing juries or themselves and the approach of advocates in addressing courts or arranging settlements has been on the lines that i have set out. ..... the injury that mortifies the limbs and cuts off the faculties has in both cases the same effect on the power of enjoyment; in each case the deprivation is absolute. ..... what has to be compensated for in this assessment is a total loss of enjoyment of all the faculties, a complete loss of the pleasure of living. ..... it was the act of the defendant that destroyed these faculties: omnia praesumuntur contra spoliatorem. ..... limbs and faculties cannot be turned into cash as property can. ..... there is here an almost total loss of use of all the faculties or limbs, but compensation under this head must be assessed in the same way as it would be for a partial loss of a single limb or faculty. ..... but the evidence which your lordships have already noted shews that the plaintiff has some command over her faculties and paull, j. ..... gambling principle should be awarded for deprivation of faculties. ..... kaye,as a sum determined objectively for the loss of all faculties. ..... then there is or may be a temporary or permanent loss of a limb, organ or faculty. .....
Tag this Judgment!Court : House of Lords
..... considering the scope of the admittedly residual prerogative power to take property in times of war in burmah oil co (burma trading) ltd v lord advocate [1965] ac 75, 101d, lord reid said that the proper approach was a historical one: how was it used in former times and how has it been used in modern times?". ..... and all the laws connected with the exercise of the sovereign authority - must undergo alterations adapted to the change), burmah oil co (burma trading) ltd v lord advocate [1965] ac 75 and halsburys laws of england (4th ed) (2003 reissue), vol 6, title: commonwealth, p 515, para 878. ..... there would therefore be nothing, for instance, to prevent mr bancoult bringing proceedings for judicial review in the court of session against the advocate general, as representing the crown, and, if successful, having the orders quashed. ..... under the crown suits (scotland) act 1857 the advocate general for scotland represents the crown in right of the united kingdom. ..... in burmah oil company (burma trading) limited v lord advocate [1965] ac 75, 101, lord reid said: the prerogative is really a relic of a past age, not lost by disuse, but only available for a case not covered by statute. ..... in a paper written for the oxford law faculty (common law constraints: whose common good counts? ..... on this question there was a radical difference in the approaches advocated by the parties. .....
Tag this Judgment!Court : House of Lords
..... actus in the light of its conclusion that when the victim took her life she made a conscious decision, there being no evidence of disabling mental illness to lead to the conclusion that she had an incapacity in her faculty of volition": wright v davidson (1992) 88 dlr (4th) 698, 705. ..... but, as lord pearce observed in hughes v lord advocate [1963] ac 837, 857, to demand too great precision in the test of foreseeability would be unfair to the pursuer since the facets of misadventure are innumerable". ..... qualification in (2), if the pursuers injury is of a kind that was foreseeable, the defender is liable, even if the damage is greater in extent than was foreseeable or it was caused in a way that could not have been foreseen: hughes v lord advocate [1963] ac 837, 847 per lord reid. .....
Tag this Judgment!Court : House of Lords
..... in the court of appeal it was held that the solicitors had not acted as their clients' advocate and their conduct was not so intimately connected with the conduct of the case in court as to attract the immunity. ..... in arthur j s hall and co v simons [2002] 1 ac 615, 726h, for example, i said that i was of opinion that the decision in that case which changed the law about the immunity from suit of the advocate should take effect only from the date when the house delivered its judgment. ..... , where it is satisfied that those concerned acted in good faith on the basis of the rules considered to be validly in force and that for it not to do so would give rise to serious economic difficulties: paras 67-69; see also the opinion of advocate general jacobs in banco populare di cremona v agenzia entrate ufficio cremona, case c-475/03, para 75. ..... in the advocates' immunity case of arthur j s hall and co v simons [2002] 1 ac 615 the house departed from the earlier decision of the house in rondel v worsley [1969] 1 ac 191. ..... recently advocate general jacobs suggested an even more radical form of prospective overruling. ..... advocates had arranged their affairs since the decision in rondel v worsley on the basis that in their conduct of cases in court the core immunity was available. .....
Tag this Judgment!Court : House of Lords
..... to the point to argue that if damaging adverse evidence is withheld from a prisoner and his legal representative he is better off with the limited help given by a specially appointed advocate than without it, unless there is lawful authority to conduct the hearing while withholding such evidence from the prisoner, which in the present context there is not. 31. ..... terrorism act 2000, governing the proscribed organisations appeal commission, contained provisions very similar to those already noted in the special immigration appeals commission act 1997, including (in paragraph 7) provision for special advocates, and was followed by the proscribed organisations appeal commission (procedure) rules 2001 (s1 2001/443) similar in effect to the siac rules already mentioned. ..... 131 of its judgment in that case the court referred with approval to a form of judicial control obtaining in canada, apparently somewhat analogous to the special advocate procedure (although the court has suspended judgment on the conformity of that procedure with the convention: al-nashif v bulgaria (2002) 36 ehrr 655, para ..... compatibly with article 5 of the european convention on human rights (a) to withhold material relevant to the appellant's parole review from the appellant's legal representatives and (b) instead, to disclose that material to a specially appointed advocate, who would represent the appellant, in the absence of the appellant and his legal representatives, at a closed hearing before the parole board. 2. .....
Tag this Judgment!Court : House of Lords
..... the private body to fulfil its own obligations under the convention: as in van der mussele v belgium (1983) 6 ehrr 163, in which the provision of legal aid was delegated to the belgian bar which required young advocates to provide their services pro bono; or, perhaps, in costello-roberts v united kingdom (1993) 19 ehrr 112 where the fact that education is itself a convention right was influential in engaging the state's responsibility for corporal punishment ..... . in the next sentence, the court pointed out that the domestic legislation expressly obliged pupil advocates to act in cases assigned under the free legal assistance scheme ..... . in the event and since pupil advocates had chosen to enter the profession, the legislative scheme was held consistent with the convention ..... . that case concerned a complaint by a pupil advocate that he was compelled to represent clients without fee ..... . a range of approaches to section 6(3)(b) was advocated before the house ..... . lord nicholls's view supports not only a broad application of section 6(3)(b) but also a factor-based approach such as mr sales in particular advocated .....
Tag this Judgment!Court : House of Lords
..... siac's procedure (following a canadian precedent approved by the strasbourg court in chahal, p 469, para 131) makes use of special advocates to protect the interests of suspected terrorists without compromising intelligence sources. ..... the grounds can be made known to a special advocate appointed to represent him but the special advocate may not inform him of the grounds and, therefore, cannot take instructions from him in refutation of the allegations made against him. ..... instead there are 'special advocates' who can see it, cross-examine witnesses, and make representation to siac about it, and may even persuade siac that some of the material should be disclosed to the detainee. ..... special advocates were instructed by the treasury solicitor, but were not in the event called upon. .....
Tag this Judgment!Court : House of Lords
..... the fact that commentators and the high commissioner support the interpretation of article 31 advocated by the appellant does not excuse your lordships from the duty of forming a considered view of the proper scope of the article. ..... . the united nations high commissioner advocates a test looking at whether the refugee has established residence in an intermediate country .....
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