Court : House of Lords
..... if it were otherwise, every policy decision taken before the human rights act 1998 came into force but which engaged a convention right would be open to challenge, no matter how obviously compliant with the right in question it ..... paragraph 6 precludes the use of any premises "in any district in which this schedule is in force" "as a sex establishment except under and in accordance with the terms of a licence granted under this schedule by the council for the ..... used for a business which consists to a significant degree of selling, hiring, exchanging, lending, displaying or demonstrating - (a) sex articles; or (b) other things intended for use in connection with, or for the purpose of stimulating or encouraging - (i) sexual activity; (ii) acts of force or restraint which are associated with sexual activity. ..... it can be said with considerable apparent force that, where a council has made a nil determination in respect of a locality on environmental and social grounds, it is hard to see how the applicant's article 10 rights could justify the grant of a ..... were wilson v first county trust ltd (no 2) [2004] 1 ac 816 and r (williamson) v secretary of state for education and employment [2005] ukhl 15, [2005] 2 ac 246, in relation to legislation passed before the 1998 act came into force. ..... its provisions must be regarded as having appropriately balanced the competing interests for convention purposes, even though the order was passed some fifteen years before the 1998 act came into force. .....
Tag this Judgment!Court : House of Lords
..... other judges have been less enthusiastic, being oppressed by the "air of unreality about the whole exercise" (griffiths lj in bernard v josephs [1982] ch 391, 404). ..... it has even more force in registered conveyancing in the consumer context. 55. .....
Tag this Judgment!Court : House of Lords
..... in. a clear example of the technique may be found in kitchen v royal air force association [1958] 1 wlr 563, where in a claim against solicitors for damages for professional negligence in failing to bring an action on for trial the court awarded the plaintiff a sum representing her prospects of success in the action ..... but by the date of the award, the war had occurred and the judge accepted the charterers' evidence that if the charterparty had still been in force on 20 march 2003 they would have exercised their right to cancel under clause 33. ..... he acknowledged the force of arguments advanced by the owners based on certainty ("generally important in commercial affairs"), finality ("the alternative being a running assessment of the state of play so far as the likelihood of some interruption to the contract is concerned"), settlement ("otherwise the .....
Tag this Judgment!Court : House of Lords
..... first, statement of standard accounting practice ("ssap") 12, which was in force in 1996 when the mars accounts were drawn up, states in paragraph 2 of its explanatory note: "virtually all fixed assets have finite useful economic lives. .....
Tag this Judgment!Court : House of Lords
..... my noble and learned friends, baroness hale of richmond and lord mance, whilst accepting all this, would nevertheless dismiss the commissioner's appeal and so leave in force the divisional court's order that the inquest into troy hurst's death be re-opened (or require at least that the coroner re-take the decision whether or not to re-open it), on the basis that even a jamieson inquest would be ..... those convention rights, said buxton lj (at para 44), mean the rights and fundamental freedoms set out in the various articles of the convention and they "exist and have force because of the united kingdom's adherence to the echr rather than because of the passage of the hra." 44. ..... it was held that notwithstanding that the death occurred before the coming into force of the human rights act a freestanding right arose to an article 2 compliant investigation and that the coroner's refusal to reopen the inquest "breached his obligation under the human rights act to act compatibly with the ..... an inquest conducted in accordance with domestic coronial law prior to the coming into force of the human rights act would satisfy neither the respondent's desire for wide-ranging findings upon the circumstances leading up to her son's death nor the united kingdom's article 2 duty ..... an investigation, moreover, must be able to state its conclusions on the main issues arising, for example, the justification of any use of lethal force or the responsibility for any systemic failure to protect human life. 29. .....
Tag this Judgment!Court : House of Lords
..... . he shared the view of kerr j (para 36) that, if the jury was entitled to make findings of fact and reach conclusions of fact on the central issue in the case, namely whether the force used was unjustified, a verdict of unlawful killing was unnecessary, and also agreed with the judge that the coroner had been right not to leave to the jury a verdict of lawful or unlawful killing or ..... plain that a coroner's inquisition could charge a person with the commission of crime, and the inquisition found upon any inquest was not (section 46) to be invalidated for want of language such as "with force and arms", "against the peace" or "against the form of the statute" or because, save in cases of murder or manslaughter, the inquisition was not duly sealed or written on parchment. 7. ..... take it to be common ground that the purpose of an inquest is to investigate fully and explore publicly the facts pertaining to a death occurring in suspicious, unnatural or violent circumstances, or where the deceased was in the custody of the state, with the help of a jury in some of the most serious classes of case ..... lj and weir j) allowed the chief constable's appeal, holding on the authority of mckerr that section 3 of the 1998 act did not apply to an inquest into a death occurring before the act came into force and that there was accordingly no obligation to hold an article 2-compliant investigation into the deaths ..... bound to recognise the acute public concern rightly aroused where deaths occur in custody .....
Tag this Judgment!Court : House of Lords
..... " although at first blush there may seem to be force in this argument, the authorities show that the policy of the law is considerably more subtle. 69. ..... he had served one short custodial sentence as a juvenile and had been sentenced to 12 months' imprisonment suspended for 2 years. ..... he had not served a custodial sentence. .....
Tag this Judgment!Court : House of Lords
..... in holding that the buyers had lost their earlier right of rejection the majority in the court of session appear to me effectively to have ignored the particular circumstances in which the sellers had sought for a second time to force the buyers to accept the goods under section 27 of the sale of goods act 1979. ..... so it was only then that the buyer had the chance to air any concerns. .....
Tag this Judgment!Court : House of Lords
..... . far from concerning itself about over-early resort to a preparatory hearing or about any impact on any future custody limits, the report urged that "the first preparatory hearing should take place as soon as possible after committal or the issue of a transfer certificate" ..... with this approach, the preparatory hearing marks the start of the trial for the purposes of the relevant custody time-limits: section 22(11a) of the prosecution of offences act 1985 as amended by section 21 of ..... find it difficult to envisage any case, from now on, in which an appellate court should entertain an argument or refuse to hear an appeal from a ruling on a subject-matter falling within paragraph (b), (c) or (since the 2003 act came into force) (d) of section 9(3) on the ground that the purpose of the ruling fell outside section 7(1) ..... the effects of the decision of the court of appeal in r v ward [1993] 1 wlr 619 forced parliament to step in to regulate the question of prosecution disclosure in sections 6 to 8 of the 1996 act ..... the amendments implemented by the 2003 act came into force subsequent to the date (7th july 2004) when the present proceedings were sent to the crown court under section 51 of the crime and disorder act 1998, and so do not apply ..... in principle, therefore, there is great force in the argument that issues about the disclosure of prosecution material ought to have been disposed of well before the question arises as to whether benefits are likely to accrue from ordering a .....
Tag this Judgment!Court : House of Lords
..... the court's practice where an allegation of contempt is made in the high court of justiciary against a newspaper or broadcaster is set out in part b of the memorandum by the lord justice general of contempt of court which came into force on 1 april 2003. .....
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