Court : House of Lords
..... giving rise to the appellant's injuries occurred in april 1999, some 18 months before the human rights act 1998 was brought into force, neither the respondent nor any of the interveners contended that, for this reason, the obligation under article 3 to investigate the incident ..... the statutory scheme prescribed by the police act 1996 and the regulations made thereunder, was investigated by a member of a police force other than that to which the officers complained about belonged and the investigation was supervised by the police complaints authority ('the authority ..... to supervise the investigation of a complaint, under section 72(3) they may require that the chief constable is not to appoint any officer from his own or any other force to investigate the complaint unless the authority have given notice that they have approved the appointment of that person. ..... (2) at the end of the investigation, when the investigating officer has sent his report to the chief officer of the police force to which the officers complained about belong and a copy of the report has been sent to the authority, the authority must make a statement stating whether the investigation has ..... having explained that a prompt response by the authorities to the investigation of a use of lethal force may generally be regarded as essential in maintaining public confidence in their adherence to the rule of law and in preventing any appearance of collusion or tolerance of unlawful acts, the court continued, at p 88, para 109 .....
Tag this Judgment!Court : House of Lords
..... directive 77/388 of 17 may 1977 ("the sixth directive") as amended by eec directive 92/77 permitted "exemptions with refund of the tax paid" (to which zero-rating was accepted as broadly equivalent) on a transitional basis for measures which were in force on 1 january 1991, were in accordance with community law, and fell within the final indent of article 17 of ec council directive 67/228 of 11 april 1967 ("the second directive"). ..... in 1981 the commission questioned the legality of the width of this measure (and of some other zero-rating provisions then in force). .....
Tag this Judgment!Court : House of Lords
..... defence purposes, and in modern times such purposes would at least include training of troops, manufacture of munitions, obtaining the wide variety of supplies necessary to maintain the forces on active service, and economic warfare and various purposes essential to the conduct of the war but not immediately concerned with the maintenance of the fighting services. ..... the saltpetre case, in 1606, is merely a general recognition that in times of sudden peril to general safety, such as the outbreak of fire or the arrival of enemy forces or a storm threatening a ship, the common law authorised private property rights to be ignored, as by destroying houses, entering or occupying land, damaging crops and trees, or jettisoning ..... the last two centuries, since so many of the prerogative powers of acting in a war emergency have become merged in or have been overtaken by acts of parliament or defence regulations having the force of statutes, which provide in their own terms for what powers may be exercised, and regulate the conditions and legal consequences of their exercise. ..... disproportionate weight on some citizens who suffer in that cause, a fact familiar in the last war to those whose homes or places of business were close to an object of strategic importance and so peculiarly exposed to air or missile attack. ..... it was thought that there might be invasion from normandy into the coast of kent, but to-day no citizen can do more than build a shelter for his own protection against an air raid. .....
Tag this Judgment!Court : House of Lords
..... an agreement had been made in 1949 between the employers' and employees' sides of the draughtsmen's, planners' and tracers' panel of the national joint council for civil air transport which contained an undertaking that no lockout or strike would take place, and provided that any dispute should be dealt with as provided for in the constitution of the joint council. ..... you have to consider, in relation to exemplary damages, whether this was a deliberately engineered unofficial ' wildcat' strike, forced by these three to use, at all costs, an illegal pressure, and whether on the other hand there was provocation, which could be reasonably regarded as provocation for that line of conduct. ..... the plaintiff was employed at a weekly wage of one guinea; he had been in custody for only about 6 hours and had been used very civilly by treating him with beefsteaks and beer . ..... it would mean that under the licence of a trade dispute one man could force another out of his job by threats of violence; and since such threats would not be actionable, i doubt if an aggrieved party could even get an injunction to restrain their constant repetition. ..... 205 the plaintiff was a journeyman printer who had been taken into custody in the course of the raid on the north briton. ..... i doubt it but the case introduces questions not in issue herewhether a threat in such circumstances would be justifiable and whether it is intimidation to try to force a man into doing what the law, if invoked, would compel him to do. .....
Tag this Judgment!Court : House of Lords
..... under the guardianship of infants act she can obtain custody of the children and maintenance for them, but without maintenance for herself she would not be able to support a home. ..... he may be rather bound to place her in proper custody, under proper care, but he is not entitled to turn her out of his house. ..... that act did not introduce any alteration of the law of cruelty previously in force (see jamieson v. ..... on the other hand, she insists she is not insane, and if her assertion can be established, she would be responsible for those acts of violence, and her husband would be justified in refusing to receive her, or in using force to restrain her. ..... 283 would apply, and the question would be whether a de facto separation was imposed on the wife by force of circumstances. ..... force, as i venture to think, is given to this conclusion by considering such phrases treated with stupidity or treated with disrespect . .....
Tag this Judgment!Court : House of Lords
lord reid my lords, i have had an opportunity of reading the speech which my noble and learned friend, lord guest, is about to deliver. i agree with him that this appeal should be allowed and i shall only add some general observations. i am satisfied that the post office workmen were in fault in leaving this open manhole unattended and it is clear that if they had done as they ought to have done this accident would not have happened. it cannot be said that they owed no duty to the appellant. but it has been held that the appellant cannot recover damages. it was argued that the appellant cannot recover because the damage which he suffered was of a kind which was not foreseeable. that was not the ground of judgment of the first division or of the lord ordinary, and the facts proved do not, in my judgment, support that argument. the appellant's injuries were mainly caused by burns, and it cannot be said that injuries from burns were unforeseeable. as a warning to traffic the workmen had set lighted red lamps round the tent which covered the manhole, and if boys did enter the dark tent it was very likely that they would take one of these lamps with them. if the lamp fell and broke it was not at all unlikely that the boy would be burned and the burns might well be serious. no doubt it was not to be expected that the injuries would be as serious as those which the appellant in fact sustained. but a defender is liable, although the damage may be a good deal greater in extent than .....
Tag this Judgment!Court : House of Lords
..... and of lord carson, can be regarded as a satisfactory explanation of the case, the speeches do not contain any statements which are expressed as qualifications of or which suggest any modifications of the basic rule which, with the binding force of a pronouncement in your lordships' house, had been, a few years before, clearly stated in dunlop v. ..... it has done so in sections 2 and 3 of the merchant shipping (liabilities of shipowners and others) act, 1958: and sections 1, 5 and 10 and the first schedule article 25a of the carriage by air act, 1961, which is not yet in force nor likely to be for some time. ..... accordingly, they said, the stevedores, on the 3rd may, 1957, when the bill of lading was admittedly still in force, were in the course of performing one part of the carrier's obligations (i.e. ..... they can be profitably extended to carriage by air and by road and rail. ..... to pay for the damage, you see at once that you have turned the flank of the hague rules (for carriage by sea) and the warsaw convention (for carriage by air). .....
Tag this Judgment!Court : House of Lords
..... centum; (2) that, on the assumption that the appellants have exercised undue discrimination against the respondents, the respondents have no remedy(a) by way of recovery of any sums paid under a tariff which has been brought into force, (b) by way of interdict against the appellants charging prices fixed under such a tariff. ..... the lord justice-clerk pointed out that the defenders are forced to this splitting up of the problem into two stages, in order to reach a situation where they can get away from cost, which is fatal to them: but that it seems to ignore that what constitutes undue discrimination is fundamentally a ..... bearing in mind that opinion and the problems raised in these electricity cases, i cannot find anything which forces upon me an interpretation of section 37 (8) which could admittedly procure unfairness. ..... the last of these three tariffs ceased to be in force on 31st december 1955, while the former appeal to this house was pending. ..... is that, on the assumption that the first appellants have exercised undue discrimination against the respondents, the latter have no remedy by way of recovery of any sums paid under a tariff which has been brought into force. .....
Tag this Judgment!Court : House of Lords
..... similarly, the liability in the sun insurance case was not, in my opinion, contingent but remained in force throughout the period of the insurance, though payment in pursuance of that liability might or might not have to be made.the circumstances in the present case may put an end to the liability altogether, but in the case of insurance ..... : the compensation is an amount equivalent to one month's salary or one-twelfth of a year's salary at the rate in force at the date of determination for every year of service, provided that the right to compensation accrued up to any point of time is not liable to be diminished in amount by subsequent reduction in pay. .....
Tag this Judgment!Court : House of Lords
..... on the 14th may, 1948, the arbitrator proceeded thus: (6) at the time of entering into the said agreement the claimants and the respondents anticipated that there would be available in the building industry a sufficient labour force and a sufficient supply of materials to enable the work specified in the agreement to be carried out substantially within the time stipulated in the agreement. ..... the arbitrator has found that both parties anticipated that there would be available in the building industry a sufficient labour force and a sufficient supply of materials to enable the work specified in the agreement to be carried out substantially within the time stipulated in the agreement. ..... i think that there is much force in lord wright's criticism in denny, mott and dickson at p. .....
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