Court : House of Lords
..... (or while embarking or disembarking from the aircraft). the convention underwent amendment at the hague in 1955 but none of the amendments affect the point now in issue. the convention as amended was incorporated into domestic law by the carriage of air act 1961 and is set out in the 1st schedule to that act. 3. article 17 provided as follows:- ..... air can amount to an accident within the meaning of article 17 of the warsaw convention of 1929 as amended at the hague in 1955 and incorporated in english law as schedule 1 to the carriage by air act 1961. for the present purposes it is unnecessary to consider separately article 17(1) of the montreal convention ..... , in effect retrospectively, to identify. 80. fifthly, where an airline and the crew of its aircraft have acted in accordance with usual and expected practice current at the relevant time, it is at least questionable whether a failure to act in some other way could, without artificiality, be regarded as an accident on board or in the .....
Tag this Judgment!Court : House of Lords
..... bill through its various stages amendments to it or other reasons may make it desirable to alter a side note. in that event i have reason to believe that alteration is made by the appropriate ..... view side notes cannot be used as an aid to construction. they are mere catchwords and i have never heard of it being supposed in recent times that an amendment to alter a side note could be proposed in either house of parliament. side notes in the original bill are inserted by the draftsman. during the passage of the ..... correct method of ascertaining whether a purpose is prejudicial or not is to consider the purposed act as if it had been done would that act, the obstruction of the aircraft, be prejudicial to the state? to answer that enquiry all the consequences of the act that are reasonably to be apprehended must be assessed and the whole assessment is for the .....
Tag this Judgment!Court : House of Lords
..... us$1,000 in 1990. and in canada a financial penalty of up to can$ 3,200 per improperly-documented passenger may be imposed under the immigration act 1976, as amended. as long ago as 1986, a total of 541 airlines were each fined can$1,000 by the canadian authorities for not demonstrating sufficient vigilance in their ..... for entering or being present in the country illegally. 90. refugees may cross a border away from a frontier post, or land from a boat, or in a light aircraft, at a spot where there are no immigration officials. being unauthorised, their entry and presence in the country will be illegal. alternatively, refugees may arm themselves with false ..... . lord rodger of earlsferry my lords, 73. the appellant, ms fregenet asfaw, is from ethiopia. she was granted refugee status by the home office on 11 april 2007, almost thirteen months after the decision of the court of appeal in the criminal proceedings against her which are the subject of the present appeal. 74. according to the .....
Tag this Judgment!Court : House of Lords
..... december 1957. he could have obtained his release by undertaking to observe the law and refrain from activities contrary to the offences against the state (amendment) act 1940, but instead challenged the lawfulness of the irish derogation. he failed. in para 22 of its judgment the court held that it was ..... finally the further measures introduced, after the events of 11 september 2001, by the 2001 act. the 2001 act is also a substantial statute, containing 129 sections and 8 schedules. it makes many amendments to the 2000 act and introduces other provisions covering a number of different matters including freezing orders, weapons of mass ..... destruction, security of pathogens and toxins, nuclear security and aircraft security. only part 4 (sections 21 to 36), being concerned with .....
Tag this Judgment!Court : House of Lords
..... any time between march 2001, when membership of al-qa'eda as a proscribed organisation became an offence under section 11 of the terrorism act 2000 (see the terrorism act 2000 (proscribed organisations) (amendment) order 2001 (si 2001/1261)), and the issue of the european arrest warrant in april 2004. it follows that this is not ..... none of the conduct occurred in spain, it amounted to a conspiracy to commit the offence of destroying, damaging or endangering the safety of aircraft, contrary to section 2 of the aviation security act 1982, which, because it is an extraterritorial offence, is an extradition offence under section 64(4). 5. the respondent appealed to the ..... he was awaiting extradition under a european arrest warrant had become unlawful due to a fundamental change in circumstances since the making of the extradition order: [2007] ewhc 939 (admin); [2007] 3 wlr 621. 3. on 29 april 2004 the appellant, the central court of criminal proceedings no 5 of the national court, madrid, issued .....
Tag this Judgment!Court : House of Lords
..... to derive support for their competing interpretations. (1) section 1(4). this subsection empowers the secretary of state to make such amendments to the act as he considers necessary "to reflect the effect, in relation to the united kingdom, of a protocol". the claimants submit, obviously correctly, that this ..... operating in iraq with the consent of the iraqi sovereign authorities, and containing arrested suspects, falls within even a narrowly limited exception exemplified by embassies, consulates, vessels and aircraft, and in hess v united kingdom 2 dr 72, a prison". the court of appeal (para 108) upheld this decision but on the basis that "mr mousa ..... . the divisional court gave an account of the government and administration of iraq and the position of the united kingdom armed forces during the relevant period in 2003: [2007] qb 140, 152-158, paras 14-46. the evidence of senior british officers indicates that, on the ground, the available british troops faced formidable difficulties due to .....
Tag this Judgment!Court : House of Lords
..... is it consistent with article 11 for the court to be able to say that the proceedings shall count as having been instituted against the real producer and amended accordingly? 10. the nature of the issue appears clearly enough from the written observations submitted by the commission, the republic of italy, the claimant and the respondent ..... product liability directive". it gave effect to the limitation provisions of articles 10 and 11 of the directive by amending the limitation act 1980: see section 6(6) and schedule 1. the schedule added a new section 11a to the 1980 act, which contained the 10 year period in subsection (3) and the three year period in subsection (4 ..... putting the same point is to ask whether the meaning of those paragraphs is clear beyond the bounds of reasonable argument": r (countryside alliance) v attorney general [2007] ukhl 52; [2007] 3 wlr 922, 938, para 31, per lord bingham of cornhill. 24. my noble and learned friend, lord hoffmann, has said that he would not .....
Tag this Judgment!Court : House of Lords
..... so. 20. considerable progress can be made in the preparation and exchange of information under sections 3 to 8 of the criminal procedure and investigations act 1996, as amended by the criminal justice act 2003, before the trial judge engages in a detailed discussion as to how the trial is to be managed having regard to the purposes for ..... 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 the 1996 act. 62. the point to notice at present is that the committee envisaged that any preparatory hearing would take place after the relevant essential work ..... part of the proceedings or indictment as well as any application seeking to sever counts (covered in any event with effect from 4th april 2005 by the amendment made by the 2003 act), or to put the prosecution to election between counts. (c) disclosure 100. in this appeal it is the area of disclosure that is critical and .....
Tag this Judgment!Court : House of Lords
..... unless the power of revocation is reserved (a proposition vouched by sammut v strickland at p 704), but that amendment of a constitution not amounting to revocation of the grant remains within the prerogative rights of the crown. for present ..... fisheries and mariculture offered opportunities although they would require investment. tourism could be encouraged, although there was nowhere that aircraft could land. it might on be feasible in the short term to resettle the islands, although the water resources were ..... at putting pressure on the government. the whole of this litigation is, as i said in r v jones (margaret) [2007] 1 ac 136, 177 the continuation of protest by other means". no one denies the importance of the right to ..... british indian ocean territories order 1965 si no 1920 (the biot order) which, under powers contained in the colonial boundaries act 1895, detached the chagos archipelago (and some other islands) from the colony of mauritius and constituted them a separate colony .....
Tag this Judgment!