Court : House of Lords
..... of justice, "the law and procedure of the international court of justice: general principles and sources of law" (1950) 27 byil 1, 12-13: "the essence of the doctrine is that although a state may have a strict right to act in a particular way, it must not exercise this right in such a manner as to constitute an abuse of it; it must exercise its rights in good faith and with a sense of responsibility; it must have bona fide reasons for ..... has been determined by the secretary of state or the secretary of state has issued a certificate under section 11 or section 12 of the immigration and asylum act 1999, no action will be taken to require the departure of the asylum applicant or his dependants ..... and the french noun refoulement are, in article 33, the subject of a stipulative definition: they must be understood as having the meaning of the english verb and ..... gives a special, defined, meaning to "refugee" and, secondly, because the parties have made plain that "refouler", whatever its wider dictionary definition, is in this context to be understood as meaning "return". ..... status must, to qualify as a refugee, be outside his country of nationality is unambiguously expressed in the convention definition of refugee quoted in para 6 above. ..... it is only to persons meeting that definition, expressed in article 1a(2) of the convention, that the convention applies at all, unless they ..... are relevant: "definition of asylum applicant ..... " this definition indicates an acceptance in contemporary usage of .....
Tag this Judgment!Court : House of Lords
..... to avoid the six year time limit by taking advantage of the extended limitation period that is available in england and wales (but not in scotland: see the prescription and limitation (scotland) act 1973, section 6 and schedule i, para 1(b)) under section 32(1)(c) of the limitation act 1980 which provides that, where the action is for relief from the consequences of a mistake, the period of limitation shall not begin to run until the claimant has discovered the mistake ..... nor do i find it easy to reconcile the approach taken by your lordships with other provisions of the 1980 act, most notably section 14a(9): "knowledge that any acts or omissions did or did not, as a matter of law, involve negligence is irrelevant for the purposes of subsection (5) above. ..... there is no doubt that the only way that a company resident in the united kingdom could avoid liability under section 14(1) of icta 1988 to act on qualifying distributions made to its shareholders was by making an election jointly with the receiving company under section 247(1) of the act, a group income election, that section 247(1) was to apply to the dividends received from the paying company. ..... the pleading issue is whether these amendments added or substituted a new cause of action outside the category permitted by section 35(5)(a) of the limitation act 1980 ("if the new cause of action arises out of the same facts or substantially the same facts as are already in issue on any claim previously made in the original action. .....
Tag this Judgment!Court : House of Lords
..... as at the date of death, the responsible person was the person or the partner of the person responsible for that child for the purposes of part ix of the social security contributions and benefits (northern ireland) act 1992 as at the date of death, or (bb) a still-born child, the responsible person was a parent of that still-born child or the partner of a parent of that still-born child as at the ..... maternity and funeral expenses) (general) regulations (northern ireland) 1987, as amended, sets out in elaborate detail the circumstances in which a funeral payment may be made under section 134(1)(a) of the social security contributions and benefits (northern ireland) act 1992 ("the benefits act") to meet the funeral expenses for which the claimant or his partner has accepted responsibility. ..... responsible person was either a parent, son or daughter (an "immediate family member"), a brother or sister or brother or sister-in-law (all included in the definition of the expression "close relative") or a close friend of the deceased: see the definitions of "immediate family member" and "close relative" in regulation 2(1). ..... as i have already noted, the assumption, which appears to be inherent in the definition of the expression "close relative" in regulation 2(1), is that a close relative must have had "contact" with the deceased of some kind at some time, however slight, even if that was many years ..... the death grant declined in real terms until by 1982 it covered only about 10% of the cost of .....
Tag this Judgment!Court : House of Lords
..... he did not share the view of the other members of the committee that the legislative intention was that the word public when applied to religious worship in section 7(2)(a) of the rating and valuation (miscellaneous provisions) act 1955 should mean, as lord morris of borth-y-gest put it at p 435, a place to which all properly disposed person who wish to be present are admitted. ..... mr sumption sought to meet this obstacle by submitting, with reference to section 3 of the human rights act 1998, that para 11(a) should be read and given effect to in a way that was compatible with article 14 of the european convention on human rights read together either with article 9 or with article 1 of protocol 1. ..... the case concerned the mormon temple at godstone and the question was whether it was exempt from rates as a place of public religious worship within the meaning of section 7(2)(a) of the rating and valuation (miscellaneous provisions) act 1955, which was the relevant legislation then in force. ..... both in section 7 of the 1955 act and in section 39 of the 1967 act, rating relief was allowed for places of public religious worship and there can be no doubt whatever, in my opinion, that public religious worship must have meant in these statutory provisions, as also it must have meant in the 1833 act, religious worship that it was open to the public to attend. 47. .....
Tag this Judgment!Court : House of Lords
..... mckerr's son was dissatisfied with this outcome and on 30 january 2002 commenced judicial review proceedings against the secretary of state for northern ireland seeking a declaration that "in breach of section 6 of the human rights act 1998 and article 2 of the european convention", he had failed to provide an "article 2 compliant" investigation and an order of mandamus to compel him to provide such an investigation ..... the history extends over twelve years, from november 1982 to september 1994, and falls essentially into three ..... moreover, since the act is not retroactive, they are not now to be regarded as having had such a right in 1982 or at any time after ..... in a period of about a month between november and december 1982, in three separate incidents, six men were shot and killed by police officers of a special mobile support unit of the royal ulster ..... the secretary of state is not to be regarded as having been in breach, or continuing breach, of such a right either in 1982 or at any time after that. 83. ..... when the respondent's father was killed in 1982, his relatives had no right to an investigation under the act. ..... means that, in the domestic law of northern ireland, the legal rights and duties of the people involved in the events of 1982 are not altered by the act. ..... on 11th november 1982 a member or members of a unit of the royal ulster constabulary shot and killed gervaise mckerr while he was driving a car in east ..... on 24 november 1982 michael tighe was shot dead and martin mcauley .....
Tag this Judgment!Court : House of Lords
..... said to the jury that if they entertained reasonable doubt whether they could accept his explanation they should either acquit him altogether or convict him of manslaughter only; but, relying upon section 4, subsection 1, of the criminal appeal act, 1907, which provides " that the court may, notwithstanding they are of " opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss ..... we were then asked to follow the court of criminal appeal and to apply the proviso of section 4 of the criminal appeal act, 1907, which says: " the court may, notwithstanding that they are of opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if ..... the courts were already considering cases of express or implied malice and the passage in coke appears simply to mean that if a man does acts calculated to kill and actually does kill that is evidence of malice or intent; in other words, evidence of one of the ingredients of murder, but it does not seem to be at all concerned with onus of proof ..... gave his famous definition of malice as meaning a wrongful act, done intentionally ..... the criminal law, 7th edition (1926) has an interesting note on the definition of murder and manslaughter at page 461. ..... macnaughton's case the onus is definitely and exceptionally placed upon the ..... he refers to the definition of coke (1552-1623) and says these passages, overloaded as coke's manner is with a quantity of loose, rambling gossip, form .....
Tag this Judgment!Court : House of Lords
..... -305, 342-345, 362-364; professor freedland, 2001, 30 ilj 309; professor collins, claim for unfair dismissal, 2001, 30 ilj 305; professor bob hepple qc and gillian morris, the employment act 2002 and the crisis of individual employment rights, 2002, 31 ilj 245, 253; douglas brodie, legal coherence and the employment revolution, 2001, 117 lqr 604, 624-625; lizzie barmes, the continuing ..... upon hull city council [2004] ukhl 36 the house has now unanimously held that section 123(1) of the 1996 act does not permit the recovery of non-pecuniary loss. ..... para 3, as amended by the employment rights (dispute resolution) act 1998, section 1(2)(a); and section 3(3) of the employment tribunals act 1996. ..... which lord hoffmann, who gave the leading opinion in johnson, observed (para 55 (at p 544)) about section 116(1) of the industrial relations act 1971 (the ultimate precursor of the current section 123(1) of the employment rights act 1996): ". . . ..... serving employees who worked in the security section of the magnox power station at wylfa ..... by definition, in law such a cause of action exists independently ..... it makes little sense, for instance, that the implied obligation to act fairly should apply when an employer is considering whether to suspend an employee but not when the employer is proposing to take the more ..... -ranging 'trust and confidence' implied term emerged in the late 1970s and the 1980s in cases such as woods v w m car services (peterborough) ltd [1981] icr 666, affirmed [1982] icr 693. 6. .....
Tag this Judgment!Court : House of Lords
..... [2005] 1 wlr 3257 have doubted whether this means that it would always be in violation of article 6 to admit written statements as evidence under the relevant provisions of (at that time) the criminal justice act 1988 from witnesses who, it had been shown, could not be called or cross-examined because they could not be traced or had been kept away by intimidation by the defendant. ..... , been the subject of express statutory authorisation, in sections 23-28 of the criminal justice act 1988 and sections 114-126 of the criminal justice act 2003 and, for instance, sections 31a to l of the jamaican evidence act 1843, as amended (considered in grant v the queen ..... provisions authorising special measures under certain conditions (see youth justice and criminal evidence act 1999, sections 16-36, permitting screening (though not from the judge and any jury, legal representatives or any interpreter) and evidence by video link or recording, as well as sections 23-28 of the criminal justice act 1988 or now sections 114-126 of the criminal justice act 2003 discussed by lord bingham in para 20. ..... but, as lord lane cj pointed out in the transcript of his judgment of the court in r v south london coroner, ex p thompson, reported in part at (1982) 126 sj 625, an inquest is an inquisitorial process of investigation, quite unlike a criminal trial; there is no indictment, no prosecution, no defence, no trial; the procedures and rules of evidence suitable for a trial are unsuitable for an inquest: see .....
Tag this Judgment!Court : House of Lords
..... residential accommodation for people needing care and attention and temporary accommodation for people in urgent need, both under section 21 of the 1948 act; and for expectant and nursing mothers and young children under section 22 of the 1946 act; they shared with the health service the power to provide residential accommodation for the prevention, care and after ..... ; but all their powers to provide or arrange residential accommodation for the various adult client groups were brought together in an amended version of section 21(1) of the 1948 act: subject to and in accordance with the provisions of this part of this act, a local authority may with the approval of the secretary of state, and to such extent as he may direct shall, make arrangements for ..... subsection 21(1b) incorporated the definition of destitution, together with its ancillary provisions, from section 95(3) of the 1999 act: for the purposes of this section, a person is destitute if - (a) he does not have adequate accommodation or any means of obtaining it (whether or not his other essential living needs are met); or (b) he ..... parliament responded by passing the asylum and immigration act 1996, validating the 1996 social security regulations and the associated denial of public housing assistance under part iii of the housing act 1985 by the housing accommodation and homelessness (persons subject to immigration control) order 1996 (1996 si no 1982), thus also reversing the effect of r v royal borough of kensington .....
Tag this Judgment!Court : House of Lords
..... determination was the date in the autumn of 1993 when statutory notice was first published of the making of the london underground (east london line extension) order under the transport and works act 1992: section 22(2)(a) of the 1961 act; jelson v minister of housing and local government [1970] 1 qb 243; fletcher estates (harlescott) ltd v secretary of state for the environment [1999] qb 1144, affd [ ..... to the effect that permission for the development would have been granted, but on the erroneous basis that the relevant date for consideration of planning policies and circumstances in determining the section 17 application was the date of valuation of spireroses claim for compensation, december 3, 2001, rather than the date of the notice of the application for the making of ..... judicial exposition of earlier statutes (for an unusual example, in the field of compulsory purchase, of parliament expressly carrying forward judicial doctrine, see the observations of lord hoffmann on injurious affection under section 10 of the compulsory purchase act 1965 in wildtree hotels ltd v harrow lbc [2001] 2 ac 1, 6-7; there are also some interesting observations at pp295-296 about the opinions of individual [victorian] judges on questions of economic and ..... . the principal authorities, well known to tax practitioners, are wt ramsay ltd v irc [1982] ac 300, furniss v dawson [1984] ac 474, irc v mcguckian [1997] 1 wlr 991 (especially lord browne-wilkinson at p 998, lord steyn at pp 999-1000 and lord cooke at .....
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