Court : House of Lords
..... to ensure the prisoner's successful reintegration into the community initial recommendation for a recall in determining whether or not to recommend to the secretary of state (under section 39(1) of the criminal justice act 1991) the recall of a prisoner who is subject to licence, the parole board shall consider whether: (a) the prisoner's continued liberty would present an unacceptable risk of a further ..... the lawfulness of detention must be wide enough to bear on those conditions which, under the convention, are essential for the lawful detention of a person in the situation of the particular detainee: van droogenbroeck v belgium (1982) 4 ehrr 443, para 49; weeks v united kingdom (1987) 10 ehrr 293, para 59; thynne, wilson and gunnell v united kingdom (1990) 13 ehrr 666, para 79; e v norway (1990) 17 ehrr 30, para 50. ..... is accepted that for the purpose of revocation proceedings the parole board has the essential features of a court within the meaning of article 5(4), and although, under section 39(5)(b), it can only recommend the release of a recalled discretionary sentence prisoner, its recommendation has the effect of an order since the secretary of state must give effect ..... at the time when the parole board considered the release of the appellants after revocation of their licences, it was permitted under section 32(3) of the 1991 act to hold an oral hearing (in the form of an interview by a board member) if it thought it necessary or desirable to do so, but was not expressly .....
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
..... mr vantreen was caused some little difficulty by the fact that, on his copy of the may 2001 letter, he had calculated the amount which (on persimmons construction of the definition) the sale price of a 700 sq ft flat would have to exceed before any arp became payable ( 228,000). ..... to any particular level of expenditure, with two minor exceptions: the developer undertook to spend a sum of at least 250,000 on planning gain through an agreement under section 106 of the town and country planning act 1990, and to pay at least 25,000 in compensation to adjoining owners for the loss of rights to light. ..... evidence of mr reeve and mr vantreen that they had honestly believed that the definition (as they claimed to have understood it) was what had been agreed and they were ..... that (on the assumption that the judge was right in his construction of the arp definition) both parties were mistaken in thinking that it reflected their prior consensus and persimmon ..... to say, as rimer lj said, that it requires rewriting", or that it distorts the meaning and arithmetic of the definition is only to say that it requires one to conclude that something has gone wrong with the language - not, in this case, with the meanings of words, ..... that the letter of 24 may 2001 was an outward expression of the common and continuing intention of the parties and (if chartbrook was right about its true construction) the definition had been drafted in the mistaken belief that it gave effect to that common intention. ..... 1982 .....
Tag this Judgment!Court : House of Lords
..... any breach of duty, at least in tort and perhaps also in contract, in failing to report to persons who already know; however, this may overlook the fact that the negligent auditor will by definition not know that the shareholders do know, and it also needs to be considered in the light of the auditors statutory role and the duties, here largely express, which an auditor undertakes. ..... the regular activities of the directing mind in his office, then it is unrealistic in the extreme to consider that the manager is the directing mind of the companywhere the criminal act is totally in fraud of the corporate employer and where the act is intended to and does result in benefit exclusively to the employee-manager, the employee-directing mind, from the outset of the design and execution of the criminal plan, ceases to ..... that shows confusion of thought, since if the trader had been convicted of the more serious offence under section 96 of the singapore income tax act it would have been guilty of deliberate and dishonest tax evasion and could not have been described as an ..... though not essential to my reasoning, i also consider that the principle established in in re hampshire land company, belmont finance and attorney generals reference (no 2 of 1982) points towards the same result it prevents a company being treated as party to a fraud committed by its officers on or against the company, at least in the context of claims by the company ..... , even, have been hijacked by a fraudulent but .....
Tag this Judgment!Court : House of Lords
..... for its part the grand chamber in a v united kingdom, (application no 3455/05) (unreported) 19 february 2009, recognised that account can be taken of the fact that the judge who hears the application under section 3(10) of pta 2005 is a fully independent judge who is best placed to ensure that no material is unnecessarily withheld, and that the special advocate can provide an important additional safeguard by questioning the secretary of states ..... whilst, however, non-derogating control orders, such as those under challenge here, by definition involve no deprivation of liberty, they involve the severest possible restrictions on a number of important convention rights (and, of course, on freedom of movement albeit the uk have not ratified protocol 4 so as to confer that particular right); ..... of september 11 2001 the secretary of state made a derogation order under section 14 of the hra and then enacted the anti-terrorism, crime and security act 2001 (the atcsa). ..... general interests of the community must be balanced against the rights of an individual (see eg sporrong and l nnroth v sweden (1982) 5 ehrr 35, para 69 [and] soering v united kingdom (1989) 11 ehrr 439, para 89). ..... principle, inherent in the convention as a whole, including article 5(4) (and article 6), that the general interests of the community must be balanced against the rights of an individual (see eg sporrong and l nnroth v sweden (1982) 5 ehrr 35, at para 69; soering v united kingdom (1989) 11 ehrr 439, at para 89). .....
Tag this Judgment!Court : House of Lords
..... each made their application for employment to the respondent, accepted the use of violence for political ends connected with the affairs of northern ireland, including the use of violence for putting the public or any section of the public in fear; and that when each made the said application for employment to the respondent, neither in fact held such a political opinion, which fell within the terms of article 2(4) ..... at page 117 that that meant in broad terms (which was not intended to be an exhaustive or precise definition) an opinion relating to the policy of government and matters touching the government of the state. ..... it would not be unusual from time to time for a hostel to accommodate a resident or residents who had had to leave home because of action or threats from paramilitary organisations or others, for example because of alleged anti-social activities, and that its over-riding concern was the care and safety of the residents. ..... i were persuaded that this was a case where reference could properly be made to hansard, i would not regard anything said by the ministers concerned as providing a reliable gloss on section 57(2) of the 1976 act or article 2(4) of the 1998 order. 40. ..... he also stated that his address from 1982 to 1996 was long kesh pow camp, lisburn", a description applied by republican prisoners to ..... of alleged political activity by special courts 1975-1977 for being, it was alleged, a republican and for life during 1982-1996 for alleged republican activity". .....
Tag this Judgment!Court : House of Lords
..... it has recognised that the appropriate pool should not be narrowed by reference to qualifications or conditions which are not logically relevant to the statistical exercise in hand : see perera v civil service commission (no 2) [1982] icr 350, 358-359 (proportion of late immigrants irrelevant; upheld by the court of appeal [1983] icr 428 without mention of this point); university of manchester v jones [1993] icr 474, 495 a-c and 505 e-h ..... article 2 defines indirect discrimination in terms of disadvantage, which is unsurprising, but (as mummery lj observed in para 35 of his judgment in the court of appeal), "the definition describes when a certain state of affairs (ie indirect discrimination) exists: it does not, however, prescribe the methodology for assessing the statistical evidence in order to determine whether or not that ..... the appellants claim that sections 109(1)(b) and 156(1)(b) of the employment rights act 1996 (which, as they apply in this case, exclude claims for unfair dismissal and redundancy payments by an employee who has attained the age of 65 years) are contrary to eu law as having a disproportionately adverse impact ..... must be a larger group (generally referred to, in authorities on our domestic anti-discrimination legislation, as a pool) for the purposes of comparison. ..... our domestic jurisprudence (concerned as it is with anti-discrimination legislation framed in much more detailed terms than eu law) has gone rather further than the court of justice in exploring .....
Tag this Judgment!Court : House of Lords
..... from the courts judgment in pretty the claimants drew recognition (para 61) that private life is a broad term, not susceptible to exhaustive definition, but covering the physical and psychological integrity of a person, sometimes embracing aspects of an individuals physical and social identity, protecting a right to personal development and the right to establish relations with ..... judgment, which the court of appeal fully accepted (para 56) and which calls for repetition: 339 we discern from evidence admissible on the principles in wilson that the legislative aim of the hunting act is a composite one of preventing or reducing unnecessary suffering to wild mammals, overlaid by a moral viewpoint that causing suffering to animals for sport is unethical and should, so far as is practical and proportionate, be stopped. ..... is an obligation on your lordships house, as a court from whose decisions there is no judicial remedy, to refer any question of community law which it is necessary to decide which is not acte clair: case c-283/81 cilfit v ministero della sanit [1982] ecr 3415, paras 16-20. 67. ..... claimants might succeed while the human rights claimants did not would be illogical and unjust and fuel the fires of anti-communitarian sentiment in a quite unnecessary way. ..... by section 4, insisted upon, it is said (radford, p 85), by the house of lords, the act was not to apply to the hunting or coursing of any animal which had not been liberated in a mutilated or injured state in order to .....
Tag this Judgment!Court : House of Lords
..... settlement for cgt purposes is therefore (in broad terms) what a chancery lawyer would call a settlement, as opposed to the very wide definition ("includes any disposition, covenant, agreement, arrangement or transfer of assets") used for income tax purposes and now found in section 660g of the income and corporation taxes act 1988 ("the 1988 act"). ..... but it was at best an imperfect model, because the relevant definition of "settlement" was quite different, and because the notion of the settlor having "divested himself absolutely of any property" naturally focused on the particular property which he had settled (whereas section 77 referred more generally to the property comprised in the settlement). ..... may also cover the possibility of an assignment of a beneficial interest made to the settlor (without any impropriety) by a beneficiary (that possibility is to be disregarded, unless and until it happens, under section 77 (4) (b), a provision which was not referred to in the course of argument and which may reduce the disquiet engendered by some of mr green's more extreme examples). ..... but a more complete answer was given by lord wilberforce (with whom lord scarman, lord roskill and lord brandon agreed) in leedale v lewis [1982] 1 wlr 1319, 1330, "i would only refer to one other argument, that based on the alleged 'hardship' of accepting the revenue's ..... section 77(2) is an anti-avoidance provision which extends the scope of section 77(1) in order to prevent taxpayers circumventing .....
Tag this Judgment!Court : House of Lords
..... of their competence to provide a fully authoritative ruling on the point, the limits of their competence under domestic constitutional arrangements to rule on the subject-matter in question and the dangers posed to the national interest by them ruling definitively on the point at all, either to decline to rule or to allow the executive a form of margin of appreciation on the legal question, and to examine only whether a tenable view has been adopted on the ..... made to the existing constitutional principle of the rule of law, now recognised in section 1 of the constitutional reform act 2005, but the rule of law amounted to nothing if it failed to constrain ..... had publicly claimed to observe the prohibition in article 5 his legal self-direction could be reviewed, particularly since section 109 of the 2001 act had been enacted to give effect to the convention (paras 119, 121). 29. ..... by sections 108-110 of the anti-terrorism, crime and security act 2001 it was made an offence triable here for a uk national or company to make a corrupt payment or pay a ..... the underlying dispute in r v chief constable of devon and cornwall, ex p central electricity generating board [1982] qb 458 was between a public board seeking to exercise its statutory powers and perform its statutory obligations and a group of protesters ..... in r v coventry city council, ex p phoenix aviation [1995] 3 all er 37 and r v chief constable of devon and cornwall, ex p central electricity generating board [1982] qb 458 were cited. .....
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