Court : House of Lords
..... a rudimentary contract of that sort will contain no provision for architects interim certificates (indeed, there may be no architect involved at all) and in such a case section 110 performs a useful function in requiring a notice spelling out the employers understanding of the effect of the default provisions in para 2 of part ii of the scheme, and the amount of the stage payment which the ..... picking up the word effective in section 111(1) of the 1996 act, it provides: notwithstanding the issue of any further certificate of the architect under clause 24.1 any requirement of the employer which has previously been stated in writing in accordance with clause 24.2.1 shall remain effective unless ..... required by section 110(2) does little more than repeat what the parties already know from the most recent architects interim certificate, unless the employer is proposing to make a deduction (in which case section 111 comes ..... by the fact that the notices referred to in clauses 24.2.1[b] and 24.2.1.2 are, respectively, the notices required by sections 110 and 111 of the 1996 act, and part of the purpose of those sections is to enable parties to a construction contract to know where they stand (see e.g. ..... the clause 24.2.1.2 (or section 111) notice was effective when it was given, because the architect had not yet issued a certificate fixing a new completion date (which would, under clause 24.1, have cancelled the certificate of non-completion, which was a precondition to withholding part .....
Tag this Judgment!Court : House of Lords
..... separation agreement) [2004] 1 flr 1011, that the husband's supposed bad conduct, falling short of the threshold stated in section 25(2)(g) of the matrimonial causes act 1973, could be taken into account "as a significant counterbalancing factor to the point made on behalf of the husband that this ..... obligations undertaken, mainly by the husband, at marriage endured for life even if the marital consortium came to an end (indeed, before the matrimonial proceedings and property act 1970 came into force, a rich man whose divorced wife married a poorer one might still have to support her in the manner to which she had become accustomed during their marriage ..... to blame, her share might be halved, although in practice the divorce courts were more flexible than that (but see, for example, the approach in ackerman v ackerman [1972] fam 1, where a wife who was assessed as 25% to blame for the breakdown of the marriage was subject to a 25% discount from what she would otherwise have ..... dr eric clive, the principal architect of the legislation and a scottish law commissioner said that the decision was wrong (financial provision on divorce - a question ..... financial consequences of divorce (law com no 112) was submitted to the lord chancellor on 26 october 1981 and ordered by the house of commons to be printed on 14 december 1981. ..... aliment and financial provision (scot law com no 67) was submitted to the lord advocate on 17 july 1981 and ordered by the house of commons to be printed on 4 november 1981. .....
Tag this Judgment!Court : House of Lords
..... does it follow that section 14 (1) of the income and corporation taxes act 1988 (originally section 84 (1) of the finance act 1972), which imposed the obligation on uk companies to pay act in respect of dividends paid to their shareholders, was unlawful, or, to put the question another ..... 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 ..... claim in fraud or to extend the limitation period for a particular claim because of the defendant's deliberate concealment of a fact relevant to his cause of action, time surely then starts to run against him under section 32: he could not successfully argue that time starts running only when the court eventually comes to reject the defendant's denial of wrongdoing and to find fraud (or, as the case may be, deliberate concealment) established. ..... statement of facts and issues and the competing version in para 5 of dmg's printed case (but finding the latter rather more helpful) i would summarise them as follows ..... has attracted some academic criticism (notably from professor - as he then was - jack beatson, who was the chief architect of the law commission report). .....
Tag this Judgment!Court : House of Lords
..... for the 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 [2000] 2 ac 307, 314 (where the appeal ..... modify, or supplant the freight 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 social policy.) 14. ..... findings of the lands tribunal are carefully set out in paras 3 to 23 of its written decision, but the essentials are that the respondent owned a single storey printing works (with basement) in holywell lane, south shoreditch ..... reference to the calfordseaden scheme is to a four-storey (with basement) mixed-use building designed by architects of that name ..... . this distinction is well illustrated by davies v taylor [1972] 3 all er 836, [1974] ac 207 and allied maples group ltd v simmons and simmons (a firm) [1995] 4 all er 907, [1995] .....
Tag this Judgment!Court : House of Lords
..... residential purpose or a relevant charitable purpose after the reconstruction or alteration and which, in either case, is (a) a listed building, within the meaning of (i) the planning (listed buildings and conservation areas) act 1990 " in section 1(5) of the 1990 act, parliament has added words so as to extend the basic meaning of what is being defined: "in this act 'listed building' means a building which is for the time being included in a list compiled or approved by the secretary of state under this ..... may not, or but for the existence of a crown interest or duchy interest could not, be carried out unless authorised under, or under any provision of (i) part i of the planning (listed buildings and conservation areas) act 1990 and for which, except in the case of a crown interest or a duchy interest, consent has been obtained under any provision of that part, but does not include any works of repair or maintenance, or any ..... in the course of an approved alteration of a protected building, of any services other than the services of an architect, surveyor or any person acting as consultant or in a supervisory capacity. ..... under the finance act 1972, which introduced vat into the united kingdom, all construction and alteration of buildings (of any sort) ..... the commissioners' printed case contains a mild complaint that in his judgment rix lj went into the history and development of this part of the vat legislation even though the court of appeal had indicated during the .....
Tag this Judgment!Court : House of Lords
..... kingdom with a view to affording relief from double taxation and that it is expedient that those arrangements should have effect, then those arrangements shall have effect in accordance with sub-section (3) below" and sub-section (3) says that "subject to the provisions of this part, the arrangements shall, notwithstanding anything in any enactment, have effect in relation to income tax and corporation tax in so ..... been the case with schedule f income tax: see the explanation given by peter gibson lj in paragraphs 5 and 6 of the judgment of the court of appeal) but instead the act attributable to each dividend was "imputed" to the shareholder to whom the dividend was payable and, if the shareholder was resident in the uk, the shareholder generally became entitled to receive ..... draftsman in 1972 assumed that, in any case where a recipient of a dividend would be entitled to a tax credit under the predecessor of section 231(1), there would have been a liability on the part of the paying company, or of one or more lower tier companies, to pay act in amounts ..... it remains the case, however, that the policy considerations which influenced the architects of the imputation system and the assumptions which the draftsman probably made were nowhere enacted as conditions ..... printed case mr aaronson qc (for the respondent pirelli companies) acknowledged (para 38) that if commonsense or plain justice required it, the revenue might be able to justify what he has called a selective reading of sections .....
Tag this Judgment!Court : House of Lords
..... form that this qualified duty takes is that the employer shall do certain things: see, for example - and there are many that could be cited - section 48(1) of the mines and quarries act 1954 which provided that the manager of every mine must take such steps by way of controlling the movement of strata within the mine and supporting the roof ..... a duty merely to take reasonable care; rather they impose a duty on employers to ensure health and safetyin the case of section 3, to conduct their undertaking so as to ensure that people are not thereby exposed to risks to their health and safetyleaving it to the employers (see section 40 of the act) to establish if they can, on the balance of probabilities, that it was not reasonably practicable for them to do more than ..... v beckingham [2006] ewca crim 773 where the court of appeal, criminal division, for want of a satisfactory brown direction, allowed ms beckinghams appeal against her conviction under section 7 of the 1974 act in relation to an outbreak of legionnaires disease traced to the cooling towers of an air-conditioning system for which she, the building owners employed architect, had been responsible. ..... recommended in para 261 of its report safety and health at work (1972) (cmnd 5034), the act provides a means for ensuring that practical improvements are made and preventative measures ..... act was designed to give effect to the recommendations of the report of the robens committee on safety and health at work 1970-72 (july 1972 .....
Tag this Judgment!Court : House of Lords
..... vires of section 2(2) of the european communities act 1972, but under the vires of the health and safety at work etc act 1974. ..... -embracing protection which renders superfluous, at places with which an employer has no connection except that his or her employee has while working to visit them, the occupiers liability acts or ordinary common law duties of care or such other duties as may in this case have been owed by the national health service as suppliers of the ramp. ..... he had previously referred, apparently with approval, to pill ljs emphasis in prp architects v reid [2006] ewca civ 1119, [2007] icr 78 on the employers control over the work equipment and concluded (para 35): there must, in my view, at the very least be factors ..... or might not extend to the lift in prp architects v reid [2007] icr 78, as to which ..... hammond v commissioner of police of the metropolis [2004] ewca civ 830; [2004] icr 1467 and prp architects v reid [2006] ewca civ 1119; [2007] icr 78. ..... conscious though i am of neuberger ljs warning in prp architects v reid [2007] icr 78, para 38, against attempts to redefine a statutory expression, i would carry the same concept ..... like the lift in prp architects v reid [2007] icr 78, the ramp was there for use by anybody including employees of the council such as the appellant who in the course of their work had to move mrs ..... it is necessary in this case to express any view on the correctness or otherwise on its own particular facts of the decision in prp architects v. .....
Tag this Judgment!Court : House of Lords
..... result, for the reasons i have given, i would allow this appeal, discharge the orders made by etherton j and the court of appeal and substitute orders (1) if mr cobbe instructs paul davies and partners, architects, to permit the use of the plans in respect of which the planning permission for the appellants property was granted, for the payment by the appellant to mr cobbe of a quantum meruit for his services ..... of the one-half of the increase in value of the property brought about by the grant of planning permission was granted by etherton j on the condition that the appellant be given permission to use the architects plans in respect of which the planning permission had been granted (see para 2 of the judges order dated 25 february 2005). ..... the quantum meruit should be assessed on the footing that the appellant is entitled to use the architects plans in respect of which the planning permission was granted and, accordingly, should be subject to the same condition as was imposed by etherton j as a condition of the grant of the lien over ..... the problem was that the option had not been registered under the land charges act 1925 and the question was whether the freeholders, successors in title to the original lessors who had granted the option, could be estopped from denying the right ..... mr dowding devoted a separate section of his printed case to arguing that even if the elements for an estoppel were in other respects present, it would not in any event be unconscionable for mrs lisle- .....
Tag this Judgment!Court : House of Lords
..... 2007 sc (hl) 71 it was conceded, and so did not form the subject of argument before the house of lords, that a step ladder used by an employee on an oil rig to reach his bunk was work equipment, and in prp architects v reid [2006] ewca civ 1119, [2007] icr 78 a lift used by an employee in the common part of a building when leaving work was so classified: see generally the list of examples in munkman on employers liability, 14th ed ..... made under section 15 of the health and safety at work etc act 1974 (the 1974 act), rather than - expressly, at least - under section 2(2)(a) of the european communities act 1972. ..... has pointed out in para 6 of his opinion, these sets of regulations replaced and amended a multitude of specific statutory provisions and regulations relating to particular trades and activities, including the sections of the factories act 1961 relating to machinery and such long familiar regulations as those governing woodworking, shipbuilding, power presses and abrasive wheels. ..... the lift which was (rightly, i think) held to be work equipment in prp architects v reid [2004] ewca civ 1119; [2007] icr 78. ..... 243, where a flagstone being laid by a council employee was held to be equipment provided by his employer for the purposes of the employers business under the employers liability (defective equipment) act 1969 in the context of which lord diplocks dictum under the factories act 1961in haigh was found unhelpful by the house (see per lord jauncey of tullichettle at p. .....
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