Court : House of Lords
..... england and wales, and every crown prosecutor has all the powers of the director which he must exercise under the directors direction: prosecution of offences act 1985, section 1. section 10 of that act provides that the director shall issue a code for crown prosecutors giving guidance on general principles to be applied by them in determining, in any case, ..... assisted suicide is lawful will be likely to fall into the proscribed category. 42. the issue that ms purdy raises however is directed not to section 2(1) of the act, but to section 2(4) and to the way in which the director can be expected to exercise the discretion which he is given by that subsection whether or ..... outside the jurisdiction: cox v army council [1963] ac 48 at p. 67; treacy v dpp [1971] ac 537 at pp. 552-553. from at least the time of henry viii, however, murder has been recognised as an exception to this general rule. section 9 of the offences against the person act 1861 provides: where any murder or manslaughter .....
Tag this Judgment!Court : House of Lords
..... illegality. 141. the alleged illegality was in the company providing financial assistance for the purchase of its shares, contrary to what was then section 54 of the companies act 1948. that provision is one reflection of the basic principle of company law requiring a limited company to maintain its capital: see the explanation ..... . maximums ex-shareholders then bought all the shares in belmont from the williams furniture group for 489,000, so committing an offence under section 54 of the companies act 1948. later belmont, in liquidation, brought proceedings for misfeasance against its former holding companies and various individuals. the court of appeal allowed the ..... audit reports for those three financial years. during this period, therefore, moore stephens were officers of sandr for the purposes, for example, of section 212 of the insolvency act 1986 and had a contractual relationship with sandr for the purpose, at least, of the preparation of the annual audit reports. 92. mr stojevic .....
Tag this Judgment!Court : House of Lords
..... understanding was that peters assurance related to whatever the farm consisted of at peters death (as it would have done, barring any restrictive language, under section 24 of the wills act 1837, had peter made a specific devise of steart farm). this fits in with the retrospective aspect of proprietary estoppel noted in walton v walton. 63. ..... cobbe [2008] 1 wlr 1752 was directed to the unusual facts of that case is supported by the discussion at para 29 relating to section 2 of the law of property (miscellaneous provisions) act 1989. section 2 may have presented mr cobbe with a problem, as he was seeking to invoke an estoppel to protect a right which was, in ..... a sense, contractual in nature (see the passage quoted at the end of para 96 above), and section 2 lays down formalities which are required for .....
Tag this Judgment!Court : House of Lords
..... of a provision which was first found in legislation applying to northern ireland and was later extended to great britain by the criminal justice and public order act 1994. section 57 embodies a provision with a similar history. lord lloyd of berwick was asked to review the terrorism legislation and his report, inquiry into legislation against ..... would be caught by a terrorist provision. the court of appeal seemed to be making it plain that a reasonable excuse for the purposes of this section of this act encompasses not just the kind of excuse which would be a reasonable way of dealing with possession of an offensive weapon but extends to other activities ..... explosives or viable explosive device or part of any explosive device were recovered from him. the crown further alleges that mr g drew a map of the territorial army centre in chesterfield and identified the location of the armoury there. he wrote down plans to attack the centre and to kidnap the caretaker. extremist material containing .....
Tag this Judgment!Court : House of Lords
..... not be made public because disclosure would be contrary to the public interest. amendments have been made to the act by, among others, the nationality, immigration and asylum act 2002 (the 2002 act). 11. section 82 of the 2002 act gives those adversely affected by immigration decisions, including decisions to deport, the right to challenge the decisions by an ..... rule 4 ultra vires. 83. this conclusion makes it unnecessary to consider the implications of the fact that the terms of section 97 of the 2002 act, coupled with section 2(1) of the 1997 act, appear to show a clear intention on the part of parliament that siacs procedures should be available to protect information ..... court, the ssct, it would consist of three judges, of whom the presiding judge and at least one other would be senior military officers, serving in the army as lawyers. the third judge would probably be a civilian. the state prosecutors would also be military officers, part of the same military hierarchy. in jordan, as .....
Tag this Judgment!Court : House of Lords
..... those of her child under that article. 63. another argument addressed to the house concerned the observance by the police of their duty under section 32 of the police (northern ireland) act 2000. this issue is in the strict sense ancillary to the article issue, for the argument depends on the contention that the police failed ..... travel of the parents and children to school and each evening to prevent sectarian rioting along interfaces in the area. during the course of these operations police and army came under attack with gunfire, blast bombs, petrol bombs, acid bombs and missiles. vehicles were hijacked, set on fire and rolled into police lines. large numbers ..... to do so. later that day and on subsequent days in september serious rioting occurred in the area, notwithstanding the deployment of large numbers of police and army personnel. 27. the loyalists efforts in pursuit of their aim of blocking the walk to the school became increasingly violent and dangerous, with highly unpleasant and .....
Tag this Judgment!Court : House of Lords
..... to appeal by the immigration appeal tribunal. she then lodged a petition in the court of session seeking a review of that refusal under section 101 of the nationality, immigration and asylum act 2002. the petition was considered by lady cosgrove who dismissed it. 12. the appellant makes no criticism of lady cosgroves reasons for ..... proposition that the association is anti-palestinian: the current conflict - legal aspects", by colonel daniel reisner, head of the international law department (ild) of the israeli army, published in edition no 30 of justice". the article was the text of a presentation made by colonel reisner to an international conference on standing by israel in ..... rules of morality and legality, they are not". colonel reisner went on to say that as a lawyer, it is my job to make sure that the army will fight lawfully and morally", and he also welcomed the supervision of the israeli supreme court. although the first passage is a generalisation which, taken literally, must .....
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..... effect of that provision was to leave the local authorities statutory power to manage its caravan sites unqualified. that subsection has now been amended by section 211(1) of the housing act 2004. section 4(6)(a), as originally enacted, has been deleted. the result is that the power to suspend is now generally available in such cases. ..... must nevertheless be enforced, as parliamentary sovereignty requires this. giving effect to a decision to do what the legislation authorises will not be an unlawful act within the meaning of section 6(1): see section 6(2)(b) hra. part (ii) recognises that, if effect must be given to legislation which is incompatible with a convention right, ..... since wandsworth lbc v. michalak [2003] 1 wlr 617, i find counsel as heavily engaged in similar exchanges around an extending range of authorities as the opposing armies around the forts of verdun. one submission by mr luba qc for the appellant supported by mr sales qc for the secretary of state is that the house .....
Tag this Judgment!Court : House of Lords
..... j) which on 3 april 2007 dismissed both appeals: [2007] ewhc 762 (admin). two points of law, however, were certified by the court under section 114(4) of the act as being of general public importance and on 11 october 2007 the house granted leave to appeal in respect of the following one of them: is it ..... appellant also copied data and files onto his own computers, including operating system files containing account names and encrypted passwords from 22 computers comprising: 189 files from us army computers, 35 files from us navy computers (including some 950 passwords from server computers at naval weapons station earle); and six files from nasa computers. 15. the ..... his interviews under caution, moreover, he admitted responsibility (although not that he had actually caused damage). he stated that his targets were high level us army, navy and air force computers and that his ultimate goal was to gain access to the us military classified information network. he admitted leaving a note on one .....
Tag this Judgment!Court : House of Lords
..... but section 2(5) of the 1989 act says that nothing in this section affects the creation or operation of resulting, implied or constructive trusts. and mr cobbe, with the permission of etherton j, amended his pleadings ..... obtain any further assistance from the doctrine of the constructive trust. i do not think it is necessary or appropriate to consider the issue on section 2 of the law of property (miscellanous provisions) act 1989. i would (in common, as i understand it, with all of your lordships) allow this appeal and direct an inquiry with ..... contract, i.e. contractual relief. however, at the outset of the trial on liability, on 18 january 2005, these contractual claims were abandoned. section 2 of the law of property (miscellaneous provisions) act 1989 made them untenable - 2(1) a contract for the sale or other disposition of an interest in land can only be made in writing .....
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