Court : House of Lords
Decided on : Jul-18-2007
..... cases cited in paragraph 206 above underline the point. the situation differs where there is a proprietary claim. the fruits or offspring of my property in your hands are mine. 219. once a proprietary claim was ruled out, the issue in westdeutsche landesbank girozentrale v. islington london bc [1996] ac 669 became whether compound interest was recoverable ..... (or treasury) actually had from its use of the money. in support of its preferred former basis of claim, sempra referred to cases such as whitwham v. westminster brymbo coal and coke company [1896] 2 ch 538, watson laidlaw and co. v. pott cassells and williamson (1914) 31 rpc 104, 119-120 per lord shaw, inverugie investments ..... the conclusion of the majority, in my respectful opinion, confuses the remedy for a payment made under a mistake with the remedy for loss caused by a wrongful act. the wrongful act may be tortious, or a breach of contract, or it may be, as here, a breach of some statutory obligation. but, whichever it is, the .....
Tag this Judgment!Court : House of Lords
Decided on : Oct-17-2007
..... construction of the pollution prevention and control (england and wales) regulations 2000, (si 2000/1973) ("the regulations"). the regulations were made under section 2 of the pollution prevention and control act 1999 in implementation of the integrated pollution prevention and control directive (council directive 96/61/ec—"the ippcd"). as the ippcd's title suggests (and its recitals confirm), the regulations ..... as amended down to 1996.) 8. the appellant united utilities water plc ("united utilities") is a statutory water undertaker and a sewerage undertaker within the meaning of the water industry act 1991. it provides these services to about 2.9m houses and businesses in the northwest of england. the infrastructure of its undertaking is correspondingly large: over 40,000km of sewers .....
Tag this Judgment!Court : House of Lords
Decided on : Nov-28-2007
..... and 49 - justification 162. mr anderson qc for the ec appellants appears to have persuaded the court of appeal that the grounds of justification for acts otherwise breaching community law are less extensive and more constrained than those justifying an interference with the qualified rights under the convention—although the court of appeal ..... intended to encourage effective shooting and so reduce wounding rates. there are detailed statutory provisions governing, for example, the use of snares: see wildlife and countryside act 1981, s 11. into the calculation must further be injected the element of moral judgment already repeatedly mentioned: there are many people who would accept such ..... of the legislature. the enactment of every statute on the subject has necessarily involved the making of a moral judgment. in our view, the 2002 act should be seen as a further step in a long legislative sequence in which animal welfare has on numerous occasions been promoted by legislation related to .....
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