Court : UK Supreme Court
..... to the decision of the court of appeal in racal group services ltd v ashmore [1995] stc 1151. that was a claim to rectification. rectification is a closely guarded remedy, strictly limited to some clearly-established disparity between the words of a legal document, and the intentions of the parties to it. it is not concerned with ..... claim for that of the trustee. i would, therefore, discharge the order of the judge and substitute an order that the decision of the trustees on 28 june 1978 to reject mr kerr's claim was of no effect and that the trustee should reconsider the claim." 75. the kerr case is of interest since (though ..... director of public prosecutions v hutchinson [1990] 2 ac 783). 14. in the field of trust law the most common invalidating factor, until the perpetuities and accumulations act 1964, was the unreformed rule against perpetuities, or remoteness of vesting. this applied relentlessly both to dispositions of property made by settlors or testators of property at their .....
Tag this Judgment!Court : UK Supreme Court
..... be its existing limits. 65. in addition, there is the fast changing landscape of the legal terrain following the passing and implementation of the legal services act 2007. that act is also another indication that parliament is ready to change common law practices which involve special rules for lawyers when it wishes to do so. 66. ..... mulholland [1963] 2 qb 477, 489-490, in a passage approved by lord edmund-davies in d v national society for the prevention of cruelty to children [1978] ac 171, 243-244. 31. secondly, in three more recent cases, on the basis that lap is confined to advice given by lawyers, the courts have ..... obtain documents or information, subject to reservations for legal professional privilege which refer to "professional legal advisers". other provisions, such as section 2 of the criminal justice act 1987 (which confers a corresponding power on the serious fraud office), preserve legal professional privilege subject to exceptions which refer in terms to "lawyers". (3) the .....
Tag this Judgment!Court : UK Supreme Court
..... parties for contribution, even if negligence or breach of an implied term had been proved." 47) moving on to canada, in giffels associates ltd v eastern construction co ltd [1978] 2 scr 1346, engineers who had been found liable in damages for the plaintiffs' loss arising from a defective roof, sought contribution from the main contractor, eastern construction. ..... identified in subsection (1) and is thus a reference to an action by a pursuer against a defender "in respect of loss or damage arising from any wrongful acts or negligent acts or omissions" by the defender. if a defender, as such a wrongdoer, has been held liable to pay damages or expenses to a pursuer and if he ..... wrongdoers" and provides, so far as relevant, as follows: "(1) where in any action of damages in respect of loss or damage arising from any wrongful acts or negligent acts or omissions two or more persons are, in pursuance of the verdict of a jury or the judgment of a court found jointly and severally liable in damages or .....
Tag this Judgment!Court : UK Supreme Court
..... reside here. nicholls j dismissed the revenue's appeal against the ruling of the commissioners that he had not been resident nor ordinarily resident in the uk in 1978-79. he rejected each of the revenue's alternative arguments that (a) on the primary facts found by the commissioners mr clark had been so resident ..... to collect taxes which are properly payable in accordance with current legislation but it is also responsible for managing the tax system: section 1 of the taxes management act 1970. inherent in the duty of management is a wide discretion. although the discretion is bounded by the primary duty (r(wilkinson) v inland revenue comrs [ ..... the booklet was operative and indeed during the years for which assessments have been raised against the appellants. the section was section 334 of the income and corporation taxes act 1988 and it provided as follows: "commonwealth citizens and others temporarily abroad every commonwealth citizen or citizen of the republic of ireland (a) shall, if .....
Tag this Judgment!Court : UK Supreme Court
..... for some overall judicial supervision of the decisions of the upper tribunal, particularly in relation to refusals of permission to appeal to it, in order to guard against the risk that errors of law of real significance slip through the system. what would, however, be totally disproportionate, is that this judicial supervision should ..... the former prerogative writs of certiorari, prohibition and mandamus or declaratory relief, in the revised order 53 of the rules of the supreme court, introduced in 1978 following the recommendations of the law commission's report on remedies in administrative law (1976, law com no 73). the other was the vigorous development of ..... scotland) mr mitchell, makes a powerful case for the status quo, by which he means the position obtaining in the social security system before the 2007 act. the social security commissioners were a highly skilled body of senior lawyers, thoroughly steeped in the intricacies of social security law, yet they could occasionally fail .....
Tag this Judgment!Court : UK Supreme Court
..... article, "the admissibility of answers to police questioning in scotland", in p r glazebrook (ed), reshaping the criminal law: essays in honour of glanville williams (1978), pp 317-343. originally, the official charged with investigating crime was usually the sheriff-substitute ("the sheriff") of the district, who would appoint a procurator fiscal ..... to assist him. (the link between sheriffs and procurators fiscal was not broken until section 2 of the sheriff courts and legal officers (scotland) act 1927 transferred the right to appoint procurators fiscal to the lord advocate.) if presented with information about an apparently serious crime, the sheriff would grant ..... that the prisoner's rights, including his right against self-incrimination, were protected. to be effective, this system depended on the sheriff and the procurator fiscal acting conscientiously. since the whole procedure took place in private, however, it was hard to be sure that they always actually did so. see, for instance .....
Tag this Judgment!Court : UK Supreme Court
..... ) came into force, and any legal proceedings which were determined before that date. claims which have been determined are therefore not affected by the act.since the act renders pleural plaques (and the analogous conditions mentioned in section 2) actionable, it has the effect of rendering persons liable in damages in respect ..... recalled at the outset of his speech in jackson, para 71, the warning that lord hailsham of st marylebone gave in the dilemma of democracy (1978), p 126 about the dominance of a government elected with a large majority over parliament. this process, he said, had continued and strengthened inexorably since ..... in their harmful ingestion should be thus actionable. although the dean of faculty for the appellants suggested that realistically this is the effect of the 2009 act pleural plaques themselves being intrinsically harmless and their real significance being their manifestation of substantial exposure to potentially lethal fibres the existence of demonstrable .....
Tag this Judgment!Court : UK Supreme Court
..... to state the reasons for his decision is an important part of the sheriff's duty in every case. reference was made to lai wee lian v singapore bus service (1978) ltd [1984] ac 729, where lord fraser of tullybelton said, at p 734, that the need for a judge to state the reasons for his decision is ..... in exceptional circumstances that such criticisms could give rise to an issue of law falling within the jurisdiction exercised by this court under section 32(5) of the 1988 act. in the present case, the concerns expressed about the fairness of the procedure followed do not raise such an issue. if, under current practice, counsel may have ..... the appropriate legal framework. in that regard, counsel founded upon the sheriff's failure to refer to the relevant statutory provision, namely section 11 of the children (scotland) act 1995 as amended, or to the case law providing guidance as to its application. secondly, it was argued that the sheriff's findings could not reasonably warrant the conclusion .....
Tag this Judgment!Court : UK Supreme Court
..... jay; in re harrison (1880) 14 ch d 19, 25, per james lj). 4. in the case of personal bankruptcy, section 306(1) of the insolvency act 1986 act ("the 1986 act") provides that a bankrupt's estate vests in the trustee in bankruptcy immediately upon his appointment and section 283(1) provides that a bankrupt's estate comprises "all ..... ". 173.it is relevant to note that the american bankruptcy rule invalidating ipso facto termination clauses is a product of legislation: section 365(e) of the bankruptcy code 1978, which was considered by the hon james m peck, united states bankruptcy judge, in his ruling in the parallel united states litigation concerning the dante programme. section 365 ..... as lord rodger of earlsferry put it in r v j [2004] ukhl 42, [2005] 1 ac 562, para 64, "the notion of a fraud upon an act, acting in fraudem legis, is ancient. although the outer limits of the doctrine remain notoriously difficult to define, this case at least falls squarely within its scope." 122.there is .....
Tag this Judgment!Court : US Supreme Court
..... of its power to tax. moreover, the severance tax does not conflict with national energy policies. to the contrary, the fact that the natural gas policy act of 1978 includes taxes imposed by an indian tribe in its definition of costs that may be recovered under federal energy pricing regulations indicates that such taxes would not ..... a new nation and the introduction of an entirely new system of laws applicable to both indians and non-indians. in performing that task, this court has guarded carefully the unique status of indian tribes within this nation. over its own members, an indian tribe's sovereign powers are virtually unlimited; the incorporation of the ..... in rejecting the attorneys' claim, the court of appeals first analyzed the relevant treaties between the united states and the creeks, and noted that the indians had "carefully guarded their sovereignty, and their right to admit, and consequently to exclude, all white persons, except such as are named in the treaty." 3 ind.t. at 247 .....
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