Court : House of Lords
Decided on : Jun-20-2007
..... that there was no such intention. in other words, the evidence must be inconsistent with an intention to dedicate. that seems to me to contemplate evidence of objective acts, existing and perceptible outside the landowner's consciousness, rather than simply proof of a state of mind. and once one introduces that element of objectivity (which was ..... users of the way that the owner did not intend to dedicate will inevitably bring the right into question, because one cannot foresee all cases. but the act clearly contemplates that there will ordinarily be symmetry between the two concepts. thus section 31(3) provides that an appropriate notice will be sufficient evidence to ..... to the public that the landowner had no intention to dedicate seems to me consistent with the nature and quality of the "sufficient evidence" required by the act to rebut a deemed dedication brought about by twenty years uninterrupted public user. 70. lord hoffmann has discussed in his opinion what, for section 31(2) .....
Tag this Judgment!Court : House of Lords
Decided on : Feb-21-2007
..... the rest of the world. if the member states of the european community are unable to offer a seat of arbitration capable of making orders restraining parties from acting in breach of the arbitration agreement, there is no shortage of other states which will. for example, new york, bermuda and singapore are also leading centres of ..... offers. nor is it only a matter of procedure. the choice of arbitration may affect the substantive rights of the parties, giving the arbitrators the right to act as amiables compositeurs, apply broad equitable considerations, even a lex mercatoria which does not wholly reflect any national system of law. the principle of autonomy of the ..... been previously decided by the court of appeal, the case was suitable for appeal directly to the house of lords under section 12 of the administration of justice act 1969. he also certified two other issues which do not raise questions of european law, namely, whether the grant of the injunction was inconsistent with the new .....
Tag this Judgment!Court : House of Lords
Decided on : Jul-18-2007
..... [1893] ac 429. but interest has been awarded at common law where restitution follows the reversal on appeal of a previously satisfied judgment: rodger v comptior d'escompte de paris (1871) lr 3 pc 465. various other exceptions have been recognised: see heydon v nrma ltd no 2 (2001) 53 nswlr 600, 603-606, per mason p. furthermore the claim ..... said. 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 claimant's cause ..... a test claimant for the determination of this issue, and four sample dividends have been identified for consideration. their relevant details are as follows: dividend payment date dividend amount ( ) act payment date act amount ( ) set off date set off amount ( ) 23/7and 21/9/81 2.5m 12/10/81 1,071,428.57 1/7/90 1/7/91 a) .....
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 : Dec-12-2007
..... remote - of fennoscandia attempting to enforce the american orders and judgment in future. he was, however, himself unable to envisage any circumstances whatsoever in which the court of session, having acted on the irrevocable undertaking, would ever allow it to be withdrawn and the orders and judgment to be enforced against mr clarke in scotland. mr mitchell also made clear that ..... to competency is encapsulated in the classic passage in the judgment of lord justice clerk thomson in macnaughton v macnaughtons trs 1953 sc 387, 392: our courts have consistently acted on the view that it is their function in the ordinary run of contentious litigation to decide only live, practical questions, and that they have no concern with hypothetical, premature .....
Tag this Judgment!Court : House of Lords
Decided on : Jul-11-2007
..... manufacturing sector. the defenders admit on record that mr beatty was given authority to bind them and to make representations on their behalf in his discussions with mr hamilton, who acted both in a personal capacity and for the second pursuers. 10. in fact, to begin with, mr hamilton's discussions were with mr stan walters whom mr beatty had asked .....
Tag this Judgment!Court : House of Lords
Decided on : Jul-04-2007
..... of twice gross commission whether the principal has derived any benefit from the termination or not. 21. in my opinion, therefore, the courts of the united kingdom would not be acting inconsistently with the directive if they were to calculate the compensation payable under article 17(3) by reference to the value of the agency on the assumption that it continued ..... benefit from the assistance of an expert witness but that in some cases it might be sufficient to place all the material before the court and invite the judge to act as valuer. it seems to me that once it is firmly understood that the compensation is for the loss of the value of the agency, relatively few cases will go .....
Tag this Judgment!Court : House of Lords
Decided on : Apr-25-2007
..... the first interpretation was correct, it would mean that riverside, a partially publicly funded charitable body, with tenants on its board, which could be expected to act responsibly and considerately, would be absolutely prevented from enjoying a cost of living increase in rent for a whole year, simply because, for instance, it missed ..... of riverside's tenants. the tenancy agreement in question is headed "assured tenancy agreement", and it is an assured tenancy within part i of the housing act 1988. the tenancy agreement is divided into six sections. 8. section 1 identifies the parties, namely the respondents, mr and mrs white, referred to as ..... cooperate in the management of its housing stock through a central tenants' association, and there is tenant representation on its board of directors. under the housing act 1996, the housing corporation (which has intervened on this appeal to support riverside's case) has considerable powers over the conduct of registered social landlords. according .....
Tag this Judgment!Court : House of Lords
Decided on : Nov-14-2007
..... . ah and ig worked as subsistence farmers. nm may have been employed in a business with his father. all three suffered severe persecution in darfur at the hands of militias acting with government support or connivance. they fled from darfur, in nms case after a six-month sojourn in khartoum, arrived in this country and claimed asylum as refugees on ..... to an adjudicator or immigration judge. the respondents sought to challenge these refusals under section 103a of the nationality, immigration and asylum act 2002, and their cases were referred to the court of appeal under section 103c of that act. the court of appeal dismissed the appeals on 25 october 2005 ([2005] ewca civ 1219) and the respondents appealed to the house .....
Tag this Judgment!Court : House of Lords
Decided on : Dec-05-2007
..... maybe, his native tongue is not spoken, to divorce him from the social customs and contacts to which he has been accustomed, to interrupt his education...are all acts...which are likely to be psychologically disturbing to the child, particularly at a time when his family life is also disrupted. 42. in convention cases, however, there are ..... only will the welfare of the child be the paramount consideration, but the checklist of factors relevant to that consideration, set out in section 1(3) of the children act 1989, will have to be fully considered. in the words of mr scott-manderson qc, appearing for the father, it operates as a fetter on the courts ..... be summarily returned to zimbabwe under the hague convention on the civil aspects of international child abduction 1980, given effect in united kingdom law by the child abduction and custody act 1985. the trial judge held that they should be returned: [2007] ewhc 1820 (fam). the court of appeal upheld his decision: [2007] ewca civ 992. there .....
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