Court : House of Lords
..... 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 ..... certificate to the effect that permission for the development would have been granted, but on the erroneous basis that the relevant date for consideration of planning policies and circumstances in determining the section 17 application was the date of valuation of spireroses claim for compensation, december 3, 2001, rather than the date of the notice of the application for the making of the ..... 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 ..... . in addition, there is much to be said for the submission on behalf of tfl that the date of publication of the notice of the making of the compulsory order is a rational choice by the legislature, because that is the date on .....
Tag this Judgment!Court : House of Lords
..... faced with this burgeoning litigation, the industrial tribunal consolidated ms boyles complaints and decided that there should be a pre-hearing review on whether, in her case, there was a disability within the meaning of section 1 of the 1995 act: (1) subject to the provisions of schedule 1, a person has a disability for the purposes of this act if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities. ..... it is in this context that your lordships are called upon to decide the true meaning and application of the word likely where it appears in paragraph 6(1) of schedule 1 to the 1995 actor for that matter in paragraph 2(2) of the schedule although, as lady hale helpfully points out, that paragraph serves a quite different purpose. ..... there is nothing that i can add to baroness hales analysis of the meaning, effect and interrelationship of the various provisions of schedule 1 to the disability discrimination act 1995 which fall to be considered in this case, or to her explanation as to the meaning of the word likely in paragraphs 2(2) and 6(1) of that schedule. ..... this is unlikely to be the case where a preliminary issue cannot be entirely divorced from the merits of the case, or the issue will require the consideration of a substantial body of evidence. .....
Tag this Judgment!Court : House of Lords
..... as lord bingham observed, legislative effect was given to this proposal in the case of an offender suffering from psychopathic disorder, by section 45a of the 1983 act, inserted by section 46 of the crime (sentences) act 1997. ..... on 3 march 2003 rafferty j ordered him to be detained in hospital pursuant to section 37 of the mental health act 1983, subject to an indefinite restriction order under section 41 of that act. ..... moreover, we know that on 4 july 2002 he was admitted to runwell hospital and that on 3 march 2003, at wood green crown court, rafferty j made an order for his detention in hospital under section 37 of the 1983 act, with a restriction order under section 41. ..... while the house has been supplied with no detailed information about the criminal proceedings, we can infer that, following mr grays plea, the judge made an interim order for his detention under section 38 of the mental health act 1983 (the 1983 act). ..... he pleaded guilty to manslaughter on the grounds of diminished responsibility and was sentenced, as in this case, to be detained in hospital pursuant to section 37 of the mental health act 1983 with an indefinite restriction order under section 41. 35. ..... was sentenced to be detained in hospital pursuant to section 37 of the mental health act 1983 with an indefinite restriction order under section 41. ..... by amendment made by section 1 of and schedule 1 to the mental health act 2007 this provision now applies more widely to an offender suffering from a mental disorder" .....
Tag this Judgment!Court : House of Lords
..... although the english definition of a consumer hire agreement in section 15 of the 1974 act appears to apply to all kinds of bailment (see the concerns expressed by palmer and yates, above), it is common ground in this case that it is confined to bailment by ..... palmer on bailment, 2nd ed (1991), p 1209, note 12a confirmed this approach, as did the supply of goods and services act 1982, section 6(3), which provides that a contract can be a contract of hire for the purposes of that act whatever is the nature of the consideration. 14. ..... but to understand the kind of bailment that section 15 of the 1974 act refers to the classification in jones on bailment is ..... 2007 flaux j held that the location agreements were not consumer hire agreements within the meaning of section 15 of the 1974 act: [2007] ewhc 1738 (qb). ..... section 15(1)(c) will cease to have effect when section 2(2) of the consumer credit act 2006 is brought into force, but no date for this ..... trms standard form is not a consumer hire agreement within the meaning of section 15 of the consumer credit act 1974. ..... whether a location agreement, if made between trm and a retailer who is an individual, is a regulated hire agreement for the purposes of section 15 of the consumer credit act 1974. ..... section 40(1) provides that a regulated agreement is not enforceable against the hirer by a person acting in the course of a consumer hire business if that person is not licensed to carry on a consumer hire business of a description which covers the .....
Tag this Judgment!Court : House of Lords
..... its part the grand chamber in a v united kingdom, (application no 3455/05) (unreported) 19 february 2009, recognised that account can be taken of the fact that the judge who hears the application under section 3(10) of pta 2005 is a fully independent judge who is best placed to ensure that no material is unnecessarily withheld, and that the special advocate can provide an important additional safeguard by questioning the secretary of ..... it is not in dispute that the obligations imposed on each of the appellants by the control order made against him under the 2005 act constitute civil obligations for the purposes of article 6(1) and that unless the judicial proceedings conducted pursuant to section 3(10) of the 2005 act (see paras 4 and 5 of lord phillips opinion) afforded the appellant a fair hearing for article 6(1) purposes, the appellants article ..... the court summarised the respective cases of the parties as follows: the applicants complained about the procedure before siac for appeals under section 25 of the 2001 act (see paragraph 91 above) and in particular the lack of disclosure of material evidence except to special advocates with whom the detained ..... however, the special advocate cannot usefully perform his important role of "testing the evidence and putting arguments on behalf of the [suspect] unless the suspect is provided with sufficient information about the allegations against him to enable him to give effective instructions to the special ..... is divorced from .....
Tag this Judgment!Court : House of Lords
..... ), (f) remuneration on suspension on medical grounds under section 64 of this act and remuneration on suspension on maternity grounds under section 68 of this act, (g) any sum payable in pursuance of an order for reinstatement or re-engagement under section 113 of this act, (h) any sum payable in pursuance of an order for the continuation of a contract of employment under section 130 of this act or section 164 of the trade union and labour relations (consolidation) act 1992, and (j) remuneration under a protective award under section 189 of that act, but excluding any payments within subsection (2). ..... ), (f) remuneration on suspension on medical grounds under section 64 of this act and remuneration on suspension on maternity grounds under section 68 of this act, (g) any sum payable in pursuance of an order for reinstatement or re-engagement under section 113 of this act, (h) any sum payable in pursuance of an order for the continuation of a contract of employment under section 130 of this act or section 164 of the trade union and labour relations (consolidation) act 1992, and (j) remuneration under a protective award under section 189 of that act, but excluding any payments within subsection (2). ..... it is therefore said on behalf of the respondent that the appellants argument does not involve comparing like with like. 84. .....
Tag this Judgment!Court : House of Lords
..... mr weatherby on his behalf submitted that the board was not able to discharge its statutory duty under section 28 of the 1997 act because of the secretary of states failure to provide it with the means of doing so. ..... ", and whilst the parole boards task is essentially one of evaluating all the evidence rather than deciding whether the prisoner has discharged a burden of proving his safety for release, the default position under section 28(6)in contrast to the position under the criminal justice act 1991 in the case of extended sentences: r (sim) v parole board [2004] qb 1288is that the prisoner is to remain detained unless the board are satisfied he can be safely released. ..... this means that, in the instant case, the applicants should have had available to them a remedy allowing the competent court to examine not only compliance with the procedural requirements set out in section 12 of the 1984 [prevention of terrorism] act but also the reasonableness of the suspicion grounding the arrest and the legitimacy of the purpose pursued by the arrest and the ensuing detention. ..... as we have seen, section 225(4) of the 2003 act applied section 28 of the 1997 act to every ipp sentence and by the insertion of section 34(1)(2)(d) to the 1997 act effected by section 230 of and paragraph 3 of schedule 18 to the 2003 act, added a defendant serving an ipp to the ambit of the phrase life prisoner in section 28 of the 1997 act. .....
Tag this Judgment!Court : House of Lords
..... on any view, merely taking steps in the action, even though it can be said that such steps affirm the defendants reliance on the contents of her defence, will not do for the purposes of section 29, particularly as section 30 requires any acknowledgment to be in writing and signed many, indeed most, steps taken by a defendant in an action can be said to be taken pursuant to her defence; yet they often will not be in ..... house in pye v graham [2003] 1 ac 419, proceedings were brought in the european court of human rights challenging the compatibility of section 15 of the 1980 act with article 1 of the first protocol to the european convention on human rights (article 1), at least in relation to registered land. ..... to the agreement than can be implied from the correspondence would surely divorce the application of the rule from any reasonable consensual basis. ..... words of my own on the question whether the offer to purchase the property in the letter of 14 january 1992 that was written on the bosserts behalf by their solicitors can be relied on by the ofulues in these proceedings as an acknowledgement. 2. ..... there is no challenge on behalf of mrs ofulue to the court of appeals decision on point (a), and it is conceded on behalf of ms bossert that the court of appeal was wrong on ..... mr richard wilson qc, on behalf of mrs ofulue, contended that the admission in the defence constituted an effective acknowledgment which prevented time running for the period up to the time the proceedings .....
Tag this Judgment!Court : House of Lords
..... but as the argument in the appeal has progressed i have formed the view that the appellants can succeed only if they persuade your lordships that there is a general principle in epc article 84 and section 14(5)(c) of the patents act 1977 that requires a product claim to a single chemical compound to be restricted to the inventions technical contribution to the art, and that that means the inventive concept (in this case the diol ..... its simplest form, is that the relevant claims are claims to a product, not a process, and that (as lord hoffmann put it in para 36 of his judgment in the court of appeal): when a product claim satisfies the requirements of section 1 of the 1977 act, the technical contribution to the art is the product and not the process by which it was made, even if that process was the only inventive step. ..... well-established principles for what amounts to sufficiency of disclosure", when it said that the requirement for the claims to be supported by the description (article 84 of the european patent convention, mirrored in s.14(5)(c) of the patents act 1977) reflects the general legal principle that the extent of the patent monopoly, as defined by the claims, should correspond to the technical contribution to the art in order for it to be supported, or justified". ..... it was also contended on behalf of the appellants that, if the patent extended to escitalopram as a product, the respondents would be accorded a monopoly which exceeded their technical contribution .....
Tag this Judgment!Court : House of Lords
..... or is complying with any of the requirements of part i, or (ii) for the purpose of determining whether the practice of a public authority in relation to the exercise of its functions under this act conforms with that proposed in the codes of practice under sections 45 and 46, he may serve the authority with a notice (in this act referred to as an information notice) requiring it, within such time as is specified in the notice, to furnish the commissioner, in such form as may be so specified, with such information relating to the ..... to meet the contention that the hybrid authority should not be the ultimate statutory decider as to whether the requested information is excluded, she says that, in order to see if he has jurisdiction under section 50, the commissioner may, indeed must, resolve whether a hybrid authority was right to say that it need not comply with a request as the relevant information is excluded. ..... the issue raised by this appeal concerns the powers of the information commissioner (the commissioner) and the information tribunal (the tribunal), following a request under section 1 of the of the freedom of information act 2000 (the act) to the british broadcasting corporation (the bbc), in respect of information which the bbc contends is held for purposes ..... nor did the arguments of construction, advanced on mr sugars behalf by mr eicke and mr lightman, who had generously agreed to represent him pro bono. .....
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