Court : House of Lords
Decided on : Feb-08-2006
..... is important to have in mind how they come to arise at all. they arise from the explosive effect of community law on a prime feature of the legislation regarding groups of companies. on its face section 247 precluded non-resident parent companies from making a group income election. the netherlands convention was drafted ..... and the uk and italy did. the agreements themselves did not ipso facto become enforceable in our domestic law but section 788 of the 1988 act gave them that enforceability. sub-section (1) of section 788 declared that "if her majesty by order in council declares that arrangements specified in the order have been made ..... tax. what was unlawful was interfering with the pirelli parent companies' article 52 freedom of establishment by denying their subsidiaries a facility (the ability to avoid act by making a group income election) available to uk-resident parent companies' subsidiaries. the charge which was found proved was discrimination against other member state parent .....
Tag this Judgment!Court : House of Lords
Decided on : Mar-08-2006
..... supplemented existing criminal law statutes such as the explosive substances act 1883 and the aviation and maritime security act 1990. it replaced some earlier statutes such as the prevention of terrorism (temporary provisions) act 1989 as amended. it contained, in section 1, a far-reaching definition of terrorism: "(1) in this act 'terrorism' means the use or threat of ..... system. (3) the use or threat of action falling within subsection (2) which involves the use of firearms or explosives is terrorism whether or not subsection (1)(b) is satisfied. (4) in this section €” (a) 'action' includes action outside the united kingdom, (b) a reference to any person or to property ..... ac 115, 130, 131. reliance was also placed on home office circular 038/2004 (july 2004), authorisations of stop and search powers under section 44 of the terrorism act, addressed to chief officers of police, which emphasised that "powers should only be authorised where they are absolutely necessary to support a force's .....
Tag this Judgment!Court : House of Lords
Decided on : Jan-26-2006
..... rules 2001 si 2001/1171. it is also agreed that, as i said at the outset of this opinion, no assistance can be obtained from section 244(1), which says that the act "extends" to the territories comprising great britain. 16. perhaps the most simple and elegant solution was that adopted by pill lj in the serco case ..... matter and amend it. parliament's imaginative response, twenty years later, was to leave the matter entirely to the judges. by section 32(3) of the employment relations act 1999 it repealed the whole of section 196 and put nothing in its place. the only part to survive was the special provision for mariners, which was re-enacted ..... on the question of territorial scope. when the right not to be unfairly dismissed first made its appearance as section 22 of the industrial relations act 1971, it was accompanied by a provision (section 27(2)) which said that section 22 did not apply "to any employment where under his contract of employment the employee ordinarily works outside great .....
Tag this Judgment!Court : House of Lords
Decided on : Feb-15-2006
..... treated as a foreign income dividend. the most important requirement (elaborated at great length) was that it should be paid, directly or indirectly, out of profits earned overseas. section 246n (act to be repaid or set off against corporation tax liability) provided in subsection (2): "in a case where €” (a) the company pays an amount of advance ..... judgment: "the issue therefore is one of simple statutory construction. can the expression 'payment' when used in section 87 of the 1970 act, or 'pays' when used both in section 246n(2) of the 1988 act and section 239 of the 1988 act, encompass a set-off of the sort that the appellant asserts? in order to succeed, the appellant has ..... on behalf of the revenue €”and this is the third point €”there could be no question of the revenue having to make any repayment under section 826 of icta 1988 until the act was actually paid. any cross-claim by mellham was therefore truly contingent on an event which had not happened and has still never happened, .....
Tag this Judgment!Court : House of Lords
Decided on : Feb-15-2006
..... gaafar and mohammed in the court of appeal 44. on 10 june 2005 elias j referred all these cases to the court of appeal pursuant to section 103c of the nationality, immigration and asylum act 2002. on 25 october 2005 the court of appeal (lord phillips of worth matravers cj, maurice kay lj and sir christopher staughton) held that no ..... required to live there would expose him that requires to be evaluated, as does the risk that sooner or later he will be forced by the state or those acting with its connivance or under its authority to return to darfur where on the grounds of his ethnicity he would almost certainly be persecuted. an evaluation of those ..... the spectrum the particular case falls. the more closely the persecution in question is linked to the state, and the greater the control of the state over those acting or purporting to act on its behalf, the more likely (other things being equal) that a victim of persecution in one place will be similarly vulnerable in another place within the .....
Tag this Judgment!Court : House of Lords
Decided on : Mar-01-2006
..... in the circumstances. the common law ought never to produce a wholly unreasonable result € but the present question depends on statute, the limitation act, 1939, and section 26 of that act appears to me to make it impossible to reach the result which i have indicated." cartledge v jopling was a personal injury case and all ..... had led to the creation of a latent defect in property. the committee's report (cmnd.9390) resulted in the latent damage act 1986 section 1 of which incorporated section 14a into the 1980 act. just as cartledge v jopling had led to an extension of the limitation period in personal injury cases so the pirelli case ..... of such matters, which could sometimes be difficult to ascertain in a latent damage context, is specifically included in the definition of knowledge contained in section 14 of the 1980 act". 110. the reference in parenthesis to awareness of causation being "sometimes € difficult to ascertain in a latent damage context" cannot mean that the committee .....
Tag this Judgment!Court : House of Lords
Decided on : Mar-01-2006
..... least as far as the framework agreement goes. but it is open to them to go further, as is clear from the broader regulation-making power contained in section 19 of the 1999 act. 38. for these reasons, essentially the same as those given by maurice kay lj in the court of appeal, i would hold that retained and whole- ..... difference in wording between regulation 2(4)(a)(ii), which requires only that the work be "the same or broadly similar", and its nearest equivalent in section 1(4) of the equal pay act 1970: "a woman is to be regarded as employed on like work with men if, but only if, her work and theirs is of the same ..... to this house and both questions are in issue. the part-time workers (prevention of less favourable treatment) regulations 2000 24. the regulations were made under section 19 of the employment relations act 1999, which required the secretary of state to make regulations for the purpose of securing that people in part-time employment were treated no less favourably than people .....
Tag this Judgment!Court : House of Lords
Decided on : Mar-08-2006
..... private and family life. it is our duty to remedy that, if possible, by interpreting the legislation so as to comply with the convention rights: see human rights act 1998, section 3(1). the relevant legislation is the definition of an 'unmarried couple' in regulation 1(2) of the child support (maintenance assessments and special cases) regulations ..... partner, following whose death on 8 february 1984 she was unable to succeed to the deceased's local authority tenancy, since she was not, under section 30 of the housing act 1980, regarded as a spouse or as a member of the deceased's family living with the deceased as husband or wife. the commission declared inadmissible ..... placed on article 14 because neither article 8 nor article 1 protocol 1 are sufficiently engaged." he expressed no view as to the possible application of section 3 of the 1998 act. the issues before the house 55. there are three issues before the house. they can be stated (substantially as formulated in the agreed statement of .....
Tag this Judgment!Court : House of Lords
Decided on : Mar-08-2006
..... , when judicially reviewed, to be arbitrary, unreasonable or disproportionate. the decision could not be held in the county court to be an unlawful act within the meaning of section 6 of the 1998 act: see section 6(2)(b). the fact that the question of incompatibility that was raised in connors was not capable, under the domestic system, of being ..... make the order, or it is satisfied that suitable alternative accommodation will be available and it is also reasonable to make the order: see section 84(2) of the 1985 act and section 16 of the 2001 act. 74. the hearings on this issue are, for the most part, brief and to the point. they are often unopposed, although an ..... is for these questions to be resolved in the high court. 59. the human rights challenge may take a different form. a local authority is obliged by section 6 to act compatibly with convention rights. the defendant's contention may be that the local authority's exercise of its power to seek a possession order is, in the circumstances .....
Tag this Judgment!Court : House of Lords
Decided on : Mar-08-2006
..... means employed under a contract of service or of apprenticeship or a contract personally to execute any work or labour, and related expressions shall be construed accordingly." 12. section 2 of the act, as amended, provides: "(1) any claim in respect of the contravention of a term modified or included by virtue of an equality clause, including a claim ..... in the appeal, and brief submissions to the effect that it should be dismissed were made on his behalf by counsel. 3. section 2(4) of the 1970 act was amended by the sex discrimination act 1975, section 8(6) and part i, para 6(1) of schedule 1, and it has been amended again since the events with ..... claims were presented, their claims were all in time. the respondents, on the other hand, contend that the appellants' "employment" within the meaning of section 2(4) of the 1970 act for the purposes of their claims for equal treatment under the occupational pension schemes was their employment with the transferor. if this is right, the claims .....
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