Court : House of Lords
Decided on : Mar-22-2006
..... latter for applying them. one available sanction is exclusion, a power which may only be exercised on disciplinary grounds: 1998 act, section 64(4). only the head teacher may exclude a pupil, which may be for a fixed period or periods (not exceeding a total of 45 days ..... of its governing body who must conduct the school with a view to promoting high standards of educational achievement at their school: school standards and framework act 1998, section 38. the responsibility for discipline within a school is shared between the governing body and the head teacher, the former responsible for formulating policies, the ..... school referred the respondent to the local education authority for the provision of education otherwise than at school. the lea has a statutory duty under section 19 of the education act 1996 to provide education for children who, by reason of exclusion from their schools, need special arrangements to be made. the milton keynes lea .....
Tag this Judgment!Court : House of Lords
Decided on : Mar-22-2006
..... schools where she could wear the jilbab, but she did not apply to them. an approach by her solicitor to the dfes for a direction under sections 496-497 of the education act 1996 was fruitless. 17. during this period, according to the school, work was set by the school for the respondent to do at home and ..... authority to follow the sort of reasoning process laid down by the court of appeal. this pragmatic approach is fully reflected in the 1998 act. the unlawfulness proscribed by section 6(1) is acting in a way which is incompatible with a convention right, not relying on a defective process of reasoning, and action may be brought under ..... is whether, in the circumstances i have described, shabina was subjected to an exclusion from school that was unlawful under ordinary domestic law. sections 64 to 68 of the school standards and framework act 1998 deal with exclusions of pupils from school on disciplinary grounds. procedures are prescribed which must be followed if the exclusion is to be .....
Tag this Judgment!Court : House of Lords
Decided on : Mar-29-2006
..... whether in such circumstances his use of force would be reasonable. and that is an objective question. the position may be different under section 5 of the 1971 act but section 3 of the 1967 act does not excuse a defendant if he uses such force as he himself thinks to be reasonable. it must actually have been reasonable. 74 ..... crime of aggression. at a later preliminary hearing when the marchwood appellants sought wide-ranging disclosure said to be relevant to their defences under section 3 of the 1967 act and under the 2001 act, the judge refused to make an order. he held that the foreign and defence policies of the government were not matters into which ..... some questions of law arising from the proposed defences of the fairford appellants. relevantly, the question was raised whether the defence of using reasonable force under section 3 of the 1967 act was available to them. sitting at bristol, grigson j ruled on 12 may 2004 (1) that foreign policy and the deployment of the armed services .....
Tag this Judgment!Court : House of Lords
Decided on : Mar-29-2006
..... necessary, censoring or blocking correspondence. the secretary of state's authority for taking these measures is to be found in the prison rules made under section 47(1) of the prison act 1952. obviously, the rights of prisoners to communicate with the courts and to consult their legal advisers in confidence are particularly important. devising a ..... who, as graduates, were members of the general council of their university, sought a declarator that they were entitled to vote under section 27 of the representation of the people (scotland) act 1868. the section provided that "every person" whose name was on the register of the general council, if of full age "and not subject to ..... was inclined to concede, even though the point was not fully argued - that someone in the respondent's position could now bring proceedings under section 8 of the human rights act for damages for breach of certain of the guarantees in articles 6 and 8 of the convention. but, if so, in considering whether to award .....
Tag this Judgment!Court : House of Lords
Decided on : May-03-2006
..... all offences. it applies whenever an ingredient of an offence is the existence of a particular fact or circumstance. the subsection applies to that ingredient. the criminal justice act 1988, section 93c 22. i must now take this a step further and confront another difficulty. i can do this most readily by reference to the substantive offence relevant in ..... the leg so as to provide him with mitigation in the event he were convicted (r v jackson [1985] crim lr 442); and (c) of conspiracy to cause explosions where members of the ira during the ira ceasefire agreed to make bombs for use only if the ceasefire came to an end (r v o'hadhmaill [1996] crim ..... least that contingent purpose. 110. none of these difficulties, it should be noted, arise under the legislation in its present form: part 7 of the proceeds of crime act 2002. section 328(1) provides that "a person commits an offence if he enters into or becomes concerned in an arrangement which he knows or suspects facilitates (by whatever means) .....
Tag this Judgment!Court : House of Lords
Decided on : May-03-2006
..... the victims of mesothelioma were dead and the actions were brought by their widows under the fatal accidents act 1976. in terms of section 1(1) defendants are liable to widows "if death is caused by any wrongful act, neglect or default which is such as would (if death had not ensued) have entitled the ..... are ultimately held liable for materially contributing to the victims' mesothelioma, they should be held liable in solidum like any other concurrent tortfeasors whose separate wrongful acts combine to produce indivisible harm. that was indeed one of the main submissions for the claimants - and i would accept it. mr stuart-smith countered by ..... defendant or insurer who pays the claimant's damages can recover the appropriate contribution from the other defendants and their insurers under the civil liability (contribution) act 1978. in asbestosis cases insurers have been operating such a system among themselves for decades, with contributions being based on the plaintiff or pursuer's periods .....
Tag this Judgment!Court : House of Lords
Decided on : May-03-2006
..... right to compensation for unfair dismissal ("compensation") unless there is a higher normal retiring age for such employees in the undertaking where they work: section 109(1)(b) of the employment rights act 1996 ("era"). also, even if the normal retiring age in the business is higher than 65, after reaching that age they have no right ..... the speech of lord walker of gestingthorpe, i would dismiss this appeal. lord scott of foscote my lords, 6. these appeals raise a short point. sections 109 and 156 of the employment rights act 1996 impose, in their application to the two appellants, a cut-off age of 65 for "the right not to be unfairly dismissed " ..... walker of gestingthorpe my lords, 36. this appeal is concerned with complaints of indirect discrimination in employment law. the appellants claim that sections 109(1)(b) and 156(1)(b) of the employment rights act 1996 (which, as they apply in this case, exclude claims for unfair dismissal and redundancy payments by an employee who has attained .....
Tag this Judgment!Court : House of Lords
Decided on : May-10-2006
..... years from the date on which the cause of action accrued". 56. a cause of action in tort may accrue for the purposes of section 2 of the limitation act 1980 (formerly section 2 of the 1939 act) before its beneficiary knew or had reason to know of it: cf cartledge v. e. jopling and sons ltd. [1963] ac ..... in a manner which amounted to the carrying on by such companies of unauthorised investment business within the financial services act 1986, section 3. under section 6 of that act the court had power to order any person contravening section 3 "and any other person who appears to the court to have been knowingly concerned in the contravention to ..... is against a firm of accountants ("sephtons") retained by mr payne to provide the law society annually with accountants' reports containing the information prescribed by section 34 of the solicitors' act 1974. such information goes to compliance with the solicitors accounts rules of 1991 (or, prior to 1st june 1992, 1986). for the purposes of the .....
Tag this Judgment!Court : House of Lords
Decided on : May-17-2006
..... agree with them, and for the reasons they give i would allow the appeal. lord scott of foscote my lords, introduction 3. the income and corporation taxes act 1988 ("the 1988 act"), sections 555 to 558, and the income tax (entertainers and sportsmen) regulations 1987 (si 1987/530) (the 1987 regulations) make provision for the taxation of entertainers ..... direct or to a company controlled by the entertainer/sportsman. paragraph 2 contained various consequential provisions including, in sub-paragraph (7), a provision (now section 555(6) of the 1988 act) that said "this paragraph shall not apply to payments or transfers of such a kind as may be prescribed." 12. the problem about the scale ..... return for the 1998/1999 tax year which showed certain receipts from nike and head but the inspector of taxes issued a closure notice (see section 28a(5) of the taxes management act 1970) based on additional payments said to have been received by agassi inc. from nike and head. the closure notice gave rise to .....
Tag this Judgment!Court : House of Lords
Decided on : May-24-2006
..... green and non-registration was conclusive evidence that it was not. 20. in its definition of a "town or village green" for the purposes of the act, section 22 departed from the recommendation of the royal commission. the conclusive presumption arising from upwards of 20 years use was not confined to rural parishes or land surrounded ..... was sympathetic and introduced a suitable amendment which was adopted at the report stage (hansard (hl debates) 16 november 2000, col 513). this became section 98 of the 2000 act, which amended section 22 by substituting a new third limb of the definition (class c): "(1a) land falls within this subsection if it is land on which for ..... the hearing of the appeal was that it would be desirable, if reasonably possible, to interpret the definition of "town or village green" in section 22 of the commons registration act 1965 ("section 22") in a manner that would confine its application in the case of village greens to areas which were, more recognisably, the kinds of .....
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