Court : House of Lords
Decided on : May-24-2006
..... any benefits under a pension arrangement which either party has or is likely to have and in this case not just in the foreseeable future: see 1973 act, section 25b(1). the checklist has always required the court to take account of any benefit which a party will lose the chance of acquiring because of the ..... the financial consequences of divorce should be subject to continuous monitoring and periodical reports to parliament. their recommendation as to how the guidelines in section 25(1) of the matrimonial causes act 1973 should be revised avoided an approach that was too prescriptive. they said that the importance of each party doing everything possible to become ..... payment to the wife as consideration for discharging his liability to make further periodical payments. the court has this power under section 31(7a) and (7b) inserted into the 1973 act by section 66 of the family law act 1996. 97. that is something which will merit careful consideration at a suitably early date. but i do not .....
Tag this Judgment!Court : House of Lords
Decided on : Jun-14-2006
..... european convention on human rights. to recognise the claimants' convention right, the house is accordingly asked by the claimants to interpret the 1978 act under section 3 of the human rights act 1998 in a manner which would require or permit immunity to be refused to the kingdom and the individual defendants in respect of the torture ..... civil claims for damages for alleged torture committed outside the forum state (para 66). it is of course true, as the claimants contend, that under section 2 of the 1998 act this decision of the strasbourg court is not binding on the english court. but it was affirmed in kalogeropoulou v greece and germany (app no ..... hoc committee on jurisdictional immunities of states and their property, powerfully demonstrates international thinking on the point." 9. thus the rule laid down by section 1(1) of the 1978 act is one of immunity, unless the proceedings against the state fall within a specified exception. this rule conforms with the terms of the international .....
Tag this Judgment!Court : House of Lords
Decided on : Jul-12-2006
..... impliedly indicates otherwise (paragraph 17 above). that said, but for the virtually conclusive inference that the vicarious liability principle is indeed here applicable which arises from section 10 of the 1997 act (identified by lord hope in the course of the hearing), i would have been strongly inclined to conclude, consistently with scott baker lj's persuasive dissenting ..... period." [emphasis added] 53. the remedy which parliament has provided in cases of harassment is, of course, a statutory remedy. nevertheless it recognised in section 10 of the 1997 act that in harassment cases, as in a case of personal injury caused by a breach of the employee's duty at common law, the employer may be ..... now explain, it is impossible to avoid the conclusion that the effect of the phrase "or the employer or principal of such a person" in section 18b of the 1973 act is to show that it was the intention of parliament that it was to be open to the court, in appropriate circumstances, to find an employer .....
Tag this Judgment!Court : House of Lords
Decided on : Jul-12-2006
..... e (a minor) (care order: contact) [1994] 1 flr 146, 154-155: "i recognise of course that the threshold criteria for a care order under section 31 of the 1989 act require the court to be satisfied that a child is suffering or is likely to suffer significant harm attributable to inadequate parenting and that that inadequacy would normally ..... legislation that issue had to be decided by the court when determining whether to make an adoption order in the absence of parental agreement (see the adoption act (northern ireland) 1967, section 5), and it has to be decided at that stage under article 16 of the 1987 order if no freeing order has been made. freeing orders were ..... parental responsibility of those previously endowed with it and thus to bring to an end the relationship between the child and his natural family (see adoption act 1976, section 12(3)). the child is in a sort of adoptive limbo and parental responsibility is assumed by the adoption agency, in this case, the local authority .....
Tag this Judgment!Court : House of Lords
Decided on : Jul-12-2006
..... -under-heywood my lords, 44. a debtor's written acknowledgment of his debt or other liquidated pecuniary claim starts time running afresh under the limitation act 1980 (the 1980 act). such is the effect of sections 29 (5) and 30. in what circumstances, however, can an acknowledgment be rendered inadmissible in evidence pursuant to the without prejudice rule? that ..... with a view to discussing settlement and the notion that any reference to the consequences of failure should be admissible as a threat of litigation contrary to section 70 of the patents act 1977 was absurd. but, as i pointed out in muller's case, the thread which runs through most of the alleged exceptions to the without ..... of payment nor actual payment of a smaller sum in purported discharge of a larger admitted indebtedness has the effect in law of discharging that indebtedness: cf foakes v. beer (1884) 9 app. cas. 605; d and c builders ltd. v. rees [1966] 2 qb 617 (authorities which we were not in any way asked to reconsider). .....
Tag this Judgment!Court : House of Lords
Decided on : Jul-12-2006
..... on behalf of mrs smith, placed some reliance on article 8 of the european convention on human rights (respect for family life) and on section 3 of the human rights act 1998. he argued that the state has a positive obligation to provide an effective system of child support, under which substantial and reasonable maintenance, ..... that earner as submitted to the inland revenue in accordance with their requirements.' the only identified requirement of the inland revenue is that contained in section 8 of the taxes management act 1970 to make and deliver a return containing such information as may reasonably be required by the notice given to the taxpayer. one must, ..... revision of the figures' means the revision of the figures relating to the total taxable profit of a self-employed earner following an enquiry under section 9a of the taxes management act 1970 or otherwise by the inland revenue. 2c where the child support officer accepts that it is not reasonably practicable for the self-employed .....
Tag this Judgment!Court : House of Lords
Decided on : Jul-19-2006
..... bodily harm with intent to do so; or (b) of any offence of which he may be found guilty under an enactment specifically so providing, or under section 4(2) of this act [assisting offenders]; or (c) of an attempt to commit murder, or of an attempt to commit any other offence of which he might be found guilty ..... of an alternative verdict of manslaughter. on an indictment for murder a jury can, of course, return a verdict of manslaughter in an appropriate case: section 6(2) of the criminal law act 1967. prosecuting counsel, mr kelsey-fry qc, immediately acknowledged that one could mount an argument in law to suggest that the defence account, even if ..... statutory rules (building in part on rules developed at common law) have been enacted to facilitate achievement of this important objective. subsections (2) and (3) of section 6 of the criminal law act 1967 provide: "(2) on an indictment for murder a person found not guilty of murder may be found guilty- (a) of manslaughter, or of causing grievous .....
Tag this Judgment!Court : House of Lords
Decided on : Jul-26-2006
..... "satisfied" of "exceptional circumstances", inhibiting a proper exercise of judicial control over detention. but mr turner accepts that by virtue of section 3 of the human rights act 1998 the section can be read and given effect compatibly with article 5. that is why i indicated at the outset that this issue, although debated ..... finding in a case of unfitness to plead, and a conviction notwithstanding the offender's absolute or conditional discharge. 21. the most recent amendment of the section was by the sexual offences act 2003 which substituted paragraphs (d) to (n) of subsection 25(2) for the original paragraphs (d) and (e) which had specified simply ..... rights and fundamental freedoms ("the convention") if the defendant is still held by virtue of the operation of section 25 of criminal justice and public order act 1994 ("section 25"); (b) alternatively, the effect of section 25 is to place a burden on the defendant to establish the existence of the exceptional circumstances required for .....
Tag this Judgment!Court : House of Lords
Decided on : Jul-26-2006
..... the expense of the overall picture of what would be best for these children. although she twice referred to the "checklist" of relevant factors in section 1(3) of the 1989 act, had she gone through the evidence relating to each of those factors systematically, giving proper weight to the children's relationship with their mother, she ..... of the evidence relating to the children's welfare, which would have led her to a different conclusion. the welfare principle and the natural parent 25. section 1(1) of the children act 1989 is clear: "when a court determines any question with respect to - (a) the upbringing of a child; or (b) the administration of ..... some undefined family connection." hence a shared residence order was made defining the time which the children would spend in each household (as provided for in section 11(4) of the children act 1989). the order requiring cg to continue to live in leicester (which she had not appealed) was expressly affirmed. (cg later described the court .....
Tag this Judgment!Court : House of Lords
Decided on : Oct-11-2006
..... the authority and impartiality of the judiciary." the central importance of this article in the convention regime is clear beyond question, and is reflected in section 12 of the human rights act 1998. freedom to publish free of unjustifiable restraint must indeed be recognised as a distinguishing feature of the sort of society which the convention seeks ..... very different from saying that it is information which interests the public - the most vapid tittle-tattle about the activities of footballers' wives and girlfriends interests large sections of the public but no-one could claim any real public interest in our being told all about it. it is also different from the test suggested by ..... related to a matter of public interest, it was accepted that the reciprocal duty and interest could be found even where publication was by a newspaper to a section of the public or the public at large. in reynolds the court of appeal restated these tests ([2001] 2 ac 127, 167, 177), although it suggested .....
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