Court : House of Lords
Decided on : Oct-11-2006
..... 2001 hart j, on the company's petition, appointed administrators for purposes including the approval of a corporate voluntary arrangement or scheme of arrangement under section 425 of the companies act 1985. 3. the company had the benefit of an asbestos liability policy under which it was entitled to be indemnified against its "ultimate net ..... usually looked forward to some kind of reconstruction, but that took place under different statutory provisions such as part i of the 1986 act (corporate voluntary arrangement) or section 425 of the companies act 1985. 7. in essence, an administration order did two things. first, it placed a procedural bar on the enforcement of security ..... the administration ended in a liquidation or a reconstruction under which the unsecured creditors received only a small dividend. this latter object was achieved by section 19(3) to (10) of the act. subsections (6) to (10) deal with contracts of employment and it is necessary only to refer to subsections (3) to (5): .....
Tag this Judgment!Court : House of Lords
Decided on : Oct-18-2006
..... in force at the material times can be noted shortly. the impugned decisions of the adjudicator and the iat were made under the immigration and asylum act 1999 ('the 1999 act'). section 69 makes provision for appeals to an adjudicator against refusals of leave to enter where removal in consequence of the refusal is said to be contrary ..... legislation, it was a procedural amendment only which did not and could not alter in any respect the substantive law. 44. but part iii of the 1982 act did not stop there. section 21(1), which is headed "continuance of certain existing jurisdictions", provides: "schedule 8 does not affect - (a) the operation of any enactment which ..... him pending the giving of directions and his possible removal from the united kingdom. the home secretary accepted that the scottish courts had jurisdiction under section 16 of the 1982 act because the home secretary was domiciled in scotland as well as in england. but he pleaded forum non conveniens on the ground that the english .....
Tag this Judgment!Court : House of Lords
Decided on : Oct-18-2006
..... rapporteur on violence against women (e/cn.4/2002/83, 31 january 2002, introduction, para 6): "nevertheless, many of the practices enumerated in the next section are unconscionable and challenge the very concept of universal human rights. many of them involve 'severe pain and suffering' and may be considered 'torture like' in ..... of origin, a particular social group might include a group based on a common characteristic of sexual orientation. sexual orientation cannot be understood to include acts considered to be criminal in accordance with national law of the member states: gender related aspects might be considered, without by themselves alone creating a ..... kovats [for the secretary of state] submits as follows. where an individual is persecuted for a non-convention reason, concurrent or subsequent threats (or, presumably, acts) against his family likewise cannot be regarded as persecution for a convention reason. if it were otherwise, the person initially ill treatedhere, the fatherwould .....
Tag this Judgment!Court : House of Lords
Decided on : Oct-25-2006
..... and also, by necessary implication, in respect of those situations for which parliament had deliberately chosen not to legislate. i understood him to submit that act fell within section 33 because it was a form of corporation tax which is charged on profits of companies and is recoverable under an assessment. although he accepted ..... law relating to a taxation matter under the care and management of the commissioners for revenue and customs: finance act 2004, section 320 (read together with section 5 of the commissioners for revenue and customs act 2005). that section, which applies only to actions brought on or after 8 september 2003, was enacted in response to the ..... reasonable diligence have discovered it." (with effect from 8 september 2003, this provision no longer applies to mistakes of law in tax cases: see section 320 of the finance act 2004.) dmg says that it did not discover its mistake until the ecj gave judgment (after the commencement of proceedings) and no amount of diligence .....
Tag this Judgment!Court : House of Lords
Decided on : Oct-25-2006
..... council from issuing any planning permission in pursuance of their purported decision of 3 march. 16. the appeal against the ministers' decision under section 238(1) of the 1997 act was duly heard by an extra division (lord kirkwood, lord marnoch and lady cosgrove) and on 30 march 2005 they refused it: 2005 ..... . on 25 april 2003 the joint committee submitted the first alteration to the scottish ministers for their approval under section 10(1) of the town and country planning (scotland) act 1997 ("the 1997 act"). by a decision letter dated 24 november 2003 the scottish ministers approved the alteration with effect from 26 november ..... the supplementary written statement (ravenscraig - strategic planning role) including complementary action for motherwell and wishaw town centres. such action will require to be confirmed through section 75 or other legally binding arrangements. it will be essential, also, that the development of any retail provision should be linked through programming, to the .....
Tag this Judgment!Court : House of Lords
Decided on : Nov-16-2006
..... seek a formal request from the judicial or administrative authorities of another contracting state; and that article 15 of the hague convention and the wider terms of section 8 of the 1985 act, when taken together, contemplate and empower this court to make such a declaration even before there are any proceedings in, or any request from, a ..... "in the plainest sense of the term." the ninth circuit followed this reasoning in fawcett at p 500, holding that the ne exeat provision in section 2(3) of the children (scotland) act 1995 did not confer "rights of custody" on the petitioning parent where the other parent had the exclusive right to determine the child's place ..... held that "rights of custody" for convention purposes included the right to grant or withhold consent to the child's removal from the united kingdom under section 2(3) of the 1995 act. the issue can now be regarded as settled, so far as the united kingdom is concerned. 15. unfortunately, as is usually the case in international .....
Tag this Judgment!Court : House of Lords
Decided on : Dec-13-2006
..... or more for offences committed before 4 april 2005. those whose offences were committed subsequently, however, are dealt with under the criminal justice act 2003 and by section 244 of that act all such prisoners (unless serving extended sentences) are automatically to be released after serving one half of their sentence (with the secretary of ..... prisoners liable to deportation or removal from the uk"), similar in effect to the secretary of state's "directions to the parole board under the criminal justice act 1991, section 32(6) ", sets out clear and readily intelligible criteria, which have no doubt been applied (without any suggestion of difficulty) in the case of ..... years or life sentences: the right to be released on the recommendation of the parole board. he says, invoking section 6 of the human rights act 1998, that sections 46(1) and 50(2) of the 1991 act are incompatible with the convention. prince charles headley 7. the third-named appellant (prince charles headley) is a foreign .....
Tag this Judgment!Court : House of Lords
Decided on : Dec-13-2006
..... substantial report in 1997. the main recommendations of the north report were enacted in legislation in the passing of the public processions (northern ireland) act 1998 ("the 1998 act"). 11. section 1 of the 1998 act established the respondent body, the parades commission for northern ireland ("the commission"), whose membership is, by paragraph 2(3) of schedule 1, ..... community. the commission will also consider the stance and attitudes of local community members and representatives." 14. the commission made procedural rules, as required by section 4 of the 1998 act. the validity of rule 3.3 is challenged by the appellant in the interlocutory proceedings the subject of the present appeal. rule 3.3 reads: ..... granted leave to apply. the application was based, as i have stated, partly on a challenge to the compatibility with the convention of section 8(6)(c) of the 1998 act and the validity of paragraph 4.4 of the commission's guidelines and rule 3.3 of its procedural rules, and partly on a .....
Tag this Judgment!Court : House of Lords
Decided on : Dec-13-2006
..... ltd 1945 jc 69, 73, for example, commenting on the word "dangerous" in section 14(1) of the factories act 1937, lord justice clerk cooper said: "the question is not whether the occupiers of the factory knew that it was dangerous; nor whether a factory inspector had ..... 192, 195 wills j referred to as "the contingency of carelessness". that was a case about the duty to fence all dangerous parts of machinery under section 5 of the factory and workshop act 1878: see now regulation 11 of the work equipment regulations. 27. there is a good deal of subsequent authority. in mitchell v north british rubber co ..... was 50% to blame for the accident but otherwise refused the appeal: 2005 slt 523. the appellant now appeals to your lordships' house under section 32(5) of the court of session act 1988, which states that the judgment of the court of session on any appeal from the judgment of the sheriff shall be appealable to the house .....
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