Court : House of Lords
..... construction of the pollution prevention and control (england and wales) regulations 2000, (si 2000/1973) ("the regulations"). the regulations were made under section 2 of the pollution prevention and control act 1999 in implementation of the integrated pollution prevention and control directive (council directive 96/61/ec"the ippcd"). as the ippcd's title suggests ..... (marleasing sa v la comercial internacional de alimentaci n sa (case c-106/89) [1990] ecr i-4135). mr west submitted that the plain language of section 5.3(c), and in particular the word "final" which qualifies "compounds or mixtures," was decisive in favour of united utilities. a product which is to ..... where one or more activities listed in part 1 of schedule 1 are carried out." part 1 lists a large number of activities under various headings, including (in section 5.3 of chapter 5) "disposal of waste other than by incineration or landfill". under this heading, paragraph (a) deals with hazardous waste, paragraph (b) .....
Tag this Judgment!Court : House of Lords
..... v chalmers property investment co ltd lord kissen cited with approval the passage from rankine on landownership (p 417) where the learned author states: 'the presumption [for freedom] acts in three ways: first, by demanding certain known modes of constitution; next, after proof of the existence of some right of servitude, by presuming in favour of that ..... 24, questions of how and precisely where the right to park is to be exercised are questions that ought to be capable of being resolved by the parties acting sensibly but can, if necessary, be decided under reference to the rule that the servitude right must be used civiliter. this point has been recognised by the terms ..... may arise as alterations take place in the progress of society. but there is no escape from the fact that servitudes require a neighbouring piece of land to act as a dominant tenement. it is hard to envisage a situation, other than where the right is constituted expressly by a feuing condition or as a real burden .....
Tag this Judgment!Court : House of Lords
..... to be held in accordance with the provisions of the inquiries act 2005. under section 17(1) of that act the procedure and conduct of the inquiry are to be such as the chairman may direct. by section 18 there is to be public access to the proceedings, but section 19 provides for the imposition of restrictions on such access ..... considers to be conducive to the inquiry fulfilling its terms of reference or to be necessary in the public interest, having regard in particular to the matters mentioned in section 19(4). those matters include "any risk of harm or damage that could be avoided or reduced by any such restriction". "harm or damage" is defined in ..... in certain well-defined circumstances a positive obligation on the authorities to take preventive operational measures to protect an individual whose life is at risk from the criminal acts of another individual. the scope of this obligation is a matter of dispute between the parties. 116. for the court, and bearing in mind the difficulties .....
Tag this Judgment!Court : House of Lords
..... of "settlement" ("includes any disposition, trust, covenant, agreement, arrangement or transfer of assets") appeared for the first time in subsection (9)(b) of section 21 of the finance act 1936 (provisions as to income settled on children), which was capable of applying to covenanted payments as well as to the income of settled property. covenants ..... to have some efficacy for tax purposes (though subject to increasingly stringent conditions) until a general abolition of the relief (for surtax purposes) by section 12 of the finance act 1965. the general rule now (for all income tax purposes, though subject to some limited exceptions) is that in order to escape a tax charge ..... which, despite opportunities to do so, the legislature has been happy to accept by implication, in that nothing in the various re-enactments since section 38 of the 1938 act has called the approach into question. 87. it also appears to me that the conclusion is consistent with principle. the fact that the company had .....
Tag this Judgment!Court : House of Lords
..... from utilisation until judgment is in an amount computed by reference to simple interest. however, the anomaly lies in the wording of s.35a of the 1981 act. that section is the source of the claim for interest for the post-utilisation period, and it plainly restricts the interest to simple interest." 228. there has been ..... to the more liberal views of lord mansfield cj and other judges. 80. some 40 years later parliament enacted section 3 of the law reform (miscellaneous provisions) act 1934. this replaced section 28 of lord tenterden's act. section 3 empowered courts, in proceedings to recover any debt or damages, to award simple interest on the amount for ..... . the rights conferred on citizens in the united kingdom by article 43, previously article 52, of the ec treaty are rights falling within section 2(1) of the european communities act 1972. they are rights to which effect must be given in this country without further enactment. accordingly a breach of the article 43 prohibition .....
Tag this Judgment!Court : House of Lords
..... , of course, a formal prospectus) and the transfer to the successor company, british gas plc, of the bgc's assets and liabilities was effected by section 49 of the 1986 act. section 49(1) said that on a transfer date to be nominated by the secretary of state - " all the property, rights and liabilities to which the ..... . first, it says that national grid gas plc ("national grid") is an appropriate person against whom a remediation notice may be served under section 78e of the environmental protection act 1990. section 78f(2) defines an appropriate person as one who "caused or knowingly permitted the substancesby reason of which the contaminated land in question ..... and, upon privatisation in 1986, the liabilities of the state owned area boards were transferred to british gas plc. both in section 17(1) of the 1948 act and in section 49(1) of the 1986 act the assets and liabilities transferred were expressly limited to those existing "immediately before" the transfer date. the notion that that .....
Tag this Judgment!Court : House of Lords
..... the way has been "actually enjoyed by the public as of right and without interruption for a full period of 20 years." the language was plainly borrowed from section 2 of the prescription act 1832 but the meaning of "as of right" must be interpreted in the context of dedication, not prescription. if the first question can be given the answer ..... instead, it ran from when the right to the way was "brought into question", without any grace period. that suggests that the draftsman, with the example of section 4 of the 1832 act before him, thought that if he ran the period back from the date when the right was brought into question, no grace period would be needed. 12. that ..... , notice in writing to the county and borough or rural district council that the way is not dedicated to the public will be sufficient. by section 1(4) (now section 31(6) of the 1980 act) a landowner may deposit with the county council and the borough, urban district or rural district councils a map of his land and a statement .....
Tag this Judgment!Court : House of Lords
..... a local authority may with the approval of the secretary of state, and to such extent as he may direct shall, make arrangements for providing . . . .' (1972 act, section 195(6), schedule 23, para 2(1)). ministerial directions required that provision be made for people ordinarily resident in the area (dhss local authority circular 13/74). 51. but ..... of the solicitors' profession by the law society or the example of the private contractor entrusted with responsibility for enforcing the road traffic regulation act. section 101 of the local government act 1972 enables a limited form of delegation, whereby arrangements may be made for the discharge of local authority functions by a committee or ..... the strasbourg jurisprudence is of also help, especially in the light of what has been said in your lordships' house about the purpose of the 1998 act, and section 6 in particular. in paragraph 34 of his speech in r(quark fishing ltd) v secretary of state for foreign and commonwealth affairs [2005] ukhl .....
Tag this Judgment!Court : House of Lords
..... compliance with the uk's obligations under international law (as opposed to its obligations under domestic lawwhich depend upon the true construction of the act without reference to section 3), i respectfully take a different view as to the application here of the presumption considered by lord bingham at para 12. diplock lj ..... wholly or mainly outside the territory of the united kingdom. as lord hoffmann pointed out, in para 1: "it is true that section 244(1) [of the 1996 act] says that the act 'extends' to england and wales and scotland ('great britain'). but that means only that it forms part of the law of great ..... for that matter, any other contracting state), falls within the exceptions recognised by the strasbourg jurisprudence, which the english court must take into account (section 2(1) of the act). the secretary of state originally contended in these proceedings that none of the claimants' complaints fell within the limited extra-territorial exceptions recognised by the strasbourg .....
Tag this Judgment!Court : House of Lords
..... on the second issue that has been argued, namely that identified in paragraph 8 of lord hoffmann's opinion. i consider that the provisions of section 788 of the 1988 act would not have given effect to the non-discrimination articles, even if (as the court of appeal and park j thought) the uk was required ..... draft the opinion prepared by my noble and learned friend, lord hoffmann, with which i find myself in full agreement on the first issue, whether section 247 of the 1988 act imposed discrimination on the appellant subsidiaries of us and japanese companies, contrary to the respective double taxation conventions. i therefore agree that this appeal should ..... been argued, namely that identified in paragraphs 6 and 7 above. i agree that the denial of the right of election under section 247 of the income and corporation taxes act 1988 ("the 1988 act") to groups with foreign parents did not infringe the non-discrimination articles of the double taxation convention ("dtc") between the united .....
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