Court : House of Lords
..... 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
..... 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
..... 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
..... 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
..... 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
..... , 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
..... 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 .....
Tag this Judgment!Court : House of Lords
..... 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
..... 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
..... 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, .....
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