Court : House of Lords
..... gaafar and mohammed in the court of appeal 44. on 10 june 2005 elias j referred all these cases to the court of appeal pursuant to section 103c of the nationality, immigration and asylum act 2002. on 25 october 2005 the court of appeal (lord phillips of worth matravers cj, maurice kay lj and sir christopher staughton) held that no ..... required to live there would expose him that requires to be evaluated, as does the risk that sooner or later he will be forced by the state or those acting with its connivance or under its authority to return to darfur where on the grounds of his ethnicity he would almost certainly be persecuted. an evaluation of those ..... the spectrum the particular case falls. the more closely the persecution in question is linked to the state, and the greater the control of the state over those acting or purporting to act on its behalf, the more likely (other things being equal) that a victim of persecution in one place will be similarly vulnerable in another place within the .....
Tag this Judgment!Court : House of Lords
..... is important to have in mind how they come to arise at all. they arise from the explosive effect of community law on a prime feature of the legislation regarding groups of companies. on its face section 247 precluded non-resident parent companies from making a group income election. the netherlands convention was drafted ..... and the uk and italy did. the agreements themselves did not ipso facto become enforceable in our domestic law but section 788 of the 1988 act gave them that enforceability. sub-section (1) of section 788 declared that "if her majesty by order in council declares that arrangements specified in the order have been made ..... tax. what was unlawful was interfering with the pirelli parent companies' article 52 freedom of establishment by denying their subsidiaries a facility (the ability to avoid act by making a group income election) available to uk-resident parent companies' subsidiaries. the charge which was found proved was discrimination against other member state parent .....
Tag this Judgment!Court : House of Lords
..... rules 2001 si 2001/1171. it is also agreed that, as i said at the outset of this opinion, no assistance can be obtained from section 244(1), which says that the act "extends" to the territories comprising great britain. 16. perhaps the most simple and elegant solution was that adopted by pill lj in the serco case ..... matter and amend it. parliament's imaginative response, twenty years later, was to leave the matter entirely to the judges. by section 32(3) of the employment relations act 1999 it repealed the whole of section 196 and put nothing in its place. the only part to survive was the special provision for mariners, which was re-enacted ..... on the question of territorial scope. when the right not to be unfairly dismissed first made its appearance as section 22 of the industrial relations act 1971, it was accompanied by a provision (section 27(2)) which said that section 22 did not apply "to any employment where under his contract of employment the employee ordinarily works outside great .....
Tag this Judgment!Court : House of Lords
..... interim." 56. the lord ordinary (johnston) refused the appellant's motion for an interim order as being incompetent, having regard to the terms of section 21 of the crown proceedings act 1947 ("the 1947 act"): 2002 sclr 166. the appellant reclaimed and, at the start of the hearing before an extra division (lord marnoch, lord hardie and lord weir), ..... presented any substantial argument on the point. for that reason, i prefer to express no opinion on it and to go directly to the interpretation of section 21. 62. the 1947 act was passed to try to cure various problems which litigants and practitioners had been experiencing. some 60 years later, it is not easy to see those ..... that any claim can be enforced as of right by proceedings taken against the crown for that purpose in accordance with the provisions of the act. this section does not, of course, apply to scotland. section 2 subjects the crown to all those liabilities in tort to which, if it were a private person of full age and capacity, .....
Tag this Judgment!Court : House of Lords
..... who has entered into or works under a contract of employment"; and a "contract of employment" means "a contract of service or apprenticeship": see employment rights act 1996, section 230(1) and (2). that in itself is sufficient to distinguish those authorities. in any event, all of these cases depend upon their own particular facts. but ..... declaratory of the constitution of the church of scotland 'in matters spiritual' prepared by the general assembly of the church. the title of the act so stated. section 1 so declared. section 3 preserved the jurisdiction of civil courts 'in relation to any matter of a civil nature', subject to the recognition of the matters dealt ..... comercial internacional de alimentaci n sa (case c-106/89) [1990] ecr i-4135, para 8. the important and difficult question is whether section 3 of the 1921 act together with article iv of the declaratory articles must now be read in accordance with the marleasing principle as permitting an employment tribunal to exercise the .....
Tag this Judgment!Court : House of Lords
..... relate to extradition or expulsion." ill-treatment falling short of torture may invite exclusion of evidence as adversely affecting the fairness of a proceeding under section 78 of the 1984 act, where that section applies. but i do not think the authorities on the torture convention justify the assimilation of these two kinds of abusive conduct. special rules ..... based on statements obtained under torture to the british security services who may find it useful in unearthing terrorist plots. moreover, when issuing a certificate under section 21 of the 2001 act, the secretary of state may have to rely on material that includes such statements. 132. mr starmer qc, who appeared for amnesty and a ..... the demand of an expanding society for an expanding common law. similarly, in the us supreme court 121 years ago matthews j said in hurtado v california (1884) 110 us 516 at 531 that "as it was the characteristic principle of the common law to draw its inspiration from every fountain of justice, we are .....
Tag this Judgment!Court : House of Lords
..... the course of any of the operations of embarking or disembarking." since in the event of inconsistency between the french and english texts the former prevails (see section 1 of the 1961 act), the french version cannot be ignored: "le transporteur est responsible du dommage survenu en cas de mort, de blessure ou de toute autre l sion corporelle ..... by justice thomas, held that it did. they accepted the argument that her failure to move the asthma sufferer to an available seat further away from the smoking section was a cause of the damage external to the passenger and, since it was contrary to normal airline industry standards, was therefore neither expected nor usual. they endorsed ..... or disembarking." 53. there was little if any difference between the parties regarding the proper approach to interpretation of the relevant version of the warsaw convention. section 1 of the 1961 act states that "if there is any inconsistency between the text in english in part i of schedule 1 or 1a to this .....
Tag this Judgment!Court : House of Lords
..... oral hearing, is incompatible with convention rights. the divisional court decided that the incompatibility could be removed by construing the sub-paragraph, pursuant to section 3 of the 1998 act, to be subject to an implied qualification which gives the high court a discretion to order an oral hearing when this is necessary to satisfy ..... , an oral hearing is necessary to meet the requirement of fairness. thus no argument was addressed to the scope of the interpretative duty imposed by section 3 of the 1998 act, and it is unnecessary to form an opinion whether the divisional court's interpolation, if challenged, would be sustainable. 18. for these reasons, and ..... which the defendant must serve to satisfy the requirements of retribution and general deterrence, the "tariff" or "punitive", now known as the "minimum", term. section 269 of the 2003 act empowers the court, on such a conviction being entered, to determine the minimum term to be served, or (more rarely) to order that the defendant .....
Tag this Judgment!Court : House of Lords
..... clear and simple. he submitted, correctly, that the offences charged against the appellant appear in the european framework list (and in schedule 2 to the 2003 act), and that section 65(2) is specifically directed to framework list offences. but some of the conduct alleged against the appellant is said in the warrant to have taken place ..... in the high court of justiciary at a special hearing convened at kamp van zeist in the netherlands were charged, among other things, with conspiracy to cause the explosion. the charge alleged that they did or caused to be done various things in pursuance of the conspiracy in countries outside the united kingdom which culminated in the ..... placing of an explosive device on an aircraft in malta from where the device was transported to frankfurt and thereafter to london where it was loaded onto an aircraft on panam .....
Tag this Judgment!Court : House of Lords
..... by parliament. 16. the material which has been laid before us by parliament for this purpose consists of the following: section 95 of the 1999 act, section 55 of the 2002 act, sections 2 and 6 of the human rights act 1998 and article 3 of the european convention on human rights. but it is first necessary to set out the facts ..... persons who have not been granted leave to enter or remain in the united kingdom who have not been permitted to work under the immigration rules: asylum and immigration act 1996, section 8; immigration (restrictions on employment) order 1996 (si 1996/3225), schedule, part i, para 3. the notification of temporary admission that is given to asylum-seekers ..... exercise of the power is necessary, the secretary of state is subject to a duty, and has no choice, since it is unlawful for him under section 6 of the 1998 act to act incompatibly with a convention right. where (and to the extent) that exercise of the power is not necessary, the secretary of state is subject to a .....
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