Court : House of Lords
..... the absence of the others about their ability to bring in a true verdict according to the evidence: r v orgles [1994] 1 wlr 108. (6) section 8(1) of the contempt of court act 1981 is not a bar to the court itself carrying out necessary investigations of such matters as bias or irregularity in the jury's consideration of the ..... gave judgment in r v mirza [2004] ukhl 2, [2004] 1 ac 1118, in which it was held, disapproving the observations in r v young, that section 8(1) of the contempt of court act 1981 did not have the effect of preventing the judge from conducting an investigation into the events which took place in the jury room. buxton lj sent ..... , goldring and mackay jj) held, following the views expressed in r v young [1995] qb 324, 330, that the judge was precluded by the terms of section 8(1) of the contempt of court act 1981 from carrying out an investigation into irregularities alleged to have occurred in the jury room. he was faced with the alternative of discharging the jury or .....
Tag this Judgment!Court : House of Lords
..... obtain a tactical advantage by offering himself for cross-examination by this means, or that he was attempting to prevent a proper evaluation of the hearsay evidence: see 1995 act, section 4(2)(f). the objection to his giving evidence by this means on grounds of public policy, if upheld, would not have justified the sanction of refusing to ..... to this rule there were numerous exceptions which deprived it of much of its force in civil proceedings. but in 1995 the rule itself was abolished. section 1(1) of the 1995 act provides simply that: "in civil proceedings evidence shall not be excluded on the ground that it is hearsay." 72. this new rule is not made ..... far when it held that the court would be bound to exclude the appellant's witness statement, which would otherwise be admissible as hearsay evidence under section 1(1) of the civil evidence act 1995, if he did not attend court in person for cross-examination. there are, of course, various procedural safeguards, failure to give effect to .....
Tag this Judgment!Court : House of Lords
..... the rules of the court of session within which a reclaiming motion may be marked to bring that interlocutor under review in the inner house: see court of session act 1988, section 28. when an interlocutor is reclaimed against, the effect from the time the reclaiming motion is marked is to sist, or stay, all execution on the decree ..... first defendant, a coal company, and held the second defendant, a gas company, wholly to blame for the loss incurred by the plaintiff as the result of an explosion caused by a leakage of gas. the second defendant appealed, but the court of appeal upheld the judge's decision that the first defendant was wholly to blame. goddard ..... that the money will be recoverable if the appeal is allowed. this does not, however, undermine the conclusion reached by lord carswell on the interpretation of section 1(5) of the 1978 act. indeed, it strengthens it, in that the position cannot be different depending upon whether this would or would not be an appropriate case in which to .....
Tag this Judgment!Court : House of Lords
..... which is so cautious as to be meticulous. 56. even more importantly, parliament agreed with, and gave effect to, the law commission's conclusion. section 118(1) of the criminal justice act 2003 specifically preserves any common law "rule relating to the admissibility of confessions or mixed statements in criminal proceedings." 57. if adopted, the crown's ..... practice, to direct the jury accordingly. that is exactly what he did. 9. for the sake of completeness, i would mention section 76a of pace which was inserted by section 128 of the criminal justice act 2003. section 76a(1) provides that, subject to its terms, a confession made by an accused person may be given in evidence for another ..... of the middleman: r v hayter [2003] 1 wlr 1910. the court granted a certificate that a point of law of general public importance under section 33(2) of the criminal appeal act 1968 was involved in the decision. the certified questions were as follows: "(1) in a joint trial of two or more defendants for a .....
Tag this Judgment!Court : House of Lords
..... if and when that injury is shown to have led to further injury. in such circumstances, the court can make an order for provisional damages - see section 32a of the supreme court act 1981. the test of causation in relation to both the original injury and a subsequent injury alleged to be consequent upon the original injury is balance of ..... where the heirs of the deceased were not his dependants - see gammell v wilson [1982] ac 27. these problems were, to a degree, remedied by section 4 of the administration of justice act 1982, which provided that the damages recoverable for the benefit of a deceased person in a survival action should not include "any damages for loss of income ..... . it would be much better if the claimant had no right to recover for such loss of earnings and the dependants' right to claim under section 1(1) of the fatal accidents act 1976 subsisted despite the claimant's recovery of damages for his injury. i am not persuaded that this result could not be achieved by a purposive .....
Tag this Judgment!Court : House of Lords
..... the needs of child defendants following the case of v v united kingdom, and again more may need to be done in some cases. 62. section 19(6) of the 1999 act expressly provides that: "nothing in this chapter is to be regarded as affecting any power of a court to make an order or give leave of ..... . i agree with them and would accordingly answer the certified questions as lady hale proposes and dismiss the appeals. 4. the provisions of section 21 of the youth justice and criminal evidence act 1999 ("the 1999 act") have the effect that, save in exceptional circumstances, the evidence of witnesses under 17 years of age in relation, inter alia, to ..... particular when that defendant is also a child. the question certified for us by the divisional court was this: "are the provisions of section 21(5) of the youth justice and criminal evidence act 1999 compliant with article 6 of the european convention on human rights insofar as they prevent individualised consideration of the necessity for a special .....
Tag this Judgment!Court : House of Lords
..... process does not require a particular order of proof or mode of offering evidence .." 32. in canada (corrections and conditional release act, 1992, section 140(1)(2)) and new zealand (parole act 2002, section 65) statutory provision is made for oral revocation hearings. in the united states, most states had already made such provision when the supreme ..... 541 and garyfallou aebe v greece (1997) 28 ehrr 344). in contrast, the liberty of the appellants was at stake. as originally enacted, section 38 of the 1991 act provided that a short-term prisoner who had been released on licence and had failed to comply with his licence conditions should be liable on conviction ..... to advance or protect or permits to be taken into account as legitimate considerations .." 29. mr pannick relied on the statutory context. while section 32 of the 1991 act expressly provided for oral hearings in some classes of case, those classes did not include cases such as the present in which oral hearings were permitted .....
Tag this Judgment!Court : House of Lords
..... up of specific transactions none of which had yet been concluded at the time of the bank's breach. it depended on the chance or contingency that economy bag would act so as to enable samson to make that profit as explained in allied maples group ltd v simmons and simmons [1995] 1 wlr 1602 where, at p 1614c, stuart- smith .....
Tag this Judgment!Court : House of Lords
..... importance to it in his printed case and his oral submissions. 46. the expression "derived property" seems to have appeared first in a taxing statute in section 28 of the finance act 1946, in provisions designed to charge higher rates of income tax on some categories of income covenants and other settlements of property in which the settlor retained ..... ) but they resist the inland revenue's claim that mr trennery must pay cgt of the order of 400,000, with a right to reimbursement (under section 78 of the 1992 act) from himself and his wife in their capacity as trustees of the first settlement. if cgt is payable at the higher rate, the remaining resources of ..... of their einkorn shares. this was not a disposal of the shares, which still had to be regarded, for cgt purposes, as retaining their full value (section 26 of the 1992 act). the trustees of the first settlement then transferred 770,000 to the trustees of the second settlement, but there was no immediate capital gains tax consequence as .....
Tag this Judgment!Court : House of Lords
..... to disrupt an electronic 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 is a reference to ..... of the appellants is unlawful under domestic law. the echr is not part of domestic law except to the extent that it has become so under the 1998 act. the 1998 act did not entrench the articles of the echr so as to bar parliament from subsequently enacting legislation inconsistent with those articles. parliament can, if it wishes to ..... this is not a function that the courts have sought for themselves. it is a function that has been thrust on the courts by the 1998 act. the 1998 act 146. section 1 of the 1998 act defined as "the convention rights" a number of specified articles of the echr and enacted that - "those articles are to have effect for the .....
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