Court : House of Lords
..... emissions from the installationinto each environmental medium, and a description of any foreseeable significant effects of the emissions on the environment (emphasis added) 18. section 4 of the application dealt with impact on the environment. for this purpose, the company commissioned consultants to run a computer model of the effect of ..... the pollution prevention and control (england and wales) regulations si 2000/1973 (the regulations). these regulations were made under the pollution prevention and control act 1999, mainly to enable the uk to give effect to the european council directive 96/61/ec of 24 september 1996 concerning integrated pollution prevention and ..... it represents the latest technology in cement making. when it was built, the manufacture of cement required authorisation under part i of the environmental protection act 1990. authorisation was granted in 1999 and the plant began commissioning in the following year. in 2000 a new system of pollution control was introduced .....
Tag this Judgment!Court : House of Lords
..... avoidance provisions which had been introduced into schedule 10 to counteract certain schemes of this kind. 5. the relevant provisions were inserted into schedule 10 by section 37 of the finance act 1997: 2 (3aa) where an election has been made under this paragraph in relation to any land, a supply shall not be taken ..... the college. the terms of secondment are contained in a specimen letter to the employee scheduled to the agreement. it provides that during secondment the employee will act in the specified capacity (librarian, assistant librarian, etc) for the company and be responsible for the provision of services to members of the college. the ..... applying the expression in occupation of to a particular set of facts, its meaning is also strongly influenced by the nature of the premises in question. acts which amount to occupation of a stretch of entirely undeveloped land (perhaps a protected site of special scientific interest as in southern water authority v nature conservancy .....
Tag this Judgment!Court : House of Lords
..... that after payment of the costs of liquidation and the statutory preferred creditors, the assets are distributed pari passu among the ordinary creditors: see section 107 of the 1986 act and section 555 of the corporations act 2001 (cth). but australia has a different regime for insurance companies. i need not trouble your lordships with the details. it is sufficient ..... recognise the title of an english ancillary liquidator to the companys assets. but it was also based upon the principle of universalism. in re matheson brothers ltd (1884) 27 ch d 225 kay j appointed a provisional liquidator, as in this case, to protect the english assets of a new zealand company which was being wound ..... made available for distribution pari passu to all its creditors. one example is the passage i have quoted from the judgment of kay j in re matheson brothers ltd (1884) 27 ch d 225 (see para 9 above) in which he said that he would continue the provisional liquidation until i see that proceedings are taken in .....
Tag this Judgment!Court : House of Lords
..... team report into the procurement and other measures which might be taken to prevent any similar accidents occurring in future. the third was a board of inquiry under section 135 of the army act 1955. this is an internal army mechanism designed to get at the facts and to identify lessons. it does not inquire into the cause of death, ..... if soldiers are to feel confident that it is an operation that they can properly engage in. this is so too of their commanders, who under section 65 of the 2001 act are responsible for the acts of their subordinates. 24. the question whether the invasion was lawful was, without doubt, of cardinal importance to the decision whether it was proper ..... lawful command when he refused to return to iraq in june 2005. it was accepted by the crown that for there to be an offence (then under section 34 of the air force act 1955) the order in question must not have been an order to do something which was unlawful in domestic or international law. the judge advocate ruled .....
Tag this Judgment!Court : House of Lords
..... the nature of the commissioners powers to enable them to bring a common law claim against someone not liable for tax or other payment under the 1994 act. section 25 of the 2005 act is only concerned with rights of audience. 182. it is true, as lord walker has pointed out, that the commissioners seek freezing orders and present ..... which should have been paid to them. the claim based on unpaid output tax: statutory claims and remedies 185. the second relevant group of provisions in the 1994 act are sections 59 to 69, 72 and 73, which, when taken together, have a long and broad reach. it is important in the present context to note that those ..... made or adapted for use in connection with computers and various other equipment of a similar nature which it specifies. 17. secondly, section 55a was added by section 19(1) of the finance act 2006, together with section 26ab which provides for the adjustment of accounts to give effect to it. it introduced a system known as reverse charge accounting .....
Tag this Judgment!Court : House of Lords
..... floatations", (c) client information - inbound international referred work", (c)[bis] local policy information and (d) claims information", in respect of international referred work only. in section (c) bis, gt italy confirmed that it bought professional insurance locally and that this did not exclude work performed by gt italy on behalf of another grant thornton member firm ..... into a warranty, a breach of that warranty has the effect that the insurance cover never attaches under the contract: cf e.g. thomson v. weems (1884) ix app cas 671. 25. here, however, assuming that there was a breach of the warranty constituted by the basis of contract clause, the question ..... against claims made in respect of international work done by other member firms, who might for this purpose be regarded as persons or entities for whose negligent act, etc, gti is legally responsible". not only is this approach to extension 3 quite inconsistent with insurers primary approach, it also applies the phrase is .....
Tag this Judgment!Court : House of Lords
..... still owe duties towards such a former relevant child', to advise and to provide various forms of assistance, especially with employment, education and training: 1989 act, sections 23c, 24b. 24. thus there is all the difference in the world between the services which an eligible, relevant or former relevant child can expect from ..... welfare does not require it, by maintaining her, providing her with or maintaining her in suitable accommodation, and assisting her with education, training and employment: 1989 act, section 23b and leaving care regulations. once a relevant child reaches 18 (or a child ceases to be looked after at that age), the local authority ..... welfare, ascertain the childs wishes regarding the provision of accommodation and give due consideration to them having regard to her age and understanding: 1989 act, section 20(6). this must relate to the initial decision to accommodate, given that there is also an obligation to ascertain and take account of the wishes .....
Tag this Judgment!Court : House of Lords
..... mr lynch had committed suicide when in police custody, and if so whether those damages should be reduced pursuant to the law reform (contributory negligence) act 1945. 59. section 1(1) of the 1945 act provides that where a person suffers damage as the result partly of his own fault and partly of the fault of any other person the ..... unsuccessful, to be cured of them, but finally succumbed to them. i think, for the reasons i have given, that this is a case to which section 5 of the 1976 act applies and that there must, therefore, be a proportionate reduction in the damages recoverable by mrs corr. but i do not regard the adjective blameworthy as an ..... guilty of fault for contributory negligence purposes so far as his own injuries were concerned. 32. in my opinion, therefore, this is a case to which section 5 of the 1976 act applies and the damages recoverable by mrs corr fall to be reduced accordingly. the percentage reduction is very much a matter of impression, dependent on the view .....
Tag this Judgment!Court : House of Lords
..... board the vessels at liverpool with the intention that ghalanos should be in a position to take delivery of them immediately on their arrival at limassol, under section 32(1) of the act s and n are deemed to have delivered the cider to ghalanos at liverpool. 17. another way of putting the same point would be to say that ..... carrier - unless and until he has paid the price. in that situation it seems to me at least arguable that the prima facie rule in section 32(1) of the sale of goods act would be displaced by the terms of the contract between the parties. so, under the english law of sale, the goods would not have been ..... limassol was written into box (iv), headed place of delivery", on the invoices. i concentrate on the appellants alternative case. 10. so far as relevant, section 61(1) of the sale of goods act 1979 (the act) provides that, in the act, unless the context or subject matter otherwise requires, delivery means voluntary transfer of possession from one person to another .....
Tag this Judgment!Court : House of Lords
..... ukhl18, [2007] 1 wlr 1136, the background to the case is to be found in the provisions of the housing grants, construction and regeneration act 1996. section 108(1) of that act provides that a party to a construction contract has the right to refer a dispute arising under the contract to adjudication under a procedure complying with ..... reliance upon the certificate that is cancelled. clause 24.2.3 is an important indication to the contrary. picking up the word effective in section 111(1) of the 1996 act, it provides: notwithstanding the issue of any further certificate of the architect under clause 24.1 any requirement of the employer which has previously been ..... s certificate of non-completion. the notices which he served, taken together, satisfied all the requirements of an effective notice within the meaning of section 111(1) of the 1996 act. 7. the contractor claims that the employer was nevertheless in default within the meaning of clause 28.2.1. this is because on 23 january .....
Tag this Judgment!