Court : House of Lords
..... some attention to what that case was about and to what viscount radcliffes remarks were directed. 14. the case was about succession duty. section 4 of queenslands succession and probate duties acts, 1892 to 1955, imposed succession duty on every devolution by law of any beneficial interest in propertyupon the death of any personto ..... nature and no process of statutory construction could, in my opinion, produce that exception. 22. the 1996 order was made under the statutory authority of the northern ireland act 1974. it has not been suggested that the articles to which i have referred, articles 3, 5, 8 and 21, are not valid and enforceable provisions of secondary ..... expected to have to delve into the intricacies of bankruptcy law in order to decide which causes of action do and which do not constitute property for 1996 act purposes. in my opinion, the personal chose in action objection to the certificate relating to the 2,500 should be rejected. so, also, should any suggestion that .....
Tag this Judgment!Court : House of Lords
..... the ordinary meaning in the context of this statute. judge cowell derived assistance from a comparison with the use of the word premises in chapter i of the act, in particular section 3, but all members of the court of appeal agreed, for what i consider convincing reasons, that he was wrong to do so. nor do i think that ..... luckworth also holds a 999 year lease of flat 74, boydell court, the flat immediately below flat 77. the appellant gave notice to the respondent under section 42 of the 1993 act claiming to exercise his right to acquire a new lease in september 2003 (the respondent is the correct recipient of the notice because luckworth does not have a ..... development extends to the whole or a substantial part of the premises in which the flat is contained, this requirement for the making of an order under section 47(1) of the act will be satisfied. but the extent of the intended development is not determinative of the extent of any premises in which the flat is contained". the .....
Tag this Judgment!Court : House of Lords
..... decision to require member states to change their sentencing practices. the principle of mutual recognition indicates the contrary. 32. how then can the wording of the relevant sections of the 2003 act be reconciled with the framework decision? in criminal proceedings against pupino (case c-105/03) [2006] qb 83, 91, para 26, mrs advocate general kokott ..... any of the offences of which the appellant was convicted, taken on their own, were for a period of at least four months. 15. the relevant sections of the 2003 act must be read together with the modifications specified in the schedule to the multiple offences order 2003. only two of them need to be mentioned in this ..... 35. for these reasons i would hold that the district judge was entitled to find that the european arrest warrants satisfied the requirements of section 2(2)(b) of the 2003 act and were accordingly part 1 warrants, that effect had to be given to the extradition procedure and that the offences constituted by the appellants .....
Tag this Judgment!Court : House of Lords
..... at a low rent, and occupying it as his residence, for the last 5 years or for periods amounting to 5 years in the last 10 years 7. section 2 of the 1967 act defined house and house and premises"; subsection (1) is the only provision of relevance for present purposes, and it was in these terms: 'house includes any ..... suggests that the literal meaning of the words is not as surprising as it may first appear, particularly bearing in mind the existence of the residence requirement in section 1(1) of the original act. it is unnecessary to decide this point, and, particularly as it was only touched on in argument, i do not think we ought to do so. ..... a property at 21 upper grosvenor street, london w1 is a house within the meaning of section 2 (1) of the leasehold reform act 1967 as amended. 6. section 1(1) of the 1967 act, as originally enacted, provided as follows: [part i] of this act shall have effect confer on a tenant of a leasehold house, occupying the house as his residence, .....
Tag this Judgment!Court : House of Lords
..... on the national lottery. the claimant started proceedings for damages on 22 december 2004 but master eyre, applying stubbings, struck out the action as barred under section 2 of the 1980 act. this decision was affirmed by the judge and the court of appeal [2006] 1 wlr 2320. i would allow the claimants appeal and remit ..... the judge found that the appellant had been subjected to sexual abuse, that the council was vicariously liable and that if the action had come within section 11 of the 1980 act, he would have exercised his discretion to allow it to proceed and awarded 60,000 general damages, 10,000 in respect of past loss of earnings ..... to decide the highly artificial question of whether knowledge which the claimant has in some sense suppressed counts as knowledge for the purposes of the act. furthermore, dealing with the matter under section 14(2) means that the epistemological question determines whether the claimant is entitled to sue as of right, without regard at any injustice which .....
Tag this Judgment!Court : House of Lords
..... accordingly not a consideration which he was under a legal obligation to take into account. 47. kerr lcj went on to hold that no violation of section 76 of the northern ireland act 1998 had been established and that the appointments process adhered to the ocpa guidelines. on the issue of conflict of interest, he held that the ..... that he did not regard mr burrows as being debarred from consideration for re-appointment. he did not rule on the appellants submissions made under section 76 of the northern ireland act 1998 or the relevance of or adherence to the ocpa guidelines. 46. in the court of appeal kerr lcj, with whom campbell lj agreed, held ..... accordingly unlawful. 29. having reached this conclusion i think it unnecessary to review additional arguments advanced on behalf of mr duffy, including an argument based on section 76 of the northern ireland act 1998. 30. no purpose is served by making any order in relation to mr mackay. for the reasons i have given, and in agreement with my .....
Tag this Judgment!Court : House of Lords
..... ) on the claimants undertaking to serve the proceedings; (iii) proceedings are definitively pending once the claimant delivers the required documents to the foreign process section for service; (iv) in a case involving multiple defendants, service on any of them (as here service on the english defendants on 7 january 2005) ..... in a purely domestic context is surely clear beyond argument, and this notwithstanding that the exercise of the power would operate to defeat a prospective limitation act defence. is it, however, appropriate to make an order which has the effect of altering the priority of the seisin of proceedings under an international ..... convention on jurisdiction and the enforcement of judgments in civil and commercial matters 1988 (the lugano convention) scheduled to the civil jurisdiction and judgments act 1982 (the 1982 act). article 21 provides: where proceedings involving the same cause of action and between the same parties are brought in the courts of different .....
Tag this Judgment!Court : House of Lords
..... which the commissioners took, at that time, as to the scope of regulation 29. the marks and spencer litigation 38. the amendment made by section 47 of the finance act 1997 was challenged by marks and spencer in very complex litigation commenced by two separate notices of appeal against the refusal of repayment claims, one ..... different process from its interpretation so as to conform with eu law. only in the most formal sense (because of the terms of section 2(4) of the european communities act 1972) can disapplication be described as a process of construction. in these two appeals it is common ground, at least in your lordships ..... gestingthorpe my lords, disapplication of national legislation 24. it is a fundamental principle of the law of the european union (eu), recognised in section 2(1) of the european communities act 1972, that if national legislation infringes directly enforceable community rights, the national court is obliged to disapply the offending provision. the provision is .....
Tag this Judgment!Court : House of Lords
..... which the events constituting the tort or delict occurred. that country in this case is iraq, and therefore iraqi law would ordinarily apply. 42. section 12 of the 1995 act provides that the general rule may be displaced if, on comparison of the factors connecting a tort or delict with the country where it occurred with ..... civil presence as unmik. 19. the applicants claims in strasbourg were not the same. the behramis complained of death and injury caused to two children by the explosion of an undetonated cluster bomb unit, previously dropped by nato. they blamed kfor for failing to clear these dangerous mines. mr saramati complained of his extra-judicial ..... his internment is necessary for imperative reasons of security in iraq. he was suspected of being a member of a terrorist group involved in weapons smuggling and explosive attacks in iraq. he was believed by the british authorities to have been personally responsible for recruiting terrorists outside iraq with a view to the commission of .....
Tag this Judgment!Court : House of Lords
..... between the parties; not only will the welfare of the child be the paramount consideration, but the checklist of factors relevant to that consideration, set out in section 1(3) of the children act 1989, will have to be fully considered. in the words of mr scott-manderson qc, appearing for the father, it operates as a fetter on the ..... of human rights and fundamental freedoms. unlike all the other articles quoted above, article 20 did not become part of united kingdom law by virtue of section 1(2) and schedule 1 to the 1985 act. but in re d (abduction: rights of custody) [2006] ukhl 51; [2007] 1 ac 619, para 65, this house pointed out that, under ..... from the claimant parent. in new zealand, the convention has been given effect, not by scheduling the relevant articles to an implementing act, but by translating its provisions into domestic legislation. the care of children act 2004, in section 106(1), provides that the court may refuse to make an order for the return of the child in each of .....
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