Court : House of Lords
..... reputation (or to that of any of its senior officials in the banking supervision division) might impair its ability to supervise effectively." 81. under section 1(4) of the banking act 1987 the bank was immune against ordinary civil liability for failure to perform its duty to supervise deposit takers, but if bad faith were established ..... if a solicitor becomes the client's "man of business", and some solicitors do, responsible for advising the client on all matters of business, including investment policy, finance policy and other business matters, the advice may lack a relevant legal context. there is, in my opinion, no way of avoiding difficulty in deciding in marginal ..... and bcci itself (by its liquidators) commenced an action against the bank for the loss they had respectively been caused by the bcci collapse. section 1(4) of the banking act 1987 relieves the bank of any liability "for anything done or omitted in the discharge or purported discharge of the functions of the bank under .....
Tag this Judgment!Court : House of Lords
..... the democratically elected northern ireland assembly which now has responsibility for reforming the law on this subject, as the law of adoption is within its legislative competence: northern ireland act 1998, section 6(1). 42. the reform did not have an easy passage in england and wales. in 1993 it was stated on behalf of, among others, the welsh ..... if it decides to do so, it will be outside its competence to legislate in a way that is incompatible with any of the convention rights: northern ireland act 1998, section 6(2)(c). then there are the courts. they have a vital part to play in this process. in the changed landscape that devolution has created, parliament has ..... the possibility is by no means remote. it is not at all unknown for the advent of children and family responsibilities, which bring such a radical change to the finances and everyday lives of the couple, to lead to a breakdown in their relationship. if the relationship does break down, the parent who is the primary carer of .....
Tag this Judgment!Court : House of Lords
..... on behalf of the plaintiff that the fact that easipower limited were heavily indebted to the defendants and that the defendants might benefit from the advertising campaign financed by the plaintiffs, were facts from which a special duty to exercise care might be inferred. in my judgment, however, these facts, though clearly relevant ..... allege they have suffered through the negligence of the respondents, who are merchant bankers. the negligence attributed to the respondents consists of their failure to act with reasonable skill and care in giving references as to the credit-worthiness of a company called easipower limited which went into liquidation after the references ..... cell divides. lord thankerton and lord macmillan approached the problem fundamentally in the same way, though they left any general conception on which they were acting to be implied. they enquired directlylord thankerton at page 603 and lord macmillan at pages 619 and 620,whether the relationship between the plaintiff and .....
Tag this Judgment!Court : House of Lords
..... ) 5 tr 683 related to the negotiability and transferability of an order bill. this was the custom referred to in the preamble to the 1855 act. but under section 1 of that act the rights and liabilities passed not only to endorsees but also to "every consignee of goods named in a bill of lading .. to whom ..... but successively to others. 38. in modern commercial usage the bill of lading is one of the pillars of international trade, providing the credit necessary for the financing of mercantile trade. the principal characteristics of the modern bill of lading are threefold. it operates as: (a) a receipt by the carrier acknowledging the shipment ..... the property in the goods to macwilliams, the relevant rights and liabilities of coniston international, as shippers, will also have been transferred to them under section 1 of the 1855 act. 70. on the assumption that the rights and liabilities of the shippers under the contract of carriage have indeed been transferred to macwilliams as consignees .....
Tag this Judgment!Court : House of Lords
..... extent that it is inconsistent with the status of the territory as a british overseas territory or otherwise as provided by the colonial laws validity act 1865. section 15 therefore provides the measure of the legislative powers available to her majesty when making the immigration order but, when enacting the constitution order itself ..... there is, of course, no representative legislature: apart from her majesty in council, the only person who can legislate for the territory is the commissioner, acting under section 10 of the constitution order. 82. in campbell v hall lord mansfield described the kings power of legislation in the case of a ceded colony ..... there was no representation that the outer islands would be resettled irrespective of the findings of the feasibility study, or that her majestys government would finance resettlement, and it was implicitly acknowledged that observance of its treaty obligations might in future oblige the government to close the outer islands. but there .....
Tag this Judgment!Court : House of Lords
..... applies, i think, to the case of a stockbroker who buys stock for a client. and the cases of jones v. peppercorne, and in re london and globe finance corporation, establish that in england as part of the law merchant, which apparently must be judicially noticed (brandao v. barnett ), bankers and brokers have a general lien on ..... division should be reversed and that of the lord ordinary restored. lord shaw of dunfermline. the appellants are stockbrokers in edinburgh, and in august and september 1909, they acted as such for the respondent, their client. in the middle of august they purchased for him 100 shares of the globe and phnix gold mining company. on ..... to sell is alleged to have been entered into, stated could not be done. in my opinion there is no proof whatever, of a character to be safely acted upon, that the appellants ever entered into this absolute contract to sell these shares. the respondent's repudiation of his contract to purchase these 200 shares was consequently .....
Tag this Judgment!Court : House of Lords
..... to refer collectively as "the appellants". domestic immigration legislation 5. the domestic statute generally governing the administration of immigration control is the immigration act 1971. under sections 1 and 2 of this act, british and some commonwealth citizens are in the ordinary way free to come and go from the uk without let or hindrance. others are ..... . 329. until an asylum application has been determined by the secretary of state or the secretary of state has issued a certificate under section 11 or section 12 of the immigration and asylum act 1999, no action will be taken to require the departure of the asylum applicant or his dependants from the united kingdom. 330. if ..... that she was a journalist interested in the rights of the roma people. all three of these people were to some extent acting a part, in that their trips had been provoked and financed by the errc, but they were genuinely intending to pay a short visit to a friend or relatives living here. czech television .....
Tag this Judgment!Court : House of Lords
..... their right to have it resolved by the courts. those on one side have decided to spend their own money on doing so; the legal aid board has financed the other side. as a judge, i would not describe the resulting situation as sad or unfortunate: after all, courts exist and judges are paid to resolve such ..... effect of excluding the servient proprietor, at least partially, from pasturing his own animals on those areas. pasturage is, in itself, a well-recognised servitude: ferguson v tennant, 1978 sc (hl) 19, 65-66, per lord fraser of tullybelton. having analysed the authorities, the lord ordinary, lord grieve, said at p 25 that the number of ..... v chalmers property investment co ltd lord kissen cited with approval the passage from rankine on landownership (p 417) where the learned author states: 'the presumption [for freedom] acts in three ways: first, by demanding certain known modes of constitution; next, after proof of the existence of some right of servitude, by presuming in favour of that .....
Tag this Judgment!Court : House of Lords
..... understanding was that peters assurance related to whatever the farm consisted of at peters death (as it would have done, barring any restrictive language, under section 24 of the wills act 1837, had peter made a specific devise of steart farm). this fits in with the retrospective aspect of proprietary estoppel noted in walton v walton. 63. the ..... cobbe [2008] 1 wlr 1752 was directed to the unusual facts of that case is supported by the discussion at para 29 relating to section 2 of the law of property (miscellaneous provisions) act 1989. section 2 may have presented mr cobbe with a problem, as he was seeking to invoke an estoppel to protect a right which was, in ..... encouragement from peter and what david did for him and on his farm. he went on (in para 132, which contained a review of the expert evidence on farm finance and management) to reject the submission that david had actually done less than he was asserting at trial. detrimental reliance is no longer at issue in the appeal. 48. .....
Tag this Judgment!Court : House of Lords
..... in possession of such interest, see the birkenhead company v. pilcher (1850) 5 ex. at p. 125; and shares are now, by statute, personal estate, see section 73 of the companies act, 1948. so also with any other right which is by its nature assignable, such as a bill of exchange or a rights issue of shares. it is in ..... the shares, and immediately selling them. it is true that that involves an extra step, but why should that matter? i can see no difficulty unless it be in financing the transaction. but if the whole operation will yield a substantial profit i would not assume that that would be difficult. the second fallacy appears to toe a variant on ..... , perquisites or profits whatsoever therefrom for the year of assessment! after deducting the amount of duties or other sums payable or chargeable on the same by virtue of any act of parliament, where the same have been really and bona fide paid and borne by the party to be charged. the parties agree that the appellant received something which .....
Tag this Judgment!