Court : House of Lords
..... into some undefined family connection." hence a shared residence order was made defining the time which the children would spend in each household (as provided for in section 11(4) of the children act 1989). the order requiring cg to continue to live in leicester (which she had not appealed) was expressly affirmed. (cg later described the court of ..... at the expense of the overall picture of what would be best for these children. although she twice referred to the "checklist" of relevant factors in section 1(3) of the 1989 act, had she gone through the evidence relating to each of those factors systematically, giving proper weight to the children's relationship with their mother, she ..... reducing the risk that punishing the parent will also punish the child. 42. however, at least as long ago as v-p v v-p (access to child) (1978) 1 flr 336, it was realised that a more potent encouragement to comply with court orders may be to contemplate changing the child's living arrangements. ormrod lj put .....
Tag this Judgment!Court : House of Lords
..... village green and non-registration was conclusive evidence that it was not. 20. in its definition of a "town or village green" for the purposes of the act, section 22 departed from the recommendation of the royal commission. the conclusive presumption arising from upwards of 20 years use was not confined to rural parishes or land surrounded ..... was sympathetic and introduced a suitable amendment which was adopted at the report stage (hansard (hl debates) 16 november 2000, col 513). this became section 98 of the 2000 act, which amended section 22 by substituting a new third limb of the definition (class c): "(1a) land falls within this subsection if it is land on which for ..... ii), depart from the practice endorsed and recommended by lord diplock in gouriet [1978] ac 435, 501. 109. issue (iii). paragraph (iii) seeks a ruling as to the meaning to be attributed to the words "continue to do so" in section 22 of the 1965 act, as amended. this issue is addressed by lord hoffmann in paragraph 44 of .....
Tag this Judgment!Court : House of Lords
..... stop deadline from the date on which the cause of action accrued. crucially, there would have been no equivalent to the discretion currently given by section 33 of the 1980 act to disapply the limitation period altogether in personal injury cases. the complexities and fine distinctions involved in applying the two different provisions, referred to ..... of knowledge 21. we are therefore concerned with the limitation period for a claim for personal injury and principally with the date of knowledge as defined in section 14 of the 1980 act: "(1) references to a person's date of knowledge are references to the date on which he first had knowledge of the following facts ..... took. the council would be in very considerable difficulties in defending the claim. 4. the council has pleaded that the claim was statute-barred under section 11 of the limitation act 1980 which provides a special three year time limit for actions which claim damages for personal injury. (the normal time for actions in tort is .....
Tag this Judgment!Court : House of Lords
..... done, and that the provisions for a greater or a less exercise of the power of taking lands are not kept separate. the same series of sections enables the crown to take lands under the act in peace or in war, in absolute ownership and in perpetuity or for temporary occupation only, but there is no difficulty in severing these provisions. ..... question is, should regulation 2 be regarded as having been made in exercise of the powers given by the first or by the second sub-section of s. 1 of the defence of the realm consolidation act? in other words, is it to be regarded as an exercise of a power to requisition under regulations issued for the purpose, or as ..... purpose of securing the public safety of the defence of the realm," but that is the purpose mentioned in s. 16 of the defence act, 1842, and the words may only be a reference to that section. furthermore, the regulation deals with many matters beside the acquisition of land and buildings, and these would in any case require a substantive .....
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
..... mr mcnulty sought to argue that the jury, as a separate entity, fell to be regarded as a "public authority" for the purposes of section 6(3) of the human rights act 1998. it is, however, for the court, comprising both the judge and jury, that the united kingdom government is responsible in international law before ..... police practices. 63. the stage which the long process of development of english criminal law governing confessions has reached is the statutory provision contained in section 76(2) of the police and criminal evidence act 1984 ("pace"), which is mirrored in the police and criminal evidence (northern ireland) order 1989, art 74(2) (si 1989/1342 (ni ..... that he had made the statements in the interview. mr mcnulty nevertheless made an application to exclude the evidence of those statements under section 76(2) of the police and criminal evidence act 1984 ("pace"): "if, in any proceedings where the prosecution proposes to give in evidence a confession made by an accused person, it .....
Tag this Judgment!Court : House of Lords
..... no breach by the company, by itself or any servant or agent, of the metalliferous mines regulations (s.r. and o. 1938 no. 630) made under section 86 of the coal mines act, 1911. the company carried out its obligations under regulation 7 (3) to the letter, if the first line and a half of that regulation be read with ..... regulations 1938 (s.r. and o. 1938 no. 630 as amended by s.r. and o. 1945 no. 1351) made under section 86 of the coal mines act and applied to metalliferous mines by the mining industry act, 1920. certain others of the regulations were relied upon as having some bearing on the point at issue and are accordingly inserted here ..... liability. this is a doctrine affirmed by your lordships' house: and not, in my view, displaced by the law reform (contributory negligence) act, 1945. on the contrary, the words "as the result of" in section 1 of that statute impliedly preserve the doctrine: the assertion of which your lordships have more than once coupled with an admonition that if the .....
Tag this Judgment!Court : House of Lords
..... exemption from income tax on its investment income on the ground that it is a body of trustees established for charitable purposes only within the meaning of section 37 of the income tax act, 1918. the trust purposes are to be found in resolutions passed by a general meeting of the society held on 31st july, 1897 and by ..... be dismissed with costs. lord wright my lords, the issue in this case is whether the appellant society is entitled to exemption from income tax under section 37 of the income tax act, 1918, on the ground that it is a body established for charitable purposes only. the year of charge is the year ending the 5th april, 1943 ..... is whether the national anti-vivisection society, which i will call the society, is a body of persons established for charitable purposes only within the meaning of section 37 of the income tax act, 1918, and accordingly entitled to exemption from income tax upon the income of its investments. the commissioners for the special purposes of the income tax .....
Tag this Judgment!Court : House of Lords
..... , my speculation as to whether contractual damages claims by the appellants might have been viable can be taken no further. i would, however, observe that sections 11 and 14 of the limitation act 1980, which apply to negligence actions for damages for personal injuries, not only apply to actions based on breach of a tortious duty of care but ..... by the wrongful exposure to asbestos which is more than negligible. even when the risk is discounted for the purpose of an award of provisional damages under section 32a of the supreme court act 1981, an award can, it is submitted, be given for an amount that is more than negligible for the anxiety when it is added to ..... have a cause of action in the first place. 15. the rule was modified for personal injury actions by section 32a of the supreme court act 1981, inserted by section 6(1) of the administration of justice act 1982: "32a. (1) this section applies to an action for damages for personal injuries in which there is proved or admitted to be a .....
Tag this Judgment!Court : House of Lords
..... allegation of fear of personal physical injury and even in that case the allegation was only held to be relevant if it appeared that the fright resulting from the negligent act might reasonably arise in a mind of average intelligence and strength, i.e., it must not be unreasoned and unreasonable. gilligan v. robb [1910], s.c. 856, ..... , 1935, 1 k.b. 146, where the plaintiff, a police constable, was injured in stopping runaway horses, in a crowded street, in which were many children. his act was due to his mental reaction, whether instinctive or deliberate, to the spectacle of others' peril. the court of appeal approved the language used by the trial judge, finlay j ..... (at p. 618). in my opinion such a duty only arises towards those individuals of whom it may be reasonably anticipated that they will be affected by the act which constitutes the alleged breach. can it be said that john young could reasonably have anticipated that a person, situated as was the pursuer, would be affected by his .....
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