Court : House of Lords
..... . there remains the question of the payment for mr stack's alternative accommodation. this matter is governed by the trusts of land and appointment of trustees act 1996. section 12(1) gives a beneficiary who is beneficially entitled to an interest in land the right to occupy the land if the purpose of the trust is ..... founded his conclusion on the length and nature of their relationship, which he repeatedly referred to as a partnership, despite the fact that they had maintained separate finances throughout their time together. with the best will in the world, and acknowledging the problems of making more precise findings on many issues after this length of ..... residence, while remaining sceptical of the value of alleged improvements that are really insignificant, or elaborate arguments (suggestive of creative accounting) as to how the family finances were arranged. 35. that is in my view the way in which the law can be seen developing through a considerable number of decisions of the court of .....
Tag this Judgment!Court : House of Lords
..... a cause of action for interference with contractual relations. he referred to lord macnaghten's dictum in quinn v leathem [1901] ac 495 and greig v insole [1978] 1 wlr 302. it was true that the receivers had not interfered with performance of the contracts, still less caused them to be breached. they had ..... agreement. the court of appeal rejected this defence but the case has nothing to do with the requirements of knowledge and intention. in greig v insole [1978] 1 wlr 302 the international cricket conference knew that the cricketers were contracted to play for mr kerry packer's company but put pressure upon them to withdraw ..... act 1986. this provision protects administrative receivers and liquidators, in the absence of negligence, from liability if they seize or dispose of property which is not the property of the company. 'property' includes things in action: section 436. in welsh development agency v export finance co ltd [1992] bclc 148 the court of appeal held that 'property' in section .....
Tag this Judgment!Court : House of Lords
..... compliance with the ups terms and that otherwise ups would not have carried them)." 22. the first issue is ultimately a short one. under section 1 of the carriage of goods by road act 1965, the provisions of cmr have the force of law "so far as they relate to the rights and liabilities of persons concerned in ..... of other shippers for transport and that ups may not monitor the inbound and outbound movement of individual shipments at all handling centres. 3 conditions of carriage this section sets out various restrictions and conditions which limit and govern the extent of the service ups offers. it also explains what the consequences are of the shipper presenting ..... packages exceeded the limit of value set out in clause 3(a)(ii) of the conditions. 5. clause 3 of the conditions begins with these words: "this section sets out various restrictions and conditions which limit and govern the extent of the service ups offers. it also explains what the consequences are of the shipper presenting .....
Tag this Judgment!Court : House of Lords
..... that the reference in section 788(1)(b), and therefore in section 788(3)(a), of the ..... excluded from the "subset" would be act. 48. mr aaronson sought to meet that point by relying on the legislative history of section 788 of the 1988 act, namely section 347(1) of the income tax act 1952, sections 39(1) and 64(1) of the finance act 1965, section 497(1) of the income and corporation taxes act 1970, and section 100(1) of the finance act 1972. in effect, he said .....
Tag this Judgment!Court : House of Lords
..... the way has been "actually enjoyed by the public as of right and without interruption for a full period of 20 years." the language was plainly borrowed from section 2 of the prescription act 1832 but the meaning of "as of right" must be interpreted in the context of dedication, not prescription. if the first question can be given the answer ..... instead, it ran from when the right to the way was "brought into question", without any grace period. that suggests that the draftsman, with the example of section 4 of the 1832 act before him, thought that if he ran the period back from the date when the right was brought into question, no grace period would be needed. 12. that ..... , notice in writing to the county and borough or rural district council that the way is not dedicated to the public will be sufficient. by section 1(4) (now section 31(6) of the 1980 act) a landowner may deposit with the county council and the borough, urban district or rural district councils a map of his land and a statement .....
Tag this Judgment!Court : House of Lords
..... ireland may only be brought with the leave of the court of appeal or of the house of lords: administration of justice (appeals) act 1934, section 1(1); judicature (northern ireland) act 1978, section 42. it has been suggested that the privilege should be discontinued when the jurisdiction of the house of lords is transferred to the new ..... supreme court. but the effect of section 40(3) of the constitutional reform act 2005 is that it will continue in the case of that court ..... was] barely trading other than attempting to realise the assets [it] had." 8. the position therefore was that the practice of providing associated companies with finance or services through a hub or flagship company ceased in 1993 when the companies which had previously filled that role went into a state of suspended animation. mr .....
Tag this Judgment!Court : House of Lords
..... be obtained in the first instance, is obtained at last." 44. another possibility, even more considerate to a claimant, is exemplified by the limitation acts. section 2 of the limitation act 1980, adopting the wording of earlier statutes, states quite clearly that "an action founded on tort shall not be brought after the expiration of six ..... health and social security in 1976 and the second ("review of the mental health act 1959") published by that department, the home office, the welsh office and the lord chancellor's department in 1978 (cmnd 7320). both those reviews considered the effect of section 141(1) and (2) in its pre-1982 form, as did a ..... the government published a white paper, review of the mental health act 1959, cmnd 7320, in 1978. both contain chapters on safeguards for staff. the white paper sums up the competing concerns thus, at para 7.2: "the consultative document discussed various criticisms of the section, notably that it is an unwarranted restriction on access to the .....
Tag this Judgment!Court : House of Lords
..... the inland revenue flow from the open-ended character of the extended limitation period prescribed by section 32(1)(c) of the limitation act 1980. parliament has now recognised this extended period should not apply to payments of tax made by mistake: see section 320 of the finance act 2004. the judge's order 126. the effect of the judge's order as clarified in ..... a distinguished law revision committee, chaired by lord hanworth mr (cmd 4546). the act expanded the circumstances in which interest might be awarded, to provide for the discretionary award of simple interest on any debt or damages for which judgment was given by a court. in june 1978 the law commission issued a report on interest (law com no 88; cmnd. 7229 .....
Tag this Judgment!Court : House of Lords
..... of "settlement" ("includes any disposition, trust, covenant, agreement, arrangement or transfer of assets") appeared for the first time in subsection (9)(b) of section 21 of the finance act 1936 (provisions as to income settled on children), which was capable of applying to covenanted payments as well as to the income of settled property. covenants ..... classic settlement can produce a sort of blurred double vision. in chamberlain v irc (1943) 25 tc 3 , for instance, the court (in applying section 38(2) of the finance act 1938) had to identify "the property comprised in the settlement" and to decide whether that settlement ("or any provision thereof") was revocable, and unsurprisingly ..... s tax affairs (even if she had written to the revenue) was only changed in 1978 (see the taxation of husband and wife, 1980, cmnd.8093, para25). 63. the final stage, reached when the relevant provisions of the finance act 1988 came into force in 1990, was to abolish the aggregation rule altogether and treat .....
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 .....
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