Court : House of Lords
..... 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 ..... the hearing of the appeal was that it would be desirable, if reasonably possible, to interpret the definition of "town or village green" in section 22 of the commons registration act 1965 ("section 22") in a manner that would confine its application in the case of village greens to areas which were, more recognisably, the kinds of .....
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
..... 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 ..... 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 ..... of the potential for the development of contractual remedies for employees against their employers by matthew boyle, "contractual remedies of employees at common law: exploring the boundaries" [2007] jr 145. but, for the reasons lord scott gives, it would not be appropriate to attempt such a difficult and uncertain exercise in these cases. 60. for .....
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 .....
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
..... necessary, censoring or blocking correspondence. the secretary of state's authority for taking these measures is to be found in the prison rules made under section 47(1) of the prison act 1952. obviously, the rights of prisoners to communicate with the courts and to consult their legal advisers in confidence are particularly important. devising a ..... who, as graduates, were members of the general council of their university, sought a declarator that they were entitled to vote under section 27 of the representation of the people (scotland) act 1868. the section provided that "every person" whose name was on the register of the general council, if of full age "and not subject to ..... was inclined to concede, even though the point was not fully argued - that someone in the respondent's position could now bring proceedings under section 8 of the human rights act for damages for breach of certain of the guarantees in articles 6 and 8 of the convention. but, if so, in considering whether to award .....
Tag this Judgment!Court : House of Lords
..... to make a definite charge against a person who has been arrested without a warrant has been impliedly affirmed by the legislature. sec. 22 of the criminal justice administration act, 1914, which replaced sec. 38 of the summary jurisdiction act, 1879, provides that on a person being taken into custody for an offence without a warrant, a superintendent .... may in ..... time of his arrest, and during the period described in the order of the court of appeal as the first imprisonment, was a charge under sec. 507 (1) of the liverpool corporation act. it is beyond doubt that the appellants had no right to arrest the respondent without a warrant on that charge. there is, i think, ..... instituted by the issue of a summons, it is clear law that the warrant or summons must specify the offence. this rule is now embodied in section 32 of the criminal justice act, 1925, but it is a principle involved in our ancient jurisprudence. moreover, the warrant must be founded on information in writing and on oath and, .....
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