Court : House of Lords
..... state concerned. english law draws a clear distinction between the criminal and the civil standard of proof. the criminal standard requires proof beyond reasonable doubt. section 2(8) of the act provides that the standard of proof required to determine any questions in relation to whether a person has benefited from drug trafficking and the extent of ..... have no role to play since (apart from expenditure on drugs etc) they presuppose that the drug trafficker has made a profit which he has used to finance his lifestyle and to purchase property. the legislation is designed, however, to strip even an unsuccessful drug trafficker of any money or other reward which he ..... and purpose of confiscation proceedings. 68. in making his submission, mr owen relied, however, on a more recent judgment of the strasbourg court in geerings v netherlands (2007) 46 ehrr 1222. in that case, the defendant had been convicted of a number of offences of theft, handling stolen goods and membership of a criminal gang. .....
Tag this Judgment!Court : House of Lords
..... receive the sums payable under the agreement. contracting out of that protection is forbidden by section 173(1). 4. on 18 july 2007 flaux j held that the location agreements were not consumer hire agreements within the meaning of section 15 of the 1974 act: [2007] ewhc 1738 (qb). he decided the other two preliminary issues, as to whether ..... , an unnecessarily cumbersome provision. the definition might well have been expressed differently, had it not been for the precedents set by the hire-purchase acts. section 1(1) of the hire-purchase act 1965, which applied to england and wales, defined the expression hire-purchase agreement as an agreement for the bailment of goods under which the ..... . they too deal in photocopiers, but they do so in a way that differs from the business model used by lanwall. they lease the photocopiers from a finance company. they then install them in shops and sub-post offices under an agreement, which is described as a location agreement, with the retailer. 2. trm .....
Tag this Judgment!Court : House of Lords
..... the decision or suspending the effect of the decision to enable the defect to be corrected. comparable provisions appear in the government of wales act 1998, section 110, and the northern ireland act 1998, section 81. these provisions show that parliament does not perceive non-retroactive rulings by courts as being of their nature inconsistent with the judiciary's ..... operated as one in fact." lord millett did not expand on this point, which may raise difficult questions as to what staughton lj, in welsh development agency v export finance co ltd [1992] bclc 148, 186-7, referred to as "external" and "internal" routes to the construction of commercial documents. this point is discussed in ..... to free them from its shackles. this was in the context of a much more radical departure from the exceptions allowed in the young case. worcester works finance was not cited or referred to in either the house of lords or the court of appeal in davis v johnson. privy council decisions were not discussed in .....
Tag this Judgment!Court : House of Lords
..... been fully discussed. of course there are many cases in which somewhat similar questions have arisen, but generally speaking if injury to another person from the defendants' acts is reasonably foreseeable the chance that injury will result is substantial and it does not matter in which way the duty is stated. in such cases i do ..... lord macmillan ([1943] a.c. 457) agreed that the standard of duty was the reasonable man of ordinary intelligence and experience contemplating the reasonable and probable consequences of his acts. what ought to have been foreseen is the test accepted by lord wright ([19431 a.c. 460), who quoted lord atkin's words in donoghue v. stevenson ([ ..... probability exist of that result ensuing in order to make those responsible for its occurrence guilty of negligence? in the present case the appellants did not do the act themselves, but they are trustees of a field where cricket is played, are in control of it and invite visiting teams to play there. they are, therefore .....
Tag this Judgment!Court : House of Lords
..... other buildings, and persons frequenting the same, and of the superintendents, curators, rangers, parkkeepers and other officers or servants appointed and employed by them. ...." the forty-first section of this statute provides for the publication and posting in the park of these byelaws when made. it was admitted, however, that no byelaws of the kind mentioned were ..... of safety would be duly performed by the municipality or owner; and in allowing his child accordingly to pass into the grounds unattended the parent commits no negligent act. as for the child itself, while it may do things and incur dangers by inquisitively meddling with things it should not touch, it is plain that when ..... v. nurdin (1 q. b. 29). how the right arose was not explained. under their act the defenders could have, but had not, made byelaws for the regulation of the park, so as to affect this case. perhaps the section would not justify under the name of regulation total prohibition of the entrance of infants, even if .....
Tag this Judgment!Court : House of Lords
..... an agreement to grant a lease is certainly an interest in land; it is registrable as an estate contract class c (iv): see land charges act 1925, section 10; land charges act 1972, section 2(4). so here we have the case of an agreement being effectually discharged by frustration notwithstanding that it has created an estate or interest in land ..... distinction between the charter of a ship by demise (see blane steamships ltd. v. minister of transport [1951] 2 k.b. 965; law reform (frustrated contracts) act 1943. section 2(5) (a)) and a demise of land: compare, for example, a short lease of an oil storage tank and a demise charter for the same term of ..... be frustrated. this was sufficiently well established by 1943 to make these charters worthy of an express exception upon an exception in the law reform (frustrated contracts) act 1943 section 2(5), and since then the suez cases have supervened. there would be something anomalous in the light of what has been going on recently in the shatt .....
Tag this Judgment!Court : House of Lords
..... . 449 that there was no contribution between joint tort feasors no one has ever discovered whence the rule came, but it remained the law till abrogated by the law reform act, 1936. but how the rule your lordships have to consider arose is, i think, known, its origin having been explained particularly by viscount maugham l.c. in searle v. wallbank ..... into the street. it is very easy to be wise after the event and argue that she might have done this or that; but it seems to me that she acted just as one would expect her to do, that is to attend to the injured child first, never thinking that the one waiting for her would go off on his .....
Tag this Judgment!Court : House of Lords
..... company limited by guarantee was registered under the name of the harris tweed association limited, which obtained a trade mark (referred to as the " stamp ") under section 62 of the trade marks act, 1905, to apply to harris tweed which satisfied these conditions. after a time, the hand-spinning of wool into yarn ceased to be commercially practicable and in ..... significant sentence " this action will complete our deal with the employers and we will have 100 per cent, membership, not only in the mills but also in the weaving section." my own view is in accord with that of the lord ordinary (with which at least one member of the inner house, lord wark, was disposed to agree) that ..... of the combination. i need add merely a few words on the objection that the embargo was the act of the dockers for the benefit, not of themselves, but of the textile workers. it is enough to say that both sections were members of the union, and there was in my opinion a sufficient community of interest even if .....
Tag this Judgment!Court : House of Lords
..... into the unfenced basement in the dark would be a consequence of that negligence. but it is said the plaintiff knew of the danger. before the contributory negligence act, 1945, a plaintiff guilty of contributory negligence could not recover, although the damage was in part due to the negligence of the defendant. the plaintiff's knowledge ..... has come to have very different meanings for different people. if this test leads to the same answer as the question whether in all the circumstances the visitor acted reasonably, well and good. but if not. i think that, in cases like thepresent, reasonableness is the better test and is more in accordance with principle. ..... so obvious that the plaintiff could not with common prudence make the attempt. coleridge, j. said: the question is, not only whether the defendants did an improper act, but also whether the injury to the plaintiff may legally be deemed the consequence of it ... the plaintiff was not bound to abstain from pursuing his livelihood because .....
Tag this Judgment!Court : House of Lords
..... -heywood my lords, 44. a debtor's written acknowledgment of his debt or other liquidated pecuniary claim starts time running afresh under the limitation act 1980 (the 1980 act). such is the effect of sections 29 (5) and 30. in what circumstances, however, can an acknowledgment be rendered inadmissible in evidence pursuant to the without prejudice rule? ..... a view to discussing settlement and the notion that any reference to the consequences of failure should be admissible as a threat of litigation contrary to section 70 of the patents act 1977 was absurd. but, as i pointed out in muller's case, the thread which runs through most of the alleged exceptions to the ..... rule, noting that this is the first occasion upon which the house has had to consider the interrelationship between this rule and the operation of section 29(5) of the 1980 act. 62. the principles upon which the without prejudice rule operates are well-established and conveniently found summarised in lord griffiths' speech in rush and .....
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