Court : House of Lords
..... owed to a licenseemore again to an invitee. the owner of the property is under a duty not to injure the trespasser wilfully; not to do a wilful act in reckless disregard of ordinary humanity towards him; but otherwise a man trespasses at his own risk. on this point scotch law is the same. in english and scotch law ..... . other illustrations of what he may not do might be found, but they all come under the same headinjury either directly malicious or an acting so reckless as to be tantamount to malicious acting. i concur in the motion made. lord shaw of dunfermline (read by lord blanesburgh).the facts of the case have been stated by your lordships ..... is in such a case liable only where the injury is due to some wilful act involving something more than the absence of reasonable care. there must be some act done with the deliberate intention of doing harm to the trespasser, or at least some act done with reckless disregard of the presence of the trespasser. it was suggested in argument .....
Tag this Judgment!Court : House of Lords
..... was argued, whether the restriction imposed is in sufficiently definite terms to be enforced against a singular successor. having come to the conclusion that the respondent is not acting in contravention of the restriction imposed upon his author, mr wakefield, in the disposition of 1864 it is not necessary to go further; but i would endorse the ..... the face of the title itself. these words are still law, except as modified by the statutory provisions as to reference which were eventually codified in the 1868 act. i therefore agree with lord guthrie in thinking, without hesitation, that this prohibition as it appears in the sasine is not sufficiently precise to admit of its being ..... to find out the date when it was created. now that is just importing a burden by reference, which (apart from the precise statutory provisions of the 1868 act, which, so far as the date 1864 is concerned, are admittedly not followed here) is not allowable. as lord brougham said in remitting the tailors of aberdeen .....
Tag this Judgment!Court : House of Lords
..... . i am distinctly of opinion that that is still sound law, and is still the rule with regard to the attestation of deeds in scotland. by section 38 of the act of 1874 the objections as to the writer or printer not being named or designed and the number of pages not being specified disappear altogether. these things ..... dr walker signed the document as a witness. the solicitors appended designations to miss hayward's and dr walker's signatures. the respondents presented a petition under section 39 of the conveyancing act, 1874, to have it declared that the deed was subscribed by the granter, mrs walker, and by the said mabel hayward and john william thomson walker ..... of someone else's signature. lord dunedin(in his lordship's absence his opinion was read by earl loreburn).this is a petition presented in terms of section 39 of the conveyancing act of 1874, which prays the court to declare that a certain testamentary writing was duly subscribed by mrs walker, as maker thereof, and by mabel .....
Tag this Judgment!Court : House of Lords
..... ordinary charter or disposition have inserted it in the tenendas clause. it may be observed in passing that, under section 40 of the act, provision is made for the case of the company being unable to get a conveyance of any lands to be ..... exceptional procedure. probably it would also be natural for a purchaser to look at the act to ascertain whether it conferred any powers of sale on the harbour company. section 24, already referred to, would then be found to empower the committee of management on ..... to the scheduled land may be a question which it is not necessary to decide. the statute was passed before the clauses acts of 1845, and exhibits the imperfections of the embryonic legislation relating to public utilities which preceded the later codification. while, therefore, ..... contains no precept of sasine. it is only by virtue of the provisions of section 39 of the largs harbour act that the feu-disposition confers any real right to land at all. but for the special authorisation contained in .....
Tag this Judgment!Court : House of Lords
..... in any event this stands without contradictionthat the interest of demetriades, not a british subject, was a beneficial interest under contract; and, accordingly, under the 9th section of the act of 1894, in any event, whether borthwick was entered as owner or not, the interest of demetriades should have been made the subject of declaration accompanying the ..... deemed to be a british ship unless owned wholly by persons of the description therein specified, a description which does not include an alien. by section 9 of the same act it is provided that a person shall not be entitled to be registered as owner of a ship or of a share therein until he has ..... the defence founded on concealment and misrepresentation, and i have come without hesitation to the conclusion that those defences are well founded. it is provided by section 17 of the marine insurance act, 1906, that a contract of marine insurance is a contract based upon the utmost good faith, and, if the utmost good faith be not .....
Tag this Judgment!Court : House of Lords
..... anything received in connection with drug trafficking included a reference to anything received both in that connection and in some other connection. 23. in section 72aa, inserted into the 1988 act by section 2 of the 1995 act, the court was required, in assessing the value of the defendants benefit from a course of criminal conduct, to make the assumptions ..... invited within 14 days. endnote 48. the committee would conclude by drawing attention to the current importance of the power to make confiscation orders. in the period april 2007 - february 2008 the courts in england and wales made 4504 such orders in sums totalling 225.87 million. in recent years the number of orders and the sums ..... injustice if an order were to be made was not to be otherwise understood, as r v ahmed [2005] 1 wlr 122, para 10 and r v neuberg [2007] ewca crim 1994, paras 29-30, explained. the legislation is not oppressive or disproportionate since (a) it does not target anyone who is not shown to have benefited .....
Tag this Judgment!Court : House of Lords
..... insufficiency. 73. however, at any rate on the face of it, that allegation is not assisted by the statutory provision concerned with that topic, namely section 14 of the 1977 act. section 14(3) (reflecting art 83 of the epc) requires the specification of a patent to disclose the invention in a manner which is clear enough ..... based on lack of novelty and on obviousness failed, the attack on the patents claim to the (+)-enantiomer succeeded on the ground of insufficiency: see [2007] ewhc 1040 (pat), [2007] rpc 32. the court of appeal upheld the judges conclusions on lack of novelty and obviousness, but reversed his decision on insufficiency: see [2008] ..... their testing was trivial. the inventive step taken by lundbeck lay in finding a way in which to prepare or separate the individual enantiomers. see per kitchin j [2007] rpc 32, para. 264. once done, this proved that the beneficial effects of citalopram were attributable to the (+) enantiomer. lundbeck claimed accordingly to patent by claims .....
Tag this Judgment!Court : House of Lords
..... wales, and every crown prosecutor has all the powers of the director which he must exercise under the directors direction: prosecution of offences act 1985, section 1. section 10 of that act provides that the director shall issue a code for crown prosecutors giving guidance on general principles to be applied by them in determining, in any ..... (second edition issued in march 2009), of domestic violence (3rd edition issued in march 2009) and of homophobic and transphobic hate crime (2nd edition november 2007). true it is, as ms dinah rose qc for the director points out, these policy statements appear to be issued rather for the benefit and reassurance of the victims ..... if they request it, while rejecting it for people with other reasons for wanting to die (national centre for social research, british social attitudes, the 23rd report, 2007, chapter 2). 67. here we are, of course, concerned about people who are unable or unwilling to end their own lives without assistance. the need for .....
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 .....
Tag this Judgment!Court : House of Lords
..... however, the observations at (1997) 30 hlr 20 to 21, that homeless asylum-seekers will inevitably come to need care and attention and that local authorities can act under section 21(1) before a person has a need for care and attention are more problematic. they apparently mean, and have been taken to mean, that local authorities ..... a combination of destitution and illness and not solely from destitution. the court appeal dismissed the local authoritys appeal in may 2006: [2006] ewca civ 655, [2007] lgr 225. care and attention could extend to the provision of shelter, warmth, food and other basic necessities. if the need was made more acute by some ..... logical", but nonetheless felt constrained to hold that m was within section 21(1)(a), in the light of previous decisions and observations of the court of appeal- see [2007] lgr 225, para 15. he considered that authority established that care and attention in that section could extend to the provision of shelter, warmth, food and other .....
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