Court : House of Lords
..... the meantime the act of 1833 had been repealed and replaced by section 7 of the rating and valuation (miscellaneous provisions) act 1955, which was re-enacted by section 39 of the general rate act 1967. ..... the dispute is over whether all but one of the other buildings are entitled to exemption under the following provisions of paragraph 11 of schedule 5 of the local government finance act 1988 (as amended), which appear under the heading places of religious worship, etc: (1) a hereditament is exempt to the extent that it consists of any of the following (a) a place of public religious worship which belongs to the church of england or ..... first issue is whether the temple is, for the purposes of paragraph 11(1)(a) of schedule 5 to the local government finance act 1988 (as amended), a place of public religious worship and therefore exempt from liability for non-domestic rates ..... the exemption it must show that each of the buildings that are in question has the characteristics described in paragraph 11 of schedule 5 to the local government finance act 1988, as amended by section 104 and para 3 in part 1 of schedule 10 to the local government finance act 1992. 24. ..... the same expression public religious worship", is to be found in the local government finance act, 1988 and it cannot be supposed, in my opinion, that the legislature intended the expression to bear a different meaning from that which it had borne for over 150 years in the successive enactments in which that expression, .....
Tag this Judgment!Court : House of Lords
..... followed by the housing (homeless persons) act 1977 which repealed section 21(1)(b) of the 1948 act and imposed specific statutory duties upon local housing ..... following the local government act 1972, there was power to provide all of these services with ministerial approval and the duty to do so to such extent as he might direct: ministerial approvals and directions under section 21 and 29 of the 1948 act were first given in department of health and social services circular no lac 13/74 and under section 45 of the 1968 act in dhss circular ..... is it local authorities under section 21(1)(a) of the national assistance act 1948 or is it central government in the form of nass, now under section 95 of the immigration and asylum act 1999 (or otherwise pursuant to the states obligation not to breach article 3 of the european convention on human rightssee r (limbuela) v secretary of state for the home department [2006] 1 ..... my lords, it might appear that this case too is part of the inverted and unseemly turf war between central and local government, but although the secretary of state intervened on a different issue in the court of appeal, he has not intervened on the ..... this led to what has been called an inverted and unseemly turf war between local and national government (j a sweeney, the human rights of failed asylum seekers in the united kingdom [2008] pl 277, 285), culminating in the decision of this house in r (westminster city council) v national asylum support service [2002] .....
Tag this Judgment!Court : House of Lords
..... what was being done to counter the threat that the british suspects pose to the life of the nation, it must be assumed in the government's favour that ministers have good grounds for being satisfied that the threat can be properly contained by using the other powers available to the police ..... after an examination, finds this to be the case; the existence at the time of a 'public emergency threatening the life of the nation' was reasonably deduced by the irish government from a combination of several factors, namely: in the first place, the existence in the territory of the republic of ireland of a secret army engaged in unconstitutional activities and using ..... relevantly for present purposes, that act defined "terrorism" in section 1, which reads: "1 terrorism: interpretation (1) in this act 'terrorism' means the use or threat of action where - (a) the action falls within subsection (2), (b) the use or threat is designed to influence the government or to intimidate the public or a section of the public, and (c) the use or threat is ..... the strasbourg court covers several important points, but for present purposes it is sufficient to note three points: (a) article 3's prohibition on torture is absolute, and chahal could not be returned to india; (b) his detention during the protracted litigation, lengthy though it was, was not unreasonable or unlawful, but he could be detained only so long as his deportation was the end in view; ..... act and desire to agitate for its amendment or repeal ..... repealed .....
Tag this Judgment!Court : House of Lords
..... offender may be, and the maximum penalty which may be inflicted shall be imprisonment with or without hard labour for a term of six months or a fine of one hundred pounds, or both such imprisonment and fine; section seventeen of the summary jurisdiction act, 1879, shall not apply to charges of offences against the regulations, but any person aggrieved by a conviction of a court of summary jurisdiction may appeal in england to a court of quarter sessions, and in scotland under and in terms ..... strangely in hume's ears would have sounded the argument that a law had been passed giving power to the king in council to issue regulations for public safety and defence, and that this meant the repeal of the great act itself and the reintroduction into our constitution and our jurisprudence of "the greatest and most dangerous of all abuses of the forms of law. ..... on the contrary, i humbly think it impossible to look at the statute as a whole without seeing that the whole structure must stand together, that the power in the government to issue regulations is - within the general sphere and purpose of public safety and defence - to prescribe a line of duty and course of action for the citizens so as, in this time of emergency, to bring their private conduct into co-operation ..... we shall have to consider in a little while how much on this principle of generality, - this principle that during the war the government may do what it likes - how much is repealed. .....
Tag this Judgment!Court : House of Lords
..... that such allegation is untrue.you and i therefore proceed on the basis that neither claimant was being monitored nor suspected nor on any list of suspects provided to the saudis by the united states government or anyone elseto put it simply, what mr price argues is that if in fact it was not true that they were on the list and it is not true they were being monitored, ..... operative properties mortgage and investment society ltd v odhams press ltd [1940] 1 kb 440 was a case in which a society registered under the industrial and provident societies act 1893 complained of an article in the daily herald commenting on the way in which the society had kept its accounts and insinuating that the figures had been deliberately falsified ..... has developed elaborate rituals for relationships between journalists and government officials to circumvent laws on secrecy, to avoid embarrassmentthe official does not act or does not say 'this story is right', ..... from saying that it is information which interests the public - the most vapid tittle-tattle about the activities of footballers' wives and girlfriends interests large sections of the public but no-one could claim any real public interest in our being told all about it ..... public interest, it was accepted that the reciprocal duty and interest could be found even where publication was by a newspaper to a section of the public or the public at large. ..... regime is clear beyond question, and is reflected in section 12 of the human rights act 1998. .....
Tag this Judgment!Court : House of Lords
..... a jury as that they will neither ask themselves what the actual parties thought of at the date of the contract nor dispose of the case by saying that it would be unreasonable to find a verdict for the claimant nor be governed only by their action of what is fair between man and man nor be left in impenetrable doubt as to what the legal direction means. ..... the appellants contend that they were not liable in the action, on the ground that they were entitled to treat the charterparty as at an end owing to the requisition by the government, and the detention under it, as this amounted to a frustration of the adventure by circumstances beyond the appellants' control. ..... the points of defence allege that the vessels had been requisitioned by the british government, and that the charter was put an end to by such requisitioning from its date, may 11, 1915 ..... this last day the charterers, who had heard that the owners were selling the quito , having got the government to release her, called upon them to deliver the steamer under the charter. ..... fourteenth clause it was provided that throughout the charter losses or damages, whether in respect of goods carried or to be carried, or in other respects, should be absolutely excepted if they arose from certain causes enumerated, among which were the act of god, perils of the sea, and arrests and restraint of princes, rulers, and peoples. ..... the entering into the contract of sale was an act showing that the owners treated the contract of charter as at an end .....
Tag this Judgment!Court : House of Lords
..... whinney did not raise any objection to handing over the hotel for the use and occupation of the executive government, but that his protest was limited to the claim of the executive government to take the hotel, and, at the same time, to deny any claim for compensation except such as might be offered, as a matter of grace, by a reference to the defence of ..... in the petition the suppliants put forward an alternative ground for their claim - namely, that the premises were given up to the government by them voluntarily under circumstances which would in law imply a contract on the part of the crown to pay for use and occupation ..... in his resistance than he actually did he would clearly have put himself in the wrong, for whatever be the suppliants' right as to compensation, the government were undoubtedly entitled to commandeer the premises if they needed them for the purposes of the defence of the realm. ..... but it is not necessary to dwell on their provisions, seeing that the defence act, 1842, repealed all such existing acts and laid down general provisions which have regulated since that time the procedure for the acquisition by the crown of land ..... first, because in its first section it recognizes that possession of land may be taken by a government department for the purposes connected with the war, in exercise of a prerogative right of his majesty, as well as under any statute relating to the defence of the realm, or by agreement, or otherwise; and it enables this department to .....
Tag this Judgment!Court : House of Lords
..... the repeal of the northern ireland act 1974 (under which the adoption order was made), coupled with section 95(1) of the northern ireland act 1998, has had the effect of turning the adoption order into primary legislation, or brought it within the scope of section 6(2)(b) of the human rights act 1998. ..... in 1993 it was stated on behalf of, among others, the welsh office and the lord chancellors department that the government did not intend to change the law which allowed adoption applications from married couples or single individuals: adoption: the future (november ..... but it was not suggested that, if the house formed the view that the regime governing adoption in force in northern ireland under the adoption (northern ireland) order 1987 was objectively unjustified, it could on the facts of this case be an answer to the complaint of discrimination that national ..... meanwhile the position in northern ireland continues (subject to the issues raised in this appeal) to be governed by article 14 of the adoption order (adoption by married couple): (1) an adoption order shall not be made on the application of more than one person except in the circumstances ..... in short the position, as it appears from ms conlons unchallenged evidence, is that the government of northern ireland intends to introduce new legislation on adoption; that there has been extensive consultation on a number of proposals, including permitting joint adoption by unmarried couples; that the departments stated policy .....
Tag this Judgment!Court : House of Lords
..... summary, sir sydney cites an impressive range of authority including hla hart, the concept of law (oxford, 1961), chaps 5-6; craies on legislation, 8th edn (2004), para 1.2.1; bennion, statutory interpretation, 4th edn (2002), section 50; h w r wade, constitutional fundamentals (1980), pp 27-28 and "the basis of legal sovereignty" [1955] clj 172, 193-194; wade and forsyth, administrative law, 9th edn (2004), pp 26-27; hood phillips and ..... if the appellants were right, it would, i think, follow that the 1911 act could not be invoked, for instance, to shorten (or even, perhaps, lengthen) the period allowed in section 1(1) for passing money bills, or to provide that a bill for confirming a provisional order should rank as a public bill: a government bent on achieving such an object with a clear and recent mandate to do so would have either to accept the veto of ..... speaker of the house of commons contains only provisions dealing with all or any of the following subjects, namely, the imposition, repeal, remission, alteration, or regulation of taxation; the imposition for the payment of debt or other financial purposes of charges on the consolidated fund, or on money provided by parliament, or the variation or repeal of any such charges; supply; the appropriation, receipt, custody, issue or audit of accounts of public money; the raising or ..... act was repealed by and consolidated in the european parliamentary elections act ..... a subsequent statute dealing with the same subject matter cannot repeal. .....
Tag this Judgment!Court : House of Lords
..... this same labelling problem arose in other cases where the childrens authority had arranged accommodation for a child but was reluctant to accept that it had done so under section 20: see r (l) v nottinghamshire county council [2007] ewhc 2364; r (d) v southwark london borough council [2007] ewca civ 182, [2007] 1 flr 2181; r (s) v sutton london borough council [2007] ewca civ 790, 10 ..... this prompted the local authoritys decision letter of 20 september, which stated that: our client department has fully considered your clients needs and reached the decision that section 20 is not appropriate as a has no identified need for social services support, and his needs can be satisfactorily met through provision of housing and referrals to other support agencies. . ..... as the local housing authority thereby had a duty to house him, the childrens authority could perform its duty under section 20 of the 1989 act by making arrangements with the housing authority to ensure that a was provided with housing. 38. ..... which is stressed in all the guidance, most recently in joint working between housing and childrens services, preventing homelessness and tackling its effects on children and young people (department for communities and local government, department for children, schools and families, may 2008). ..... kovats made written submissions on behalf of the secretary of state for children, schools and families (with the support of the secretary of state for communities and local government). .....
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