Court : House of Lords
Decided on : Jan-21-2009
..... these ways of starting an appeal can change at any time if the relevant rule-making body chooses to amend the rules. 13. in arguing that the obligation under the 2003 act goes further, mr nicol made a number of detailed points on sections 26(4) and 103(9), which ..... the rules for service of appeals are not being observed and this is causing practical problems, it is surprising that they have not been amended before now. in fact, however, mr nicol qc, who appeared for the albanian government and the french prosecutor, did not put forward anything ..... under the present version of pd22.6a(3)(a), the lord chief justice has the power to address it by amending the direction to bring it into line with the practice direction of the house of lords, not to mention rule 34.3(1)(a) ..... ltd [1973] 1 qb 336. as lord denning mr said at 349e, when a time is prescribed by statute for doing any act, and that act can only be done if the court office is open on the day when time expires, then, if it turns out that the .....
Tag this Judgment!Court : House of Lords
Decided on : Jan-21-2009
..... of that as a sufficient safeguard does not, in my opinion, justify the creation of a duty of care. the remedy lies, surely, in the amendment of the procedures so as to incorporate safeguards on the lines of those that attend applications in the high court for ex parte orders. my opinion that the ..... procedures under which the litigation is conducted. conclusion 36. each of these lines of authority leads to the conclusion that this appeal must be dismissed. the 1984 act conferred statutory powers on registration authorities. these powers enable registration authorities to entertain applications for registration of nursing homes (s.23), to refuse such applications (s. ..... by procedural safeguards for the protection of absent respondents that are apparently not available where such applications are made to a magistrate under section 30 of the 1984 act, or, for that matter, under section 11 (see lyons v east sussex county council). first, the high court judge can, and usually does, require a .....
Tag this Judgment!Court : House of Lords
Decided on : Feb-04-2009
..... distributors ltd v customs and excise commissioners (case c-288/94) [1997] qb 499; [1996] stc 1359. this was despite an amendment made in 1992 to section 10(3) of the value added tax act 1983, which was intended to correct an error in transposing the sixth directive into national law. mands claimed repayment of 2.8m, part of ..... treatment of payment traders and repayment traders is not, the court concluded, objectively justified, a conclusion illustrated by the amendment of section 80 (3) of the value added tax act 1994 by section 3 of the finance (no 2) act 2005. this conclusion was spelled out as follows (para 54): the answer to the third question must therefore be ..... it in respect of vouchers issued before the amendment correcting the error in transposition (early vouchers) and the rest in respect .....
Tag this Judgment!Court : House of Lords
Decided on : Feb-04-2009
..... the heading fresh claims", and that it is followed by para 353a which was inserted by hc 82/2007. the whole context in which rule 353, as amended by hc 420/2008, appears is as follows: fresh claims 353. when a human rights or asylum claim has been refused or withdrawn or treated as withdrawn ..... all significance. it matters not whether, in a case where the secretary of state has already certified the claim under section 94 of the nationality, immigration and asylum act 2002 as clearly unfounded", she should be considering further submissions under that provision (so as to decide whether or not to maintain certification), or under rule 353 ..... notwithstanding its rejection. 70. as will be seen, rule 353 applies only when any appeal relating to [the refused] claim is no longer pending". section 104 (1) of the 2002 act provides that an appeal . . . is pending during the period (a) beginning when it is instituted, and (b) ending when it is finally determined, withdrawn or abandoned . . . .....
Tag this Judgment!Court : House of Lords
Decided on : Feb-11-2009
..... by the public authority". should there be doubt about that implication there is no room for doubt in the case of section 68(3), which deals with an amendment to the data protection act 1998, for this speaks expressly of a public authority holding excluded information. the section provides. (6) where section 7 of the freedom of information ..... the queens bench judge exercising the traditional judicial review power to determine the jurisdiction of an inferior tribunal. but the act does not do so and i do not think it is open to your lordships to amend it. 46. i have read with attention and respect the draft speeches of lord phillips of worth matravers and lord neuberger ..... 1 by limiting the entry to information of a specified description or by removing or amending that limitation. here again the mechanism is the same. the body that is listed is a public authority for the purposes of the act. the question whether or not parts i to v apply to the information to which the person making the .....
Tag this Judgment!Court : House of Lords
Decided on : Feb-18-2009
..... state considered should not be made public because disclosure would be contrary to the public interest. amendments have been made to the act by, among others, the nationality, immigration and asylum act 2002 (the 2002 act). 11. section 82 of the 2002 act gives those adversely affected by immigration decisions, including decisions to deport, the right to challenge ..... 3. in contending that there was no such risk the united kingdom had relied on the fact that they had sought and received assurances from the indian government. the court referred to the fact that despite the efforts of the government and the courts the violation of human rights by the security forces ..... kingdom (1996) 23 ehrr 413, assurances that the applicant would not be ill-treated had been received from the indian government: para 92. the court did not doubt the good faith of the indian government in providing these assurances but, as violation of human rights by certain members of the security forces was a recalcitrant .....
Tag this Judgment!Court : House of Lords
Decided on : Mar-04-2009
..... as, undoubtedly, mr ahmad and his family present. the section 167(1) scheme devised by the appellant council complies with the statutory requirements of the 1996 act, as amended, and, insofar as its provisions for the allocation of housing to those in the section 167(2) priority band are concerned, cannot, for the reasons ..... undermines the statutory freedom accorded to authorities by section 167(6), subject always to complying with the other express statutory requirements. indeed, following the amendments made by the 2002 act, as foreshadowed by the green paper, the code has become less prescriptive. quite apart from this, the terms of section 169 do not even ..... points enumerated earlier in this opinion had no application. it would not be profitable to consider whether those cases were nonetheless rightly decided: the 1996 act has been subsequently amended in highly relevant ways, and, even if it had not been, the issues in those cases were inevitably fact-sensitive. the essential point about .....
Tag this Judgment!Court : House of Lords
Decided on : Mar-11-2009
..... would normally be necessary for the defendant, or other relevant party, to write and sign something which affirmed or repeated the acknowledgment. this would usually involve an act such as amending and re-serving the defence, or other statement of case, or confirming its contents in a signed affidavit or witness statement. 84. while it would be wrong ..... to amount to a fresh acknowledgment, it appears to me that it would, at least normally, require a fresh written and signed document (including an amended defence) or, quite possibly, an act such as re-service of the original defence. on any view, merely taking steps in the action, even though it can be said that such steps ..... capable of constituting a further acknowledgement on any subsequent date on which it was, so to speak, re-published, e.g. by being re-served after an amendment had been made. but nothing that could constitute a re-publication ever happened and the defences effect as a section 29 acknowledgement was, in my opinion, spent .....
Tag this Judgment!Court : House of Lords
Decided on : Mar-11-2009
..... in r (morgan grenfell and co ltd) v special commissioner of income tax [2002] ukhl 21, [2003] 1 ac 563, where section 20 of the taxes management act 1970, as amended, entitled an inspector of taxes to require a taxpayer to deliver to him such documents as were in his possession or power. section 20b(8), however, provided that ..... intention to do this. it is true that none of its provisions refer to the statutes or any of them. it could have made the position clear by amending them, for example by introducing a further qualification to the right to a consultation that is private to that which is already provided by paras 8 and 9 of ..... courts stimulated adverse judicial and media comment on the absence of satisfactory regulation of surveillance and led to amendments to the police bill that was passing through parliament. in consequence sections 92 and 93 of part iii of the police act 1997 required authorisation by a chief constable or officer of similar seniority of entry on or interference with .....
Tag this Judgment!Court : House of Lords
Decided on : Mar-25-2009
..... and the submissions that have been addressed to your lordships have likewise concentrated on proprietary estoppel. it should be noted, however, that paragraph 20 of the amended particulars of claim had claimed, in the alternative, an equity which should be satisfied in such manner as the court thinks just". 14. one of ..... constructive trust as distinct and separate remedies, to confine proprietary estoppel to cases where the representation, whether express or implied, on which the claimant has acted is unconditional and to address the cases where the representations are of future benefits, and subject to qualification on account of unforeseen future events, via the ..... title to the encroached upon land. this, too, seems to me straightforward proprietary estoppel. there are many other examples of decided cases where representations acted on by the representee have led to the representor being estopped from denying that the representee had the proprietary interest in the representors land that .....
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