Court : House of Lords
Decided on : Jun-20-2007
..... service arranger and procurer (department of health and others, caring for people: community care in the next decade and beyond (1989) (cm 849). to this end, section 26 of the 1948 act was amended to allow them to place residents with private providers as well as with voluntary organisations. the charging arrangements remained broadly the same, primary liability remaining with the local ..... there is now evidence in the literature that invoking human rights values in support of residents has produced change. the following example comes from sonya sceats, the human rights act - changing lives (2007) (british institute of human rights): "a learning disabled man in a care home became very anxious about bathing after slipping in the bath and injuring himself. afterwards, in ..... church council v wallbank [2004] 1 ac 546, 555, para 10, 'the phrase used in the act is public function, not governmental function'. he went on, in paras 11 and 12: ". . . giving a generously wide scope to the expression 'public function' in section 6(3)(b) will further the statutory aim of promoting the observance of human rights values without depriving ..... another willing to pay. the greater the state's involvement in making payment for the function in question, the greater (other things being equal) is its assumption of responsibility. 11. it will be relevant to consider the extent of the risk, if any, that improper performance of the function might violate an individual's convention right. in some fields, .....
Tag this Judgment!Court : House of Lords
Decided on : Oct-24-2007
..... to the segregation of prisoners derive from rule 80 of the prison rules which were originally made in 1994 under section 30 of the prisons (scotland) act 1989 ("the 1989 act"). after devolution, a member of the scottish executive made the amendment rules, also under section 30. so the functions of the scottish ministers under rule 80 are, in part, functions conferred on the secretary ..... from the beginning of each period of segregation, his claim is restricted to that part of his segregation that is attributable to decisions made on 11 november and 10 december 2002. 6. the question whether the section 7(5)(a) hra time bar applies also affects the second issue. each period of segregation of which complaint is made was initiated by an ..... president (hamilton), lord macfadyen and lord nimmo smith) after hearing argument on reclaiming motions in each case from decisions on them by the lord ordinary (lady smith): [2006] csih 52; 2007 sc 140. but five issues remain, for the determination of which the inner house gave leave to the parties to appeal from its decision to your lordships. 2. these issues ..... and grants and renewals of authority authorising the general segregation of the petitioners under rule 80 of the 1994 rules were "disproportionate et separatim unreasonable and therefore unlawful." in statement 11 in somerville's case it is averred that the decision on the part of the scottish ministers to make provision for the effective imposition of a punishment regime in segregation .....
Tag this Judgment!Court : House of Lords
Decided on : Jul-18-2007
..... dates, at such rates and with such rests as it considers meets the justice of the case" (section 49(3)) in 1998 parliament enacted the late payment of commercial debts (interest) act 1998, later amended by the late payment of commercial debts regulations 2002 (si 2002 no. 1674), providing for a right ..... on woolwich equitable building society v inland revenue commissioners [1993] ac 70, the second on deutsche morgan grenfell group plc v inland revenue commissioners [2007] 1 ac 558. 71. sempra accepts that these three causes of action satisfy the community law requirement of equivalence. issue has been joined on ..... important. it was a corner stone of the late professor birks qc's last work, unjust enrichment (2nd ed.) (2005). he observed at p. 11, "the most important feature of mistaken payments is the absence of contract and wrong", and it is necessary to "isolate" and draw "a careful line ..... claimed as the debt. 222. following the westdeutsche decision, the law commission in its seventh programme of law reform (1999) law com 259. p. 11, recommended an examination of the courts' power to award compound interest. this led to its consultation paper (no. 167) in 2002 and its "report ..... distinctions should be drawn between the various remedies. unfortunately, until the submissions before the house, no such distinction appears to have been suggested (cf paragraph 11 of park j's judgment), but the matter is one of pure law. three possible domestic remedies exist: (a) a claim for damages for or .....
Tag this Judgment!Court : House of Lords
Decided on : Apr-25-2007
..... . the strength of feeling was such that the government brought forward amendments at the report stage, introducing the system of local authority licensing which is now contained in section 2 and schedule 3 of the local government (miscellaneous provisions) act 1982. the act applied only to england, but the identical system was extended to ..... have infringed convention rights. the recent decisions of this house in r (huang) and r (kashmiri) v secretary of state for the home department [2007] ukhl 11 address this very point. 33. in this case, there are arguably four levels of such decision making. the first is the decision of the northern ..... that conclusion in deciding whether the action in question was proportionate and lawful. as lord bingham said in r (sb) v governors of denbigh high school [2007] 1 ac 100, 116g, para 31: "if, in such a case, it appears that such a body has conscientiously paid attention to all human rights ..... approach seems to me not only contrary to the reasoning in the recent decision of this house in r (sb) v governors of denbigh high school [2007] 1 ac 100 but quite impractical. what was the council supposed to have said? "we have thought very seriously about your convention rights but we ..... house, one in the case of r (sb) v governors of denbigh high school [2007] ac 100, the other in the case of r (huang) and r (kashmiri) v secretary of state for the home department [2007] ukhl 11. 31. the first, and most straightforward, question is who decides whether or not a .....
Tag this Judgment!Court : House of Lords
Decided on : Mar-28-2007
..... the principle was invoked in the course of deciding whether a policy of life insurance had been transferred at an undervalue within the meaning of section 339 of the insolvency act 1986. the principle was again invoked in mckinnon v e survey ltd ([2003] ewhc 475 (ch), unreported, 14 january 2003), a ..... and major selling point of english commercial law, and involves an unfortunate departure from principle. the facts 2. by a time charterparty on an amended shelltime 4 form dated 10 july 1998 golden strait corporation, a liberian company, as owners chartered their tanker golden victory to nippon yusen kubishika kaisha ..... professor sir guenter treitel qc read the court of appeal's judgment as appearing to impair this quality of certainty ("assessment of damages for wrongful repudiation", (2007) 123 lqr 9-18) and i respectfully share his concern. 24. on my reading of the seaflower (see para 19 above), i do not ..... micado shipping ltd (malta) ("the seaflower") [2000] 2 lloyd's rep 37 concerned a time charterparty dated 20 october 1997 for a period of 11 months, maximum 12 months at charterers' option. the charterparty referred to various major oil company approvals including that of mobil all on the point of expiring ..... acceptance of the breach (or such reasonable time thereafter as may be allowed under the rules stated above) " the court of appeal observed (p 11) that the judge's finding on the date when the buyers should have bought in a substitute cargo "fixes the level of the plaintiffs' .....
Tag this Judgment!Court : House of Lords
Decided on : Jun-13-2007
..... outside the united kingdom. that is the case, for instance, with section 72 of the sexual offences act 2003, an act which, in terms of section 142(1), extends to england and wales only. similarly, section 11 of the criminal procedure (scotland) act 1995 applies to offences committed outside the united kingdom, even though section 309(3) shows that, with the exception of a few provisions, ..... in relation to those to whom they apply (see the reference to section 70 of the army act, briefly quoted in paragraph 13 above), and it might have been thought that the amendment effected by section 21(5) would similarly apply extra-territorially. section 22(7) of the hra, however, provides: "section 21(5), so far as it relates to any provision contained in ..... 110. 83. the divisional court gave an account of the government and administration of iraq and the position of the united kingdom armed forces during the relevant period in 2003: [2007] qb 140, 152-158, paras 14-46. the evidence of senior british officers indicates that, on the ground, the available british troops faced formidable difficulties due to terrorist activity ..... assistance to the secretary of state. 15. the parties directed much detailed argument to the language of the act, seeking to derive support for their competing interpretations. (1) section 1(4). this subsection empowers the secretary of state to make such amendments to the act as he considers necessary "to reflect the effect, in relation to the united kingdom, of a protocol". .....
Tag this Judgment!Court : House of Lords
Decided on : Mar-28-2007
..... . " other examples were given. 8. the next change of substance was made, again in england and wales, by the coroners (amendment) act 1926. the coroner's duty to summon a jury, laid down in section 3(1) of the 1887 act, was enlarged by section 13(2): "13.(2) if it appears to the coroner either before he proceeds to hold an inquest or in ..... , together with such information also in writing as he is able to obtain concerning the finding of the body or concerning the death." on receiving information under section 7 or section 8, the coroner must (section 11) instruct a constable to take possession of the body and "make such investigation as may be required to enable him to determine whether or not an inquest ..... in r(hurst) v commissioner of police for the metropolis [2007] ukhl 13, paras 39, 42-47, 60-65 the retrospectivity issue (whether based on section 6 or section 3 of the 1998 act) was resolved adversely to applicants, save where reliance can be placed on sections 7(1)(b) and 22(4) of the act, by the decision of the house in in re mckerr ..... the house in r(hurst) v commissioner of police for the metropolis [2007] ukhl 13 makes plain the answers to these questions. i summarise the answers very briefly. (1) no. the decision in mckerr precludes reliance on section 3 of the 1998 act in any inquest into a death occurring before the act came into force on 2 october 2000. (2) no. the 1998 .....
Tag this Judgment!Court : House of Lords
Decided on : Feb-28-2007
..... that a document issued in a category 1 territory may be received in evidence if it is duly authenticated. section 202(4), as amended by schedule 13, para 26 of the police and justice act 2006, provides that a document issued in a category 1 territory is duly authenticated if it purports to be signed by a judge, magistrate or officer. 33. the ..... queen's bench divisional court (latham lj and jack j) affirmed that decision: [2006] ewhc 971 (admin); [2007] 1 wlr 145. 2. the appellant resists surrender on three grounds. for reasons given by my noble and learned friend lord hope of craighead, whose summary of the relevant materials ..... early as "before the year 2000". the essence of the allegation is that the appellant was involved in a conspiracy which led up to the train bombings in madrid on 11 march 2004. mention is made of the appellant's activities during an earlier period, but this part of the narrative appears to have been included simply as background. this impression ..... of justice of madrid seeks the surrender of the appellant, mr dabas, to face a criminal charge of complicity in islamic terrorism in connection with the madrid train bombings of 11 march 2004. it has issued a european arrest warrant, pursuant to which district judge anthony evans, sitting in the bow street magistrates' court, ordered the surrender of the appellant. the .....
Tag this Judgment!Court : House of Lords
Decided on : Apr-25-2007
..... equivalent bonus scheme in 1998) can now go back six years before the proceedings were instituted instead of two: equal pay act 1970, section 2zb, inserted by the equal pay act 1970 (amendment) regulations 2003 (si 2003/1656). employers who have reached the stage of litigating will only have done so because negotiations ..... in rates and in council tax. the problem is made worse by a deadline to meet all claims for equal pay by 1 april 2007 which was negotiated between local government employers and recognised trade unions under the single status agreement for establishing pay equality which they entered into ten ..... the appellants their costs in the court of appeal and this house. lord hope of craighead my lords, 11. litigation between employers and employees about a matter which affects large sections of the work force such as an equal pay claim arouses strong feelings on either side. increases in pay ..... instant applications were initially dismissed by the tribunal but that dismissal was overturned by a decision of the eat. the applications then were reheard on 11 july 2003 following which the tribunal (mr lloyd parry, chairman, and mrs pegg and mr partington) gave its decision on 25 september 2003. ..... on other prohibited grounds by virtue of the race directive (2000/43/ec, article 9) and the employment directive (2000/78/ec, article 11). it is important to recognise that the latter two directives were not in force when this house decided the race discrimination case of chief constable .....
Tag this Judgment!Court : House of Lords
Decided on : Feb-28-2007
..... the amendments made by section 310 of the criminal justice act 2003 had come into effect on 4 april 2005 (see para 93 infra), (d) any question as to the severance or joinder of charges" an explanation for the express reference to the determination by the judge of the questions mentioned in (b), (c) and (d) can be found in section 9(11). sub-section (11) authorises ..... the maze of cases which puzzled the court of appeal, i prefer to identify the approach which parliament intends judges to adopt by simply construing sections 7(1) and 9 of the 1987 act. section 7(1), as amended, is in these terms: "(1) where it appears to a judge of the crown court that the evidence on an indictment reveals a case of ..... and 9 was not sufficiently thought through, and left unclear the position if the judge did not order a preparatory hearing. that may explain their subsequent amendment and replacement by the 1988 act by a new section 6 simply enabling a defendant to apply before arraignment and to obtain the judge's ruling on any such challenge without more. but it remains true ..... appeal against the dismissal at the preparatory hearing of her disclosure application must be found in section 9(11) of the criminal justice act 1987, as amended (but n.b., as lord mance has pointed out in paragraph 80 of his opinion, the amendments made by the criminal justice act 2003 did not come into effect in time to apply to these proceedings). so stated, the .....
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