Court : House of Lords
Decided on : May-16-2007
..... materials". 21. there was originally common ground on the pleadings that ups had entered into a contract for the carriage of the three packages of processors. but, by amendment at the trial, ups pleaded that under their conditions they did not offer, and so had never agreed, to carry these packages, which were accordingly not "goods ..... through despatching goods worth more than us$50,000. the judge at para 127 was not persuaded that the despatch of excess-value packages was a "wrongful act" by datec, and he did not regard it as necessary or permissible to interpret the contract as containing an implied undertaking not to despatch such packages. i ..... legal issue of general interest relating to the convention on the contract for the international carriage of goods by road ("cmr"), scheduled to the carriage of goods by road act 1965 and, secondly, a factual issue on which the courts below have differed. the appellants, united parcels service limited ("ups"), perform a parcels delivery service on .....
Tag this Judgment!Court : House of Lords
Decided on : Jun-27-2007
..... that remediation works to remove the contaminating material needed to be carried out. the agency, pursuant to its duties and responsibilities under the environmental protection act 1990 (as amended in 1995) has carried out the necessary works at a cost in the region of 66,000 per residence. the question is who should bear that ..... part, i would not want to suggest that it would cause particular surprise if that was indeed the consequence of this legislation. the amendments effected to the 1990 act by the environment act 1995 inevitably have an effect which involves a degree of retrospectivity. for instance, during the 1980s, directors of companies, whose activities had ..... limited to those existing "immediately before" the transfer date. the notion that that language can encompass a liability created by parliament in 1995 by the amendment of the 1990 act seems to me, with the greatest respect, unarguable. parliament is, of course, sovereign and can impose what liabilities it sees fit on whom it .....
Tag this Judgment!Court : House of Lords
Decided on : Oct-24-2007
..... however, in this case, there was no evidence before the hearing officer even to suggest that there were any licensees of rorer, who would be unfairly prejudiced if the amendment sought by yeda was permitted. accordingly, i consider that rorer's argument in this connection must be rejected, although it could in principle have force if supported by evidence ..... seeks": see cpr 16.2. part 17 then contains rules about when a claim form may be amended to add a new claim after the expiry of the limitation period, which derive their validity from section 35 of the limitation act 1980. 39. the procedure for claiming entitlement to a patent might have been assimilated with that for ..... entitlement, can he be allowed to amend to claim sole entitlement after the two-year period in section 37(5) has expired? or does that require a new reference which would be statute-barred? 17. my lords, i shall first address the question of substantive law. section 30(1) of the act says that a patent or an application .....
Tag this Judgment!Court : House of Lords
Decided on : Feb-07-2007
..... undertaking had been breached on 26 november, explained the circumstances and tendered an apology on behalf of the ministers. the first division allowed the minute of amendment to be received and to be answered within 14 days and appointed the case to call by order on 6 january 2005. the ministers duly lodged ..... mutatis mutandis, and substituting the scottish ministers for the ministers of the crown, what constituted "civil proceedings against the crown" in section 21(1) of the 1947 act under the law of scotland, properly understood, before devolution still constitute "civil proceedings against the crown" after devolution. 34. it is also unnecessary in the present ..... 2) from ministers of the crown to the scottish ministers, so far as the functions are exercisable within devolved competence. section 52(1) of the same act allows statutory functions to be conferred on the scottish ministers by name and subsection (2) provides that the statutory functions of the scottish ministers, the first .....
Tag this Judgment!Court : House of Lords
Decided on : Mar-07-2007
..... not to recommend giving the seller a right to cure the goods: para 5.28. instead they recommended that the 1979 act should be amended so as to provide that if the buyer asks for or agrees to attempts being made to repair the goods (whether by ..... the heart of this case, as lord philip observed, is the effect of section 35(6)(a) of the sale of goods act 1979, as amended, on the buyer's right to reject goods which, on delivery, are materially disconform to the contract. section 35 as a ..... equipment, the respondents fulfilled their duty to deliver it to the appellants: sections 27 and 29(1) of the sale of goods act 1979 ("the act"). in terms of the parties' contract, property in the equipment was not to pass until the price was paid in full. ..... in existence for the benefit of both parties. the duties to deliver and to accept the goods under section 27 of the 1979 act continued to be incumbent on them: para 54: "accordingly, so long as the appellants refrained from rescinding the contract, if the .....
Tag this Judgment!Court : House of Lords
Decided on : Apr-25-2007
..... the house was informed that clause 27.6.5.1 of the jct form dates from long before the 1996 act. other clauses in the jct form have been introduced or amended to reflect the statutory concepts of that act. the retention unaltered of clause 27.6.5.1 no doubt witnesses the jct draftsmen's belief, or hope ..... lord neuberger refers, which contemplated that the legislative provisions covering prompt payment of interim payments would provide "an automatic right to compensation", and that "any attempt to amend or delete them should be invalid". 49. i see no room for reading into section 111 some exception in respect of grounds subsequently arising. i cannot think that ..... referred to the fact that the latham report recommended a provision "for a clearly defined period … 'within which interim payments must be made …'", and that "any attempt to amend or delete" such a provision "should be invalid". 66. however, there are substantial arguments the other way, and i now turn to consider them. 67. the first .....
Tag this Judgment!Court : House of Lords
Decided on : Jul-25-2007
..... of which the disponer has entirely divested himself. 43. so the very wide definition of "settlement" in section 660g(1) of the income and corporation taxes act 1988 (as amended) has a long and fairly complicated pedigree. it is in striking contrast to the definition of "settlement" which applied (through its 80-year life) under the ..... finance act 1922, was aimed at revocable and short-term dispositions of income, and primarily (though not exclusively) at ..... the income of the disposer. these had been successively enacted in the finance acts 1922, 1936, 1938, 1946, inter alia, with increasing severity." the same is true of sections 660a and 660b of the income and corporation taxes act 1988 as amended by the finance act 1995. 42. the very first of these enactments, section 20 of the .....
Tag this Judgment!Court : House of Lords
Decided on : Jan-31-2007
..... 7" is to paragraph 7 in part 69 of the civil procedure rules 1998 ("cpr") as inserted by the civil procedure (amendment) rules 2002 (si 2002 no. 2058, made under section 2 of the civil procedure act 1997) which came into force on 2 december 2002 (that is, about two months before mr sinclair was appointed as a ..... from serious organised crimes) led to the enactment of part vi of the criminal justice act 1988 ("cja 1988"), the drug trafficking act 1994 ("dta 1994"), the proceeds of crime act 1995 ("poca 1995," heavily amending cja 1988) and part iii of the terrorism act 2000. the relevant provisions of these statutes have been replaced by part 2 of the ..... proceeds of crime act 2002 ("poca 2002"), which came into force on 24 march 2003, but the .....
Tag this Judgment!Court : House of Lords
Decided on : May-02-2007
..... judge found that mr thorpe must have been "at least a trespasser" by the law of new york. it may be that, under the first amendment, he was entitled to publish in new york notwithstanding the circumstances in which the photographs were obtained. but that does not mean that he or anyone ..... were completed on the instructions of the receivers. 208. meanwhile the liquidators were questioning the validity of the receivers' appointment. in october 1995 obg, acting by its liquidators, started these proceedings claiming a declaration that the appointment was invalid and consequential relief including damages. in august 1997 the settlement negotiated by ..... be no sufficient justification for the interference.' (emphasis added) lord lindley said the 'principle which underlies the decision [in lumley v gye] reaches all wrongful acts done intentionally to damage a particular individual and actually damaging him': page 535. 175. these broad, indeed, sweeping affirmations made no mention of the need .....
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