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 .....
Tag this Judgment!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-13-2007
..... 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". the claimants submit, obviously correctly, that this is a reference ..... extra-territorial effect 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 the army act 1955, the air force act 1955 or the naval discipline act 1957, extends to any place to which .....
Tag this Judgment!Court : House of Lords
Decided on : Jun-20-2007
..... [her]", the local authority "in whose area [she] is ordinarily resident" becomes liable, under sections 21(1)(a) and 24(1) of the national assistance act 1948 ("the 1948 act") as amended, to "make arrangements for providing residential accommodation" for her. by virtue of section 21(5), "accommodation" in this context extends to such "board and ..... is, for example, a clear conceptual difference between the functions of a private firm engaged by a local authority to enforce the road traffic regulation act 1984, as amended, on a public road and the activities of the same firm engaged by a private land-owner or a local authority to enforce a private scheme ..... 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 .....
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 : Jul-18-2007
..... 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 to simple interest on the unpaid price of goods or ..... periods prior to set off. the claim as pleaded is for damages to compensate for the loss of use of the act or, by later amendment, for restitution in respect of the loss of use of the act during such periods. the course of argument before the house led sempra to reformulate the latter claim as a claim ..... to award interest, including compound interest, in certain circumstances. likewise with the late payment of commercial debts (interest) act 1998, now amended by the late payment of commercial debts regulations 2002 (si 2002 no 1674). this act implies into certain types of contracts a term to the effect that a qualifying debt carries interest in accordance with the .....
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 : Oct-24-2007
..... right to do so: section 54(3). 104. equally, by virtue of section 57(2), the member of the scottish executive who made the amendment rules under section 30 of the prisons (scotland) act 1989 had no power to make any subordinate legislation so far as it was incompatible with any convention rights. to the extent that he did so ..... 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 ..... clear. i have to say that i have found this point much more difficult. 164. the debate centres on section 100 of the scotland act 1998 which was introduced, as your lordships were told, as a late amendment to the bill. subsections (1) and (3) are expressed in an unusual way in that they are (in terms of what is .....
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 .....
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