Court : House of Lords
Decided on : Apr-25-2007
..... started asked for an 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 have failed to achieve ..... that of a man in the same employment" (equal pay act 1970, s 1(2)(c), inserted by the equal pay (amendment) regulations 1983, si 1983/1793, reg 2). equal value claims are enormously complex, often involve a great many employees and go on for a ..... not initially have too dramatic an effect, because it did not tackle the problem of segregation into "women's work". 32. in 1983, the act was amended to cover "work which . . . is . . . in terms of the demands made on her (for instance under such headings as effort, skill and decision) of equal value to .....
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 : Mar-28-2007
..... traditional strength 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 of tokyo ..... charterparty), if included (in its amended form) in the proposed new charterparty. the arbitrator described this as follows (para 8): "however, ..... ) as to the charterers accepting redelivery of the vessel on the same terms (with an amendment not relating to the war clause). but on 9 january 2003 (when morison j was still considering his judgment) mr martin benny, acting on behalf of the owners, realised the significance of the war clause (clause 33 of the .....
Tag this Judgment!Court : House of Lords
Decided on : Mar-28-2007
..... .d. " 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 ..... has been used in cases such as r v director of public prosecutions, ex p manning [2001] qb 330. 20. the law in england and wales was consolidated with amendments in the coroners act 1988. by section 8 the coroner is subject to a duty to hold an inquest: "(1) where a coroner is informed that the body of a person ('the ..... all the questions related to the death which the next of kin may wish to raise. in that context the lord chief justice referred to the 1959 act, the 1963 rules and the 1980 amendments, and quoted at length from the judgment of simon brown lj in r v hm coroner for western district of east sussex, ex p homberg (1994) 158 .....
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 : Feb-28-2007
..... that the person in respect of whom a part 1 warrant has been issued be brought before a judge for an extradition hearing and (as amended by the extradition act 2003 (multiple offences) order 2003) that "(2) the judge must decide whether any of the offences specified in the part 1 warrant is an extradition offence." if ..... 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, ..... warrant itself is required. and there is good reason to suppose that the normal construction reflects parliament's intention. the implementation of the framework directive by the 2003 act raised a good deal of concern in both houses of parliament. the imprecision of the framework list categories coupled with the removal of the requirement of double criminality .....
Tag this Judgment!Court : House of Lords
Decided on : Feb-28-2007
..... so. 20. considerable progress can be made in the preparation and exchange of information under sections 3 to 8 of the criminal procedure and investigations act 1996, as amended by the criminal justice act 2003, before the trial judge engages in a detailed discussion as to how the trial is to be managed having regard to the purposes for ..... hearing marks the start of the trial for the purposes of the relevant custody time-limits: section 22(11a) of the prosecution of offences act 1985 as amended by section 21 of the 1996 act. 62. the point to notice at present is that the committee envisaged that any preparatory hearing would take place after the relevant essential work ..... part of the proceedings or indictment as well as any application seeking to sever counts (covered in any event with effect from 4th april 2005 by the amendment made by the 2003 act), or to put the prosecution to election between counts. (c) disclosure 100. in this appeal it is the area of disclosure that is critical and .....
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 : 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 .....
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