Court : UK Supreme Court
..... icr 931 as to how to apply section 63a of the sex discrimination act 1975 (inserted by the sex discrimination (indirect discrimination and burden of proof) regulations 2001 (si 2001/2660)) and section 54a of the race relations act 1976 (inserted by the race relations act 1976 (amendment) regulations 2003 (si 2003/1626)). giving the judgment of the court of ..... appeal in that case, peter gibson lj said in para 17: "the statutory amendments clearly require the employment tribunal to go through a two-stage process ..... of proof applied by the fact-finding body is clear and certain. the guidance in igen ltd v wong meets these criteria. it does not need to be amended to make it work better." 30. nevertheless mummery lj went on in paras 56 and following of his judgment in madarassy to offer his own comments as .....
Tag this Judgment!Court : UK Supreme Court
..... . in that regard, counsel founded upon the sheriff's failure to refer to the relevant statutory provision, namely section 11 of the children (scotland) act 1995 as amended, or to the case law providing guidance as to its application. secondly, it was argued that the sheriff's findings could not reasonably warrant the ..... ensure that proceedings are conducted with reasonable expedition. those include powers in relation to time limits for the lodging and adjustment of pleadings, the allowance of amendments, the fixing of proofs and the leading of evidence. in particular, contrary to the impression conveyed by some of the submissions in the present case, ..... matters averred on behalf of the other parties. unsurprisingly, given their scope, the pleadings took a considerable time to prepare and underwent frequent adjustment and amendment as incidents occurred during the course of the proceedings on which the parties wished to found. in october 2005 the sheriff eventually ordered that an open .....
Tag this Judgment!Court : UK Supreme Court
..... proper disciplinary process. 108. i do not think that gunton lends any real weight to that contention. indeed, the claimant in gunton was by amendment seeking damages continuing until his normal retirement age (subject only to the contingencies of redundancy or dismissal under a proper disciplinary process). these he was not ..... . she contends that these findings resulted from the fact that (in breach of the contractual disciplinary procedures) the disciplinary panel was not properly constituted and acted in a manner which was procedurally unfair. this breach, she submits, occurred independently of the dismissal. 56. the undisputed facts are that mr edwards' ..... code of practice relevant to a question arising in unfair dismissal proceedings was to be taken into account in determining that question. under the 2002 act, parliament adopted the direct approach of introducing mandatory dispute resolution procedures and, if a statutory procedure had not been completed for reasons attributable to the .....
Tag this Judgment!Court : UK Supreme Court
..... strongly in this direction. assuming that the european union will in due course formally subscribe to the european convention on human rights, as contemplated by the treaty amendments introduced under the treaty of lisbon, the expectation will receive still further reinforcement. 24. in the present case, the home office applied for and obtained the ..... sharland to this suggestion. despite this, in october 2008, more than two years later, the minister (or a civil servant acting on his behalf) felt that para 6 of the tribunal's reasons required amendment. he directed that it should be changed so as to read as follows: "the respondents made the applications at paras 5. ..... ) rules 2004 which are contained in schedule 2 to the 2004 regulations. the reasons were amended by the minister (or, more probably, by someone acting on his behalf) and were eventually issued to the claimant and his advisers in their amended form on 15 october 2008. 96. the reasons that the tribunal proposed to give mr tariq .....
Tag this Judgment!Court : US Supreme Court
..... arkansas, it is sufficient here to say, so far as it respects the objection, that the offense was committed out of its limit and within the indian country. the language of the amendment is too particular and specific to leave any doubt about it: "the accused shall enjoy the right to a speedy and public trial by an impartial ..... were vested in the courts of the united states for said territory before the same became a state, and that for the sole purpose of carrying the act into effect, all that indian country theretofore annexed by said 24th section to the said territory should be annexed to the state of arkansas. as we have already stated, the crime ..... not, as it appears to me, overcome the objections. numerous instances are cited where the territory of a judicial district has been changed, provision being made in the act that the jurisdiction should be continued where suits had been commenced. this shows the necessity of such a provision, and is an argument against the exercise of the .....
Tag this Judgment!Court : US Supreme Court
..... that the full period of four months from the receipt of the securities had passed -- indeed, more than six months had passed -- before the enactment of this amendment, page 102 u. s. 622 and the bankruptcy proceeding had been initiated within that period and the assignee appointed. the rights of the parties were therefore fixed before ..... until two months after the passage of this act." this suit was commenced may 11, 1875, and in the answer of defendants the ..... congress, on the twenty-second day of june, 1874, passed an amendatory act, in which is found this clause: "that in cases of involuntary or compulsory bankruptcy the period of four months mentioned in section 35 of the act to which this is an amendment, is hereby changed to two months, but this provision shall not take effect .....
Tag this Judgment!Court : US Supreme Court
..... the law itself were valid, there is no intimation that the state of tennessee has passed page 106 u. s. 640 any law or done any act forbidden by the fourteenth amendment. on the contrary, the gravamen of the charge against the accused is that they conspired to deprive certain citizens of the united states and of the state ..... v. rhodes, 1 abb. (u.s.) 28; mr. justice bradley, in united states v. cruikshank, 1 woods 308. congress has, by virtue of this amendment, declared in sec. 1 of the act of april 9, 1866, c. 31, that all persons within the jurisdiction of the united states shall have the same right in every state and territory to ..... there is another view which strengthens this conclusion. if page 106 u. s. 643 congress has constitutional authority under the thirteenth amendment to punish conspiracy between two persons to do an unlawful act, it can punish the act itself, whether done by one or more persons. a private person cannot make constitutions or laws, nor can he with authority .....
Tag this Judgment!Court : US Supreme Court
..... was urged that the jurisdiction of the case belonged exclusively to the state courts of ohio, under the 7th article of the amendments to the constitution, and the 16th section of the judiciary act of 1789 was invoked to sustain the position, it seems it was forgotten that this court and other courts of the united ..... townships, or otherwise make partition among the owners; and, among other things provided, "that, to defray all necessary expenses of the company in purchasing and extinguishing the indian claim of title to the land, surveying, locating, and making partition, and all other necessary expenses of said company, power is hereby vested in the said directors, ..... respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding indians not taxed, three fifths of all other persons." we will suppose that congress shall again impose a direct tax, and that a citizen liable to assessment should .....
Tag this Judgment!Court : US Supreme Court
..... to secure the fulfillment of contract obligations, and insure protection against punishment by legislative decree or by retrospective legislation. by the first section of the fourteenth amendment, which had its origin in the new conditions and necessities growing out of the late civil war, further restraints were placed upon the power of the ..... . 703 ; railway co. v. humes, 115 u. s. 512 , 115 u. s. 519 . it is also contended that the act of may 21, 1885, is in conflict with the fourteenth amendment in that it deprives the defendant of his property without that compensation required by law. this contention is without merit, as was held in mugler ..... plaintiff in error contends, denies to him certain rights and privileges specially claimed under the fourteenth amendment to the constitution of the united states. by acts of the general assembly of pennsylvania, one approved may 22, 1878, and entitled "an act to prevent deception in the sale of butter and cheese," and the other approved may 24, .....
Tag this Judgment!Court : US Supreme Court
..... the courts of the united states as to the commerce and contract clauses of the constitution and the due process and equal protection clauses of the fourteenth amendment were sought to be traversed by copious averments concerning the subject. finally it was asserted, 1, that the missouri corporation was never authorized to acquire ..... stated, was repugnant to the commerce clause of the constitution, the due process clause of the fourteenth amendment, and the contract clause, the latter being based on the assertion that the congressional and legislative acts by which the roads forming part of the system of the company had been incorporated constituted contracts giving a ..... any railroad in either the indian or oklahoma territory, and it therefore had no standing to assert as a missouri corporation, its ownership and control of such roads as a basis for .....
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