Court : House of Lords
..... believing that an individual would face a real risk of being subjected to treatment contrary to article 3 if removed to another state, the responsibility of the contracting state to safeguard him or her against such treatment is engaged in the event of expulsion. in these circumstances, the activities of the individual in question, ..... article 3. in contending that there was no such risk the united kingdom had relied on the fact that they had sought and received assurances from the indian government. the court referred to the fact that despite the efforts of the government and the courts the violation of human rights by the security forces remained ..... that the convention shall not apply to any person with respect to whom there are serious reasons for considering that he has been guilty of various acts, including (c) acts contrary to the purposes and principles of the united nations". there seems little doubt that encouraging terrorism is contrary to those purposes and principles. but the .....
Tag this Judgment!Court : House of Lords
..... islands) who called themselves ilois (creoles des iles) and whose families had in some cases lived in the islands for generations. with the assistance of contract labour from the seychelles and mauritius, the ilois were mainly employed in tending the coconut trees and producing the copra. 5. the evidence suggests that the ..... made special provision for persons (like mr bancoult and the chagossians) who were british dependent territories citizens under the british nationality act 1981 by virtue of their connection with the british indian ocean territory, together with their spouses and dependent children. mr bancoult and his fellows were clearly intended to think, and did ..... remains in place, subject to potential but presently irrelevant qualifications, unless and until varied (as it was in the case of biot under the british indian ocean territory courts ordinance 1983 which provided for english law to apply in biot so far as applicable and suitable and subject to any necessary modifications, .....
Tag this Judgment!Court : House of Lords
..... unavoidable. in my opinion it is necessary to treat the question whether this is a case of "employment" within the meaning of section 82(1) of the 1975 act ("the contract issue") as a separate issue from the question whether, assuming that this is a case of "employment" as so defined, the appellant's complaint is excluded from ..... not 'employed' by the respondents who appoint her." 102. rejecting the argument that the agreement between the appellant and the respondents comprised a contract of employment for the purposes of the 1975 act, however, the lord president said at p 763h that properly construed the agreement was one for the appellant to perform the duties of a ..... subject to the control and direction of any particular master. so they did not satisfy the conditions of part i of the first schedule to the act as they were not employed under "any contract of service": see section 1(2) and part i (a) of the first schedule. their position was contrasted with that of lay missionaries, .....
Tag this Judgment!Court : House of Lords
..... from macao to china to face criminal charges. the court recognised that 'jurisdiction' under article 1 is not limited to the national territory of contracting states. their responsibility can be involved because acts of their authorities produce effects outside their own territory: drozd and janousek v france and spain (1992) 14 ehrr 745, para 91. ..... for foreign and commonwealth affairs [2001] qb 1067. in that case the applicant sought judicial review of an ordinance made by the commissioner for the british indian ocean territory under powers similar to those conferred by the 1985 order on the commissioner for sgssi. the secretary of state and the commissioner were both respondents ..... eg in settling the form of the 1931 lease; but it was not the government." quark was unable satisfactorily to distinguish this authority. 15. in ex p indian association of alberta, above, the issue (see p 909) was whether obligations which the applicants sought to enforce were owed by "her majesty in right of .....
Tag this Judgment!Court : House of Lords
..... the appellants does not preclude them from claiming the protection of their convention rights. by article 1 of the convention (which has not been expressly incorporated) the contracting states undertook to secure the listed convention rights "to everyone within their jurisdiction". that includes the appellants. the european court has recognised the convention rights of non ..... be made to the important decision of the european court of human rights in chahal v united kingdom (1996) 23 ehrr 413. mr chahal was an indian citizen who had been granted indefinite leave to remain in this country but whose activities as a sikh separatist brought him to the notice of the authorities both ..... appellants is unlawful under domestic law. the echr is not part of domestic law except to the extent that it has become so under the 1998 act. the 1998 act did not entrench the articles of the echr so as to bar parliament from subsequently enacting legislation inconsistent with those articles. parliament can, if it .....
Tag this Judgment!Court : House of Lords
..... territorial", and added (para 67): "67. in keeping with the essentially territorial notion of jurisdiction, the court has accepted only in exceptional cases that acts of the contracting states performed, or producing effects, outside their territories can constitute an exercise of jurisdiction by them within the meaning of art 1 of the convention." ..... their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence. 2. the contracting states shall not apply to the movements of such refugees restrictions other than those which are necessary and such restrictions shall only be applied until their ..... the respondent and once again i shall simplify it. in 1986 there was a significant increase in the number of asylum seekers, in particular from the indian subcontinent and west africa. in the result the visa requirement was extended to india, pakistan, bangladesh, ghana and nigeria. icla was passed as a .....
Tag this Judgment!Court : House of Lords
..... depart from that decision under the practice statement (judicial precedent) [1966] 1 wlr 1234. the shipowners' position is straightforward. while they accept that the whole contract of carriage is subject to the hague-visby rules, they contend that the extent to which loading, stowage and discharging are brought within the carrier's obligations ..... since the decision in renton no academic writers have argued that renton should be reversed. 28. since renton was decided shipowners, charterers, shippers and consignees have acted on the basis that it correctly stated the law. it has formed the basis of countless bills of lading, voyage charterparties and time charterparties. charterparties would ..... considered incorporated in this bill of lading." the bills of lading incorporated the voyage charterparty. the hague-visby rules as enacted in indian legislation were applicable to this shipment. they correspond to the draft hague rules as enacted in the united kingdom by the carriage of goods by sea .....
Tag this Judgment!Court : House of Lords
..... paragraphs 67-68 of its judgment: "67. in keeping with the essentially territorial notion of jurisdiction, the court has accepted only in exceptional cases that acts of the contracting states performed, or producing effects, outside their territories can constitute an exercise of jurisdiction by them within the meaning of art 1 of the convention. 68 ..... article 1 of the echr: p 785, para 47. the notion of jurisdiction is essentially territorial. however, the ecthr has accepted that in exceptional cases acts of contracting states performed, or producing effects, outside their territories can constitute an exercise of jurisdiction by them within the meaning of article 1 of the echr: calan ..... 12. the principle in soering was followed in chahal v united kingdom (1996) 23 ehrr 413, a foreign case in which it was sought to deport an indian citizen, believed to be a sikh separatist, on grounds of his threat to national security. the strasbourg court upheld the applicant's complaint, and held: "80 .....
Tag this Judgment!Court : House of Lords
..... opinion, however, the "value to the seller" rule is at least implicit in rule (2) of section 2 of the 1919 act. it may be noted also that, if the indian act had been the act in force in trinidad, section 24 would have made it crystal clear that the $15,000 had to be disallowed. lord macdermott's ..... v basingstoke corporation [1966] 1 wlr 1100. the corporation was the acquiring authority. basingstoke was being expanded under the town development act 1952 to receive overspill population from london and the corporation contracted to purchase about 550 acres from a landowner on terms that the price would be assessed as though the land had been compulsorily ..... acquired under the 1952 act. about 383 of the 550 acres were, in the town development plan, designated for residential development. the .....
Tag this Judgment!Court : House of Lords
..... thirty per cent. (30%) of the sum which represents the excess net value ". the clause then proceeded to define " excess net value ". clause 7 provided for monthly returns of contract material sold or used by teco and industrial in the preceding month, and clause 8 provided for the monthly payment of royalty and compensation. clause 12 gave teco certain rights ..... has been given contractually, in my view, afford no assistance since in such cases the requirements with regard to notice must necessarily be dependent upon the construction of the contract by virtue of which the licence was obtained. i have not therefore thought it necessary to refer to the views expressed on that subject by the noble lords who took ..... , and is therefore null and void. section 38 (1) is in these terms: it shall not be lawful in any contract made after the passing of this act in relation to the sale or lease of, or licence to use or work, any article or process protected by a patent to insert a condition the effect of .....
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