Court : House of Lords
..... to the management of privately owned care homes and to the use of them made by local authorities pursuant to their statutory duties and responsibilities under the national assistance act 1948. i gratefully adopt, and hope not to repeat unnecessarily, my noble and learned friends' exposition. 22. the issue which your lordships must ..... (yl or, in this case, ol) agreeing to meet the top up fee: section 54 of the health and social care act 2001 and regulation 4 the national assistance (residential accommodation) (additional payments and assessment of resources) (amendment) (england) regulations 2001 (si 2001/3441). in may 2006 the local primary care trust, south ..... [be] available to [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 .....
Tag this Judgment!Court : House of Lords
..... are violated shall have an effective remedy) of the convention. 161. although the echr recognised that the use of confidential material may be unavoidable where national security is at stake (paragraph 131) it said that techniques could be employed which accommodated legitimate security concerns and yet accorded the individual a ..... ", makes its priorities clear: 4. -(1) when exercising its functions, the commission shall secure that information is not disclosed contrary to the interests of national security, the international relations of the united kingdom, the detection and prevention of crime, or in any other circumstances where disclosure is likely to harm the ..... are subject to whatever express limitations are provided for in the relevant bilateral agreement and, indeed, because extradition may involve the sending countrys own nationals or others with rights of residence and not merely aliensit should be recognised too, and countervailingly, that there may be compelling reasons in .....
Tag this Judgment!Court : House of Lords
..... up by law enforcement machinery for the prevention, suppression and sanctioning of breaches of such provisions. article 2 may also, in certain well-defined circumstances", imply a positive obligation on national authorities to take preventative measures to protect an individual whose life is at risk from the criminal acts of another. the scope of this last obligation was the subject of ..... not only on what the authorities knew, but also on what they ought to have known. thus stupidity, lack of imagination and inertia do not afford an excuse to a national authority which reasonably ought, in the light of what it knew or was told, to make further enquiries or investigations: it is then to be treated as knowing what such .....
Tag this Judgment!Court : House of Lords
LORD HOFFMANN My Lords, 1. I have had the advantage of reading in draft the speech of my noble and learned friend Lord Neuberger of Abbotsbury. For the reasons he gives, with which I agree, I would allow the appeals in Knowsley Housing Trust v White and Porter v Shepherds Bush Housing Association, but dismiss the appeal in Honeygan-Green v Islington London Borough Council. LORD WALKER OF GESTINGTHORPE My Lords, 2. I have had the privilege of reading in draft the magisterial opinion of my noble and learned friend Lord Neuberger of Abbotsbury. I am in full agreement with it, and for the reasons that Lord Neuberger gives I would dispose of these three appeals as he proposes. 3. I venture to add one brief footnote, and I do so largely as a matter of respect for Lord Browne-Wilkinson, who gave the leading speech in this House in Burrows v Brent London Borough Council [1996] 1 WLR 1448. Lord Browne-Wilkinson did not, as I read the authorities, invent the rather unfortunate phrase “tole...
Tag this Judgment!Court : House of Lords
..... , that a member state may take steps to prevent marriages of convenience. they further establish, again consistently with the resolution, that where a third-country national proposes to marry within the jurisdiction the member state may properly check whether the proposed marriage is one of convenience or not and seek information necessary for that ..... the genuineness of a proposed marriage, which is the only relevant criterion for deciding whether permission should be given to an applicant who is qualified under national law to enter into a valid marriage. it may be that persons falling within the categories specified in the instructions are more likely to enter into ..... not arise, either in the minds of the parties or in the community, about who is married and who is not". article 12 does also envisage national laws governing the capacity to marry, but these must obviously be non-discriminatory and consistent with the fundamental principles of dignity, equality and freedom which underlie the .....
Tag this Judgment!Court : House of Lords
..... other institutions of the iraqi interim administration, and key humanitarian and economic infrastructure; 14. urges member states to contribute assistance under this united nations mandate, including military forces, to the multinational force referred to in paragraph 13 above; 15. decides that the council shall review the requirements ..... peace and security, and acting under chapter vii of the un charter, the council determined on the deployment in kosovo, under united nations auspices, of international civil and security presences a special representative appointed by the secretary general was to control the implementation of the international ..... by providing humanitarian relief, promoting the economic reconstruction of and conditions for sustainable development in iraq, and advancing efforts to restore and establish national and local institutions for representative government". the secretary general was to report to the security council on his responsibilities under the resolution. in .....
Tag this Judgment!Court : House of Lords
..... . similar events take place on the last friday of every month in many other cities throughout the world. critical mass starts at the same location (the south bank, near the national theatre) at the same time (6 pm). it is featured in time out magazine. it is in the nature of critical mass that there is no fixed, settled or predetermined ..... . similar events take place on the last friday of every month in many other cities throughout the world. critical mass starts at the same location (the south bank, near the national theatre) at the same time (6 pm). it is featured in time out magazine. it is in the nature of critical mass that there is no fixed, settled or predetermined .....
Tag this Judgment!Court : House of Lords
..... variety of propositions, but the better accepted view is that a duty is owed by directors to the company (and not to the creditors themselves: kuwait asia bank ec v national mutual life nominees ltd. [1991] 1 ac 187 at 217 pc; yukong line ltd. v. rendsburg investments corp (no 2) [1998] 1 wlr 294 [toulson j]), and this duty requires ..... contributory negligence. yet such lack of care could not be prayed in aid by sandr in answer to claims framed by the banks in deceit - standard chartered bank v pakistan national shipping corpn (nos 2 and 4) [2002] ukhl 43; [2003] 1 ac 959. nor is there any obvious mechanism by which such lack of care could be relied upon by .....
Tag this Judgment!Court : House of Lords
..... to the lack of implementing legislation, generate state responsibility. by contrast, in the case of torture, the requirement that states expeditiously institute national implementing measures is an integral part of the international obligation to prohibit this practice. consequently, states must immediately set in motion all those ..... international prohibition of torture generates international state responsibility. the value of freedom from torture is so great that it becomes imperative to preclude any national legislative act authorising or condoning torture or at any rate capable of bringing about this effect. (b) the prohibition imposes obligations erga omnes ..... freedoms as well as other provisions of international law, including, where applicable, international humanitarian law", went on to provide: "article 3 - national prevention policies 1 each party shall take appropriate measures, particularly in the field of training of law enforcement authorities and other bodies, and in the .....
Tag this Judgment!Court : House of Lords
..... of the immigration ordinance 2000 which 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 ..... outer islands (let alone sporadic visits by mr bancoult and other chagossians) was not perceived to threaten the security of the base on diego garcia or national security more generally. had it been, time and money would not have been devoted to exploring the feasibility of resettlement. (2) the united states government ..... supporters would use the chagossians and the united kingdoms obligations to the people of a non-self-governing territory under article 73 of the united nations charter to prevent the construction of a military base in the indian ocean. 11. when the chagossians arrived in mauritius they found themselves in a country .....
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