Court : UK Supreme Court
Decided on : Oct-30-2013
..... to be treated as unable to make a decision simply because he makes an unwise one: section 1(4). but both at common law and under the act, those who act or make decisions on behalf of a person who lacks capacity must do so in his best interests: section 1(5). how then is it to be ..... decision for himself. 19. however, any treatment which the doctors do decide to give must be lawful. as lord browne-wilkinson put it in airedale nhs trust v bland [1993] ac 789, which concerned the withdrawal of artificial hydration and nutrition from a man in a persistent vegetative state, ". . . the correct answer to the present case depends ..... care tasks could cause discomfort, pain and suffering. overall, his prospects of leaving the critical care unit, let alone the hospital, were extremely low. 4. the official solicitor, acting on mr james' behalf, had instructed an independent specialist, dr danbury, to investigate. his diagnosis and prognosis were consistent with that of the other doctors. 5. as to mr .....
Tag this Judgment!Court : UK Supreme Court
Decided on : Oct-23-2013
..... 363, would have applied the same principle to get round what was then perceived to be another problem with the law of vicarious liability, that its theoretical foundation was supposed to be the control which the employer could exercise over the manner in which the employee did his work. this provides a ready answer to the ..... caused by one of his employees to another. but mcdermid shows that it not only survived the abolition of that doctrine by the law reform (personal injuries) act 1948 but also applied where performance of the duty was delegated to an independent contractor. also, given that there exists a contract of employment between employer and ..... mischief suggest that there should be a special responsibility on a school authority to care for their safety, one that goes beyond a mere vicarious liability for the acts and omissions of its servants. ... 32. by establishing a school which was "maintained" on its behalf at which parents could enrol their children for instruction pursuant .....
Tag this Judgment!Court : UK Supreme Court
Decided on : May-15-2013
..... bradford [1987] ac 795. 38. universities have a good deal in common with organised religion, being charitable bodies with a written constitution, consisting of a foundational document, the charter, together with the ordinances, statutes and regulations made under it. these have typically given rights to both staff and students, rights which were ..... because they provided for the minister's duties, remuneration, accommodation, and the like. it is somewhat unclear at what stage and by virtue of what acts the parties entered into the contract of employment which they discerned. the employment appeal tribunal appears to have thought that the contract was made "by the ..... stationing and collegially exercise pastoral responsibility for the church." 16. "stationing" is a critical part of the management of the church. it is the formal act by which a minister is assigned to particular duties. section 20 of the deed of union requires the conference annually to station ministers and probationers, although .....
Tag this Judgment!Court : UK Supreme Court
Decided on : Jan-23-2013
..... my and k 98, lord brougham lc reviewed the case law going back to the late eighteenth century. in a judgment which is generally regarded as the foundation of the modern law, he held that the privilege was unaffected by the question whether proceedings were pending or contemplated, "for a person oftentimes requires the aid ..... ) association inc [1970] ac 874, 898f-g, and the courts have implicitly addressed it on many occasions. woolwich equitable building society v inland revenue comrs [1993] ac 70 is one of them. the house of lords extended the right to restitution of unlawfully demanded tax, notwithstanding that important policy considerations were engaged and ..... its existing limits. 65. in addition, there is the fast changing landscape of the legal terrain following the passing and implementation of the legal services act 2007. that act is also another indication that parliament is ready to change common law practices which involve special rules for lawyers when it wishes to do so. 66 .....
Tag this Judgment!Court : UK Supreme Court
Decided on : Oct-16-2013
..... those wild savage beasts, with whom men can have no society nor security." the same view was taken by others who identified the social contract as the foundation of the state, including thomas hobbes and jean-jacques rousseau. 126. it is tempting to regard the present british rule about prisoners' voting rights as a distant ..... to 63% in the crown court (for an overview of sentencing trends in the last 20 years, see ministry of justice, the story of the prison population 1993-2012, 2013). some of the rise may be accounted for by the greater seriousness of the offences coming before the courts, but this cannot be the whole ..... its place under our constitutional arrangements as a self-standing democratically elected legislature. its democratic mandate to make laws for the people of scotland is beyond question. acts that the scottish parliament enacts which are within its legislative competence enjoy, in that respect, the highest legal authority. the united kingdom parliament has vested in .....
Tag this Judgment!Court : UK Supreme Court
Decided on : May-09-2013
..... judgment of sir richard scott v-c [1998] ch 512, was largely concerned with the jurisdiction of the pensions ombudsman under part x of the pension schemes act 1993. the general tenor of the court of appeal's judgment is that neither the ombudsman nor the court has power to intervene in decisions made by trustees unless ..... not exceed three years in february 2004. had the facts been contested, i might not have felt able to make this finding." 113. on the rather uncertain foundation of that finding the judge decided that the assignment of 3 february 2004 should be set aside (para 30): "by that time mr griffiths was suffering from lung ..... director of public prosecutions v hutchinson [1990] 2 ac 783). 14. in the field of trust law the most common invalidating factor, until the perpetuities and accumulations act 1964, was the unreformed rule against perpetuities, or remoteness of vesting. this applied relentlessly both to dispositions of property made by settlors or testators of property at their .....
Tag this Judgment!Court : UK Supreme Court
Decided on : Jul-03-2013
..... was very recently re-affirmed in attorney general's reference no 32 of 1996 (r v whittaker). in attorney general's reference no 34 of 1992 (r v oxford) (1993) 15 cr app r(s) 167, r v hodgson was indeed specifically relied on as laying down principles which were described as 'not in dispute'. it is in our ..... the public are now properly protected by the imposition of the sentence of imprisonment for public protection. in such cases, therefore, the cases decided before the criminal justice act 2003 came into effect no longer offer guidance on when a life sentence should be imposed. we think that now, when the court finds that the defendant satisfies the ..... of the parole board's function in relation to release of a discretionary life prisoner, using language subsequently reproduced in section 28(6)(b) of the crime (sentences) act 1997. the parole board was not to give a direction with respect to a discretionary life prisoner unless "satisfied that it is no longer necessary for the protection of .....
Tag this Judgment!Court : UK Supreme Court
Decided on : Dec-18-2013
..... in the course of disciplinary proceedings between employer and employee its role is not the "micro-management" of such proceedings: kulkarni v milton keynes hospital nhs foundation trust [2010] icr 101, para 22. such intervention would produce unnecessary delay and expense. but in this case the irregularities, particularly the first and third, ..... as quasi-judicial in nature. the latter made findings of fact after hearing evidence which would often have been tested by cross-examination. the authority then acted on the facts which the investigating panel had determined. by contrast, under policies d4a and d4 the case investigator enquires into the facts by interviewing people ..... performance. the relevant procedures 2. in december 2003 the secretary of state for health exercised his powers under section 17 of the national health service act 1977 to give directions called the restriction of practice and exclusion from work directions 2003. these required all nhs bodies to comply with a document .....
Tag this Judgment!Court : UK Supreme Court
Decided on : Jul-10-2013
..... its social services asylum team had carried out a fresh assessment in accordance with the merton guidelines and accepted that his date of birth was 1 february 1993. the secretary of state in turn accepted the fresh assessment. 11. the appellant's application for permission to apply for judicial review against hampshire and ..... . it explains that local authorities will often have a duty to provide accommodation and support to an unaccompanied asylum seeking child under provisions of the children act 1989. as part of its duties, the local authority will normally conduct an assessment of the applicant's age in order to determine eligibility for children ..... to carry out an age assessment; iii) an order requiring cardiff to provide suitable age-appropriate support and accommodation to the appellant, pursuant to the children act 1989, pending completion of the age assessment and the judicial review proceedings; iv) a declaration that the secretary of state's detention of the appellant and .....
Tag this Judgment!Court : UK Supreme Court
Decided on : Mar-13-2013
..... had emphasised the importance of recognising the substance and reality of the matter (customs and excise commissioners v professional footballers' association (enterprises) ltd [1993] 1 wlr 153, 157; [1993] stc 86, 90), and the judgments in redrow cannot have been intended to suggest otherwise. on the contrary, the emphasis placed upon the ..... were the consideration for a service supplied to the customers by parcelforce. the majority of the house however rejected that analysis, holding that plantiflor was acting as a principal and received consideration from its customers for providing them with the service of arranging the delivery of the plants. parcelforce made two supplies ..... confers on the court of justice jurisdiction to give preliminary rulings concerning (a) the interpretation of the treaties and (b) the validity and interpretation of acts of the institutions, bodies, offices or agencies of the union. in the present case, it is the court's jurisdiction to rule on the interpretation .....
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