Court : UK Supreme Court
..... in the emphasised passages) on three steps: i) the meaning of the term "material considerations" must be consistent throughout the act, including as between section 70 and section 97. ii) the authorities show that financial considerations unrelated to the use and development of land are not material in relation to the grant or refusal of planning permission. they cannot therefore be material in ..... purposes of the appeal, is: "in considering under section 97 of the town and country planning act 1990 whether it appears to a local planning authority to be expedient to revoke or modify a permission to develop land, is it always open to that local planning authority to have regard to the compensation that it would or might have to pay under section 107 .....
Tag this Judgment!Court : UK Supreme Court
..... being asked to make is to protect the interests of the client. that is a significant departure from existing principles. the rule may have been established before certain developments in law and practice in particular the modern evolution of the law of negligence and the practice of paying expert witnesses to give their opinions in civil ..... established is not a sufficient reason for blessing it with eternal life. circumstances change as do attitudes to the policy reasons which underpin the immunity. the common law develops in response to these changes. the history of the rise and fall of the immunity of advocates provides a vivid illustration of the point. as lord reid ..... include a paramount duty to the court and the public, which may require the advocate or the witness to act in a way which does not advance the client's case. the advocate must disclose to the court authorities that are unfavourable to his client. the expert witness must give his evidence honestly, even if this involves .....
Tag this Judgment!Court : UK Supreme Court
..... to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for him of services by a local authority under this part; (b) his health or development is likely to be significantly impaired, or further impaired, without the provision for him of such services; or ( ..... the facts of the particular case). with a few limited extensions, it defines the outer boundaries of the jurisdiction of both courts and local authorities under the 1989 act. this is an act for and about children. if ever there were a jurisdictional fact, it might be thought, this is it. the final arguments raised against ..... are normally presumed to have done so deliberately and not by mistake. the second point is that the same definition of "child" applies throughout the 1989 act. the 1989 act contains a variety of powers and duties relating to children, some of them voluntary, but many of them coercive as against the child or his parents. .....
Tag this Judgment!Court : US Supreme Court
..... 319 u.s. 266 certiorari to the circuit court of appeals for the fourth circuit syllabus 1. upon this appeal under 25 of the tennessee valley authority act, the circuit court or appeals complied with the requirement that it dispose of the matter "upon the record, without regard to the awards or findings ..... present proceedings constitute a part of the site of its hiwassee dam, a multiple-purpose project constructed by the tennessee valley authority on the hiwassee river as part of the development of the tennessee river system for hydroelectric power production, navigation, and flood control. see report to the congress on the unified ..... acquire lands and rights by contract, deed, and condemnation, and threatened to construct a hydroelectric plant on the hiwassee river which would interfere with the development projected by carolina-tennessee. carolina-tennessee engaged in a long litigation to establish its rights as against its rival. that litigation established the prior and dominant .....
Tag this Judgment!Court : US Supreme Court
..... the public interest immediately and directly. capitalization is an essential factor bearing on an efficient transportation system for shipper, investor, and consumer. the development of the capitalization of the reorganized company, which is entrusted solely to the commission under the requirement that the plan be compatible with the public ..... outlined the course reorganization is to follow. it established standards for administration and placed in the hands of the commission the primary responsibility for the development of a suitable plan. when examined to learn the purpose of its enactment, section 77 manifests the intention of congress to place reorganization under the ..... to the commission was not a departure from precedent. the phrase had been employed long before in the grant of authority to supervise the issue of securities. section 20a, interstate commerce act. [ footnote 22 ] the problems of capitalization are of public interest. the corporate form is universally used for the .....
Tag this Judgment!Court : US Supreme Court
..... in accordance with state laws. the commissioner notes that there are special circumstances concerning the lower colorado river projects which explain the single exception. the act authorizing hoover dam required that it be used first for "river regulation, improvement of navigation, and flood control," and only thereafter for irrigation. 45 stat ..... . 30, 1935, 49 stat. 1028, 1038. in this act, on the representation of the chief of engineers that, as to the friant dam phase, "[n]o benefits would accrue to navigation from this development," (house doc. ..... , 1622. development of the water resources of central valley was initiated by the state of california. cal.stat. 1933, p. 2643. studies were made of the feasibility of federal participation, and although there was no accompanying appropriation, the first congressional authorization in connection with the project was contained in the act of aug .....
Tag this Judgment!Court : US Supreme Court
..... the undisputed fact to be page 340 u. s. 429 that the commission, in this modification proceeding, was not acting under 212 of the interstate commerce act, authorizing changes or revocations in operating authority, but under claimed power subsequently to impose conditions to insure that the operations would be auxiliary to, or supplemental of ..... valid. such restrictions hamper railroad companies in the use of their physical facilities -- stations, terminals, warehouses -- their personnel, and their capital in the development of their transportation enterprises to encompass all page 340 u. s. 444 or as much of motor transportation as the roads may desire. the announced ..... issue of the certificate or the certificate itself. if any such procedure should be undertaken by the commission, that answer should await a fully developed statement and argument by the interests affected. our reasons for holding that the commission may validly insert the proposed limitations in the certificate follow. .....
Tag this Judgment!Court : US Supreme Court
..... federal power commission, but in the event of any conflict, the provisions of this act shall govern in respect of the project herein authorized." thereafter, the power authority of the state of new york, a municipal corporation created under the laws of that state to develop the st. lawrence and niagara power projects, applied to the federal power commission for ..... the 1950 treaty, the senate imposed the condition that "no project for redevelopment of the united states' share of such waters shall be undertaken until it be specifically authorized by act of congress." 1 u.s.t. 694, 699. to that end, a study was made and reported to congress in 1951 by the united states army corps ..... of a license embracing the lands in question. pp. 362 u. s. 110 -115. (2) by the broad general terms of 21 of the federal power act, congress has authorized the federal power commission's licensees to take lands owned by indians, as well as those of all other citizens, when needed for a licensed project, upon payment .....
Tag this Judgment!Court : US Supreme Court
..... properties . . . of any air carrier. . . ." 49 u.s.c. 1378(a)(2). [ footnote 3/7 ] also, although the cab has express authority to enforce the clayton act, see 15 u.s.c. 21, i have found no instance of its ever having attempted to do so. [ footnote 3/8 ] since the court disposed ..... american carriers, under the policy of the post office department under the foreign mail contracts, was economically impossible, and most likely detrimental to the sound development of american flag service, which would have complicated or embarrassed the effective rendition of diplomatic assistance from the state department, and actually cause a waste of ..... reasonable charges, without unjust discriminations, undue preferences or advantages, or unfair or destructive competitive practices;" "(d) competition to the extent necessary to assure the sound development of an air transportation system properly adapted to the needs of the foreign and domestic commerce of the united states, of the postal service, and of the .....
Tag this Judgment!Court : US Supreme Court
..... federal government with emergency supplies; that the plaza replaced private homes of both caucasians and non-caucasians; that the city effected zoning changes to accommodate the development; that the defendant's securities were sold, its construction contracts were let, its building permits were issued and its shops and professional services established all ..... required to have a statute prohibiting racial discriminations in housing. second, it held the intent of 26 was to authorize private racial discriminations in the housing market, to repeal the unruh and rumford acts, and to create a constitutional right to discriminate on racial grounds in the sale and leasing of real property. ..... "that defendant received a $17,000,000, low interest rate loan under the national housing act to construct barrington plaza; that such sum represents 90 percent of the construction costs of the plaza; that the development is a part of the urban redevelopment program undertaken by the city of los angeles; that .....
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