Court : House of Lords
..... in april, 1942, the appellant was told at the labour exchange that she must work at the factory. .....
Tag this Judgment!Court : House of Lords
..... supplementary award that the footing of the contract was removed, and his reason for so finding is that both parties entered into the contract on the basis that adequate supplies of labour and materials would be available at the times required but that adequate supplies were not available with the result that the duration of the work was unavoidably extended from 8 months to 22 months. ..... . later he says: no one can tell how long a spell of commercial depression may last; no suspense can be more harrying than the vagaries of foreign exchanges, but contracts are made for the purpose of fixing the incidence of such risks in advance, and their occurrence only makes it the more necessary to uphold a contract and not ..... that the contract price was subject to an express overriding condition contained in a letter of the 18th march, 1946, that there should be adequate supplies of labour and material and (b) that the contract had been entered into on the footing that adequate supplies of labour and material would be available to complete the work within eight months, but, contrary to the expectation of both parties, there was not sufficient skilled ..... having been asked to state his own conclusions he further found that both parties entered into the contract on the basis that adequate supplies of labour and material would be available at the times required, that such supplies were not so available and that, as the duration of the work was unavoidably extended from a period of eight months to .....
Tag this Judgment!Court : House of Lords
lord hoffmann my lords, 1. in 2000, newnham college decided to build a new library at a cost of about 7.5m. as an educational institution, newnham makes exempt supplies for the purpose of vat. making exempt supplies is all very well for the recipients, because they pay no vat. it is less attractive if you are the supplier, because you are not credited with the input tax on the goods and services on which you have been charged vat. for a famously poor womens college, the vat on the cost of the library was a large sum of money. 2. the college therefore took advice on a scheme which would enable it to recover the vat. the first step was to acquire a shelf company and call it newnham college library company ltd (the company). the college held all the shares and members of the college formed the board of directors. on the completion of the new library, the college leased it to the company for a term of 11 years at a reviewable rent of 165,000 a year. that in itself would have done the college no good, because a lease of land is also an exempt supply. however, the sixth directive, which requires member states to exempt leases, also gives them an option to allow taxpayers a right of option for taxation": article 13c(a). the united kingdom has availed itself of this option in paragraph 2 of schedule 10 to the value added tax act 1994: subject to sub-paragraph.[(3aa)]below, where an election under this paragraph has effect in relation to any land, if and to the extent that any .....
Tag this Judgment!Court : House of Lords
..... a sale", at its simplest, is the exchange of property for money and it is, i suggest, plain that a contract of sale of goods requires, if the contract is to justify that description, an intention that there should be the payment of a price in exchange for the transfer of property in the goods (see s.2(1) and (3), sale of goods act 1979). ..... description given by lord watson in allen v flood [1898] ac 1, 96 and lord lindley in quinn v leathem [1901] ac 495, 535, which was designed only to enforce standards of civilised behaviour in economic competition between traders or between employers and labour. .....
Tag this Judgment!Court : House of Lords
..... that in relation to the united kingdom this term must involve becoming employed because a8 state nationals are not admitted to the labour market when merely looking for work, and that it must also mean not just becoming employed but also remaining employed. ..... purpose of the scheme was to enable the united kingdom to monitor and review the arrangements for access by a8 state nationals to its labour market to determine whether further steps needed to be taken to prevent its disruption during the accession period as a result of the accession ..... scheme was first introduced its purpose was said to be to allow a8 state nationals access to the united kingdom labour market in a way that would enable the government to monitor the numbers working and the sectors where they were ..... the second is that its exclusion from derogation ensured that any workers from poland who did obtain access to the labour market in an existing member state under its national measures enjoyed the same guarantees against discrimination as regards conditions of employment and social and ..... subparagraphs above shall cease to enjoy the rights contained in those subparagraphs if they voluntarily leave the labour market of the present member state in question polish nationals legally working in a present member state at the date of accession, or during a period when national measures are applied, and who were admitted to the labour market of that member state for a period of less than 12 months shall not enjoy these rights .....
Tag this Judgment!Court : House of Lords
..... adverse opinion, the solicitors consented to an order made on 13 february 1997, whereby they were to furnish a schedule of special damages within 28 days and the parties were to be limited to one medical expert per side and were to exchange medical reports within three months. ..... in april 1997 the time for serving the schedule was extended by consent to 8 may and for exchange of medical reports to 8 july 1997. ..... there was also a claim for 25,000 for handicap in the labour market. .....
Tag this Judgment!Court : House of Lords
..... i say could be because the ordinary courtesies and exchanges of life would become impossible if it were sought to attach legal obligation to every kindly and friendly act. .....
Tag this Judgment!Court : House of Lords
..... in allen v flood [1898] ac 1, 164, lord shand likened the labour dispute in that case to one of 'competition in labour', which he said 'is in all essentials analogous to competition in trade, and to which the same principles must apply'. ..... a similar approach has been adopted in cases involving labour disputes. ..... in my opinion the courts should be similarly cautious in extending a tort which was designed only to enforce basic standards of civilised behaviour in economic competition, between traders or between employers and labour. ..... in emerald construction co ltd v lowthian [1966] 1 wlr 691, union officials threatened a building contractor with a strike unless he terminated a sub-contract for the supply of labour. .....
Tag this Judgment!Court : House of Lords
..... this authoritative statement of the position in australia must be preferred to the opinion of street cj in building construction employees and builders labourers federation of new south wales v minister for industrial relations (1986) 7 nswlr 372, 383 which was the one that sedley lj found the most illuminating: [2008] qb 365, 400-401, para 53. ..... at the end of 1966 there was an exchange of notes between her majestys government and the government of the united states by which the united kingdom agreed in principle to make biot available to the united states for defence purposes for an indefinitely long period of at ..... 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. ..... in duffy v ministry of labour and national insurance [1962] ni 6 legislation to safeguard the employment of northern ireland workers (to the detriment of others who did not so qualify) was held by lord macdermott lcj in the court of appeal to be clearly a matter within the ..... as to the latter submission, there may be issues about who in and after 1965 was an inhabitant of the biot, as opposed to an inhabitant of, say, mauritius or the seychelles working as temporary labour in biot. ..... down an order in council permitting the use of torture to obtain evidence and that the same would have almost certainly been the case with an order in council abolishing all recourse to law in a colony or introducing forced labour. .....
Tag this Judgment!Court : House of Lords
lord hoffmann my lords, the proceedings 1. kirin-amgen inc ("amgen"), a californian pharmaceutical company, is the proprietor of a european patent (ep 0148605b2) relating to the production of erythropoietin ("epo") by recombinant dna technology. epo is a hormone made in the kidney which stimulates the production of red blood cells by the bone marrow. the discovery by amgen of a method of making epo artificially for use as a drug was a significant advance in the treatment of anaemia, particularly when associated with kidney failure. amgen market it under the name epogen and the patent (which will expire on 11 december 2004) has been very profitable. 2. these appeals arise out of a dispute concerning both the validity and infringement of the patent between amgen and two other pharmaceutical companies. transkaryotic therapies inc ("tkt") is a massachusetts corporation. it has also developed a method of making epo, which it markets under the name dynepo. it uses a process which it calls "gene activation" and the product been referred to in this appeal as "ga-epo". hoechst marion roussel ltd ("hoechst") is the english subsidiary of a well-known multinational pharmaceutical company which has been proposing to import ga-epo into the united kingdom. in three consolidated actions, amgen claims that ga-epo infringes the claims of the patent in suit and tkt and hoechst claim a declaration of non-infringement and revocation of the patent. i shall for convenience refer to both hoechst and .....
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