Court : House of Lords
..... prejudiced, but still honestly desirous of doing what they considered beneficial to their trade union and anxious only to promote its interests, even though their acts might be prejudicial to some or all of the employers of the labour which they represented. ..... where the rights of labour are concerned, the rights of the employer are conditioned by the rights of the men to give or withhold their services. ..... national amalgamated labourers' union (1903) 2 k.b. ..... national amalgamated labourers' union, 1903, 2 k.b. ..... national amalgamated labourers' union of great britain and ireland [1903] 2 k.b. ..... i may here note that the doctrine of civil conspiracy to injure extends beyond trade competition and labour disputes. ..... it is true that employers and workmen are often at variance because the special interest of each side conflicts in a material respect as, for instance, in questions of wages, conditions of hours of work, exclusion of non-union labour. ..... the circumstance that leathem had offered to satisfy the union's demands, the case might well have been regarded as one in which ordinary measures had been taken to promote the union's interests by excluding nonunion labour. ..... leathem, a butcher, had been employing non-union labour. .....
Tag this Judgment!Court : House of Lords
..... but, as the divisional court recorded in paragraph 12 of its judgment, endorsed by the court of appeal in paragraph 6, the labour party in 1997 had advocated new measures to promote animal welfare, including a free vote in parliament on whether hunting with hounds should be banned. .....
Tag this Judgment!Court : House of Lords
..... that is defined to include costs "specifically attributable to units of production" such as direct labour and expenses and also "production overheads" which are incurred "in respect of materials, labour or services for production, based on the normal level of activity, taking one year with another". ..... the reference to cost in this explanatory note includes expenditure on items such as labour and materials which have been identified as debits in the company's book keeping. .....
Tag this Judgment!Court : House of Lords
..... satisfaction of the court for his possession of the same shall be liable to a penalty not exceeding five pounds or in the discretion of the court to imprisonment for any term not exceeding two months with or without hard labour. .....
Tag this Judgment!Court : House of Lords
..... his complaint was (very unusually) made under article 4 of the convention (forced labour) and the judgment is authority to the proposition (para 43) that "work or labour that is in itself normal may in fact be rendered abnormal if the choice of the groups or individuals bound to perform it is governed by discriminatory factors. ..... until remarkably recently, married women were excluded from parts of the labour market. .....
Tag this Judgment!Court : House of Lords
lord hope of craighead my lords, 1. i have had the advantage of reading in draft the opinions of my noble and learned friends lord brown of eaton-under-heywood and lord judge, the lord chief justice. i gratefully adopt their admirable description of the legislative and factual background. for the reasons they give, with which i agree, i would dismiss all three appeals. 2. it may helpful if, by way of an introduction to the issues that they examine in much greater detail, i were to provide a sketch of the landscape within which the arguments that are before the house must be considered and give some brief reasons of my own for the conclusions that i have reached. submissions were made about the secretary of states duties in public law and the appellants rights under articles 5(1) and 5(4) of the european convention on human rights. the scope for argument differs under each of those heads, and so does the opportunity that each offers for an effective remedy. the public law duty 3. there is no doubt that the secretary of state failed deplorably in the public law duty that he must be taken to have accepted when he persuaded parliament to introduce indeterminate sentences for public protection (ipps) by section 225 of the criminal justice act 2003. he failed to provide the systems and resources that prisoners serving those sentences needed to demonstrate to the parole board by the time of the expiry of their tariff periods, or reasonably soon thereafter, that it was no longer .....
Tag this Judgment!Court : House of Lords
..... this is in recognition of the difficulty the widow may find in re-establishing herself in the labour market- whereas a widower's earning ability would not ordinarily be prejudiced in this way. 88. ..... the comparative disadvantage of women in the labour market had by no means disappeared. 32. ..... more and more women entered the labour market. .....
Tag this Judgment!Court : House of Lords
..... in the seventies and eighties text books cited norton tool as stating the law: rideout, principles of labour law, 1976, 2nd ed, pp 141-147; anderman, the law of unfair dismissal, 1978, pp 212, 217, 221, 222; hepple and o'higgins, employment law, 1979, 3rd ed, p 608; mead, unfair dismissal handbook, 1983, 2nd ed, pp 307- ..... for present purposes the re-enactment of section 116 by schedule 1, para 19, of the trade union and labour relations act 1974, by section 76 of the employment protection act 1975 and by section 74 of the employment protection (consolidation) act 1978 are not material. .....
Tag this Judgment!Court : House of Lords
lord hoffmann my lords, 1. the question in this case is whether it is consistent with convention rights as defined in section 1(1) of the human rights act 1998 for a couple to be excluded from consideration as adoptive parents of a child on the ground only that they are not married. the woman is the natural mother of the child. the man is not the father but he and the woman have been living together for some years and treat the child as a member of the family. there is some evidence before the house about the nature of their relationship but there have been no findings by the court because the application has been rejected in limine on the grounds that they are not married to each other. 2. the legal obstacle to their adoption application is article 14 of the adoption (northern ireland) order 1987 (si 1987/2203(ni 22)): (1) an adoption order shall not be made on the application of more than one person except in the circumstances specified in paragraph[s] (2) (2) an adoption order may be made on the application of a married couple where both the husband and the wife have attained the age of 21 years. 3. on the other hand, section 6(1) of the 1998 act provides that it is unlawful for a public authority to act in a way which is incompatible with a convention right and the family division of the high court is for this purpose a public authority. if the 1987 order were primary legislation, section 6(2) would require the court nevertheless to give effect to it. but the order is .....
Tag this Judgment!Court : House of Lords
..... i repeat, and will labour the point no further: if our domestic law is incompatible with article 8 (as it was in connors) then it is not for the county court judge to remedy it; he is to assume compatibility and simply apply the law as he finds it. .....
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