Court : House of Lords
..... the vehicle for doing so has been the 1951 geneva convention relating to the status of refugees, as amended ("the convention"), which was the subject of agreement between states over 50 years ago, when the problems of the time inevitably differed ..... the more closely the persecution in question is linked to the state, and the greater the control of the state over those acting or purporting to act on its behalf, the more likely (other things being equal) that a victim of persecution in one place will be similarly ..... must be found in the 1951 united nations convention relating to the status of refugees, as amended by the 1967 protocol, and in such exegesis of the convention as commands clear international acceptance ..... as in so many other cases the crux of the argument is found in the amended definition of a "refugee" in article 1a(2) of the refugee convention as any person who "owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion ..... the material portion of article 1a(2) of the convention (as amended) defines a refugee as any person who "owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his ..... the contributors to refugee protection in international law, ed feller, t rk and nicholson, (2003) acknowledge that there are differing approaches to this matter: see, for .....
Tag this Judgment!Court : House of Lords
..... that: (a) though the defence of unjust enrichment could operate in a discriminatory way as between payment and repayment traders where the overpayment resulted from, inter alia, failure to zero-rate outputs, its incompatibility with community law would lie in its non-application to repayment traders, not in its application to payment traders; and (b) in any event, the claim would be barred under the new time limit because it was made well outside an ..... the house decided to make the reference with acknowledged reluctance, since there had been a previous reference in the same proceedings (case c-62/00 [2003] qb 866; [2002] stc 1036) and in july 2005 this complex litigation had already been on foot for more than ten years. ..... this was despite an amendment made in 1992 to section 10(3) of the value added tax act 1983, which was intended to correct an error in transposing the sixth directive into national law. ..... the advocate-general also cast doubt on the court of appeals conclusion about the teacakes claim ([2003] qb 866, 873-874; [2002] stc 1036, 1044, para 30): the order for reference does not mention the claim for repayment of vat erroneously paid in respect of teacakes. ..... the house can therefore dispose of the matter by allowing the appeal from the order dated 21 october 2003 of the court of appeal, and inviting submissions as to costs (if necessary) within fourteen days. ..... the court of justice was not happy with the terms of the first reference ([2003] qb 866; [2002] stc 1036). .....
Tag this Judgment!Court : House of Lords
..... prevailing in case of any inconsistency with the english text (fortunately there is no relevant inconsistency); (2) the convention should be considered as a whole and given a purposive interpretation; (3) the language of the convention should not be interpreted by reference to domestic law principles or domestic rules of interpretation; and (4) assistance can and should be sought from relevant decisions of the courts of other convention countries, but the weight to be given to them will depend upon the standing of the court ..... in contrast, mr robert webb qc appearing with mr lawson for british airways argues, in submissions that were adopted by mr lawson appearing for china airlines, that the balance struck by the warsaw convention as amended by the hague protocol allows limited scope for deeper examination of any underlying object or purpose behind its wording or, indeed, for examination of the consequences of any particular interpretation. ..... the convention as amended was incorporated into domestic law by the carriage of air act 1961 and is set out in the 1st schedule to that act. 3. ..... in the court of appeal, [2003] ewca civ 1005; [2004] qb 234, lord phillips of worth matravers mr, in a judgment with which judge and kay ljj agreed while adding some reasoning of their own, disposed of the appellants' claim on the basis that it ..... in the ontario court of appeal a canadian court came to a similar conclusion: mcdonald v korean air et al (2003) 171 oac 368. 37. .....
Tag this Judgment!Court : House of Lords
..... this suggestion led lord woolf cj to issue the practice direction (crown court: guidance to jurors) [2004] 1 wlr 665, which amended the consolidated criminal practice direction so as to provide inter alia: "iv.42.6 trial judges should ensure that the jury is alerted to the need to bring any concerns about fellow jurors to the attention ..... the jurors' deliberations, or the court of appeal could enquire into allegations of improper extrinsic influences even after the jury had returned their verdict, then in either event it must be lawful for a juror to disclose the deliberations of the jurors to the extent necessary to bring these matters to the attention of the trial judge or the appeal court. ..... freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of ..... when the matter came before the court again on 8 may 2003, the court decided to hear argument on whether a defence was available to a juror who disclosed the deliberations of the jury if the juror was motivated by a desire to ..... into what happened in the jury's deliberations, not by section 8 of the act but by the longstanding rule of the common law. ..... 2003 the divisional court (scott baker lj and pitchford j) held that no such defence was available: [2003 ..... 2 december 2003. .....
Tag this Judgment!Court : House of Lords
..... carefully considered statement by one of the most distinguished commercial judges of the twentieth century, who believed firmly in the principle that it is the task of a judge to administer the law as it stands: see the entry for lord devlin, written by professor tony honor , in the oxford dictionary of national biography, 2004, vol 15, pp 985-988. 12. ..... rules that 'the carrier shall properly and carefully load, handle, stow, carry, keep, care for and discharge the goods carried' because according to english law those words do not define the scope of the contract service but the terms upon which the agreed service is to be performed. ..... 2, reads as follows: "neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from - (i) act or omission of the shipper or owner of the goods, his agent or representative; (q) any other cause arising without the actual fault or privity of the carrier, or without the fault or neglect of the agents or servants of ..... in trades where the international brussels convention 1924 as amended by the protocol signed at brussels on february 23 1968 - the hague-visby rules - apply compulsorily, the provisions of the respective legislation shall be considered incorporated in ..... , protection and indemnity club rules have been drafted, and the inter-club new york produce exchange agreement concluded (see wilford coghlin and kimball, time charters, 5th ed, 2003, at para 20-39), on the basis that renton accurately reflected the law. .....
Tag this Judgment!Court : House of Lords
..... a power to give binding directions to hospital authorities (see section 17 of the 1977 act, in any of its recent amended forms) but that was not the power he was exercising when he issued the code. ..... guarantee in article 8(1) is supplemented and qualified by paragraph (2): "there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and ..... on human rights if ashworth were permitted to adopt a policy of its own; second, to ensure compatibility with convention rights, section 118 must accordingly be construed pursuant to section 3 of the human rights act 1998 to give greater weight to the code; third, once the code is given this additional weight, ashworth becomes disentitled to adopt a different policy of its own. ..... " in para 12.26 of its tenth biennial report 2001-2003 the commission repeated these observations, adding that it would wish ..... judgment of the court delivered by hale lj, the court of appeal (also including lord phillips of worth matravers mr and latham lj) declared the policy to be unlawful: [2003] ewca civ 1036, [2004] qb 395. ..... restrictions and limitations consequent on prison life and discipline in these circumstances will not constitute in principle a violation of this article: nowicka v poland [2003] 1 flr 417, para 71. ..... 2003. .....
Tag this Judgment!Court : House of Lords
..... as the commentary on section 18 of the 1977 act in current law statutes annotated 1977 points out, the reference to the armed forces was put into the act largely as the result of a speech during the consideration of the standing committee's amendments by mr p viggers mp, who was the member of parliament for gosport: (hansard (hc debates), ..... asylum seekers from entitlement to claim a range of social security benefits (including housing benefit) and accommodation under section 21 of the national assistance act 1948 was made plain by sections 115 and 116 of the 1999 act which generally applied to persons subject to immigration control, including those who (like asylum seekers) required leave to enter or remain in the united ..... the issue raised in these appeals was succinctly expressed by simon brown lj in the opening sentence of his leading judgment in the court of appeal ([2003] ewca civ 235, [2003] 1 wlr 1289, 1291): "is residence in a district in accommodation provided to a destitute asylum seeker under legislation which requires the provider to ignore any preference of the asylum seeker as to where he resides capable ..... was that residence in nass accommodation was never to be regarded as residence of the applicant's own choice: [2003] 1 wlr 1289, 1305, para 50 per simon brown lj. ..... reluctantly dissenting: [2003] 1 wlr 1289 ..... that about 94 per cent of the asylum-seekers housed by nass are now being accommodated outside greater london: home office asylum statistics, 3rd quarter 2003, p 7. .....
Tag this Judgment!Court : House of Lords
..... the important, but limited, question it raises is whether the human fertilisation and embryology authority ("the authority"), created by the human fertilisation and embryology act 1990 ("the 1990 act"), is empowered by the 1990 act to license tissue typing, a process by which embryonic cells are tested for their compatibility with the tissue of a sick sibling with a view to planting a compatible embryo into the mother's ..... i would therefore accept mr pannick's argument and hold that both pgd and hla typing could lawfully be authorised by the authority as activities to determine the suitability of the embryo for implantation within ..... that the authority were to propose licensing genetic selection for purely social reasons, parliament would surely act at once to remove that possibility, doubtless using for the purpose the regulation making power under ..... on 21 july 2004 the authority endorsed with amendment the following recommendation of its ethics and legal committee: "it was acknowledged that the hfea did not have any power to impose a condition that would prohibit any ..... facts of leeds teaching hospitals nhs trust v a [2003] 1 flr 1091. ..... 822, particularly with regard to legislation "dealing with a controversial subject involving moral and social judgments on which opinions strongly differ", as applied by lord bingham of cornhill in r (quintavalle) v secretary of state for health [2003] 2 ac 687. ..... to the house in r (quintavalle) v secretary of state for health [2003] 2 ac 687. .....
Tag this Judgment!Court : House of Lords
..... so, in california v green (1970) 399 us 149, the supreme court held that there was no violation of the sixth amendment when the defendant was convicted of supplying marijuana on the basis of pre-trial statements of a witness who gave evidence at the trial and who was subject to full ..... the question certified for us by the divisional court was this: "are the provisions of section 21(5) of the youth justice and criminal evidence act 1999 compliant with article 6 of the european convention on human rights insofar as they prevent individualised consideration of the necessity for a special measures direction at the stage at which the ..... mr starmer drew on another important strand in the case law on the sixth amendment as support for his argument that the normal form of trial in britain is also designed to give effect to a right of any defendant to be confronted with the witnesses against him and to look them in ..... where the witness is available for cross-examination at trial, the sixth amendment places no restraint on the use of any pre-trial statement which he ..... held, slip opinion, at p 14, that the principal evil against which it was directed "was the civil-law mode of criminal procedure, and particularly its use of ex parte examinations as evidence against the accused. ..... but, as interpreted by the supreme court, the sixth amendment appears to go much further towards requiring, as a check on accuracy, that a witness must give his evidence under the ..... [2003] ewca crim 1208, 28 march 2003, .....
Tag this Judgment!Court : House of Lords
..... my lords, i have so far outlined what should have occurred, but in the course of doing so i have indicated the irregularities that in fact occurred: first, mellham did not pay the act due on 14 january 1998; second, it was late in putting in its mct return, incorporating a repayment claim (and, it is said by the revenue, the return was in an incomplete state); third, there was a long delay (for which neither ..... she referred to some authorities on equitable set-off cited by counsel for mellham but did not accept their relevance: "i conclude that one cannot establish a set-off, whether at common law or equity it matters not, against an admitted liability, a right to repayment which can only arise once the admitted liability has been discharged. ..... the provisions for the assessment, collection and repayment of corporation tax in force between 1994 and 1999 were complex, and had to be gathered from the sometimes obscure provisions of tma 1970 (as amended) and icta 1988 (as amended). ..... no doubt the revenue were displeased at mellham's unexplained failure to pay the act, and some observations of buxton lj seem to reflect this displeasure (paras 20 to 21): "[20] had it paid its advance corporation tax as the statute required, in january, none of this trouble would have occurred and we would not have had to spend time investigating what i have to say are arcane matters of equitable law. ..... on 17 january 2003 the court (brooke and buxton ljj and morland j) dismissed the appeal: [2003] stc 441. .....
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