Court : House of Lords
..... in paragraph 45 of his judgment, said that the revenue's problem, in arguing that countervailing advantages to the pirelli parent companies should be balanced against the disadvantage of the uk holding company having had to pay act soon after paying dividends to the pirelli parent companies, was that the harm suffered in consequence of the breach of community law was suffered by the united kingdom subsidiaries whereas the countervailing advantages were enjoyed by the pirelli parent companies ..... this interpretation of that decision is confirmed by what the european court said in oc van der grinten nv v inland revenue commissioners (case c-58/01) [2003] stc 1248, para 47 where, treating the matter as having been settled by its decisions in the epson and athinaiki cases, the court made it clear that a withholding tax is a tax on the income from ..... the opinions of my noble and learned friends lord nicholls of birkenhead, lord hope of craighead and lord walker of gestingthorpe, i would allow this appeal, set aside paragraphs 1 and 2 of the order made by park j on 22 january 2003 and remit the case to park j to decide the unresolved factual question referred to by lord nicholls in para 28 of his opinion ..... . the case was oce' van der grinten nv v inland revenue commissioners [2003] stc 1248 where, at paragraph 47 of its judgment, the court referred to the athinaiki case (and the epson europe case) as establishing that " any tax on income received in the state in which dividends are .....
Tag this Judgment!Court : House of Lords
..... like professor sir guenter treitel qc, fba ("the legal status of straight bills of lading" (2003) 119 lqr 608, 620) i am a little puzzled by the third sentence of para 145 of rix lj's judgment. ..... it is also true that it is necessary in some cases (as in homburg houtimport bv v agrosin private limited [2003] ukhl 12, [2004] 1 ac 715) to reject some printed conditions of a contract as inconsistent with other provisions. ..... professor sir guenter treitel qc, the legal status of straight bills of lading, (2003) 119 lqr 608, at 611) observed about the court of appeal decision that "there seems to be no good policy reason for distinguishing between straight and order bills, so that one can express one's respectful agreement ..... thus section 1(6) of the 1971 act provides: "(6) without prejudice to article x(c) of the rules, the rules shall have the force of law in relation to (a) any bill of lading if the contract contained in or evidenced by it expressly provides that the rules shall govern the contract, and (b) any receipt which is a non-negotiable document marked as such if the contract contained in or evidenced by it is a ..... law 1 and treitel, the legal status of straight bills of lading, (2003) 119 lqr 608 ..... but the court of appeal (peter gibson and rix ljj and jacob j) reached a different conclusion on this issue, for reasons given in a comprehensive and erudite judgment of rix lj and for additional reasons given by jacob j: [2003] ewca civ 556, [2004] qb 702, [2003] 2 lloyd's rep 113. .....
Tag this Judgment!Court : House of Lords
..... or their predecessors in business or any partner of the assured firm or any person at any time employed by the assured firm or their predecessors in business or any other person or entity for whose negligent act, error, omission, breach of duty or libel or slander or any allegation thereof the assured firm is legally responsible in or about the conduct of any professional services solely in respect of international work conducted by or on behalf of ..... : this policy is to indemnify an assured firm against any claim or claims solely in respect of international work made against an assured firm during the period set forth in the said schedule by reason of any negligent act, error, omission, breach of duty or libel or slander or any allegation thereof whenever or wherever the same was or may have been committed or alleged to have been committed on the part of the assured firm ..... there is also a claim against gti for violating united states securities laws, but gti does not suggest that that this can be covered by the second insuring ..... proceedings is the collapse in december 2003 of the italian company parmalat finanziaria spa ..... the period 15 december 2003 to 14 december 2004. ..... the proposal consisted of a completed and signed questionnaire dated 16th october 2003. ..... to insurers claim to have validly avoided the policy upon such non-disclosure as a breach of a warranty constituted by the basis of contract provision in the proposal signed by gt italy dated 16th october 2003. .....
Tag this Judgment!Court : House of Lords
..... i do not find it necessary to attempt in this opinion to define the limits of abuse of the process of the court, for it seems to me that both that area of the law and the one invoked on behalf of the respondent in the present case are applications of the same principle, viz the power of the court to prevent misuse of its procedure in a way ..... the principle that people should not be permitted to escape the consequences of their criminal conduct, the law discourages litigants from escaping the normal process of the law, a policy which the order permitting the appellant's evidence to be taken by vcf would tend ..... would hold that the appellant's case falls within the generality of cases where the fact that the claimant wishes to remain outside the united kingdom to avoid the normal processes of law in this country is not a ground for declining to allow him to remain abroad and give his evidence by vcf. 67. ..... 1995 act was the result of the recommendations of the law commission in their report on the hearsay rule in civil proceedings (law com ..... eady j gave a direction on this issue in a ruling on 9 october 2003, in which he carefully set out the several factors which he considered should be ..... as well as trials by judge alone, as noted by brooke lj in the judgment of the court in o'brien v chief constable of the south wales police [2003] ewca civ 1085, paras 68-69. ..... court of appeal has hesitated to exclude such evidence altogether: see phillips v symes [2003] ewca civ 1769. 80. ..... on 9 october 2003. .....
Tag this Judgment!Court : House of Lords
..... as will appear, i have not found it easy to understand the judgment; i shall have to look at some passages in detail, but the main source of my difficulty is that, with great respect to aldous lj, who is an acknowledged master of patent law, the questions of disclosure and enablement are so intermingled that it is often difficult to say which of them he is talking about. 40. ..... but the concept of enablement is used in other contexts in the law of patents (see biogen inc v medeva plc [1997] rpc 1, 47) and in particular as a ground for the revocation of a patent under section 72(1)(c): "the specification of the patent does not disclose the invention clearly enough and completely ..... although both may be necessary to secure valid protection, as section 14 of the act shows, they relate to different aspects of the law of patents. ..... this produces a degree of symmetry in the law and avoids divergence from the practice of the european patent office. 64 ..... i shall later have to discuss the law on disclosure and enablement and the relationship between them in some detail, but for the moment that is enough to explain the course which the proceedings took before the judge. 15 ..... the most relevant provisions of the patents act 1977 are sections 1, 2, 3, 5 and 14 ..... bankruptcy law and, until recently, the law of rating are comparable in this respect ..... applying the law to the facts (a) disclosure 34 ..... section 1(1)(a) of the patents act 1977 provides that a patent may be granted only for an invention which is new .....
Tag this Judgment!Court : House of Lords
..... -known case of r v birmingham city council ex p equal opportunities commission [1989] ac 1155 (in which proportionately fewer grammar school places were available for girls than for boys) was decided under domestic law years before the commencement of the 1998 act, but in convention terms it would have been a classic example of discrimination amounting to a breach under article 14, although there was no breach under the substantive article (since there is no general right to grammar school ..... . unregistered cohabitation was the subject of laws in new south wales (1999), victoria (2001), western australia (2002), tasmania (2003), canada (2000) (with a further law on marriage in 2005), new zealand (2002) (with a further law on registered partnership in 2004) and south africa (various laws from 1999 to 2003) ..... the calculations to be made are to be found in section 11 of and schedule 1 to the 1991 act and in regulations, the child support (maintenance assessments and special cases) regulations 1992 si 1992/1815 as amended by numerous later statutory instruments ("the regulations"). ..... these provisions are extremely complex and the complexity is increased by extensive changes made, with effect from 3 march 2003, by the child support, pensions and social security act 2000 (there have also been many other less extensive amendments). ..... after the proceedings started the impugned regulations were amended by the civil partnership act 2004. .....
Tag this Judgment!Court : House of Lords
..... the moulding of the common law suggested by mr luba would constitute the judicial amendment of an act of parliament so as to include a ..... where that court considered that relief on judicial review grounds could not assist the occupiers) such a regime is in principle incompatible with the convention rights which are given domestic effect by the human rights act 1998, in particular because any person at risk of loss of his or her home should in principle be able to have the proportionality of the measure determined by an independent tribunal in the light of ..... court judges conclusion that he could not or should not enquire into proportionality had been imposed on him by parliament (as for instance with an introductory or demoted tenancy under, para 1a or 1b of schedule 1 to the housing act 1985), or resulted from the housing authoritys action (under its normal policy, recorded in para 21 of the strasbourg judgment) in getting mrs mccann to give a notice to quit, or was caused by the judges ( ..... secretary of state for the environment, transport and the regions [2001] ukhl 23; [2003] 2 ac 295) and (b) situations where whether the discretion had to be exercised in a particular way in order to ensure a convention-compatible result would depend on the particular factual circumstances, as in r ..... the applicant was a man whose marriage had broken down and against whom a 3 month non- ..... marriage broke down, and the applicants wife moved out of the house with the two children of the marriage .....
Tag this Judgment!Court : House of Lords
..... i appreciate too the force of the point that the tribunal made in para 20 of its judgment in pitts and wang on the issue as to whether the appellant was prevented as a matter of law from contending for hope value that, by providing in section 9(1d) of the 1967 act that the marriage value must be divided equally, the statute envisaged a marriage value without regard to hope value. ..... although the determination of the price payable under section 9 was originally entrusted to the lands tribunal, section 21 as amended by section 142 of the housing act 1980 now requires the issue to be referred to a leasehold valuation tribunal (lvt), against whose decision an appeal lies to the lands tribunal. ..... gesso properties (bvi) ltd v scmlla ltd lra/13/2003. 69. ..... that is because the price he would be seeking for his interest would assume both the fact that the tenant was in the market (as the landlord is seeking half the marriage value) and that the tenant was not in the market (as the landlord is seeking hope value on the basis that the tenant is not in the market, but may be in the market in the future). ..... further, i have already referred to the unfairness and arbitrariness of excluding hope value arising from the possibility of non-participating tenants seeking new leases of their flats in the para 3 valuation, when marriage value arising from the rights of participating tenants to obtain new leases of their flats can, indeed must, be taken into account under the para 4 valuation. .....
Tag this Judgment!Court : House of Lords
..... cases involving qualified rights such as those under articles 8 and 9 is in my opinion that indicated by the immigration appeal tribunal (mr c m g ockelton, deputy president, mr allen and mr moulden) in devaseelan v secretary of state for the home department [2003] imm a r 1, para 111: the reason why flagrant denial or gross violation is to be taken into account is that it is only in such a case - where the right will be completely denied or nullified in the destination country - that it ..... lord bingham at para 24 referred with approval to the formula of the immigration appeal tribunal in devaseelan v secretary of state for the home department [2002] ukiat 702, [2003] imm ar 1, para 111: the reason why flagrant denial or gross violation is to be taken into account is that it is only in such a casewhere the right will be completely denied or nullified in the destination country ..... her evidence, accepted as true in these proceedings, is that during her marriage her husband subjected her to violence, beating her, trying to throw her off a balcony and trying, on one occasion at ..... the european convention on human rights, given domestic effect by the human rights act 1998, everyone in this country has the right to respect for their family life, which may be the subject of interference by a public authority only if the interference is lawful, proportionate and directed to a legitimate end. ..... set out in ullah and razgar and does not require redefinition or paraphrase, still less amendment. .....
Tag this Judgment!Court : House of Lords
..... nature of the disregard could succeed only if the pointe gourde rule was henceforth to be applied altogether more restrictively than ever before (or, indeed, as lord scott would hold, if it were to be found not to have survived the 1961 act), and if rule 3 (which, of course, mr holgate recognises does, where it applies, require unrealised potentiality to be disregarded) was as impotent as for many years it has been thought to be (although which, on lord scott's approach, would ..... , it seems to me very difficult, in the face of this statutory language, to take the view that there are other disregards, established by case law and to be found neither in the language of the 1919 act nor in that of the 1959 act, which have to be applied in order to reduce the value for compensation purposes of land that has been compulsorily acquired ..... . it follows also, in my opinion, that post the coming into effect of the 1919 act, and until some important statutory amendments were made following the 2nd world war, any special suitability or adaptability of land that was not caught and excluded by rule (3) ought to have been taken into account as constituting an enhancement to value to be ..... the history of the project is more fully set out in the judgment of the court of appeal: [2003] 4 all er 384, 387-391, and in the decision of the lands tribunal [2001] 1 ..... the marriage value ..... . the marriage value which a reversion has for a sitting tenant does not clothe the land with a special suitability .....
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