Court : House of Lords
..... they are in my opinion well-attested by authorities such as shah and islam, above, pp 653-655; r(sivakumar) v secretary of state for the home department [2003] ukhl 14, [2003] 1 wlr 840, paras 41-42; sepet v secretary of state for the home department [2003] ukhl 15, [2003] 1 wlr 856, paras 21-23; suarez v secretary of state for the home department [2002] ewca civ 722, [2002] 1 wlr 2663, para 29; chen shi hai v minister for immigration and ..... the persecution has that plain origin and the cartel's subsequent decision to take punitive action against an individual related by marriage is fortuitous and incidental as would have been a decision to take punitive action against the stepfather's partners and their employees had the business ..... been said in relation to the age dimension in the interpretation and application of international refugee law, the range of potential claims where age is a relevant factor is broad, including forcible or under-age recruitment into military service, (forced) child marriage, female genital mutilation, child trafficking, or child pornography or abuse. ..... act 2003 re-enacted this offence: see for scotland the prohibition of female genital mutilation (scotland) act 2005 ..... article 1a(2) of the refugee convention as amended defines a "refugee" for purposes of the 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, is outside .....
Tag this Judgment!Court : House of Lords
..... freehold or leasehold property is acquired in the name of two parties, the effect of sections 1, 34, and 36 of the law of property act 1925 is that they must be joint owners of the legal estate: they enjoy equal rights in respect of an undivided ..... 1960s most of the reported cases are concerned with disputes between married couples, and many of them focus on the issue of whether section 17 of the married women's property act 1882 was purely procedural, or gave the court a discretion to vary the parties' beneficial interests to accord with the court's view of what was fair. ..... . indeed, at the time the home was acquired, any well-informed solicitor would have advised that the law was that such a declaration probably would not give rise to such an inference, in the light of the court of appeal's decision in huntingford v ..... cohabitation context, mercenary considerations may be more to the fore than they would be in marriage, but it should not be assumed that they always take pride of place over natural ..... there is evidence of a wide-spread myth of the "common law marriage" in which unmarried couples acquire the same rights as married after a period of cohabitation (a barlow et al, ..... cohabit before marriage - in 2003, 78.7% of spouses gave identical addresses before marriage, and the figures are even higher for second marriages. ..... to give the court new statutory discretions comparable to (but probably less far-reaching than) those exercisable under the matrimonial causes act 1973 (as amended). .....
Tag this Judgment!Court : House of Lords
..... but her majesty exercises her powers of prerogative legislation for a non-self-governing colony on the advice of her ministers in the united kingdom and will act in the interests of her undivided realm, including both the united kingdom and the colony: see halsburys laws of england (4th ed 2003 reissue) vol 6, para 716: the united kingdom and its dependent territories within her majestys dominions form one realm having one undivided crown ..... the order was also expressed to reserve to her majesty full power to make laws from time to time for the peace, order and good government of [biot] (including, without prejudice to the generality of the foregoing, laws amending or revoking this order)". ..... , sir frederic rogers, writing a memorandum on a south australian act designed to legalise the marriage of a man with his deceased wifes sister, described the position in this way: but a question not infrequently occurs whether there are not, in the english law, certain fundamental enactments of statute or principles of common law of so binding a nature that the legislation of all british dependencies must be conformable to them, and that colonial laws which are not so conformable are void; either in virtue .....
Tag this Judgment!Court : House of Lords
..... and the registrar general stated, in the annex to the law commissions report on solemnisation of marriage in england and wales (1973, law com no 53, para 4) the purpose of a sound marriage law is to ensure that marriages are solemnised only in respect of those who are free to marry and have freely agreed to do so and that the status of those who marry shall be established with ..... improve on the definition (which the secretary of state accepts as apposite) in article 1 of the ec council resolution 97/c382/01 of 4 december 1997 on measures to be adopted on the combating of marriages of convenience, according to which a marriage of convenience is a marriage concluded between a national of a member state or a third-country national legally resident in a member state and a third-country national, with the sole aim of circumventing the rules on entry and ..... ago, the marriage act 1949, amended from time to time since, remains the primary statute governing the solemnisation of marriages in england and ..... but from early days the right to marry has been described as fundamental", it has been made clear that the scope afforded to national law is not unlimited and it has been emphasised that national laws governing the exercise of the right to marry must never injure or impair the substance of the right and must not deprive a person or category of person of full legal ..... not precisely known, but she was granted exceptional leave to remain on 31 january 2003, to expire on 31 january 2007. .....
Tag this Judgment!Court : House of Lords
..... although the 1997 rules applied to wider classes of life sentence prisoners, and neither applied to mandatory life sentence prisoners until section 28 of the 1997 act was amended by section 275 of the criminal justice act 2003, which came into force on 18 december 2003. ..... adverse evidence is withheld from a prisoner and his legal representative he is better off with the limited help given by a specially appointed advocate than without it, unless there is lawful authority to conduct the hearing while withholding such evidence from the prisoner, which in the present context there is not. 31. ..... under our domestic law, that judgment is entrusted to the board, which has authority under section 28(5) of the crime (sentences) act 1997 as amended to direct the release of a tariff-expired mandatory life sentence prisoner, but may not do so unless (section 28(6)(b)) it is "satisfied that it is no longer necessary for the protection ..... there was no provision in the statute enabling the person whose licence had been revoked to seek a review of the lawfulness of his detention by any independent court or tribunal, and section 1(3) and (4) was plainly incompatible with article 5(4) of the convention: see ..... thus a tariff-expired mandatory life sentence prisoner such as the appellant has a right to bring proceedings to challenge the lawfulness of his continued detention and a right to be released, no matter what the enormity of the crime or crimes for which he was imprisoned, if he is judged to .....
Tag this Judgment!Court : House of Lords
..... he could have obtained his release by undertaking to observe the law and refrain from activities contrary to the offences against the state (amendment) act 1940, but instead challenged the lawfulness of the irish derogation. ..... my noble and learned friend lord hoffmann has recently addressed the latter topic in secretary of state for the home department v rehman [2003] 1 ac 153, 192-193, paras 50-54 (and also in his postscript, written after 11 september 2001, at p 195, para 62 and in r (prolife alliance) v british broadcasting corporation [2004] 1 ac 185, 240, paras 74-76. ..... in his speech in rehman (which was, as already noted, largely written before but delivered after 11 september 2001) lord hoffmann simply noted, [2003] 1 ac 153, 193, para 54: "if there is a danger of torture, the government must find some other way of dealing with a threat to national security". ..... even in such matters what simon brown lj said in international transport roth gmbh v secretary of state for the home department [2003] qb 728, 754, holds true: "there are limits to the legitimacy of executive or legislative decision-making, just as there are to decision-making by the courts. ..... " this view was also taken by the parliamentary joint committee on human rights, which in its eighteenth report of the session 2003-2004 (hl paper 158, hc 713, 21 july 2004), in para 4, observed: "derogations from human rights obligations are permitted in order to deal with emergencies. .....
Tag this Judgment!Court : House of Lords
..... ; (b) any question as to the admissibility of evidence; and (c) any other question of law relating to the case; and also, after the amendments made by section 310 of the criminal justice act 2003 had come into effect on 4 april 2005 (see para 93 infra), (d) any question as to the severance or joinder of charges" an explanation for the express reference to the determination by the judge of the questions mentioned in (b), (c) and (d) can be found in ..... , as lord mance has pointed out in paragraph 80 of his opinion, the amendments made by the criminal justice act 2003 did not come into effect in time to apply to these proceedings). ..... the act has been amended in a number of respects, notably by the criminal justice act 1988, the criminal justice and public order act 1994, the criminal procedure and investigations act 1996 and the criminal justice act 2003. ..... considerable progress can be made in the preparation and exchange of information under sections 3 to 8 of the criminal procedure and investigations act 1996, as amended by the criminal justice act 2003, before the trial judge engages in a detailed discussion as to how the trial is to be managed having regard to the purposes for ordering a preparatory hearing that are set out in section 7(1) of the 1987 act. .....
Tag this Judgment!Court : House of Lords
..... someone who is facing extradition wishes to appeal against the order of the district judge, does section 26(4) or 103(9) of the extradition act 2003 (the 2003 act) require that he should not only file his appellants notice but serve it on the respondent within the specified period of 7 or ..... concern the time limits in part 1 and part 2 of the extradition act 2003 governing appeals to the high court against an order of a district judge permitting ..... however, mr nicol qc, who appeared for the albanian government and the french prosecutor, did not put forward anything to show that, when the 2003 act was passed, this was recognised to be a significant problem with appeals in general or was anticipated as being a particular problem with extradition ..... , the court followed the earlier divisional court decision in government of albania v bleta [2005] ewhc 475 (admin), [2005] 3 all er 351, where very similar evidence as to the albanian law and practice was put before the court. ..... a real practical problem of late service under the present version of pd22.6a(3)(a), the lord chief justice has the power to address it by amending the direction to bring it into line with the practice direction of the house of lords, not to mention rule 34.3(1)(a) in the act of adjournal. ..... conclusion is consistent with the law as it is understood in relation to time limits for filing and service, when it comes to the operation of the limitation act 1980. ..... this section may be brought on a question of law or fact. .....
Tag this Judgment!Court : House of Lords
..... amendment) act was amended by the sexual offences act 2003 ..... he also prays in aid the observations of lord donaldson of lymington speaking extra-judicially in support of his parliament acts (amendment) bill (hl hansard, 19 january 2001, cols 1308-1309): "as your lordships well know, it is a fundamental tenet of constitutional law that, prima facie, where the sovereign parliament - that is to say, the monarch acting on the advice and with the consent of both houses of parliament - delegates power to legislate, whether to one ..... been sent up to the house of lords at least one month before the end of the session, has been rejected by that house in each of those sessions, shall become law without the consent of the house of lords on the royal assent being declared: provided that at least two years shall have elapsed between the date of the first introduction of ..... right to regard section 2(1) of the 1911 act as wide enough to authorise "modest" amendments of the commons' law-making powers, the amendments in the 1949 act were not "modest", but substantial and ..... ), section 50; h w r wade, constitutional fundamentals (1980), pp 27-28 and "the basis of legal sovereignty" [1955] clj 172, 193-194; wade and forsyth, administrative law, 9th edn (2004), pp 26-27; hood phillips and jackson, constitutional and administrative law (8th edn, 2001), pp 79-80; lord donaldson of lymington, formerly master of the rolls (hl hansard, 19 january 2001, col 1309); and pickin v british railways board [1974 .....
Tag this Judgment!Court : House of Lords
..... departures have, however, been the subject of express statutory authorisation, in sections 23-28 of the criminal justice act 1988 and sections 114-126 of the criminal justice act 2003 and, for instance, sections 31a to l of the jamaican evidence act 1843, as amended (considered in grant v the queen). ..... disclosing the officers true identity and background; and it would become difficult to draw the line between this and more radical in roads into the basic common law rule. 98. in this situation, i have been persuaded that any further relaxation of the basic common law rule, requiring witnesses on issues in dispute to be identified and cross-examined with knowledge of their identity and permitting the defence to know and put to witnesses ..... in r v hughes [1986] 2 nzlr 129, 149, richardson j was referring to the potential significance of credibility when he said that i cannot presently perceive any circumstances at common law under which a witness whose credibility may be in issue depending on the results of inquiries should be allowed to hide his real name and in the result foreclose any inquiries of that kind". ..... particular respect though i acknowledge must be accorded to whatever views are expressed by my noble and learned friend lord carswell in this area of the law, given his own vast experience of the problems posed by the intimidation of witnesses, i find myself in the end unable to accept that the problem can be dealt with on so flexible a basis as he proposessee, for example .....
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