Court : House of Lords
..... the gross earnings of the working of the boat." section 7. "this act may be cited as the merchant shipping (international labour conventions) act, 1925, and shall be construed as one with the merchant shipping acts, 1894 to 1923, and those acts and this act may be cited together as the merchant shipping acts, 1894 to 1925." the effect of section 7 has been succinctly stated ..... than that to which be would have been entitled under the act of 1894, and is in effect an amendment of that act. two questions arise for decision:(1) whether on the true construction of the act of 1925 the event of a wreck or loss of the ship has occurred? (2) whether, if so, the seaman's ..... on the occasion in question brought the appellant's case within the operation of section 1, subsection (1), of the act of 1925 (which in terms is merely an amending extension of section 158 of the act of 1894), the interpretation adopted in the olympic should be applied by your lordships. i reach this conclusion without the .....
Tag this Judgment!Court : House of Lords
..... act 1969, giving effect to the genocide convention of 1948; the criminal justice act 1988, s 134, giving effect to the torture convention of 1984; the war crimes act 1991, giving jurisdiction to try war crimes committed abroad by foreign nationals; the merchant shipping and maritime security act ..... 1997, s 26, giving effect to provisions of the united nations convention on the law of the sea 1982 relating to piracy; and sections 51 and 52 of the international criminal court act 2001, giving effect to the rome ..... in customary international law, the practice is to legislate. examples may be found in the geneva conventions act 1957 and the geneva conventions (amendment) act 1995, dealing with breaches of the geneva conventions of 1949 and the additional protocols of 1977; the genocide .....
Tag this Judgment!Court : House of Lords
..... of puberty was both harmful and abusive. the offence of "unlawful carnal knowledge" of a girl of 13 but under 16 was introduced by the criminal law amendment act 1885 in response to a campaign against child brothels and trafficking in young girls, famously championed by w t stead in the maiden tribute of modern babylon - ..... departmental committee on sexual offences against young persons under the chairmanship of sir ryland adkins kc (1925) (cmd 2561), which said: "para 41(8) the criminal law amendment act, 1885, section 5, provided that no prosecution for carnal knowledge of a girl between 13 and 16, or for the attempt, should be commenced more than three months ..... months after the offence charged." 8. as, again, mr perry has helpfully shown, this provision also had a number of ancestors. section 5 of the criminal law amendment act 1885 provided that no prosecution for an offence under subsection (1) (sexual intercourse with a girl aged between 13 and 16) should be commenced more than three .....
Tag this Judgment!Court : House of Lords
..... .034 and authorities cited there. he did contend, however, that the prospect of litigation, added to that of criticism and blame and the possibility of amendment of the regulatory regime, meant that the advice and assistance given by freshfields concerned the bank's legal rights and obligations. if, contrary to his submission ..... given about matrimonial or financial difficulties; about anticipated inheritance; about the parentage or adoption of children; about the perceived unsuitability of a former spouse to act as guardian; about the physical or mental health of the testator or spouse or other family member; about pensions, or businesses, or other assets. ..... : privilege) [1997] ac 16 your lordships' house held, lord mustill and lord nicholls of birkenhead dissenting, that proceedings under part iv of the children act 1989 were "investigative" rather than "adversarial" in nature and that litigation privilege was therefore excluded by necessary implication. in the present case the bank accept .....
Tag this Judgment!Court : House of Lords
..... "with some personal experience of international conferences of this kind, i should not attach any great significance to the fact that two delegates in withdrawing an amendment to article 26 which would have included in the article an express reference to partial loss as well as to damage said, without contradiction by any other ..... unconstrained by technical principles of english law, or by english legal precedent, but on broad principles of general acceptation": james buchanan and co ltd v babco forwarding and shipping (uk) limited [1978] ac 141, 152, per lord wilberforce. the court "must search, untrammelled by notions of its national legal culture, for the true ..... incurred in his defence and pecuniary damage sustained during his detention under the relevant austrian legislation. section 2(1)(b) of the compensation in criminal cases act 1969 provides for a right to compensation "where the injured party has been remanded in custody or placed in detention by a domestic court on suspicion .....
Tag this Judgment!Court : House of Lords
..... and december 1957. 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. he failed. in para 22 of its judgment the court held that it was for it ..... ; and finally the further measures introduced, after the events of 11 september 2001, by the 2001 act. the 2001 act is also a substantial statute, containing 129 sections and 8 schedules. it makes many amendments to the 2000 act and introduces other provisions covering a number of different matters including freezing orders, weapons of mass destruction, ..... international character of terrorism. it also took account of the imminent coming into force of the human rights act 1998 (for instance, section 118 of the 2000 act, dealing with reverse burdens of proof, was introduced by amendment of the bill after the decision of your lordships' house in r v director of public prosecution, .....
Tag this Judgment!Court : House of Lords
..... . 39. in the present case there is no comparable special feature affecting the position of the claimant parents. until section 548 of the education act 1996 was amended in 1998 the parents were at liberty to manifest their belief in corporal punishment as described above. until then corporal punishment by parents and by ..... personal and professional opinions on the desirability of corporal punishment of children have shifted. this trend is reflected by the recent amendment in the law, made by section 58 of the children act 2004, restricting the extent to which parents may punish their own children in this way. but to say that a belief ..... para 4. in practice the schools rarely resort to corporal punishment. section 548 of the education act 1996 11. the statutory provision under challenge is section 548(1) of the education act 1996, as amended by the school standards and framework act 1998. the first issue in these proceedings concerns the proper interpretation of this provision. section 548( .....
Tag this Judgment!Court : House of Lords
..... would not necessarily be different from uepo and therefore rejected the claim. amgen were therefore put to finding some distinction between the patented epo and uepo. they amended the claim by adding the words "and which has higher molecular weight by sds-page from erythropoietin isolated from urinary sources." i shall come back to the ..... within the jurisdiction or abroad) by that process. this is article 64(2) (given effect in united kingdom domestic law by section 60(1)(c) of the act): "if the subject-matter of the european patent is a process, the protection conferred by the patent shall extend to the products directly obtained by such process." 90 ..... for insufficiency and (in the case of claim 26) anticipation. i shall consider amgen's appeal first. extent of protection: the statutory provisions 18. until the patents act 1977, which gave effect to the european patent convention ("epc") there was nothing in any uk statute about the extent of protection conferred by a patent. it was .....
Tag this Judgment!Court : House of Lords
..... that, in my opinion, the first plea is quite inapt to cover the wider conspiracy, and should have been amended, which could have been done, without difficulty, as the case on the wider conspiracy has been fully dealt with, ..... stamp, deceiving the public, ruining the industry, and bringing distress to the outer hebrides, that they were " get-rich- " quick merchants " who cared nothing about the distress on the islands, that the importation of mainland yarn was " killing the " industry," and ..... the respondents were officials of the trans-port and general workers' union, a duly registered trade union. the only shipping services between the mainland and the isle of lewis are provided by messrs. david macbrayne limited, and coast lines ..... upon, interdict should be granted as craved. 4. separatim, and, in any event, the respondents having by their actings wilfully interfered with and obstructed the petitioners' contractual relations and liberty to exercise their trade, and having thereby caused injury .....
Tag this Judgment!Court : House of Lords
..... this action is, to my mind, indistinguishable in substance from a section 212 misfeasance application and, if necessary, a simple amendment to the pleadings could make that clear. the same causation problems as lie beneath the surface in the present action would ..... equally extend to all who rely on the accounts in relation to other dealings with a company as lenders or merchants extending credit to the company. a claim that such a duty was owed by auditors to a bank lending to ..... see alexander v rayson [1936] 1 kb 169, approved by lord browne-wilkinson at p. 370. 22. hewison v meridian shipping services pte ltd [2002] ewca civ 1821; [2003] piqr p252 illustrates another situation in which ex turpi causa defeated a claim ..... the debtors, and indeed, caused damage to them through deepening insolvency. thus, the committee maintains that the shapiros did not act for the benefit of the debtors and their fraudulent conduct cannot be imputed to those corporations. however, even assuming that the .....
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