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
..... exceptions and qualifications, one of which is relevant to this case. 77. the amendments came into force on 2 april 2001. the relevant provisions of the race relations act 1976, as amended by the race relations (amendment) act 2000, at the material time (they have been further amended since) were as follows: "1 racial discrimination (1) a person discriminates against ..... months up to the end of february 1987'. between may 1987 and october 1996, fines totalling 97.6 million were imposed on over 440 airlines and shipping companies. the united kingdom authorities have also provided training, advice and technical support in respect of the detection of false travel documents to airline staff based ..... the east india company v sandys (1684) 10 st 371, at pp 530-531: "i conceive the king had an absolute power to forbid foreigners, whether merchants or others, from coming within his dominions, both in times of war and in times of peace, according to his royal will and pleasure; and therefore gave .....
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 .....
Tag this Judgment!Court : House of Lords
..... order in council disallowing offending statutes rather than by enacting legislation. but, in crucial areas, such as the abolition of slavery, or the regulation of merchant shipping, parliament would enact legislation for her majestys possessions as a whole. the underlying assumption was, of course, that the policies in question were for ..... grant of legislative institutions is irrevocable, unless the power of revocation is reserved (a proposition vouched by sammut v strickland at p 704), but that amendment of a constitution not amounting to revocation of the grant remains within the prerogative rights of the crown. for present purposes, what matters is that ..... the united kingdom therefore made the british indian ocean territories order 1965 si no 1920 (the biot order) which, under powers contained in the colonial boundaries act 1895, detached the chagos archipelago (and some other islands) from the colony of mauritius and constituted them a separate colony known as biot. the order created .....
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
..... and with such rests as it considers meets the justice of the case" (section 49(3)) in 1998 parliament enacted the late payment of commercial debts (interest) act 1998, later amended by the late payment of commercial debts regulations 2002 (si 2002 no. 1674), providing for a right to simple interest on the unpaid price of goods or ..... april 1997, unreported). having set out a long catalogue of cases in which the london, chatham rule had been bypassed, mason p continued: "passing london, chatham like ships in the night, these cases proceeded upon the obvious principle that, when a retains money owned by or owing to b over a period of time, a derives a ..... important decision of this house in the pintada case: president of india v la pintada compania navigacion sa [1985] 1 ac 104. the case concerned a claim by ship owners for interest on freight and demurrage paid late. lord brandon of oakbrook delivered the leading speech, with which all their lordships agreed. lord brandon approved the decision .....
Tag this Judgment!Court : House of Lords
..... us$1,000 in 1990. and in canada a financial penalty of up to can$ 3,200 per improperly-documented passenger may be imposed under the immigration act 1976, as amended. as long ago as 1986, a total of 541 airlines were each fined can$1,000 by the canadian authorities for not demonstrating sufficient vigilance in ..... the three months to the end of february 1987. between may 1987 and october 1996, fines totalling 97.6 m were imposed on over 440 airlines and shipping companies. the united kingdom authorities have also provided training, advice and technical support in respect of the detection of false travel documents to airline staff based at ..... taking when she was at heathrow had some significant features that are the product of more recent developments. transatlantic travel in the early 1950s was almost always by ship. and it was for the few, before the introduction of suitable aircraft made international air travel over long distances accessible to everyone. the significant increase in air .....
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 .....
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