Court : House of Lords
..... court of appeal appear to have taken the view that, when properly read, it indicates that the tribunal considered that, by trying to settle the equal pay claims, the council was acting illegitimately, and that therefore sending the two letters could amount to victimisation. with all due respect, that is simply not what paragraph 4 (e) is saying. the purpose ..... the right of the employer to argue his point of view and, if he can, to achieve a compromise. the fact that he wanted to dissuade the employees from pressing their claims to an adjudication does not, of itself, mean that the employees were being victimised. honest and reasonable 24. what is to be said then about the ..... say will be unavoidable. 12. it is only to be expected that in this situation employers will try to convince their employees that the claims ought not to be pressed. it is only to be expected that the employees who are at the receiving end of such overtures will feel that they are being pressurised into a settlement. this .....
Tag this Judgment!Court : House of Lords
..... that the defendant had voluntarily assumed responsibility. but the unhappy experience with the rule so elegantly formulated by lord wilberforce in anns v merton london borough council [1978] ac 728, 751-752, suggests that appellate judges should follow the philosopher's advice to 'seek simplicity, and distrust it.'" other members of the ..... which was ultimately successful in hoechst. but by july 1995 dmg knew about the hoechst litigation, which received a good deal of publicity in the financial press. there was some discussion at dmg about the possibility of a 'protective gie' (mr thomason was cross-examined about this) but in fact nothing ..... kingdom revenue law, which had since 1973 allowed companies whose parents were resident in the united kingdom to elect to pay dividends free of advanced corporation tax ("act"), discriminated unlawfully against companies with parents resident in other member states: metallgesellschaft ltd v inland revenue commissioners (joined cases c-397 and c-410/98) .....
Tag this Judgment!Court : House of Lords
..... itself to a set-off to which it was otherwise entitled. that submission was made, but not very strongly pressed, before your lordships. i would not accept it. mellhams's unexplained failure to pay the act, although apparently replete with cash, is unattractive. but that (and any shortcomings in the mct return) are in ..... income dividend. the most important requirement (elaborated at great length) was that it should be paid, directly or indirectly, out of profits earned overseas. section 246n (act to be repaid or set off against corporation tax liability) provided in subsection (2): "in a case where (a) the company pays an amount of advance ..... my opinion far short of the sort of conduct (truly amounting to unlawful self-help) referred to by my noble and learned friend lord hoffmann in smith (administrator of cosslett (contractors) ltd) v bridgend county borough council .....
Tag this Judgment!Court : House of Lords
..... the search for a peaceful settlement. in this connexion the court went on to recall: "that by reason of their direct and continuous contact with the pressing needs of the moment, the national authorities are in principle better placed than the international judge to decide both on the presence of such an emergency and ..... , since the threat presented by suspected international terrorists did not depend on their nationality or immigration status. it is noteworthy that in ireland v united kingdom (1978) 2 ehrr 25 the european court was considering legislative provisions which were, unlike section 23, neutral in their terms, in that they provided for internment of ..... convention, the correct approach is to pose the questions formulated by grosz, beatson and duffy, human rights: the 1998 act and the european convention (2000), para c14-08, substantially adopted by brooke lj in wandsworth london borough council v michalak [2002] ewca civ 271, [2003] 1 wlr 617, para 20, and refined in the later .....
Tag this Judgment!Court : House of Lords
..... j h langbein, torture and the law of proof: europe and england in the ancien regime (university of chicago press, 1977), p 94 has shown that a warrant was issued by the privy council in 1551 for the torture of persons committed to the tower on suspicion of being involved in the alleged treason ..... inhuman or degrading treatment together, drawing no distinction between them. the european court did, however, draw a distinction between them in ireland v united kingdom (1978) 2 ehrr 25, holding that the conduct complained of was inhuman or degrading but fell short of torture, and article 16 of the torture convention draws this ..... the international prohibition of torture generates international state responsibility. the value of freedom from torture is so great that it becomes imperative to preclude any national legislative act authorising or condoning torture or at any rate capable of bringing about this effect. (b) the prohibition imposes obligations erga omnes. 151. furthermore, the prohibition .....
Tag this Judgment!Court : House of Lords
..... this was a civil action brought by the attorney general on the relation of the glamorgan county council and the pontardawe rural district council to restrain a nuisance by quarrying activities which were said to project stones and splinters into the ..... whom he had a bantering relationship. mr goldstein owed mr ehrlich a significant sum of money, which the latter had pressed him to pay. mr goldstein accordingly put the cheque in an envelope (addressed to ibrahim ehrlich) and included in ..... obscene or objectionable letters had been prosecuted for public nuisance, there were several cases, starting with r v norbury [1978] crim lr 435, where it had been held or accepted that the making of a large number of obscene ..... legislation, retrospective i use retrospective in the sense of authorising people being punished for what they did before the act came into force.' 30 mr gledhill demonstrated that the convention contained repeated references to expressions in english such as 'prescribed .....
Tag this Judgment!Court : House of Lords
..... to be as enunciated by lord mansfield, lord ellenborough and lord tenterden. hence it came about that in 1996, in westdeutsche landesbank girozentrale v islington london borough council [1996] ac 669, counsel opened an appeal in your lordships' house on a claim for compound interest on money paid under interest rate swaps held to be ..... 352, 359 best cj referred to the general rule that interest was not recoverable as one which "wisely prevents acts of kindness from being converted into mercenary bargains, and makes it in the interest of tradesmen to press their customers for payment of their debts; and thereby checks the extension of credit, which is often ruinous to ..... revision committee, chaired by lord hanworth mr (cmd 4546). the act expanded the circumstances in which interest might be awarded, to provide for the discretionary award of simple interest on any debt or damages for which judgment was given by a court. in june 1978 the law commission issued a report on interest (law com no .....
Tag this Judgment!Court : House of Lords
..... to national security but also adverse effects on the health, welfare or safety of any person. (2) section 85(1) of the northern ireland act 1998 empowered her majesty by order in council to make provision dealing with a number of reserved matters listed in schedule 3, one of which (para 9(e)) was the treatment of offenders. ..... prejudice to the appellant. i regard these observations as amply justified. in the vivid language used by lord hewart cj in a very different context in coles v odhams press ltd [1936] 1 kb 416, 426, the specially-appointed advocate would inevitably be "taking blind shots at a hidden target". 19. in view of what the european ..... domestic procedures. the european court has however long accepted that some operations must be conducted secretly if they are to be conducted effectively: klass v federal republic of germany (1978) 2 ehrr 214, 232, para 48 32. the appellants contended that, taken at its narrowest, the principle established by edwards and lewis is that it is .....
Tag this Judgment!Court : House of Lords
..... respect of queensland provided that when a bill passed by the legislative assembly in two successive sessions had in the same two sessions been rejected by the legislative council, it might be submitted by referendum to the electors, and if affirmed by them, would require the governor to seek the assent of the king, ..... elected with a large majority over parliament has progressively become greater. this process has continued and strengthened inexorably since lord hailsham warned of its dangers in 1978. ii. the hunting act 2004. 72. the new labour government decided that it would abolish the ancient liberty of the british people, regularly exercised by a great many ..... instrument if the powers, properly understood, extend that far. the court of appeal adopted (para 69) the opinion of lord pearce on behalf of the privy council in bribery commissioner v ranasinghe, above, at p 198, where he held that a constitution can be altered or amended by the legislature "if the regulating instrument .....
Tag this Judgment!Court : House of Lords
..... lord brown has in paragraph 62 cited in full from lord griffiths' speech in rush and tompkins ltd. v. greater london council [1989] ac 1280 at page 1299d, commencing: "the 'without prejudice' rule is a rule governing the admissibility of evidence ..... honestly i shall be pleased to consider them." 6. these three letters must be typical of those written by hard pressed debtors since time immemorial and they all either respond to invitations to negotiate terms of payment or attempt to initiate such ..... compromise the action" whether, as megarry v-c put it in chocoladefabriken lindt and sprungli ag v the nestl co ltd [1978] rpc 287, 288, "there is an attempt to compromise actual or impending litigation". 65. the mere fact, of course, ..... held to amount to a relevant acknowledgment within the meaning of section 10(1) of the prescription and limitation (scotland) act 1973 of the subsistence of an obligation to make reparation which would otherwise have been extinguished by the five year negative .....
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