Court : House of Lords
..... schools of thought on the relationship between international law and domestic law: the one saying that the rules of international law as they exist from time to time are "incorporated into english law automatically and considered to be part of english law unless they are in conflict with an act of parliament" and the other saying that they did ..... or permit the use of something to destroy or damage it, in order to protect property belonging to himself or another or a right or interest in property which was or which he believed to be vested in himself or another, and at the time of the act or acts alleged to constitute the offence he believed (i) that the property, right or interest was in immediate need of protection; and (ii) that the means of protection adopted or proposed to be adopted were or would be reasonable having ..... and district judge clark, sitting in the cirencester magistrates' court, ruled at a preliminary hearing that the defences were not maintainable because the decision to go to war ..... tight control of the use of force is necessary to prevent society from sliding into anarchy, what hobbes (leviathan, chapter 13) called the state of nature in which "men live ..... which, although causing damage to property in some cases, was entirely peaceable and involved no violence of any kind to any person ..... 1981, [2005] qb 259) that the crime of aggression which the appellants claimed they were seeking to prevent was not a "crime" for the purposes of section 3 of the 1967 act, .....
Tag this Judgment!Court : House of Lords
..... newman j) accepted the magistrate's judgment that fairness did not call for exclusion of the statement, but was clear (para 60 of the judgment) that the common law and domestic statute law (section 78 of the police and criminal evidence act 1984) gave effect to the intent of article 15 of the international convention against torture and other cruel, inhuman or degrading treatment or punishment 1984 (1990, cm 1775 ..... duty of states, save perhaps in limited and exceptional circumstances, as where immediately necessary to protect a person from unlawful violence or property from destruction, to reject the fruits of torture inflicted in breach of international law ..... that someone cannot be deported whilst there exists the possibility that he may be tortured or, indeed, as the dissentient minority said in mamatkulov and askarov v turkey (application nos 46827/99 and 46951/99, unreported, 4 february 2005), if they run a real risk of suffering a flagrant denial of justice quite another to say that the integrity of the court's processes and the good name of british justice requires that evidence be shut ..... birkenhead, seeks to resolve the dilemma on the basis that the secretary of state's certificate is in the nature of an essential preliminary step, which will be short-lived in its effect if siac considers that the necessary reasonable grounds do not exist ..... that reliance was placed on sources of doubtful validity, such as chapter 39 of magna carta 1215 and felton's case as reported by rushworth ( .....
Tag this Judgment!Court : House of Lords
..... thrust of this is that provided under domestic law a remedy is available to subsidiaries such as sempra that prevents the infringing member state from profiting from its wrongful act and does not prevent the subsidiary from recovering the loss caused to it by the wrongful act, and provided the remedy satisfies the principles ..... . as to interest, the court said that, where financial compensation was the method adopted by national law to achieve the objective of equal treatment of men and women as regards employment, then "it must be adequate, in that it must enable the loss and damage actually sustained as a result of the discriminatory dismissal to be made good in ..... 2387 ch); [2004] stc 1178 and the court of appeal, consisting of chadwick, laws and jonathan parker ljj, ([2005] ewca civ 389; [2005] stc 687) held that community law, and in particular the principles laid down by the european court in the metallgesellshaft case, require english domestic courts to give a full remedy or full compensation in order to restore equal treatment and that only an award ..... to it for preferring simple to compound interest (viz to protect poor consumers, to discourage claimants from deliberately delaying claims and to avoid the cost of ..... . english and australian authorities on the topic are considered in chapter 28 of mason and carter, restitution law in australia (1995) pp945-967, and in part ..... the second question on which the court of justice was asked to give a preliminary ruling in that case. .....
Tag this Judgment!Court : House of Lords
..... agents of the state; iii) edwards where the obligation was said to arise because the deceased was a prisoner under the care and responsibility of the authorities when he was killed by acts of violence by another prisoner; iv) menson, where it was not suggested that agents of the state were directly at fault but where the obligation arose because there was reason to believe that ..... this about the purpose of such an investigation: the essential purpose of such investigation is to secure the effective implementation of the domestic laws which protect the right to life and, in those cases involving state agents or bodies, to ensure their accountability for deaths occurring under their ..... investigation (with all relevant documentary material, including official records and any preliminary written statements) to an independent investigator, or a team of independent investigators ..... from 2002 to 2004, with an average of 95 suicides (including a disproportionately high average of 12 women ..... similarly, in trubnikov v russia (application no 49790/99) 5 july 2005, at para 88, the court said: the competent authorities must act with exemplary diligence and promptness and must of their own motion initiate investigations which would be capable of, firstly, ascertaining the circumstances in ..... chapter 13 (actions following an incident of self-harm) contains the following paragraph (13.4.1): it is strongly recommended that following incidents of serious self-harm an investigation is carried out .....
Tag this Judgment!Court : House of Lords
..... it is a different matter if the conspiracy is to do acts in themselves wrongful, such as to deceive or defraud, to commit violence, or to conduct a strike or lock-out by means of conduct prohibited by the conspiracy and protection of property act, 1875, or which contravenes the trade disputes and trade unions act 1927. 76. ..... they are also derived from the commissioners for revenue and customs act 2005, which lays down the commissioners statutory functions in connection with vat (section 5(1)(b) and ..... it is important to keep in mind that the two issues arise from a preliminary issue directed to be tried by a consent order made on 9 july ..... , it does seem to me that this aspect requires some discussion, albeit of a limited nature, given that domestic courts should not proceed on a basis which conflicts with the provisions of the sixth directive. ..... provisions must now be read together with the commissioners for revenue and customs act 2005, which provides for the appointment of the commissioners to exercise the functions previously vested in the commissioners of customs and excise and for the transfer to them of the ancillary powers that were conferred on the former commissioners by the customs and excise management act 1979. 15. ..... (in 2005, section 6 of the 1979 act was repealed by the commissioners for revenue and customs act 2005 (the 2005 act), and para 1 of schedule 11 was amended so that it states that the commissioners are responsible for the collection and management of vat .....
Tag this Judgment!Court : House of Lords
..... in cases where the child is not "in need of special protection", that is where the offences do not involve sex, kidnapping, cruelty or violence, the court may also disapply the rule in favour of video recording and live link, if it is satisfied that it "would not be likely to maximise the quality of the [ ..... interested departments have published guidance on how these interviews are to be conducted: see achieving best evidence in criminal proceedings: guidance for vulnerable or intimidated witnesses, including children (2001), chapter 2, revising and expanding upon the earlier memorandum of good practice on video recorded interviews for child witnesses in criminal proceedings (1992). ..... common law and statute to enable children to give evidence in criminal trials: removing the accused from the sight though not the hearing of a witness (r v smellie (1919) 14 cr app r 128); setting up screens to prevent the witness seeing or being seen from the dock (r v x, y and z (1990) 91 cr app r 36); allowing a child to give evidence by live television link (criminal justice act 1988, s 32); and admitting a video recorded interview as the child's evidence in chief ..... however, this cannot mean that the strasbourg court would regard our domestic legal system as so set in stone that parliament is not entitled to modify or adapt it to meet modern conditions, provided that those adaptations comply with ..... this discretion can be exercised at the preliminary hearing where special measures are first considered .....
Tag this Judgment!Court : House of Lords
..... similarly, where there is in fact no risk or imminent danger from which the assailant needs to protect himself, i find it difficult to see on what basis the right of the victim not to be subjected to physical violence can be set at naught on the ground of mistake made by the assailant, ..... the right to life, now guaranteed by article 2 of the european convention on human rights and incorporated into our domestic law by the human rights act 1998, is at least equivalent to the constitutional rights for infringement of which vindicatory damages were awarded in ramanoop and ..... however, before addressing that question, i turn to consider four preliminary points, two of which are relied on by the ashleys, and ..... grant a declaration is subject to a well-established, if developing, discretion, as discussed in chapter 4 of zamir and woolf on the declaratory judgment, 3rd ed (2002). ..... human rights in their judgment in y v norway (2005) 41 ehrr 87, 102-103, para 41: in the view of the court, the fact that an act which may give rise to a civil compensation claim under the law of tort is also covered by the objective constitutive elements of a criminal offence could not, notwithstanding its gravity, provide a sufficient ground for regarding the person allegedly responsible for the act in the context of a tort case as being ..... they were awarded, as it was put in merson v cartwright [2005] ukpc 38, another case in which the privy council upheld an award of vindicatory damages, in order to vindicate the .....
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