Court : House of Lords
..... the contention that jamieson must be re-interpreted to enable the united kingdom to satisfy its international law obligation in those cases where otherwise it would be breached (no domestic law obligation ex hypothesi being engaged in respect of a pre-human rights act death) flies in the face of the conclusion already reached as to the effect of mckerr: if mckerr necessarily precludes the use of section 3 to achieve the contended for result, so too surely it must preclude the achievement ..... coroner to investigate what she alleged were the failings of the police and the housing authority, barnet council, to protect her son from reid. ..... had been a long history of disruptive behaviour and violence by reid towards other tenants on the estate dating back ..... inner north london coroner [2005] ewca civ 1440; [2006] 1 wlr 461; there, in setting aside a coroner's refusal to summon a jury under section 8(3)(b) of the 1988 act, sir anthony clarke mr said at paragraph 41: "although the possible verdicts at an inquest under the 1988 act are circumscribed and, in particular must not ascribe criminal or civil liability, that does not mean that the facts should not ..... ] turned into an inquiry wholly different from that in the divisional court"[2005] 1wlr 3892, 3896 (para 8). ..... divisional court in pearson v inner london north coroner [2005] ewhc 833 (admin) had to confront the very ..... the court of appeal reached a different conclusion in this case (see [2005] 1 wlr 3892, at pp 3898-3899, paras 18-20) i beg .....
Tag this Judgment!Court : House of Lords
..... or otherwise of a restraint of trade clause, within the meaning of article 20; (b) the amount of the indemnity may not exceed a figure equivalent to an indemnity for one year calculated from the commercial agent's average annual remuneration over the preceding five years and if the contract goes back less than five years the indemnity shall be calculated on the average for the period ..... indemnity if and to the extent that: - he has brought the principal new customers or has significantly increased the volume of business with existing customers and the principal continues to derive substantial benefits from the business with such customers, and - the payment of this indemnity is equitable having regard to all the circumstances and, in particular, the commission lost by the commercial agent on the business ..... do not help one to decide what protection is sufficient to give effect to the ..... he suffers as a result of the termination of his relations with the principal" and that the method by which that damage should be calculated is a discretionary matter for the domestic laws of the member states. ..... cases" the court would be likely to benefit from the assistance of an expert witness but that in some cases it might be sufficient to place all the material before the court and invite the judge to act as valuer. ..... retains after the termination of the agency and for which the agent is therefore entitled to compensation: see saintier and scholes, commercial agents and the law (2005) at pp 175-177. 10. .....
Tag this Judgment!Court : House of Lords
..... the clear 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 of equivalence and effectiveness, community law will be ..... park j ([2004] ewhc 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 of compound interest would fully ..... . 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 full in accordance with the applicable national rules" (paragraph 26) ..... it addressed three reasons put 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 calculating compound interest), by saying ( .....
Tag this Judgment!Court : House of Lords
..... are outside the competence of any body that is exercising powers given to it by statute, informed by decisions of the european court of justice as to the need for a domestic remedy in the case of acts that are incompatible with community law: francovich v italian republic (joined cases c-6/90 and 9/90) [1995] icr 722; [1991] ecr i-5357; r v secretary of state for transport, ex p factortame ltd (no ..... in my opinion the inference that is to be drawn from the way these subsections are expressed is that it was assumed by parliament that all that needed to be done to protect the convention rights in the case of pre-commencement enactments in the devolved system was to provide that the exercise of functions in a way that was ..... in each case in so far as they adhered to the terms of the lord ordinary's interlocutor of 8 february 2005 in which she refused to order that the documentary material covered by the pii certificates be produced for inspection by ..... they were to institute a charge for some service which only women had to pay, this would involve discrimination on the ground ..... direct reliance on a convention right should be subject to the principles applied by the european court of human rights (cf s.8(3) and (4)), but at the same time have intended that the incorporation into domestic law of convention rights should enable a claimant, by formulating his claim on a common law basis and relying on the convention in reply to an otherwise available defence, to escape the carefully crafted discretion .....
Tag this Judgment!Court : House of Lords
..... as freedom to do as one wishes; that he had wrongly had regard to the extent to which the obligations interfered with "normal life"; that he had wrongly had regard to restrictions on human rights protected by other specific articles of the convention; that he had extended the meaning of liberty beyond that laid down in guzzardi; and that he had concentrated excessively on the individual features of the idiosyncratic cases. ..... activity; (b) that there are reasonable grounds for believing that the imposition of obligations on that individual is necessary for purposes connected with protecting members of the public from a risk of terrorism; (c) that the risk arises out of, or is associated with, a public emergency in respect of which there is a designated derogation from the whole or a part of article 5 of the human rights convention; and (d) that the obligations that there are reasonable grounds ..... i remain of the opinion which i expressed in a v secretary of state for the home department [2005] 2 ac 68, 129-132 that the power to derogate in peace time is a narrow one and that politically or religiously motivated violence, even threatening serious loss of life, does not necessarily "threaten the life of the nation" within ..... by article 15 of the convention, given domestic effect by sections 14 and 16 of the human rights act 1998, a state party to the convention may derogate from article 5, subject to certain formalities, "[1] in time of war or other public emergency threatening the .....
Tag this Judgment!Court : House of Lords
..... is accordingly that, like mr saramati, following the decision of the grand chamber in behrami, mr al-jedda must find his protection from arbitrary detention in the commitment, given by mr powell to the security council, that members of the mnf would at all times act consistently with their obligations under the law of armed conflict, including the geneva conventions. ..... posed at para 146), the court decided that in fact that was so (para 152) because, unlike the position in the bosphorus case (bosphorus hava yollari turizm ve ticaret anonim sirketi v ireland (2005) 42 ehrr 1), (a) kfors impugned acts could not be attributed to the respondent states, and in any event (b) kfors actions were directly attributable to the un, an organisation of universal jurisdiction fulfilling its imperative collective security objective. ..... were listed by secretary of state powell as including combat operations against members of these groups [seeking to influence iraqs political future through violence], internment where this is necessary for imperative reasons of security, and the continued search for and securing of weapons that threaten iraqs security". ..... , to the effect that, even if the international law obligations of the united kingdom under article 5(1) had been superseded by the terms of resolution 1546, that made no difference to the secretary of states domestic law obligation not to act incompatibly with the appellants article 5 convention rights as set out in schedule 1 to the hra. .....
Tag this Judgment!Court : House of Lords
..... would instance lord watson in allen v flood at p96 (emphasising illegal means directed against that third party); viscount cave lc in sorrell v smith at p 714 (means which are in themselves unlawful, such as violence or the threat of violence or fraud); lord wright in crofter at p 462 (quoted in para 75 above, and instancing some statutory offences); lord devlin in rookes v barnard [1964] ac 1129, 1209 (in some of the dicta [on ..... 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. ..... they are also derived from the commissioners for revenue and customs act 2005, which lays down the commissioners ..... 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 ..... sham, which is the assumption made by the second basis, it seems to me that, at least as a matter of domestic law, it is open to a victim of the sham transaction to treat the transaction as genuine if he wishes to ..... of compelling authority to the contrary, that, if a transaction in a carousel fraud involves a party to the fraud, it should be possible to allege against him that the transaction is a sham not merely for domestic law purposes but for vat purposes as well. ..... arguable under the domestic and european legal .....
Tag this Judgment!Court : House of Lords
..... of the fourth schedule to the regulations, which i have already quoted, requires the application to state the nature, quantities and sources of foreseeable emissions from the installationinto each environmental medium, and a description of any foreseeable significant effects of the emissions on the environment (emphasis added) 18. ..... the present case, by contrast, there was no breach of european law and the only breach of domestic law was the failure to disclose information about the predicted effect of llps emissions of pm10 on the ..... this in his second witness statement on behalf of the company (at para 8): the rationale for this was that releases from the main stack were considered to be of more significance than those from the other point sources, such as the cement mills, where there would be lower discharge volumes and concentrations. ..... paragraph 4 of annex 4) required the applicant for consent to provide a description of the likely significant effects of the proposed project on the environment resulting fromthe emission of pollutantsand a description by the developer of the forecasting methods used to assess the effects on the environment. 60. ..... was built, the manufacture of cement required authorisation under part i of the environmental protection act 1990. ..... a report in 2005. ..... the question of whether a european eqs will require stricter elvs is contained in integrated pollution prevention and control: a practical guide, edition 4 issued by defra in june 2005: 10.1 .....
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, whether or not reasonably made. ..... but 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 merson v cartwright. ..... european court of 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 charged with ..... 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 right of the complainant ..... the application was heard by dobbs j who on 21 march 2005 gave summary judgment in the chief constables favour on the assault and battery claim and on the post-shooting misfeasance claim .....
Tag this Judgment!Court : House of Lords
..... be that it would leave it to the judge, prosecution and police to investigate and decide whether any concerns existed about the officers record and reliability; the defence would be precluded from knowing or asking questions 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 ..... v m(kj) [2003] ewca crim 357, [2003] 2 cr app r 322, para 59 and r v sellick [2005] ewca crim 651, [2005] 1 wlr 3257 have doubted whether this means that it would always be in violation of article 6 to admit written statements as evidence under the relevant provisions of (at that time) the criminal justice act 1988 from witnesses who, it had been shown, could not be called or cross-examined because they could not be traced or had ..... court of appeal felt able to find that the individuals who did incriminate the appellant were very good friends of the deceased and had no reason of their own to protect the man actually responsible for the murders when the appellant had been denied the opportunity fully to investigate whether these facts were true or not. ..... 10 to 25) i cannot agree with the courts analysis of the domestic and strasbourg authorities, although i accept that some of the former were ..... in any event, where implied threats of violence to, or ostracism of, grasses are part of the culture of a community, these will ..... the two women feared retaliation and the trial court rejected defence .....
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