Court : UK Supreme Court
..... ] ewhc 2351 (ch), [2006] ilpr 129, at para 54. see also islamic republic of pakistan v zadari [2006] ewhc 2411 (comm), at para 138 and novus aviation ltd v onur air tasimacilik as [2009] ewca civ 122. lawrence collins j or lawrence collins lj is the author of the relevant passage in each of those cases except ..... did not attempt to examine exhaustively the classes of cases which may arise in practice, notably he did not consider the practical problems associated with libels which cross national borders. on the other hand, the line of authority of which the albaforth is an example was concerned with practical problems at a much lower level of generality ..... of appeal that the suggestion was evidently first advanced. the judge's judgment makes no reference at all to the line of authority represented by cordoba shipping co ltd v national state bank, elizabeth, new jersey (the albaforth) [1984] 2 lloyd's rep 91, to which so much significance is now attached. the appellant's skeleton argument .....
Tag this Judgment!Court : UK Supreme Court
..... material procedure was first introduced in 1997, in proceedings before the special immigration appeals commission, it was said to be an exceptional measure justified by national security concerns. having gained a foothold in the legal system, the procedure has spread progressively, initially to other specialist tribunals, and then to the ..... in terms of constitutional principle and governmental functions, it seems to me that the following propositions apply. (i) the executive has a duty to maintain national security, which includes both stopping the financing of terrorism and nuclear proliferation and ensuring that some of the information relating to the financing of terrorism remains ..... appropriate conditions are met. those conditions, in very summary terms, would normally include the court being satisfied that (i) for weighty reasons, such as national security, the material has to be kept secret from the excluded party as well as the public, (ii) a hearing to determine the issues between .....
Tag this Judgment!Court : US Supreme Court
..... not united states persons and are reasonably believed to be located outside the united states. before doing so, the attorney general and the director of national intelligence normally must obtain the foreign intelligence surveillance court s (fisc) approval. surveillance under 1881a is subject to statutory conditions, judicial authorization, congressional ..... persons [ 1 ] and are reasonably believed to be located outside the united states. before doing so, the attorney general and the director of national intelligence normally must obtain the foreign intelligence surveillance court s approval. respondents are united states persons whose work, they allege, requires them to engage ..... fourth amendment. section 1881a provides that, upon the issuance of an order from the foreign intelligence surveillance court, the attorney general and the director of national intelligence may authorize jointly, for a period of up to 1 year . . . , the targeting of persons reasonably believed to be located outside .....
Tag this Judgment!Court : UK Supreme Court
..... proposed development against any potential adverse consequences that process often involves consideration of the interests of neighbouring property owners, including the impact of noise thus, national planning advice encourages planning authorities to restrict new development which could give rise to significant adverse impacts from noise;but emphasises that planning is concerned ..... of the case) highlighted these changes: " the lineaments of the law of nuisance were established before the age of television and radio, motor transport and aviation, town and country planning, a 'crowded island', and a heightened public consciousness of the need to protect the environment all these are now among the factors ..... a neighbour would, but for section 158, have had a claim in nuisance it is also to be noted that section 76 of the civil aviation act 1982 expressly excludes an action for nuisance owing to aircraft, but section 1 of the land compensation act 1973 provides for compensation for neighbours .....
Tag this Judgment!Court : US Supreme Court
..... more appropriately applicable in instances where, unlike here, an agency has rendered binding, consistent, official interpretations of its statute over a long period of time. e.g., united states v. national assn. of securities dealers, 422 u. s. 694 , 422 u. s. 719 , (1975); udall v. tallman, 380 u. s. 1 , 380 u. s. 16 -17 (1965). ..... [ footnote 13 ] electronic specialty co. v. international controls corp., 409 f.2d 937 (1969) (suit by a target corporation against a tender offeror for injunctive relief); butler aviation int'l, inc. v. comprehensive designers, inc., 425 f.2d 842 (1970) (suit for a preliminary injunction by a target corporation against a tender offeror); crane co. v ..... such a distribution, directly or indirectly, by the use of any means or instrumentality of interstate commerce, or of the mails, or of any facility of any national securities exchange, either alone or with one or more other persons, to bid for or purchase for any account in which he has a beneficial interest, any .....
Tag this Judgment!Court : UK Supreme Court
..... substantive articles of the convention, like other guarantees of human rights in international law, are mostly expressed at a very high level of generality. they have to be fulfilled at national level through a substantial body of much more specific domestic law. that is true in the united kingdom as in other contracting states. for example, the guarantee of a fair .....
Tag this Judgment!Court : UK Supreme Court
..... exercise of their fiduciary discretions, are under constraints which do not apply to adult individuals disposing of their own property. i made some uncontroversial observations about this in scott v national trust for places of historic interest or natural beauty [1998] 2 all er 705, 717: "certain points are clear beyond argument. trustees must act in good faith, ..... to have been green v cobham, decided by jonathan parker j in january 2000 but reported at [2002] stc 820, followed by abacus trust co (isle of man) v national society for the prevention of cruelty to children [2001] stc 1344 (patten j) and breadner v granville-grossman [2001] ch 523 (park j). breadner was an unsuccessful attempt ..... of the court of appeal in perrins v bellamy [1899] 1 ch 797 and that of the privy council, on appeal from the supreme court of victoria, in national trustees co of australasia ltd v general finance co of australasia ltd [1905] ac 373. these cases, discussed by lloyd lj at para 124 of his judgment, were .....
Tag this Judgment!