Court : House of Lords
..... encouraged another to assume to his detriment than to enquiring whether the circumstances can be fitted within the confines of some preconceived formula serving as a universal yardstick for every form of unconscionable behaviour. this passage certainly favours a broad or unified approach to equitable estoppel. but it is emphatically not a ..... been reached in discussions recorded in lengthy written correspondence, which unsurprisingly referred to the agreement in principle as being subject to contract". experienced lawyers were acting on both sides, and they and their clients were well aware that an enforceable contract would come into existence only on exchange of contracts as finally ..... would be honoured, even though it was not legally binding, and that, in reliance on that belief, mr cobbe, to her knowledge and with her encouragement, acted to his detriment. i have also concluded that, in all the circumstances, she took an unconscionable advantage of him and, in paragraph 140, that - the .....
Tag this Judgment!Court : House of Lords
..... psychiatric illness was not a stressful event caused by the breach of duty, such as the accident which gave rise to mr page's nervous shock. as dr rajiv menon, a consultant psychiatrist, records in his report, mr grieves had a long-standing, anticipatory fear of developing an asbestos related disease. but he did not become ..... , very unpleasant though it is, without suffering any morbid effects. moreover, as already pointed out, the mechanism which caused mr grieves' illness was not the defendants' act in exposing him to the asbestos dust, but the doctors' telling him of the heightened risk that he would develop asbestosis or mesothelioma in the future. 100. mr ..... if the plaintiff had recovered any damages for injury to his person, he could not have maintained a further action for fresh bodily injuries caused by the same act of negligence, merely because they had been discovered or developed subsequently." 14. this "single action rule" is very old and for the protection of defendants. coke .....
Tag this Judgment!Court : House of Lords
..... department, may be lawfully raised in the name and at the instance of or directed against her majesty's advocate for the time being as acting under this act." while the act does not establish that the court of session has jurisdiction over the crown, it presupposes that it does and settles how the crown is to ..... his title to defend. lord mackay rejected that argument, holding, at p 169, that the term "public department" in section 1 of the crown suits (scotland) act included: "whatever be the colonial department of the government of the king at any particular time, covering all that department's mandatories, like the governor-general and his ..... jurisdiction if there is available an alternative forum more appropriate for deciding the dispute in question. in the present context parliament has itself indicated, in the 1999 act, the basis on which the courts of scotland or england have jurisdiction in respect of appeals. as noted above, the determining factor is where the adjudicator made .....
Tag this Judgment!Court : House of Lords
..... decision was wrong (financial provision on divorce - a question of technique, 1992 slt (news) 241). professor joseph thomson, then regius professor of law at glasgow university, said that it was right (financial provision on divorce - not technique but statutory interpretation, 1992 slt (news) 245). when it came here on appeal your lordships ..... demonstrated, these can operate harshly in some cases, particularly where the resources consist largely of income rather than property. three pointers in the 1973 act 128. although the 1973 act, as amended in 1984, contains no express objective for the court, it does contain some pointers towards the correct approach. first, the ..... be subject to continuous monitoring and periodical reports to parliament. their recommendation as to how the guidelines in section 25(1) of the matrimonial causes act 1973 should be revised avoided an approach that was too prescriptive. they said that the importance of each party doing everything possible to become self- .....
Tag this Judgment!Court : House of Lords
..... to material already in the prosecution's possession. after the prosecution rejected her request, the appellant applied under section 8 of the criminal procedure and investigations act 1996 for an order requiring the prosecution to disclose the records requested. 77. at hearings in march and april 2006, the intended trial judge, hhj ..... transactions between ikea companies and supplier companies with which the appellant was associated. 29. a preparatory hearing under section 7(1) of the criminal justice act 1987 had been ordered. the appellant, and the other defendants, were arraigned at the commencement of the preparatory hearing and the appellant's section 8 ..... this case the defendant, with others, was charged, with conspiracy to defraud. she made an application, under section 8 of the criminal procedure and investigations act 1996, for disclosure of documents in the possession of the prosecution. the application was made in the course of a preparatory hearing ordered under section 7 .....
Tag this Judgment!Court : House of Lords
..... recovering hee's assets. preller j also ordered that " letters of request be issued requesting the appropriate division of the high court of the united kingdom to act in aid of the high court of south africa (transvaal provincial division) for the purposes of recognising the appointment of [mr fourie], the applicant, as the ..... claims would be formulated " (appendix page 12) the reference to "statutory enquiries" was, presumably, a reference to proceedings under section 417 of the south african companies act. the transcript of the hearing records, also, park j asking about the effect of the freezing order he was being asked to make. both his question and ..... had posed by referring, first, to a possible claim in respect of torts committed in england and, secondly, to possible proceedings under section 426 of the insolvency act 1986 as a result of which, he appears to have thought, the court might give directions dealing with "pleadings and discovery and the usual procedural points" (appendix .....
Tag this Judgment!Court : House of Lords
..... not just, or indeed primarily, because of its likely unreliability, but rather because the state must stand firm against the conduct that has produced the evidence, is universally recognised both within and outside convention law. what is, with respect, a particularly strong statement to that effect, citing a multitude of equally strongly worded authorities, is ..... that the convention shall not apply to any person with respect to whom there are serious reasons for considering that he has been guilty of various acts, including (c) acts contrary to the purposes and principles of the united nations". there seems little doubt that encouraging terrorism is contrary to those purposes and principles. but the ..... what would ordinarily be a question of fact. the reasoning was that siac is a public body required by section 6(1) of the human rights act 1998 to act in accordance with convention rights and therefore if it gave a decision contrary to a convention right it made an error of law. for my part .....
Tag this Judgment!Court : House of Lords
..... questions of general importance, i agree that they need deciding. 127. lord hope and lord neuberger have helpfully analysed the detailed provisions of the vat act 1994. the act was of course passed in the context of the sixth vat directive 77/388, but it has not been suggested by counsel that the directive ..... actionable by them in tort against alldech. in response to this, total submits, and the court of appeal held, that the statutory scheme of the vat act 1994 precludes any independent actionable remedy in tort against alldech. 115. the house is not concerned with an alleged conspiracy committed with the predominant intention of injuring ..... conspiracy (or of intimidation, coercion or breach of contract). allen, the london representative of the boilermakers society, had simply been summoned to the shipyard, and (acting on his own initiative) told the management what would happen if flood and taylor (woodworkers who were known to have done ironwork at another yard) were not discharged .....
Tag this Judgment!Court : House of Lords
..... a third had firm plans: j ermisch, personal relationships and marriage expectations (2000) working papers of the institute of social and economic research: paper 2000-27, university of essex. cohabitation is much more likely to end in separation than is marriage, and cohabitations which end in separation tend to last for a shorter time than ..... discretionary remedies to make specific capital or income provision on separation or death. provisional proposals, not unlike those which have been enacted in the family law (scotland) act 2006, were made in consultation paper no 179 (referred to in para 44 above) and the commission intends to publish its final report by august 2007. ..... reid (at 896f) lord morris (at 898b) and viscount dilhorne (at 901a) simply repeated the formula which appears in section 53(2) of the law of property act 1925, "resulting, implied or constructive trust." lord pearson (at 902b) specified a resulting trust as the correct basis. (so had lord upjohn in pettitt [1970] ac .....
Tag this Judgment!Court : House of Lords
..... analogy between a practice such as this, pursued by only a few individuals, attended with the severest suffering, and productive of very doubtful benefit, and the universal habit of killing animals for human food in a manner that causes at the most but momentary pain. it may well be that if the finding of ..... . the attorney-general, however, submitted that any association which included among its objects the passing by parliament of any legislation, unless it were an uncontroversial enabling act, was to be considered a political association, and must be refused the privileges which the law allows to charities. but no authority was cited which would warrant ..... of vivisection, including in that term all experiments on living animals whether calculated to inflict pain or not, and (for that purpose) the repeal of the cruelty to animals act, 1876, and the substitution of a new enactment prohibiting vivisection altogether. . . . we think it has been proved conclusively that: (a) a large amount of .....
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