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 .....
Tag this Judgment!Court : House of Lords
..... the proceedings are held has inflicted or been complicit in the torture. it would indeed be remarkable if national courts, exercising universal jurisdiction, could try a foreign torturer for acts of torture committed abroad, but could nonetheless receive evidence obtained by such torture. the matter was succinctly put in the ..... what if agents of other countries extract information by use of torture? is this information admissible in court proceedings in this country? 67. torture attracts universal condemnation, as amply demonstrated by my noble and learned friend lord bingham of cornhill. no civilised society condones its use. unhappily, condemnatory words are ..... p pinochet ugarte (no 3) [2000] 1 ac 147, 197-199, the jus cogens nature of the international crime of torture, the subject of universal jurisdiction, was recognised. the implications of this finding were fully and authoritatively explained by the international criminal tribunal for the former yugoslavia in prosecutor v furundzija .....
Tag this Judgment!Court : House of Lords
..... against persecution for convention reasons. it was not directed (persecution apart) to the level of rights prevailing in the country of nationality. the article on refugees in the universal declaration was authoritatively criticised in 1948 as "artificial to the point of flippancy" (see roma rights case, above, para 14), and influential though the declaration has been ..... the particular case falls. the more closely the persecution in question is linked to the state, and the greater the control of the state over those acting or purporting to act on its behalf, the more likely (other things being equal) that a victim of persecution in one place will be similarly vulnerable in another place ..... live there would expose him that requires to be evaluated, as does the risk that sooner or later he will be forced by the state or those acting with its connivance or under its authority to return to darfur where on the grounds of his ethnicity he would almost certainly be persecuted. an evaluation of .....
Tag this Judgment!Court : House of Lords
..... women graduates of st andrews and edinburgh, who, as graduates, were members of the general council of their university, sought a declarator that they were entitled to vote under section 27 of the representation of the people (scotland) act 1868. the section provided that "every person" whose name was on the register of the general council, ..... if of full age "and not subject to any legal incapacity", was to be entitled to vote for the member of parliament for the university. this house held that the section ..... change in favour of women graduates, one would expect to find plain language and express statement." 61. although embodied in a statute, in a system of universal suffrage today the right to vote would fall within everyone's notion of a "constitutional right". and, doubtless, the principle of legality would apply in construing .....
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 the inland revenue in accordance with their requirements.' the only identified requirement of the inland revenue is that contained in section 8 of the taxes management act 1970 to make and deliver a return containing such information as may reasonably be required by the notice given to the taxpayer. one must, therefore, look ..... earnings figure (para 3(3) (c) and (5)). the draftsman has not followed the technique of referential incorporation of provisions of the income and corporation taxes act 1988 ("icta 1988") in defining the concept (familiar for tax purposes) of trading profit. instead the draftsman has provided his own set of rules, which reproduce ..... complex. (5) csa 1991 was significantly amended (in line with the white paper, improving child support (cm 2745), published in january 1995) by the child support act 1995 ("csa 1995"). in particular, new sections 28a to 28i and schedules 4a and 4b introduced powers enabling a "departure direction" to be made, on the application .....
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
..... 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
..... 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
..... 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 .....
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