Court : House of Lords
..... claimant for the determination of this issue, and four sample dividends have been identified for consideration. their relevant details are as follows: dividend payment date dividend amount ( ) act payment date act amount ( ) set off date set off amount ( ) 23/7and 21/9/81 2.5m 12/10/81 1,071,428.57 1/7/90 1/7/ ..... the conclusion of the majority, in my respectful opinion, confuses the remedy for a payment made under a mistake with the remedy for loss caused by a wrongful act. the wrongful act may be tortious, or a breach of contract, or it may be, as here, a breach of some statutory obligation. but, whichever it is, the ..... arbitration tribunals to award, unless the parties had otherwise agreed, simple or compound interest on sums awarded in the arbitration and the late payment of commercial debts (interest) act 1998 provided, in certain circumstances, a right to simple interest on certain commercial debts. moreover, where statutory debts are concerned - fiscal debts owing to the revenue and .....
Tag this Judgment!Court : House of Lords
..... a sort of blurred double vision. in chamberlain v irc (1943) 25 tc 3 , for instance, the court (in applying section 38(2) of the finance act 1938) had to identify "the property comprised in the settlement" and to decide whether that settlement ("or any provision thereof") was revocable, and unsurprisingly encountered difficulties in ..... of which the disponer has entirely divested himself. 43. so the very wide definition of "settlement" in section 660g(1) of the income and corporation taxes act 1988 (as amended) has a long and fairly complicated pedigree. it is in striking contrast to the definition of "settlement" which applied (through its 80-year ..... includes any disposition, trust, covenant, agreement, arrangement or transfer of assets") appeared for the first time in subsection (9)(b) of section 21 of the finance act 1936 (provisions as to income settled on children), which was capable of applying to covenanted payments as well as to the income of settled property. covenants continued to .....
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
..... v chalmers property investment co ltd lord kissen cited with approval the passage from rankine on landownership (p 417) where the learned author states: 'the presumption [for freedom] acts in three ways: first, by demanding certain known modes of constitution; next, after proof of the existence of some right of servitude, by presuming in favour of that ..... 24, questions of how and precisely where the right to park is to be exercised are questions that ought to be capable of being resolved by the parties acting sensibly but can, if necessary, be decided under reference to the rule that the servitude right must be used civiliter. this point has been recognised by the terms ..... may arise as alterations take place in the progress of society. but there is no escape from the fact that servitudes require a neighbouring piece of land to act as a dominant tenement. it is hard to envisage a situation, other than where the right is constituted expressly by a feuing condition or as a real burden .....
Tag this Judgment!Court : House of Lords
..... of delivery", on the invoices. i concentrate on the appellants alternative case. 10. so far as relevant, section 61(1) of the sale of goods act 1979 (the act) provides that, in the act, unless the context or subject matter otherwise requires, delivery means voluntary transfer of possession from one person to another". section 32(1) provides: where ..... has made a special contract with the carrier) involves an analysis of the relationship between the consignor and carrier. thus, in circumstances where a consignor was acting on his own behalf in shipping the goods, or at all events reserving the right vis- -vis the consignees to deal with and redirect the goods, lord ..... case the presumption was that the bailor was the person named as consignee and that in delivering possession of the goods to the carrier the consignor was acting and purporting to act as agent only for a designated principal - the consignee. he added that a consignor could make with the carrier a special contract - one .....
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
..... but of vindicating the deceaseds allegedly infringed rights is an action of a particularly personal nature, akin to those that were expressly excepted in the 1934 act, and that vindicatory damages, although not punitive in intent, are, in common with exemplary damages, extra-compensatory in character. so the question is raised whether ..... estate. they began another action against the chief constable in october 2002. in part, by virtue of section 1 of the law reform (miscellaneous provisions) act 1934 (the 1934 act), they sought damages for, inter alia, battery (trespass to the person) and, in particular, for the deceaseds pain and suffering in the short ..... 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 a criminal offence'. nor could the fact that evidence from the criminal trial is used .....
Tag this Judgment!Court : House of Lords
..... eligible to adopt, regardless of the merits of the individual case (my emphasis). 28. the same view was expressed by dr ursula kilkelly of the university of cork, author of the child and the european convention on human rights (1999), who was commissioned by the northern ireland department of health and social ..... laws were made for northern ireland, except in relation to reserved matters, by the parliament of northern ireland established by the government of ireland act 1920. that act never came into force in relation to the south, but it established the parliament of northern ireland, which legislated on matters within its competence ..... exhibited a consultation paper, adopting the future issued by the department in july 2006 (under the transitional constitutional arrangements set up by the northern ireland act 2006). the consultation paper is an impressively thorough document. under the heading eligibility to adopt it made the following observations: 3.36 the current eligibility .....
Tag this Judgment!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
..... payable for breach of covenant are in the nature of things unpredictable and irregular in their occurrence. 54. rent review clauses and service charges are now almost universal in long leases. their form differs a good deal. counsel agreed that in this appeal the provisions relating to rent review and service charges (the latter ..... after negotiations between bodies representing different commercial and financial interests, and represented something of a compromise. it was enacted as the landlord and tenant (covenants) act 1995 (the act) and it came into force on 1 january 1996. its effect was to abolish the doctrine of privity of covenant, subject to some exceptions and ..... which, under powers conferred upon the lord chancellor by section 27, prescribed the form of the notice under section 17: see the landlord and tenant (covenants) act 1995 (notices) regulations 1995 si 1995/2964. the form required the landlord to say that the fixed charges specified in the notice were due and unpaid .....
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