Court : House of Lords
..... lord halsbury's statement was made in an interlocutory opinion upon an objection taken to evidence in the course of the hearing, and, as the minutes of evidence before the committee for privileges show, the authorities, which have been before your lordships, had not been discussed. ..... indeed, it appears from all the three reports of the case that he pointed out with some fullness that the separation order had the effect of a judicial separation, that all presumptions arising from the state of marriage were at an end, and that any ..... it is a remarkable fact that so far as the reports show no attempt to apply the rule has ever been made in the 55 years that have elapsed since the passing of this act in the trial of such issues as adultery, condonation, custody of children, andc ..... it should be borne in mind that the reasons which lord mansfield gave for his version of the rule differed from those which are to be found in the decided cases on which, according to the report in cowper, he purported to base himself. ..... on a wife's credit, and the objection to pay, on the ground that the goods were required for a child of the wife's, not begotten by the husband, can hardly have been unknown, but no case, so far as i know, is reported upon the point. ..... hetherington (ubi supra) is reported also in the law journal (56 p ..... the anonymous case reported in 22 beav ..... before the lord chancellor (1921, times law reports, vol. 37, p. 1). ..... the grounds for the doubt nor the grounds for the decision are reported. .....
Tag this Judgment!Court : House of Lords
..... a commercial risk which no doubt many people in mr malcolms position would not have taken, but it was a risk which both experience and perusal of housing law reports suggest secure tenants are not uncommonly prepared to run, and no doubt frequently get away with. ..... a landlord voluntarily agreed with all but one of his tenants in a block of flats to vary the user covenants in their leases in some beneficial way, but did not accord that privilege to a tenant because he was disabled, it would be absurd if that was not a reason within section 24(1)(a). ..... simply have been what the patient said, but dr sivathasan also reported that he demonstrated marked psychomotor retardation, associated with impoverished concrete thinking" ..... given in standing committee e was a landlord who refused to let a flat to a disabled woman who was perfectly capable of looking after herself because he feared that in due course she might become a burden (official report, standing committee e, disability discrimination bill, 28 february 1995, col 453). 85. ..... they had not yet had dr sivathasans report, but they had had the letter of 8 july 2004 from mr clifford and dr sivathasan which was quite sufficient to put them on notice that there might have been a connection between the ..... and centrally relevant statutory provisions have been clearly set out and explained by my noble and learned friends, lord scott of foscote and baroness hale of richmond, whose opinions i have had the privilege of reading in draft. .....
Tag this Judgment!Court : House of Lords
..... preclude the establishment of civil liability to pay compensation arising out of the same facts on the basis of a less strict burden of proof (see, mutatis mutandis, x v austria (application no 9295/81), commission decision of 6 october 1992, decisions and reports (dr) 30, p 227; mc v united kingdom (application no 11882/85), decision of 7 october 1987, dr 54, p 162). ..... however, like my noble and learned friend lord carswell, whose speech i have had the privilege of seeing in draft, i have severe doubts about that. ..... it was only following a report of the criminal law revision committee that this was changed by the courts (see paras 45 to 52 of the master of the rolls judgment). .....
Tag this Judgment!Court : House of Lords
..... see, for example, taylor v united kingdom (1994) 79-a dr 127, 137; mccann v united kingdom (1995) 21 ehrr 97, para 161; powell v united kingdom reports of judgments and decisions 2000-v, p 397; salman v turkey (2000) 34 ehrr 425, para 104; sieminska v poland (application no 37602/97) (unreported) 29 march 2001; jordan v united kingdom (2001) 37 ehrr 52, para 105; edwards v united kingdom, 35 ehrr ..... see, for example, lcb v united kingdom (1998) 27 ehrr 212, para 36; osman v united kingdom (1998) 29 ehrr 245; powell v united kingdom reports of judgments and decisions 2000-v, p 397; keenan v united kingdom (2001) 33 ehrr 913, paras 88-90; edwards v united kingdom (2002) 35 ehrr 487, para 54; calvelli and ciglio v italy reports of judgments and decisions 2002-i, p i; neryildiz v turkey (application no 48939/99) (unreported) 18 june 2002. ..... the second was a land accident investigation team report into the procurement and other measures which might be taken to prevent any similar accidents occurring in future. ..... having had the privilege of reading in advance the opinions prepared by my noble and learned friends lord bingham of cornhill and lord hoffmann i find myself in complete and respectful agreement with the reasons they have given for dismissing the ..... i also agree with the reasons given by my noble and learned friend lord bingham of cornhill, which i have had the privilege of reading in draft. .....
Tag this Judgment!Court : House of Lords
..... where i respectfully part company with my noble and learned friend is in relation to the reason which he gave, and maintains in his speech in this appeal (which i have had the privilege of reading in draft) for deciding that he should not remit the assets to luxembourg without protecting the position of creditors who had proved in england. ..... this provision was introduced into insolvency law in consequence of a recommendation in fairly general terms by the cork committee in 1982 (see report of the review committee on insolvency law and practice (cmnd 8858) chapter 49. ..... i have had the privilege of reading in draft the opinion of my noble and learned friend lord hoffmann. .....
Tag this Judgment!Court : House of Lords
..... (heustons article does not advert to the curious fact that when this house gave judgment on 5 august 1901, there were according to the law reports six speeches, given by the earl of halsbury lc, lord macnaghten, lord shand, lord brampton, lord robertson and lord lindley. ..... have been very clearly set out and explained by my noble and learned friends, lord hope of craighead, and lord scott of foscote, in paras 3 to 10 and paras 49 and 51 of their respective opinions, which i have had the privilege of seeing in draft. ..... mr g r dymond of the house of lords library has kindly checked that the lords journals confirm what is in the law reports.) 73. .....
Tag this Judgment!Court : House of Lords
..... here, the coroner found that mr corr underwent over time a psychological change resulting in depression and anxiety not previously experienced", while dr paul mclaren, the consultant psychiatrist instructed by mrs corr, said in his reports that a critical change takes place in the balance of a sufferers thinking, when they stop seeing the hopeless thoughts as symptoms of an illness and the depressive thinking comes to determine their reality and concluded that mr corrs ..... mr cousins adopted and applied to this case the pithy statement of spigelman cj in amp general insurance ltd v roads and traffic authority of new south wales [2001] nswca 186, [2001] aust torts reports 81-619, para 9: there was no duty upon the employerto protect the deceased from self harm". ..... i have had the privilege of reading in draft the opinion of my noble and learned friend lord bingham of cornhill. .....
Tag this Judgment!Court : House of Lords
..... i have had the privilege of reading in draft the opinion of my noble and learned friend baroness hale of richmond. ..... the pre-sentence report commented that her succession of temporary bed and breakfast placements have meant that [m] has more recently had little sense of permanency, and has had to adapt to cope with independence beyond her skills. .....
Tag this Judgment!Court : House of Lords
..... the law commissions recommendations to remedy this problem have never been implemented: see report on the law of positive and negative covenants, 1984, law com no 127. ..... i am in complete agreement with the opinion of my noble and learned friend baroness hale of richmond, which i have had the privilege of reading in draft. .....
Tag this Judgment!Court : House of Lords
..... . this approach would, i think, be in accordance with the recommendations of the law commission in the report (law com no 270) to which i have referred: in its consultation paper no 151, limitation of actions (1998) para 12.44, the commission had proposed that the test of significance should take into account ..... stubbings seems to me to have put more weight upon the report of the tucker committee and hansard than they could properly ..... not find favour in kruber v grzesiak [1963] vr 621 or letang v cooper [1965] 1 qb 232, but i should have thought that, given the terms of the tucker committee report and the obscurity of the parliamentary language, it was seriously arguable ..... [2007] 1 ac 307 the house rejected a submission that section 33 should be confined to a residual class of cases", as was anticipated by the 20th report of the law reform committee (cmnd 5630) (1974) at para 56 ..... . there is a further indication to the same effect in the twentieth report of the law reform committee (cmnd 5630) which was published in may 1974 and to which ..... . but they abandoned this position in their final report and recommended (at para 3.24) that the test of significance should be entirely objective: only claims in respect of which a reasonable person would have thought it worthwhile issuing proceedings will ..... . i have had the privilege of reading in draft the opinion of my noble ..... . i have had the privilege of reading in draft the opinions of my noble and learned friends lord hoffmann and lord .....
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