Court : House of Lords
..... created the instalment debt, the preference and the ordinary shares ; secured that the instalment debt, the cash and the ordinary shares should become the property held on the trusts of the resettlement instead of the land, investments and other interests transferred to the company ; and then withdrew the cash and the instalment debt to become the deceased's absolute property and put an ..... ponsonby and the company were parties it was agreed that the whole of the settled property should be sold to the company for 1,700,000 of which 950.000 was to be paid to the trustees of the resettlement (hereinafter called " the trustees ") in cash on completion of the sale (which was to take place on the 26th march, 1927) and the balance of 750,000 was to be paid to the trustees in cash ..... time in this very long opinion if i say that i accept the company's argument that under the settled land act, 1925, he had power to direct the trustees of the resettlement to change the investments that represented capital moneys, and that this power had to be exercised by him in ..... or indirectly, and any enjoyment in specie of land or other property of the company or of a right thereover which the deceased had for his own benefit whether directly or indirectly; . . ." (2) in this part of this act the expression ' periodical payment' means a payment by way of dividend or interest, a payment by way of remuneration not being a single lump sum payment, and any other payment being one of a series of payments, whether ..... 1949 .....
Tag this Judgment!Court : House of Lords
..... had been delivered after the november 2000 judgment and placed in the house of commons library, the written statement quoted passages and drew the conclusion that anything other than short-term resettlement on a purely subsistence basis would be highly precarious and would involve expensive underwriting by the uk government for an open-ended period - probably permanently. ..... the ministerial statement indicates that a decision to legislate was taken on the basis of the experts (second) report on the difficulties and dangers of resettling the islands - these difficulties and dangers being dangers and difficulties which would affect the chagossians themselves, if they were to try to live on the outer ..... there was a long period of negotiation between the governments of mauritius and the united kingdom over payment for the cost of resettlement, but eventually in september 1972 the two governments agreed on a payment of 650,000, which was paid in march 1973 ..... but her majesty exercises her powers of prerogative legislation for a non-self-governing colony on the advice of her ministers in the united kingdom and will act in the interests of her undivided realm, including both the united kingdom and the colony: see halsburys laws of england (4th ed 2003 reissue) vol 6, para 716: the united kingdom and its dependent ..... in chenard and co v joachim arissol [1949] ac 127, lord reid, delivering the opinion of the judicial committee, cited riel and the comments of lord halsbury lc with evident .....
Tag this Judgment!Court : House of Lords
..... in a v secretary of state for the home department [2005] 2 ac 68, on a challenge by some of the detained persons, that section 23 of the 2001 act was discriminatory and disproportionate, with the consequence that it could not be regarded as strictly required for the purposes of article 15 of the convention, the derogation provision. ..... is the antithesis of liberty, and is more akin to detention in an open prison, where the prisoner is 'likely to be released from prison regularly in order to work, take town visits and temporary release on resettlement or facility licence': see paragraph 5.37 of prisoners and the law, 3rd edn, by creighton and others. ..... given on 28 june 2006 sullivan j held that obligations imposed on the respondents in control orders made by the secretary of state under the prevention of terrorism act 2005 deprived the respondents of their liberty in breach of article 5 of the european convention on human rights and that the orders should be quashed: [2006] ..... questions in these appeals are whether the terms of certain control orders made by the secretary of state under the prevention of terrorism act 2005 are compatible with article 5.1 of the european convention on human rights and whether the procedure by which they were made ..... situation, parliament, rather than leave them at large, enacted section 23 of the anti-terrorism, crime and security act 2001, providing for the detention of such persons despite the fact that their removal or departure from the united kingdom .....
Tag this Judgment!Court : House of Lords
..... it is common ground that for cgt purposes property can pass from one settlement to another, not only as a result of a resettlement effected by one or more of the beneficiaries, but also (as occurred in these appeals) as a result of trustees exercising powers of ..... and (2) provide as follows: "(1) income arising under a settlement during the life of the settlor should be treated for all purposes of the income tax acts as the income of the settlor and not as the income of any other person unless the income arises from property in which the settlor has no ..... overlook the effect of the rule against perpetuities, as explained by this house in pilkington v irc [1962] ac 612; the trust law analysis is that the second settlement served as a vehicle to receive and continue the act of bounty effected by the first settlement, with the rule against perpetuities acting as a sort of umbilical cord between the two settlements; the fact remains, however, that it was a separate settlement for cgt purposes. ..... the expression "derived property" seems to have appeared first in a taxing statute in section 28 of the finance act 1946, in provisions designed to charge higher rates of income tax on some categories of income covenants and other settlements of property in which the settlor ..... by 1995 it was well known that (under the rule then embodied in section 26 of the 1992 act) secured borrowing could be used to produce economic results which were, at least in the short term, at odds with the analysis of the .....
Tag this Judgment!Court : House of Lords
..... it was this instinct of respect which led the court of appeal to satisfy itself that it could properly pronounce upon the validity of the parliament act 1949, notwithstanding the acceptance both by the appellants and the attorney general that it was justiciable in a court of law. ..... it has been a source of concern to some constitutionalists (among them the late lord scarman) that the effect of the 1911, and more particularly the 1949, act has been to erode the checks and balances inherent in the british constitution when crown, lords and commons were independent and substantial bases of power, leaving the commons, dominated by the executive, as the ultimately ..... yet these considerations notwithstanding, the attorney general accepts, as he has throughout this litigation, that the courts are properly seised of this challenge to the 1949 act, and that the attack upon its validity is in no way foreclosed either by the endorsement upon it of the speaker's certificate of compliance with the 1911 act, or by the long passage of time since its enactment, or by its subsequent invocation by both main political parties to enact other legislation too. ..... that said, i agree that the challenge to the validity of the parliament act 1949 and the hunting act 2004 has not been sustained and i would dismiss the appeal. .....
Tag this Judgment!Court : House of Lords
..... salmond as follows: (1) intimidation of the plaintiff himself although there seems to be no authority on the point, it cannot be doubted that it is an actionable wrong intentionally to compel a person, by means of a threat of an illegal act, to do some act whereby loss accrues to him: for example, an action will doubtless lie at the suit of a trader who has been compelled to discontinue his business by means of threats of personal violence made against him by the defendant with ..... for review i have thought it right to express more fully the argument which has appealed to me in favour of the alternative view of the construction of section 3, namely that the acts of the defendants of which the appellant complains are actionable at his suit because (and only because) they have constituted and resulted (as they were intended to do) in an interference with the appellant's employment by ..... once it is accepted that the threat to act in breach of the 1949 agreement constitutes intimidation and is actionable as a tort, if it is likely to harm the appellant and is followed by reasonably foreseeable damage, it is not open to the respondents to rely on this section by saying in effect that the damage cannot be attributed to any particular act of the respondents and therefore the act done is not actionable without the element of ..... in the court of appeal be taxed in accordance with the provisions of the third schedule to the legal aid and advice act, 1949, as amended by the legal aid act, 1960. .....
Tag this Judgment!Court : House of Lords
..... beneficial to mankind, have described that invention (namely, the two specific drugs) with the utmost particularity in their original specification, thereby giving to the public the consideration which the act demands for the monopoly which they seek, and are seeking protection for that invention only, disclaiming everything else which they originally claimed. ..... 22 of the patents and designs act, 1907, as it stood prior to amendment by the patents and designs act, 1949, first schedule, provided that no amendment shall be allowed which would make the specification as amended claim an invention substantially larger than or substantially different from the invention claimed by the specification as ..... it is not relevant to consider in this case the new form of the proviso enacted by the 1949 act and it is not suggested that the amendment proposed would make the specification claim an invention larger than that ..... i would add that the question whether two inventions are "substantially different" is one of fact and degree; and a consideration of the act as a whole leads me to the view that the courts should not be astute to find a "substantial difference" within the proviso to section 22, where, as here, the patentees have, in fact, made a real invention, ..... it depends on the proviso to section 22 of the act (as it stood before amendment in 1949) and the comparison thereby required between the inventions claimed respectively by what may conveniently be referred to as .....
Tag this Judgment!Court : House of Lords
..... the court of appeal fully accepted (para 56) and which calls for repetition: 339 we discern from evidence admissible on the principles in wilson that the legislative aim of the hunting act is a composite one of preventing or reducing unnecessary suffering to wild mammals, overlaid by a moral viewpoint that causing suffering to animals for sport is unethical and should, so far as is practical and proportionate, ..... challenge to the hunting ban: was the parliament act 1949 of full legal effect so as (by its amendments to the parliament act 1911) to provide a lawful means of enacting the hunting act 2004 without the consent of the house of lords ..... scottish ministers 2004 sc 665, the inner house of the court of session said, with reference to the scottish parliaments moral judgment expressed in the protection of wild mammals (scotland) act 2002, the starting point on this issue, in our opinion, is that the prevention of cruelty to animals has for over a century fallen within the constitutional responsibility of the ..... a preliminary ruling on these matters if it was clear that we would be bound to hold, applying the relevant test, that any such restrictions as result from the ban imposed by the act were justified on grounds of public policy under article 30 ec in the case of goods, and under article 46 ec read with article 55 ec in the case of services, respectively and were ..... act received the royal assent, without the approval of the house of lords, pursuant to the parliament acts 1911-1949 .....
Tag this Judgment!Court : House of Lords
..... asylum and immigration (treatment of claimants, etc) act 2004 applies to all marriages which are to be solemnised on the authority of a superintendent registrars certificate under the marriage act 1949 where a party is subject to immigration control (s ..... certain requirements concerning the notice to be given to the superintendent registrar under section 27 in part iii of the 1949 act in the case of a marriage covered by section 19, but nothing turns on the details of these requirements in ..... although enacted nearly 60 years ago, the marriage act 1949, amended from time to time since, remains the primary statute governing the solemnisation of marriages in ..... the church of england believes itself (with some parliamentary encouragement, for example in sections 57 and 58 of the matrimonial causes act 1857) required to marry for the first time anyone who lives in the parish regardless of faith or the lack of ..... which is to be solemnised on the authority of a certificate issued by a superintendent registrar under part iii of the 1949 act, thus excluding anglican marriages following ecclesiastical preliminaries governed by part ii. ..... marriages solemnised according to the rites of the anglican church in england or wales following the reading of banns or the grant of an archbishops licence or a common licence (ecclesiastical preliminaries), the subject of part ii of the act, and marriages solemnised on the authority of a certificate of a superintendent registrar, the subject of part iii. .....
Tag this Judgment!Court : House of Lords
..... there has been evidence of a user by the public so long and in such manner that the owner of the fee, whoever he was, must have been aware that the public were acting under the belief that the way had been dedicated, and has taken no steps to disabuse them of that belief, it is not conclusive evidence, but evidence on which those who have ..... these two appeals, as my noble and learned friend lord hoffmann has said, is whether the respective landowners, respondents in the two appeals, have shown "sufficient evidence" (s.31(1) of the highways act 1980) that they had no intention during the relevant 20 year period to dedicate as public footpaths the paths over their land claimed by the appellants to have achieved that status by 20 years ..... an application to quarter sessions (under section 31 of the national parks and access to the countryside act 1949) by the owner of bossington house in hampshire for a declaration that a footpath over his land was ..... has been evidence of a user by the public for so long and in such a manner that the owner of the fee, whoever he is, must have been aware that the public were acting under the belief that the way has been dedicated, and the owner has taken no steps to disabuse them of that belief. ..... in order for there to be 'sufficient evidence that there was no intention' to dedicate the way, there must be evidence of some overt acts on the part of the landowner such as to show the public at large - the public who used the path, in this case the villagers - .....
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