Court : House of Lords
..... coalition would strictly abide by their obligations under international law, including those relating to the essential humanitarian needs of the iraqi people; that the us, the uk and their coalition partners, acting under existing command and control arrangements through the commander of coalition forces, had created the cpa; that the us, the uk and their coalition partners, working through the cpa, should ..... fact that was so (para 152) because, unlike the position in the bosphorus case (bosphorus hava yollari turizm ve ticaret anonim sirketi v ireland (2005) 42 ehrr 1), (a) kfors impugned acts could not be attributed to the respondent states, and in any event (b) kfors actions were directly attributable to the un, an organisation of universal jurisdiction fulfilling its imperative collective security objective. ..... has shown, both state practice and the weight of academic authority support the view that articles 25 and 103 apply where the security council, acting under chapter vii, adopts a resolution, such as resolution 1546, which authorises rather than requires member states to take military action to meet ..... of section iii of the hague regulations on the laws and customs of war on land (1907) and the fourth geneva convention on the protection of civilian persons in time of war (1949) in the areas which they respectively occupied. 9. ..... fully with their obligations under international law, including in particular the geneva conventions of 1949 and the hague regulations of 1907. .....
Tag this Judgment!Court : House of Lords
..... the assignation of future improvements is expressed as a dispositive act and it seems to me arguable that it creates no personal obligation but operates entirely in the realm of proprietary rights. ..... section 40(1) of the court of session act 1988 provides that that it shall be competent to appeal from the inner house to the house of lords: "(a) without the leave of the inner house, against a judgment on the whole merits of the cause, or against an interlocutory judgment ..... this was not a case of a restraint imposed upon an employee, such as in electric transmission ltd v dannenberg (1949) 66 rpc 183. ..... mr buchanan, did not deny that under scots law, an assignation of future incorporeal property could vest that property in the assignee immediately upon its coming into existence, without the need for any further act on the part of the assignor. ..... distinguishes between the property charged by way of security (conferring real rights on the assignees) and the personal obligations thereby secured; in particular, the obligation to repay the loan and to make the payments and do the acts specified in clause 1.2. .....
Tag this Judgment!Court : House of Lords
..... the respondents' case formulates this contention as follows: because the definition of the word 'maintained' in section 152 (1) of the factories act, 1937 means, in relation to section 25 (1) of the said act that it is the sound construction which has to be maintained in an efficient state, in efficient working order and in good repair. ..... lord tucker my lords, as to the proper construction of section 25 (1) of the factories act, 1937, in the light of the definition of the word " maintained " in section 152 (1) of that act, i am in agreement with the conclusion reached by the trial judge, the members of the court of appeal and your lordships that it has not the wide meaning contended for by the appellant so as to ..... working order " is used in a very loose way, which one does not expect in an act of parliament, to ask whether a floor is in efficient working order is to ask a meaningless question ..... millar [1949] a.c.275 where the grips which ought to have held a lift in place at one of the floors for some unaccountable and unascertainable reason failed to act with the result that one of the workmen fell down the ..... as an additional factor that the obligation is a penal one, that the phraseology is at least ambiguous and although it has to be remembered that the act is intended for the protection of workmen and to that extent should receive a benevolent construction, yet employers are not lightly to be made criminals unless a clear direction of an act of parliament has that effect. .....
Tag this Judgment!Court : House of Lords
..... will be seen that in defining the actions to which the three year period was to apply, parliament adopted neither the simple concept of an action for personal injury (for which, as the committee had suggested, the act provided a definition) nor the specific exclusions mentioned by the tucker committee, but spoke of actions for damages for negligence, nuisance or breach of dutywhere the damages claimedconsist of or include damages in respect of ..... the judge found that the appellant had been subjected to sexual abuse, that the council was vicariously liable and that if the action had come within section 11 of the 1980 act, he would have exercised his discretion to allow it to proceed and awarded 60,000 general damages, 10,000 in respect of past loss of earnings, 25,000 in respect of the appellants disability on the labour market and ..... this is the date when the claimant knew, or ought to have known, that his injury was significant, that it was attributable to the acts or omissions alleged to constitute a breach of duty, the identity of the defendant, and the identity of the alleged wrong-doer if not the defendant and why the defendant should be liable: ..... , i would certainly not suggest that the opposite view was not tenable as a construction of the 1954 act and if matters had rested there, i do not think it would have been right to depart from the ..... enactment was the report of the committee on the limitation of actions 1949 (cmd 7740) under the chairmanship of lord justice tucker. .....
Tag this Judgment!Court : House of Lords
..... english and scottish co-operative properties mortgage and investment society ltd v odhams press ltd [1940] 1 kb 440 was a case in which a society registered under the industrial and provident societies act 1893 complained of an article in the daily herald commenting on the way in which the society had kept its accounts and insinuating that the figures had been deliberately falsified and that the society ..... resolution 1373 passed by the security council required all states to prevent and suppress the financing of terrorist acts and the co-operation of the saudi arabian government and its central bank, sama, was sought by the ..... developed elaborate rituals for relationships between journalists and government officials to circumvent laws on secrecy, to avoid embarrassmentthe official does not act or does not say 'this story is right', does not say 'this story is true. ..... cases concerned very limited publication, but adam v ward did not, and nor did cox v feeny (1863) 4 f and f 13; allbutt v general council of medical education and registration (1889) 23 qbd 400; perera v peiris [1949] ac 1 and webb v times publishing co ltd [1960] 2 qb 535. ..... . he can have no duty to publish unless he is acting responsibly any more than the public has an interest in reading what may be ..... unless the publisher is acting responsibly privilege cannot ..... on to explain that although his source provided information off the record and on terms of confidentiality, that did not mean that she was acting without authority. .....
Tag this Judgment!Court : House of Lords
..... on application to persons who have spent a period in custody and who receive a free pardon, or whose conviction is quashed by the court of appeal or the house of lords following a reference of a case by me under section 17 of the criminal appeal act 1968, or whose conviction is quashed by the court of appeal or the house of lords following an appeal after the time normally allowed for such an appeal has lapsed. ..... the united kingdom's international obligations from giving the citizen more rights than those obligations require that he be given; (d) in a case where this court has quashed a conviction the presumption of innocence requires that acts of parliament are to be interpreted on the basis that it is not intended that the state should proceed on the basis that a wrongly convicted man is guilty. ..... statement of facts and issues defines the issues as follows: (a) the true meaning of the phrase "miscarriage of justice" in section 133(1) of the 1988 act; (b) whether an unsafe conviction resulting from an abuse of process preceding an otherwise fair and properly conducted trial amounts to a "miscarriage of justice" within the meaning of section 133(1) of the 1988 act; (c) whether it was irrational, or otherwise unlawful, of the secretary of state to depart from his own ex gratia policy in this case. ..... what became article 14(6) was discussed at four sessions of the human rights committee, viz in 1949 (the 5th session), 1950 (the 6th session), 1952 (the 8th session) and 1959 (the 14th .....
Tag this Judgment!Court : House of Lords
..... six year time limit by taking advantage of the extended limitation period that is available in england and wales (but not in scotland: see the prescription and limitation (scotland) act 1973, section 6 and schedule i, para 1(b)) under section 32(1)(c) of the limitation act 1980 which provides that, where the action is for relief from the consequences of a mistake, the period of limitation shall not begin to run until the claimant has discovered ..... . by para 13 dmg claimed to be entitled to "restitution of, and further and/or alternatively compensation for, and further and/or alternatively compensation for the loss of use of, monies paid on account of act pursuant to unlawful demands by the first and/or second defendant and/or under a mistake of law and pursuant to the statutory provisions in respect of the dbag dividends" (later amended to both sets of dividends), compensation for loss ..... all times prior to the determination of the european court in the hoechst case, i believed that the united kingdom statute denying the ability to make a group income election was the law and i was bound to act in accordance with this lawit did not occur to me that i could ignore the law as it stood for the simple reason that the law is the law ..... . this is recognised by section 21(1) of the crown proceedings act 1947: see the observations of vaisey j in sebel products limited v commissioners of customs and excise [1949] ch 409, 413 (though the notion of implied contract applied in that case must now .....
Tag this Judgment!Court : House of Lords
..... are not on any view an all-embracing protection which renders superfluous, at places with which an employer has no connection except that his or her employee has while working to visit them, the occupiers liability acts or ordinary common law duties of care or such other duties as may in this case have been owed by the national health service as suppliers of the ramp. ..... for instance, in armstrong, whitworth and co ltd v redford [1920] ac 757, 780, lord wrenbury said, in relation to somewhat similar legislation, the workmens compensation act 1906, i have long since abandoned the hope of deciding any case upon the words out of and in the course of upon grounds satisfactory to myself or convincing to others". ..... doing so he followed a long line of authority to the same effect: smith v cammell laird and co ltd [1940] ac 242; galashiels gas co ltd v millar [1949] ac 275; hamilton v national coal board [1960] ac 633; see also nimmo v alexander cowan and sons ltd [1968] ac 107. ..... situations contemplated by the legislation which the modern regulations have superseded such as the mines and quarries act 1954, the factories act 1961 and the offices, shops and railway premises act 1963 were not of that kind. ..... the inspection had revealed a defect which subsequently injured mrs smith, there would presumably be a good claim in negligence, but that would not be because the council had inspected: it would be because the council failed act appropriately as a result of discovering the defect. 95. .....
Tag this Judgment!Court : House of Lords
..... when the plaintiffs became holders of the bill of lading (which incorporated section 4 (5) of the united states carriage of goods by sea act, 1936), their rights were limited by the provision that the "carrier" would not (unless a certain condition was satisfied) be liable to a greater amount than $500 per package or customary freight unit. ..... (the owners of the ship and the carriers of the drum), had some years previously (in 1952) made a stevedoring contract with the stevedores: it was upon the terms of this contract that the stevedores were acting on the 3rd may, 1957, and at such other times as they were performing services for the ship-owners. ..... nor will i easily be led by an undiscerning zeal for some abstract kind of justice to ignore our first duty, which is to administer justice according to law, the law which is established for us by act of parliament or the binding authority of precedent.the law is developed by the application of old principles to new circumstances. ..... it has done so in sections 2 and 3 of the merchant shipping (liabilities of shipowners and others) act, 1958: and sections 1, 5 and 10 and the first schedule article 25a of the carriage by air act, 1961, which is not yet in force nor likely to be for some time. ..... to be that where there is a contract which contains an exemption clause, the servants or agents who act under that contract have the benefit of the exemption clause, see mersey shipping and transport co.ltd. v. ..... river douglas catchment board [1949] 2 k.b. .....
Tag this Judgment!Court : House of Lords
..... can, at any rate with hindsight, be recognised as a case of unlawful object (or lawful means) conspiracy, since (on the facts found) the union did not have the justification of advancing its own interests, and was acting primarily for the purpose of punishing and injuring leathem (see especially the speeches of lord macnaghten at p 511 and lord shand at p 515; lord lindley, however, at p 538 seems to have regarded it as a case ..... before considering those three issues, which raise points of difficulty and significance, it is convenient briefly (a) to summarise the relevant provisions of the value added tax act 1994 (the 1994 act), as they play such a crucial part in the arguments on the first two issues, and (b) to consider the viability of the commissioners two ways of putting their case in the light of the sixth directive ..... 46 of the judgment the ecj said this: an obligation on the tax authorities to take account, in order to determine whether a given transaction constituted a supply by a taxable person acting as such and an economic activity, of the intention of a trader other than the taxable person concerned involved in the same chain of supply and/or the possible fraudulent nature of another ..... that the sort of considerations relevant to determining whether a breach of statutory duty is actionable in a civil suit (cutler v wandsworth stadium ltd [1949] ac 398) may well overlap, or even occasionally coincide with, the issue of unlawful means in the tort of conspiracy. .....
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