Court : UK Supreme Court
..... for actions for damages for negligence or in respect of personal injuries and certain categories of property damage: see sections 11 to 14b of the limitation act 1980. mr rabinowitz disclaimed any suggestion that the extended limitation period would apply to a claim for damages, with the possible exception of damages for ..... repayment claims from six to three years, in addition eliminated the special advantage for claims in mistake previously introduced by section 24(5) of the finance act 1989, delaying the commencement of the limitation period for such claims until the claimants had actually or constructively discovered the mistake this being the provision ..... companies from subsidiaries resident in other eu member states and, in some contexts, from subsidiaries in third countries, (2) the lawfulness of uk rules charging act on the onward distribution by uk-resident companies of dividend income received from such subsidiaries, (3) the lawfulness of rules applicable to dividends payable out of .....
Tag this Judgment!Court : UK Supreme Court
..... charges were the consideration for a service supplied to the customers by parcelforce. the majority of the house however rejected that analysis, holding that plantiflor was acting as a principal and received consideration from its customers for providing them with the service of arranging the delivery of the plants. parcelforce made two supplies: it ..... 267 tfeu confers on the court of justice jurisdiction to give preliminary rulings concerning (a) the interpretation of the treaties and (b) the validity and interpretation of acts of the institutions, bodies, offices or agencies of the union. in the present case, it is the court's jurisdiction to rule on the interpretation of ..... the following shall be subject to value added tax: (1) the supply of goods or services effected for consideration within the territory of the country by a taxable person acting as such . . ." articles 5 and 6 define "supply of goods" and "supply of services" respectively. the former means "the transfer of the right to .....
Tag this Judgment!Court : UK Supreme Court
..... statutory framework covering both general liability and the means to secure greater protection where exceptionally it is required. 177. it was the crown proceedings act 1947 which opened the way generally to proceedings in tort against the crown. however, section 10 preserved a specific and precisely defined statutory exception ..... , this is a situation which differs from those 'dangerous' situations of specific threat to life which arise exceptionally from risks posed by violent, unlawful acts of others or man-made or natural hazards. the armed forces, just as doctors in the medical world, routinely engage in activities that potentially could ..... 131 a state's jurisdictional competence under article 1 is primarily territorial. jurisdiction is presumed to be exercised normally throughout the state's territory. conversely, acts of the contracting states performed, or producing effects, outside their territories can constitute an exercise of jurisdiction within the meaning of article 1 only in .....
Tag this Judgment!Court : UK Supreme Court
..... limits. 65. in addition, there is the fast changing landscape of the legal terrain following the passing and implementation of the legal services act 2007. that act is also another indication that parliament is ready to change common law practices which involve special rules for lawyers when it wishes to do ..... information, subject to reservations for legal professional privilege which refer to "professional legal advisers". other provisions, such as section 2 of the criminal justice act 1987 (which confers a corresponding power on the serious fraud office), preserve legal professional privilege subject to exceptions which refer in terms to "lawyers". ..... become commoner as statutory regulation has become more pervasive and powers of compulsion have multiplied. some of the enactments in question, like the taxes management act itself, assume that the privilege applies only to communications involving barristers and solicitors. some of them, particularly in more recent times, have assumed that .....
Tag this Judgment!Court : UK Supreme Court
..... abbotsbury, with lord phillips of worth matravers agreeing)) was based exclusively on the statutory power to assist foreign insolvency proceedings under section 426 of the insolvency act 1986, but lord hoffmann (with whom lord walker agreed) also considered that such a power existed at common law. 51. lord hoffmann characterised the ..... months ending on the date when the administrator was appointed, they constituted unfair preferences and were thus "voidable transactions" under part 5.7b of the australian act. 75. the syndicate (which does not accept that the payments were preferences) refused to accept service of the australian proceedings. the liquidator obtained leave ..... by a written submission on behalf of mr irving picard ("the trustee"), the trustee for the liquidation in the united states under the securities investor protection act of 1970 ("sipa") of bernard l madoff investment securities llc ("madoff"), which was bernard madoff's broking company. the trustee is seeking to enforce .....
Tag this Judgment!Court : UK Supreme Court
..... into force, and any legal proceedings which were determined before that date. claims which have been determined are therefore not affected by the act.since the act renders pleural plaques (and the analogous conditions mentioned in section 2) actionable, it has the effect of rendering persons liable in damages in ..... harmful ingestion should be thus actionable. although the dean of faculty for the appellants suggested that realistically this is the effect of the 2009 act pleural plaques themselves being intrinsically harmless and their real significance being their manifestation of substantial exposure to potentially lethal fibres the existence of ..... under our constitutional arrangements as a self-standing democratically elected legislature. its democratic mandate to make laws for the people of scotlandis beyond question. acts that the scottish parliament enacts which are within its legislative competence enjoy, in that respect, the highest legal authority. the united kingdom parliament has .....
Tag this Judgment!Court : UK Supreme Court
..... which the statute of limitations cannot be set up as a defence. amongst these are the case where a stranger to the trust has assumed to act and has acted as a trustee, and the case where a stranger has concurred with the trustee in committing a breach of trust, and has taken possession of the ..... report. to contend that, in enacting those proposals, parliament was adopting those recommendations, which therefore may be looked at for the purpose of interpreting the 1939 act, is one thing. to contend that, in enacting those proposals, parliament was approving the legal analysis or reasoning behind those recommendations, which therefore may be looked ..... the constructive trust (published 1964) cited by millett lj in paragon finance at p 411g. professor waters stated (with hindsight over-optimistically) that "with the limitation act 1939 it ['the limitation controversy'] passed, probably, for ever", the generally accepted view being that "the false and limited trilogy of trusts in soar v ashwell .....
Tag this Judgment!Court : UK Supreme Court
..... compensation requirement exists for the ancillary right here in question depending upon whether it is enforceable under the 1923/1966 legislation or under the pipe-lines act 1962. it would seem to me most odd had parliament in 1934 expropriated with no compensation whatever the property in all subterranean petroleum together with ..... ordinarily governing the approach to valuation in the field of compulsory land purchase apply equally to the construction and application of section 8(2) of the 1966 act with regard to the compulsory acquisition of ancillary rights over (or, as here, under) land? secondly, even assuming (contrary to bocardo's argument) that ..... with infrastructure projects (first canals, then railways) undertaken by companies in the private sector. the oldest of the statutory formulae was in section 63 of the land clauses consolidation act 1845. it was also the simplest: ". . . the value of the land to be purchased or taken by the promoters . . ." (there was also compensation .....
Tag this Judgment!Court : UK Supreme Court
..... court that the appeal in relation to the worldwide property freezing order (pfo) should be allowed. 160. we agree that the proceeds of crime act 2002 ("the act") is poorly drafted. nevertheless its objective is clear and can be explained in uncomplicated terms. those who engage in criminal or unlawful conduct, whether here ..... may take) is situated. 162. given the ease with which professional criminals in particular can move their assets around the world, by section 74 the act unsurprisingly makes provision for the enforcement of confiscation orders abroad. it is an elementary principle of statutory construction that legislation in this country which purports to ..... scotland (including questions concerning proprietary rights in respect of such property), provided the defender is domiciled in scotland or other requirements specified in the 1982 act are met. at the same time, one would not expect the court to exercise a power to transfer or dispose of moveable property situated outside scotland .....
Tag this Judgment!Court : UK Supreme Court
..... against states not party to the present convention. such declaration shall be without prejudice to the immunity from jurisdiction which foreign states enjoy in respect of acts performed in the exercise of sovereign authority (acta jure imperii). 38. the united kingdom made such a declaration at the time of ratification of the ..... following short passage in para 24 of his judgment "in my judgment, the proceedings resulting from an application to register a judgment under the 1920 act relate not to the transaction or transactions underlying the original judgment but to that judgment. the issues in such proceedings are concerned essentially with the question ..... the purposes of commercial trade. this reflected a growing recognition around the world of the "restrictive doctrine" of state immunity under which immunity related to governmental acts in the exercise of sovereign authority (acta jure imperii) but not to commercial activities carried on by the state (acta jure gestionis). 11. the absolute .....
Tag this Judgment!