Court : UK Supreme Court
..... liability should exchange on the valuation date between a willing buyer and a willing seller in an arm's length transaction after proper marketing and where the parties had each acted knowledgeably, prudently and without compulsion." 105. so understood, market value is specific to a given place at a given time. that point can be illustrated by the episode in vanity ..... client, so the provider of the benefits would hope for repeat business; or the service-provider's reputation and goodwill would be enhanced by it being known that he had acted for that client. in my view, in such a case, the very fact that the particular defendant would be able to negotiate a lower price in the open market provides .....
Tag this Judgment!Court : UK Supreme Court
..... [2010] 2 ac 487, sitting in a constitution of nine justices, this court addressed the impact of section 21 and section 87 of the extradition act 2003 (the act) in the context of the right to respect for private and family life contained in article 8 of the european convention of human rights. the case ..... process arises in the context of alleged or proved criminal conduct. the sentencing decision is similarly based on statute. by section 142 of the criminal justice act 2003 (the 2003 act) the court "must have regard" to a number of wide ranging and sometimes inconsistent specific purposes of sentencing. thus, they include the punishment of ..... drug trafficking: (1) criminal association for the purpose of drug trafficking, which carries a sentence of between ten and 24 years' imprisonment; and (2) a specific act of importation, transportation, possession and supply of drugs, aggravated by being committed by more than three persons, which carries a sentence of between three and nine years' .....
Tag this Judgment!Court : UK Supreme Court
..... not. she contends that these findings resulted from the fact that (in breach of the contractual disciplinary procedures) the disciplinary panel was not properly constituted and acted in a manner which was procedurally unfair. this breach, she submits, occurred independently of the dismissal. 56. the undisputed facts are that mr edwards' ..... code of practice relevant to a question arising in unfair dismissal proceedings was to be taken into account in determining that question. under the 2002 act, parliament adopted the direct approach of introducing mandatory dispute resolution procedures and, if a statutory procedure had not been completed for reasons attributable to the ..... by the employer to comply with its requirements." 33. pursuant to the powers conferred by section 31(6), the secretary of state made the employment act 2002 (dispute resolution) regulations 2004 (si 2004/752). these were detailed regulations inter alia about the application of the statutory procedures and what constituted .....
Tag this Judgment!Court : UK Supreme Court
..... ; in re harrison (1880) 14 ch d 19, 25, per james lj). 4. in the case of personal bankruptcy, section 306(1) of the insolvency act 1986 act ("the 1986 act") provides that a bankrupt's estate vests in the trustee in bankruptcy immediately upon his appointment and section 283(1) provides that a bankrupt's estate comprises "all ..... as lord rodger of earlsferry put it in r v j [2004] ukhl 42, [2005] 1 ac 562, para 64, "the notion of a fraud upon an act, acting in fraudem legis, is ancient. although the outer limits of the doctrine remain notoriously difficult to define, this case at least falls squarely within its scope." 122.there is ..... (in fact the lorry owners' administrators had assigned the benefit of the indemnity to the lorry owners' insurance company which had had under section 151 of the road traffic act 1988 to meet mr mayhew's claim against the lorry owners.) 164.professor worthington in "insolvency deprivation, public policy and priority flip clauses" (2010) 7 international corporate .....
Tag this Judgment!Court : UK Supreme Court
..... not constitute valid consideration for her husband's agreement and her claim failed. this unfortunate situation was remedied by the maintenance agreements act 1957. the preamble to this act stated: "an act to make provision with respect to the validity and alteration by the court of financial arrangements in connection with agreements between the parties ..... were childless. legislation in the 19th century progressively extended the concept of the wife's separate property, so that after the married women's property act 1882 everything which a woman owned on marriage or acquired thereafter remained or became her separate property. the system of separate property thus established remains the ..... husband and wife only became fully mutual with the major reforms which came into force in 1971 and are now largely contained in the matrimonial causes act 1973. moreover, until then there were many more people who lived apart for a long time without ever taking divorce or other matrimonial proceedings. an .....
Tag this Judgment!Court : US Supreme Court
..... the united states court of appeals for the fourth circuit [march 30, 2010] justice sotomayor, with whom justice breyer joins, dissenting. the false claims act (fca) divests federal courts of jurisdiction to hear qui tam lawsuits based on allegations or transactions publicly disclosed in a congressional, administrative, or government accounting ..... this provision. because section 3730(e)(4) was drafted subsequent to the completion of the house and senate committee reports on the proposed false claims act amendments, those reports, which contained discussion of altogether different bars, cannot be used in interpreting it. and the sponsors interpretations of the provision ..... petitioners, the graham county and cherokee county soil and water conservation districts and a number of local and federal officials, violated the false claims act (fca) by knowingly submitting false claims for payment pursuant to the 1995 contracts. she further alleged that petitioners retaliated against her for aiding the .....
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