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
..... , under the same conditions as nationals of that state. this right shall be exercised subject to detailed arrangements adopted by the council, acting unanimously in accordance with a special legislative procedure and after consulting the european parliament; these arrangements may provide for derogations where warranted by problems ..... , under the same conditions as nationals of that state. this right shall be exercised subject to detailed arrangements adopted by the council, acting unanimously in accordance with a special legislative procedure and after consulting the european parliament; these arrangements may provide for derogations where warranted by problems ..... constitutional arrangements as a self-standing democratically elected legislature. its democratic mandate to make laws for the people of scotland is 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 .....
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
..... p 131 said: "parliamentary sovereignty means that parliament can, if it chooses, legislate contrary to fundamental principles of human rights. the human rights act 1998 will not detract from this power. the constraints upon its exercise by parliament are ultimately political, not legal. but the principle of legality ..... effective legal protection, by establishing a system of legal remedies and procedures to ensure respect for the relevant rights conferred by the race relations act and the employment equality regulations in implementation of the united kingdom's obligations under the two directives. mr allen relies upon the decisions ..... equality directive") established a general framework for equal treatment in employment and occupation. this led to the making, under section 2 of the european communities act 1972, of the employment equality (religion or belief) regulations 2003 ("the employment equality regulations"), prohibiting discrimination on grounds of religion or belief and providing: .....
Tag this Judgment!Court : UK Supreme Court
..... and by all who attend. in formulating the school's admissions policy, it was also the governing body's duty under s.84(3) of that act to act in accordance with the relevant provisions of the code for school admissions prepared under s.84(1) by the secretary of state. the secretary of state's ..... for the purposes of direct discrimination under section 1(1)(a), as distinct from indirect discrimination under section 1(1)(b), the reason why the alleged discriminator acted on racial grounds is irrelevant. racial discrimination is not negatived by the discriminator's motive or intention or reason or purpose (the words are interchangeable in this ..... for the purposes of direct discrimination under section 1(1)(a), as distinct from indirect discrimination under section 1(1)(b), the reason why the alleged discriminator acted on racial grounds is irrelevant. racial discrimination is not negatived by the discriminator's motive or intention or reason or purpose (the words are interchangeable in this .....
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
..... newly discovered facts, no reasonable jury, properly directed, could have convicted them. dissenting judgments lord judge the legislation section 133(1) of the criminal justice act 1988 ("section 133") provides: " when a person has been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been ..... unsafe and therefore the basis on which the secretary of state decides if the conditions for statutory compensation are fulfilled." similar letters were sent to solicitors acting for mr macdermott. these solicitors also made further representations and on 17 november 2008 a final responding letter was sent in which the following appeared: ..... force there, alongside the system for the payment of compensation in respect of all reversals of convictions that fall within section 133 of the 1988 act. this enables those against whom criminal proceedings were taken which can properly be regarded with hindsight as wrongful to be compensated even though their cases .....
Tag this Judgment!Court : US Supreme Court
..... law served a compelling governmental objective. and, typically, that record contained testimony from members of congress (or state legislators) explaining why congress (or the legislature) acted as it did. see, e.g., mcconnell, 540 u. s., at 147 154 (upholding federal restrictions on soft money by drawing on an extensive ..... more contributors, of course, the more the donor s share in any eventual contribution to smith is diluted. 9 the justice department agrees. as acting assistant attorney general mythili raman recently testified before congress: we anticipate seeing fewer cases of conduit contributions directly to campaign committees or parties, because individuals ..... e.g., national conservative political action comm., 470 u. s., at 497 (quid pro quo corruption occurs when [e]lected officials are influenced to act contrary to their obligations of office by the prospect of financial gain to themselves or infusions of money into their campaigns (emphasis added)); citizens against rent .....
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