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!Court : UK Supreme Court
..... are actually increasing and compounding their disadvantages." our present system of identifying and providing for the special educational needs of disabled children, contained in the education act 1996, is the outcome of the recommendations of the warnock report, first legislated in 1981, and based on that philosophy. this is not to suggest ..... had to be provided for children with special educational needs. mr bowen placed at the heart of his argument the requirement of section 19 of the education act: "(1) each local education authority shall make arrangements for the provision of suitable ... education at school or otherwise than at school for those children of ..... he is doubly incontinent, has no concept of danger and requires constant supervision. he is reliant on adults for his every need. under the education act 1996 ("the education act") he had, at the material time special educational needs. a's claim was brought together with similar claims by three other young people with special .....
Tag this Judgment!Court : UK Supreme Court
..... booklet was operative and indeed during the years for which assessments have been raised against the appellants. the section was section 334 of the income and corporation taxes act 1988 and it provided as follows: "commonwealth citizens and others temporarily abroad every commonwealth citizen or citizen of the republic of ireland (a) shall, if ..... to collect taxes which are properly payable in accordance with current legislation but it is also responsible for managing the tax system: section 1 of the taxes management act 1970. inherent in the duty of management is a wide discretion. although the discretion is bounded by the primary duty (r(wilkinson) v inland revenue comrs [ ..... the second bullet point, which has two parts, represented the day-count proviso. although the first part of it was statutory (now section 830 of the 2007 act), the second part of it reflected long-established revenue practice: thus, if the individual visited the uk for six months or more in any year of assessment, .....
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
..... importance in the future and because i would not go as far as lord collins. lord collins has set out the relevant provisions of the limitation act 1980 ('the act') and the cpr and has discussed the authorities in a masterful way which i could not seek to match. my concern is this. if this ..... , which could not have been dealt with (or normally even predicted) when proceedings were originally issued." he then explained why there was no problem under the limitation act. "in all such situations, of which death is only the most striking, it seems self-evident that any existing proceedings, properly constituted within the limitation period, ..... effect of such decisions as ingall v moran [1944] kb 160, which created a grave injustice where proceedings were instituted under the law reform (miscellaneous provisions) act 1934 prior to letters of administration being taken out and the limitation period expired before proceedings were instituted in a representative capacity: the grant did not date back .....
Tag this Judgment!Court : UK Supreme Court
..... the trustees' deliberations have fallen short of the highest possible standards, or that the court would, on a surrender of discretion by the trustees, have acted in a different way. apart from exceptional circumstances (such as an impasse reached by honest and reasonable trustees) only breach of fiduciary duty justifies judicial intervention ..... public prosecutions v hutchinson [1990] 2 ac 783). 14. in the field of trust law the most common invalidating factor, until the perpetuities and accumulations act 1964, was the unreformed rule against perpetuities, or remoteness of vesting. this applied relentlessly both to dispositions of property made by settlors or testators of ..... one instance, the disposal of actuarial surplus in a superannuation fund)." the same principles apply, at least in a modified manner, to other persons acting in a fiduciary capacity. 11. there are superficial similarities between what the law requires of trustees in their decision-making and what it requires of decision .....
Tag this Judgment!Court : UK Supreme Court
..... the applicable law. it is common ground that the applicable law falls to be determined by the provisions of the private international law (miscellaneous provisions) act 1995 ("the 1995 act") and not by the european parliament and council regulation 864/2007/ec on the law applicable to non-contractual regulations, known as the rome ii ..... representations as part of a common design and conspiracy with the other respondents to defraud vtb: amended particulars of claim, paras 27(f) and (g). they "acted in concert pursuant to a common design": amended particulars of claim, para 67(a). the nominal owner of nutritek was the second respondent, marcap bvi. marcap bvi ..... because england is the place where the events constituting the tort occurred, within the meaning of section 11(1) of the private international law (miscellaneous provisions) act 1995 and the respondents have not shown under section 12 that the significance of the factors connecting the tort with russia is such that it is substantially .....
Tag this Judgment!Court : UK Supreme Court
..... of european integration, (1998) vol 25, issue no 1. the article focuses on references to the vienna convention in relation to treaties and secondary legal acts entered into by the community with third parties. the european treaties themselves are of a special and different nature, as the article points out with reference to ..... contemplated that it would be interpreted uniformly and according to accepted european legal principles. when applying the common law presumption that part 1 of the 2003 act gives effect to the united kingdom's international obligations fully and consistently (assange, paras 201 and 204-206), i would therefore think it appropriate to ..... lord kerr, lord wilson, lord hughes and lord toulson agree) introduction 1. these appeals concern requests made for the surrender under part 1 of the extradition act 2003 of three persons wanted to serve sentences imposed upon their conviction in other member states of the european union. the requests relating to the appellants mindaugas .....
Tag this Judgment!Court : UK Supreme Court
..... company, it was expected that a winding-up would follow, and the available assets would be distributed to creditors within the liquidation. the enterprise act 2002 ("the 2002 act") rendered it possible for assets to be distributed to creditors by administrators, so that a winding-up can be avoided. (conversely, a company ..... the scheme (the "trustees"). under the section as originally drafted, an "insolvency event" was limited to the employer going into insolvent liquidation, but the 2004 act extended the expression to include going into administration. in this judgment i shall similarly use the expression to cover going into administration or going into insolvent liquidation. ..... it will then consider whether those liabilities rank as expenses of the administration. finally, it will address the power of the court under the 1986 act and the insolvency rules to vary the priority of the liabilities. the relevant statutory provisions relating to pensions 5. in order to protect employees from the .....
Tag this Judgment!Court : UK Supreme Court
..... of different things. properly speaking, it means disregarding the separate personality of the company. there is a range of situations in which the law attributes the acts or property of a company to those who control it, without disregarding its separate legal personality. the controller may be personally liable, generally in addition to ..... a company called introcom ltd, incorporated in gibraltar. introcom was owned and controlled by a liechtenstein trust of which mr smallbone was a beneficiary. its directors acted on his instructions. at an earlier stage of the litigation, trustor had obtained summary judgment on some of its claims against introcom, on the footing ..... have been amply explained by lord sumption. i would only emphasise the special nature of proceedings for financial relief and property adjustment under the matrimonial causes act, which he explains in para 45. there is a public interest in spouses making proper provision for one another, both during and after their marriage, .....
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