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
..... 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
..... patent in relation to neutrokine- were "significant" because:"[t]hey reveal the importance of the identification of the tissues where [it] is expressed, the tissues where it acts, the nature of its biological activity and how that profile varies in any particular disease state. however, no data is provided to support these claims. further, the ..... comment from the court of appeal in chiron corp v murex diagnostics ltd [1996] rpc 535, 607-608, and a decision in 2005 of a divisional director acting for the comptroller of uk patents, aeomica's application bl o/286/05, which analysed the issue more fully. in my view, neither case provides any ..... . 7. the specification begins by explaining that neutrokine- is a new protein, and a member of the tnf ligand superfamily of cytokines, which are proteins which act as inter-cellular mediators in inflammation and other immune responses. it states that all the known members of that superfamily "are involved in regulation of cell proliferation, activation .....
Tag this Judgment!Court : UK Supreme Court
..... as set out at para 17 above. 49. section 2(1) of the criminal law act 1977, set out at para 19 above, applies a wider principle than glanville williams' formulation of the victim rule, if "victim" is given the wide meaning of any ..... in tyrrell see para 18 above. the decision in that case can best be interpreted as being based on a term to be implied into the criminal law amendment act, based as the reasoning was on the implied intention of parliament. the decision does, however, illustrate the application of the general rule defined by professor glanville williams, ..... to commit the same offence. on appeal these convictions were robustly quashed. lord coleridge cj, giving the leading judgment, said at p 712: "the criminal law amendment act 1885 was passed for the purpose of protecting women and girls against themselves. at the time it was passed there was a discussion as to what point should be .....
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
..... the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information." as the subsection foreshadows, part ii of the act provides for the exemption of certain categories of information from disclosure. section 2(3) confers absolute exemption upon various of the categories. the other ..... that the public interest in maintaining the exemption should "outweigh" the public interest in disclosing the information. 27. among the categories upon which the act confers absolute exemption is information which relates in specified respects to national security (section 23), to court proceedings (section 32) or to personal data ..... constitute an actionable breach of confidence (section 41) or be unlawful in other specified respects (section 44). 28. among the categories upon which the act confers qualified exemption is information the disclosure of which would be likely to prejudice the defence of the britishislands and colonies (section 26) or the .....
Tag this Judgment!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
..... [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
..... documents describe some of the practice followed in the administration of the 1971 act. but the statute itself recognises that instructions to immigration officers as to how they are to apply the rules are different from the rules themselves. the ..... secretary of state within the meaning of para 1(3) of part 1 to schedule 2 to the 1971 act. rules cannot, therefore, encompass the instructions and guidance issued to case-workers and other staff to assist them with processing applications, although in a sense these ..... nevertheless, section 3(2) raises a difficult question of interpretation. what is a rule "as to the practice to be followed in the administration" of the 1971 act? parliament drew a distinction between rules within the meaning of section 3(2) and "instructions (not inconsistent with the immigration rules)" given to immigration officers by the .....
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 .....
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