Court : House of Lords
..... "his social relations" - the court nevertheless continued: "deprivation of liberty may, however, take numerous other forms. their variety is being increased by developments in legal standards and in attitudes; and the convention is to be interpreted in the light of the notions currently prevailing in democratic states." the court also echoed (at para 92 ..... is the sole issue that falls to be considered (see para 88 above). 95. the government's reasoning (see para 91 above) is not without weight. it demonstrates very clearly the extent of the difference between the applicant's treatment on asinara and classic detention in prison or strict arrest imposed on a ..... obtaining work; the possibilities for cultural and recreational activities; and communications with the outside (pp 342-345). in the result, the court on the facts attached weight (para 95) to the small area of the island open to him, the dilapidated accommodation, the lack of available social intercourse, the strictness of the almost .....
Tag this Judgment!Court : House of Lords
..... having had any real opportunity of examining them or of assessing the value of the security it affords. the rules were therefore designed to incorporate certain, reasonable, standard provisions into the contracts of carriage to which they applied. 57. the rules applied, first and foremost, to contracts of carriage covered by a bill of lading ..... containers, other packages or units bearing marks or numbers indicated in the "carrier's receipt" above said by the shipper to contain the quantity of goods, weights and measurements indicated in the "particulars furnished by the shipper" above which particulars have not been checked by the carrier. such particulars are for shipper's and ..... culminated in adoption of the hague rules there are many participants, with differing and often competing objects, interests and concerns. it is potentially misleading to attach weight to points made in the course of discussion, even if they appear at the time to be accepted. in the present case, i do not think .....
Tag this Judgment!Court : House of Lords
..... first he submitted that the appellants were taking proceedings to determine their civil rights, so that article 6 entitled them to a fair hearing, applying the standard relevant to civil proceedings. secondly he submitted that the proceedings were, in part, to determine the lawfulness of the appellants detention, so that the ..... the proceedings accorded a substantial and sufficient measure of procedural protection. 233. the special advocate procedure too provides an opportunity for questions as to the weight to be attached to undisclosed evidence to be tested and for siac itself, exercising its substantial experience in these matters, to distinguish between sensitive ..... assurances provided, in their practical application, a sufficient guarantee that the applicant would be protected against the risk of treatment prohibited by the conventionthe weight to be given to assurances from the receiving state depends, in each case, on the circumstances obtaining at the material time. 187. my lords, .....
Tag this Judgment!Court : House of Lords
..... .." 37. while the attorney general challenged and resisted the third, fourth and fifth steps in the appellants' argument, he directed the weight of his submission to challenging the standard of judicial review for which the appellants contended in this sixth step. he submitted that as it was for parliament and the executive ..... these measures are applicable only to non-deportable foreigners, they might appear, moreover, to be ushering in a two-track justice, whereby different human rights standards apply to foreigners and nationals." in its general policy recommendations published on 8 june 2004, the european commission against racism and intolerance, a council of ..... committee conclusion 44 in the report of the 37th session (1986), "detention of refugees and asylum seekers", para (b); unhcr revised guidelines on "applicable criteria and standards relating to the detention of asylum seekers" (february 1999), guideline 3; goodwin-gill, the refugee in international law (2nd ed, 1996), p 247, fn .....
Tag this Judgment!Court : House of Lords
..... health act 1983, the controlling statute, is out of date in its approach. unfortunately, its modernisation in a comprehensive new statute, in conformity with evolving standards, has not yet been accomplished. in respect of the treatment of persons detained in high security mental hospitals, such as ashworth hospital, it has been ..... . secondly, the proportionality test may go further than the traditional grounds of review inasmuch as it may require attention to be directed to the relative weight accorded to interests and considerations." the application of these established principles, wholly appropriate to the context of fundamental rights, reinforces the conclusion of the court ..... and its requirements." the considered judgment of a strong and experienced court of appeal naturally commands great respect. but this conclusion gives the code a weight which parliament did not give it, which the secretary of state does not support and which the convention context does not require. it deprives .....
Tag this Judgment!Court : House of Lords
..... been authorised by primary legislation and by rules approved in parliament. reliance has not been placed on implication to warrant so significant a departure from ordinary standards of procedural fairness. 27. schedule 3 to the terrorism act 2000, governing the proscribed organisations appeal commission, contained provisions very similar to those already noted ..... as those involving mr roberts. in addressing the question, however, a court would have to contemplate the two possible alternative solutions, each of which gives decisive weight to the interests of the prisoner. one solution would be to disclose the information to the prisoner's representative and, if possible, to require the informant ..... appointed advocate, meets the requirements of article 5(4). the same competing interests fall to be considered for the purposes of article 5(4), but the weight to be attached to the various factors may well depend, in part at least, on what happens at the hearing. for example, perhaps in the light .....
Tag this Judgment!Court : House of Lords
..... it is made all the more severe by the difficulties which under current conditions couples are likely to experience in providing for a pension which will maintain their standard of living in the future. 120. these effects appear not to have been foreseen in 1981 when the scottish law commission published their report. achieving a ..... . they said that the importance of each party doing everything possible to become self-sufficient should be formulated in terms of a positive principle. they said that "weight" should be given to the view that, "in appropriate cases", periodical financial provision should be "primarily" concerned to secure a smooth transition from the status of ..... the degree of particularity or generality appropriate in the case. the judge will then give to the contribution made by one party's non-matrimonial property the weight he considers just. he will do so with such generality or particularity as he considers appropriate in the circumstances of the case. 28. i must mention .....
Tag this Judgment!Court : House of Lords
..... alone we would find that it is a fuller wider job than that of the retained fire fighter." (para 152) they also found that because of differing entry standards, probationary standards, probationary training and ongoing training, "there are material differences in the 'level of qualification and skills'" between retained and whole time fire-fighters (para 153). putting ..... to the way the evidence was presented and the issues were argued before them. but it led them to concentrate on the differences and not to assess the weight that ought to be given to the similarities. their conclusion that the job of the whole time fire fighter was a fuller wider job than that of ..... degree which one would have thought the tribunal having heard the evidence were best placed to answer. 20. i am not confident however that the tribunal gave sufficient weight to the extent to which the work on which both groups of fire fighters were engaged was "the same" work. the painstaking way in which they addressed .....
Tag this Judgment!Court : House of Lords
..... different objectives from civil actions. where civil actions are designed essentially to compensate claimants for their losses, convention claims are intended rather to uphold minimum human rights standards and to vindicate those rights. that is why time limits are markedly shorterthe one year (albeit extendable) limitation period under section 7(5) of the ..... or to take preventative measures to avoid that risk must be tantamount to gross negligence or wilful disregard of the duty to protect life. such a rigid standard would be incompatible with the obligation of member states to secure the practical and effective protection of the right laid down in article 2. that article ..... forthcoming crown court trial was of course a relevant fact, but not one of great weight having regard to the minor character of the charges and the unlikelihood of a severe penalty. approaching the matter in this way, and applying the standard osman test, i cannot conclude that the test was met in this case. if .....
Tag this Judgment!Court : House of Lords
..... and the source of the bitterness and intransigence which characterised the struggle over the bill, was to secure the grant of home rule to ireland. this was, by any standards, a fundamental constitutional change. so was the disestablishment of the anglican church in wales, also well known to be an objective of the government. attempts to ensure that ..... , the references to hansard contain no important indications on the very point in issue. alternatively, if it is right to admit such material, i would hold that its weight is minimal and cannot possibly prevail over the words used by the parliamentary text. xv. the post 1911 history. 99. the court of appeal further relied on the ..... roll as, an act of parliament. parliament was the author of the way the powers of the house of lords were limited by the 1911 act. so great weight must be attached to the way that parliament itself has viewed the purported exercise of those powers when the 1949 act was enacted. in the field of constitutional law .....
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