Court : UK Supreme Court
..... , this is clearly the appropriate basis for assessing damages, given that nuisance is a property-related tort and what constitutes a nuisance is judged by the standard of the ordinary reasonable person 102. the question which arises is what, if any, principles govern the exercise of the court's jurisdiction to award damages ..... have involved the payment of compensation the judge rejected the claim although he accepted that the principle of statutory immunity had no direct application, he attached weight to the fact that parliament had delegated to the local planning authority the task of balancing the likely pros and cons of a proposed development, under ..... nuisance claim this evidence will often consist of letters or other submissions from neighbours (sometimes including the claimant), expert assessments, and advice from planning officers the weight to be given to this sort of evidence obviously depends very much on the facts of the particular case, but, in a nuisance case with live witnesses .....
Tag this Judgment!Court : UK Supreme Court
..... said that there was any substantive debate by members of the legislature on the continued justification in light of modern day penal policy and of current human rights standards for maintaining such a general restriction on the right of prisoners to vote." (para 79). 133. the court concluded as follows, at para 82: " ..... , in matters of general policy, on which opinions within a democratic society may reasonably differ, the role of the domestic policy-maker should be given special weight." see also scoppola, para 83 and s yler, para 33. within the domestic legal context, it is now therefore for parliament as the democratically elected ..... pointed out that the court in its recent decision in animal defenders international v united kingdom (application no 48876/08, 22 april 2013) demonstrated the "considerable weight" that it was prepared to attach to "exacting and pertinent reviews, by both parliamentary and judicial bodies, of the complex regulatory regime governing political broadcasting in .....
Tag this Judgment!Court : UK Supreme Court
..... where incorporated through european directives), and is no longer directly relied on in this appeal, the decisions of the committee deserve respect on issues relating to standards of public participation. 101. the committee, by a decision adopted on 25 february 2011, rejected all the allegations of breach of the convention. in particular ..... convention), but rather "a document relating to a specific activity". it seems therefore that this case has not disclosed any defects in domestic procedures judged by european standards. remedies 102. two issues have been argued before us in relation to the procedure: (i) discretion (ii) standing. on the latter issue, i have ..... substantial compliance with the directive could enable the planning permission in this case to be upheld." 127. although of course these statements carry great persuasive weight, care is needed in applying them in other statutory contexts and other factual circumstances. not only did they rest in part on concessions by counsel .....
Tag this Judgment!Court : US Supreme Court
..... spoke in the language of field pre-emption. the court explained that where congress has enacted a complete scheme of regulation and has therein provided a standard for the registration of aliens, states cannot, inconsistently with the purpose of congress, conflict or interfere with, curtail or complement, the federal law, or ..... the constitution. the law instructs officers to make a reasonable attempt to investigate immigration status, and this language is best understood as incorporating the fourth amendment s standard of reasonableness. indeed, the arizona legislature has directed that 2(b) shall be implemented in a manner consistent with federal laws . . . protecting the ..... regulation is impermissible. field pre- emption reflects a congressional decision to foreclose any state regulation in the area, even if it is parallel to fed- eral standards. see silkwood v. kerr-mcgee corp., 464 u. s. 238, 249 (1984) . federal law makes a single sovereign responsible for maintaining a comprehensive .....
Tag this Judgment!Court : UK Supreme Court
..... keeping functions, such as in northern ireland, whilst still being subject to common law duties of care. the difficulties of their task are reflected in the standard of the duty rather than by denying its applicability". the european court of human rights has (as lord hope noted in gentle, paras 18-19) itself ..... armed forces against chechen separatist fighters which led to the deaths of civilians. in such cases, it appears that the exigencies of military life go to the standard and performance, rather than the existence of, any convention duty. outside the sphere of "combat operations" or "battle damage" (para 34 above), this has ..... through the effective administration of the territory". the respondent therefore submits that there would be no interference with iraqi sovereignty and no attempt to impose convention standards on iraq or anyone other than the british state, by recognising the existence of convention obligations as between the united kingdom and nationals like private smith .....
Tag this Judgment!Court : UK Supreme Court
..... the new reform law of sark satisfactory [t]o confer by heredity upon an unelected man the positions and powers of the seigneur would be going too far by the standards of modern democratic governance": para 117. 70. it does not follow, however, that as a matter of convention law there is an invariable rule that all members must be elected ..... chief pleas which was certainly not fully democratic. but the respondents are right in their contention that the chief pleas' support for the reform law is a political factor of weight, because it offers confidence that the reform law will command the level of respect and legitimacy in the eyes of the people of sark that is necessary to secure significant .....
Tag this Judgment!Court : US Supreme Court
..... not regularly flooded by rivers, streams, and other hydrographic features more conventionally identifiable as waters. 474 u. s., at 131. applying this standard, we held that the corps decision to interpret waters of the united states as encompassing such wetlands was permissible. we recognized the practical difficulties ..... adjacent to them are likely, in the majority of cases, to perform important functions for an aquatic system incorporating navigable waters. the corps existing standard for tributaries, however, provides no such assurance. as noted earlier, the corps deems a water a tributary if it feeds into a traditional navigable ..... tributaries significantly affect the chemical, physical, and biological integrity of other covered waters more readily understood as navigable. post , at 25, 23. this standard certainly does not come from riverside bayview , which explicitly rejected such case-by-case determinations of ecological significance for the jurisdictional question whether a wetland .....
Tag this Judgment!Court : US Supreme Court
..... racially discriminatory purpose. the plurality also apparently reaffirms the vitality of white v. regester and whitcomb v. chavis, which established the standards for determining whether at-large election systems are unconstitutionally discriminatory. the plurality nonetheless casts aside the meticulous application of the principles of these ..... presumed to have "intended" that there would be no negro commissioners, simply because that was a foreseeable consequence of at-large voting, it applied an incorrect legal standard. "'discriminatory purpose' . . . implies more than intent as volition or intent as awareness of consequences. . . . it implies that the decisionmaker . ..... of citizens of all races shall be of substantially equal weight. furthermore, a disproportionate impact test under the fifteenth amendment would not lead to constant judicial intrusion into the process of official decisionmaking. rather, the standard would reach only those decisions having a discriminatory effect upon .....
Tag this Judgment!