Court : UK Supreme Court
..... money (mifid business) distribution rules; (2) subject to (3) [it is common ground that this is an error for (4)], for the clients (other than clients which are insurance undertakings when acting as such with respect of client money received in the course of insurance mediation activity and that was opted in to this chapter) for whom that money is held, according ..... a firm receives from or holds for, or on behalf of, a client..." 179. "cass 7.7 (statutory trust) provides (omitting the special provisions for insurance undertakings): "7.7.1g section 139(1) of the act (miscellaneous ancillary matters) provides that rules may make provision which result in client money being held by a firm on trust (england and wales and northern .....
Tag this Judgment!Court : UK Supreme Court
..... follows: "member states shall ensure that the necessary measures are taken to protect the interests of employees and of persons having already left the employer's undertaking or business at the date of the onset of the employer's insolvency in respect of rights conferring on them immediate or prospective entitlement to old-age benefits ..... d cor pension trustees ltd (which has since been wound up). the company ceased to carry on business on 5 september 2003, when its remaining assets and undertaking were sold. on 22 september 2003 the trustee resolved to continue the scheme as a closed scheme with effect from 5 september 2003. having taken further legal ..... found the resolution of this appeal more difficult than the majority. as lord walker points out, the pensions schemes act 1993 ("psa 1993") is a consolidating statute, and we should look at it, rather than undertake historical archaeology. the critical question is what is comprised within the concept of "benefits the rate or amount of which .....
Tag this Judgment!Court : UK Supreme Court
..... damage which they claim to have sustained as a result of their employers' negligence. the defenders to their actions include, or will include, private undertakings, nationalised industries and public bodies at the level of both local and central government. these respondents claim that they will be financially disadvantaged if the appellants' attack on ..... under any enactment for the carrying on of any industry or part of an industry, any undertaking under national ownership or control and a council in scotlandconstituted under section 2 of the local government etc (scotland) act 1994.employers will, of course, have to meet any claims if the insurer has gone out ..... 2) came into force, and any legal proceedings which were determined before that date. claims which have been determined are therefore not affected by the act.since the act renders pleural plaques (and the analogous conditions mentioned in section 2) actionable, it has the effect of rendering persons liable in damages in respect .....
Tag this Judgment!Court : UK Supreme Court
..... exploit it fully he would need a wayleave over the oxted estate. that is so, whether the owner was a private landowner before the oil was nationalised or was the crown after the 1934 act and, in that case, whether the crown exploited the oil itself or granted a petroleum licence to another to do so. in short, the key ..... myself). it is not necessary to repeat what is said there, except to say that it has long been recognised that "increase in value consequent upon the execution of the undertaking for or in connection with which the purchase is made must be disregarded" (south eastern ry co v london county council [1915] 2 ch 252, at 258, per ..... anti-malarial works consisted of closing unhealthy wells which supplied several different villages, and the spring was seen as a source of fresh water both for the new harbour undertaking and for the villages) and partly because of lord romer's rather discursive discussion of an imaginary auction. i agree with lord brown that it may not be necessary .....
Tag this Judgment!Court : UK Supreme Court
..... before the horse in looking for a fiduciary duty before looking at what mr holland did, because it is what he did that demonstrates that he was undertaking responsibility and exposing himself to a claim for breach of fiduciary duty. lord collins makes a modest reference to his own monumental first instance judgment in ..... shadow directors was eroded. a shadow director is "a person in accordance with whose directions or instructions the directors of the company are accustomed to act": companies act 1985, section 741(2); companies act 2006, section 251(1). in re hydrodam [1994] 2 bclc 180, 183, millett j said that de facto and shadow directorship "do ..... 212; (b) "shadow" directors (i.e. "a person in accordance with whose directions or instructions the directors of the company are accustomed to act": companies act 1985, section 741(2); companies act 2006, section 251(1)) are not within section 212; and (c) section 212 is a procedural provision which does not create any substantive obligations, .....
Tag this Judgment!Court : US Supreme Court
..... and the federalism that secures it are to endure. at the same time, the absence of structural mechanisms to require those officials to undertake this principled task, and the momentary political convenience often attendant upon their failure to do so, argue against a complete renunciation of the ..... . under our jurisprudence, if congress passed an omnibus "substantially affects interstate commerce" statute, purporting to regulate every aspect of human existence, the act apparently would be constitutional. 601 even though particular sections may govern only trivial activities, the statute in the aggregate regulates matters that substantially affect ..... under the third category as a regulation of an activity that substantially affects interstate commerce. first, we have upheld a wide variety of congressional acts regulating intrastate economic activity where we have concluded that the activity substantially affected interstate commerce. examples include the regulation of intrastate coal mining; .....
Tag this Judgment!Court : UK Supreme Court
..... nature of the submissions made to him on behalf of the appellants about the meaning of knowledge for the purpose of section 14(1) of the 1980 act led him to undertake, over ten days of hearing and expressed in 885 paragraphs of judgment, a microscopic survey of the written evidence available to the parties, in particular to ..... but unhesitatingly prefer the view of judge lj. the typical scenario for a claim for personal injury sustained from a bad working environment (exemplified by ali v courtaulds textiles ltd (2000) 52 bmlr 129) is for the potential claimant to go for medical advice to his general practitioner. the overworked gp is naturally more interested in diagnosis ..... injury has been caused by medical treatment or by conditions at work see o'driscoll v dudley health authority [1998] lloyd's rep med 210, ali v courtaulds textiles ltd (2000) 52 bmlr 129 and sniezek v bundy (letchworth) ltd [2000] piqr p213. the facts of this last case might have been devised as an examination .....
Tag this Judgment!Court : US Supreme Court
..... suffering and the state's interests in protecting those who might seek to end life mistakenly or under pressure. as the court recognizes, states are presently undertaking extensive and serious evaluation of physician-assisted suicide and other related issues. ante, at 716-718; see post, at 785-788 (souter, j., concurring ..... otherwise of a misdemeanor." american law institute, model penal code 210.5(2) (official draft and revised comments 1980). 717 washington passed its natural death act, which specifically stated that the "withholding or withdrawal of life-sustaining treatment ... shall not, for any purpose, constitute a suicide" and that "[n]othing ..... argued the cause for petitioners. with him on the briefs were christine o. gregoire, attorney general, and william berggren collins, senior assistant attorney general. acting solicitor general dellinger argued the cause for the united states as amicus curiae urging reversal. with him on the brief were assistant attorney general hunger, deputy .....
Tag this Judgment!Court : US Supreme Court
..... military commissions at issue are unauthorized congress may choose to provide further guidance in this area. congress, not the court, is the branch in the better position to undertake the sensitive task of establishing a principle not inconsistent with the national interest or international justice. banco nacional de cuba v. sabbatino, 376 u. s. 398 , ..... the term party here has the broadest possible meaning; a party need neither be a signatory of the convention nor even represent a legal entity capable of undertaking international obligations. gciii commentary 37. footnote 63 see also gciii commentary 35 (common article 3 has the merit of being simple and clear . its observance ..... innocent civilians, and who would act upon those beliefs if given the opportunity. it bears emphasizing that hamdan does not challenge, and we do not today address, the government s power to detain him for the duration of active hostilities in order to prevent such harm. but in undertaking to try hamdan and subject .....
Tag this Judgment!Court : US Supreme Court
..... of these treaties identify liberties enumerated in the constitution as privileges and immunities common to all united states citizens. for example, the louisiana cession act of 1803, which codified a treaty between the united states and france culminating in the louisiana purchase, provided that the inhabitants of the ..... the leading proponents of the antislavery position. in his memorial to congress, webster argued that [t]he rights, advantages and immunities here spoken of [in the cession act] must . . . be such as are recognized or communicated by the constitution of the united states, not the rights, advantages and immunities, derived exclusively from the ..... contemp. legal issues 361, 383 384 (2009) (discussing evidence that the freedmen s bureau was focused on discrimination). another fourteenth amendment predecessor, the civil rights act of 1866, also took aim at discrimination. see 1, 14 stat. 27 (citizens of every race and color, without regard to any previous condition of slavery .....
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