Court : House of Lords
..... . the older three were all the subject of care orders when nina was born. according to professor triseliotis, the renowned emeritus professor of social work in the university of edinburgh, "the two eldest [children] present complex problems and their future well-being is very much in doubt. [tanya] has been somewhat spared by ..... "openness", favouring the continuation of contact between the natural parents and the child following adoption. the reasoning was articulated in the white paper, adoption: the future (1993) (cm 2288) paras 4.14 -4.16: "4.14. there has been an increasing tendency in recent years to favour maintaining some contact between an adopted ..... freeing for adoption because the parents' attitude to adoption may be judged without prospective adopters having been identified. since the implementation of the adoption and children act 2002 in december last year, freeing for adoption is no longer available in england and wales. but it remains a possibility in northern ireland. this case .....
Tag this Judgment!Court : House of Lords
..... of schedule 1 to masc 40. in 1994 the house of commons select committee on social security made a report the operation of the child support act: proposals for change (session 1993-94, 5th report) which was critical of many aspects of the work of the csa under csa 1991. the government responded in january 1995, first ..... appropriate earnings figure (para 3(3) (c) and (5)). the draftsman has not followed the technique of referential incorporation of provisions of the income and corporation taxes act 1988 ("icta 1988") in defining the concept (familiar for tax purposes) of trading profit. instead the draftsman has provided his own set of rules, which reproduce more ..... as complex. (5) csa 1991 was significantly amended (in line with the white paper, improving child support (cm 2745), published in january 1995) by the child support act 1995 ("csa 1995"). in particular, new sections 28a to 28i and schedules 4a and 4b introduced powers enabling a "departure direction" to be made, on the application .....
Tag this Judgment!Court : House of Lords
..... the importance now attached in all developed democracies to freedom of expression, especially on matters of political interest. south hetton was decided before there was universal suffrage in this country, so before we were a proper democracy. since then, we have acceded to several international instruments which guarantee freedom of speech ..... caused by the libel has been pleaded or proved, is not compensation but vindication of reputation. 124. derbyshire county council v times newspapers ltd [1993] ac 534 established the important principle that institutions of central or local government have no right at common law to maintain actions for damages for defamation ..... the publisher has behaved responsibly is necessarily and intimately bound up with the question whether the defence of qualified privilege arises. unless the publisher is acting responsibly privilege cannot arise." 135. my lords i am in respectful and complete agreement with the explanation of reynolds privilege given by the court .....
Tag this Judgment!Court : House of Lords
..... 2002/83, 31 january 2002, introduction, para 6): "nevertheless, many of the practices enumerated in the next section are unconscionable and challenge the very concept of universal human rights. many of them involve 'severe pain and suffering' and may be considered 'torture like' in their manifestation. others such as property and marital rights ..... it is fundamental to their individual identities or consciences. the supreme court of canada relied on and elaborated this approach in attorney-general of canada v ward [1993] 2 scr 689, 738-739, and la forest j reverted to it in his dissent in chan v canada (minister of employment and immigration) [1995] ..... country of origin, a particular social group might include a group based on a common characteristic of sexual orientation. sexual orientation cannot be understood to include acts considered to be criminal in accordance with national law of the member states: gender related aspects might be considered, without by themselves alone creating a .....
Tag this Judgment!Court : House of Lords
..... is best deferred until i come to the last issue in the appeal, the pleading point. 112. the judge accepted that at the time of the act payments in october 1993 and february 1995 dmg (primarily in the person of mr thomason) knew nothing about the argument which was ultimately successful in hoechst. but by july ..... deliberate conferral: condictio (2003). 154. in explaining his changes of view professor birks also acknowledged the influence of dr sonja meier, a lecturer in law at the university of regensberg. her views are accessible in english in her contributions to lessons of the swaps litigation (chapter 6, restitution after executed void contracts) and to johnston and ..... -heywood my lords, 159. dmg's claim in these proceedings (issued on 18 october 2000) is for compensation in respect of three payments of act made respectively on 14 october 1993, 15 february 1995 and 14 january 1996. these payments could and would have been avoided had the uk tax regime not breached article 43 (formerly .....
Tag this Judgment!Court : House of Lords
..... requesting state's characterisation of the position. 46. perhaps one day, the problem will disappear. all member states will accord equal parental responsibility to all parents, with universal rights of veto, and all will regard these as rights of custody. there is a general trend towards shared parental authority - and even shared parenting - after ..... in november 2000. in december 2002, the mother brought him to england without the knowledge or consent of his father. proceedings under the child abduction and custody act 1985 and the hague convention on the civil aspects of international child abduction 1980 (cmnd 8281) ('the convention') were launched in february 2003. 21. a dispute ..... , thorpe lj canvassed the possibility of revisiting the decisions in in re g (a minor) (enforcement of access abroad) [1993] fam 216 and in re t and others (minors) (hague convention: access) [1993] 2 flr 617 in the light of more recent international jurisprudence. it would not be beyond the wit of man to .....
Tag this Judgment!Court : House of Lords
..... to contain a list of grounds which are automatically suspect. article 26 of the international covenant on civil and political rights (synthesising articles 2 and 7 of the universal declaration of human rights), for example, provides that: 'all persons are equal before the law and are entitled without any discrimination to the equal protection of the ..... schmidt v germany (1994) 18 ehrr 513; schuler-zgraggen v switzerland (1995) 21 ehrr 404; petrovic v austria (1998) 33 ehrr 307, religion (eg hoffmann v austria (1993) 17 ehrr 293; cyprus v turkey 35 ehrr 30, marital or birth status (eg marckx v belgium (1979) 2 ehrr 330; inze v austria (1987) 10 ehrr 394; ..... long-term prisoners liable to deportation or removal from the uk"), similar in effect to the secretary of state's "directions to the parole board under the criminal justice act 1991, section 32(6) ", sets out clear and readily intelligible criteria, which have no doubt been applied (without any suggestion of difficulty) in the case of .....
Tag this Judgment!Court : House of Lords
..... permitted to the employer to conduct its defence to the proceedings in an honest and reasonable manner. "bringing proceedings" 21. as to the first point, in cornelius v university college of swansea, para 33, bingham lj contrasted a decision by an employer that was influenced merely by "the existence of proceedings" with a decision that was influenced by ..... (76/207/eec), which is to arrive at real equality of opportunity for men and women (marshall v southampton and south west hampshire health authority (teaching) (no 2) [1993] icr 893, 931, para 24), and to the fundamental nature of the right to effective judicial protection, it is not, in the absence of a clear indication to the ..... b has brought proceedings against a or any other person under the act or the equal pay act 1970. the object of section 4 is not in doubt. if the act was to be effective, there had to be protection for those who sought to rely on it (cornelius v university college of swansea [1987] irlr 141, para 31). as lord .....
Tag this Judgment!Court : House of Lords
..... a third had firm plans: j ermisch, personal relationships and marriage expectations (2000) working papers of the institute of social and economic research: paper 2000-27, university of essex. cohabitation is much more likely to end in separation than is marriage, and cohabitations which end in separation tend to last for a shorter time than ..... the solution which baroness hale proposes fits in with how the problem would be addressed in scotland: had the dwelling which the parties purchased in joint names in 1993 been situated in, say, eyemouth - a few miles north of berwick-upon-tweed. the social problems under which cohabiting couples live together in england and wales ..... remedies to make specific capital or income provision on separation or death. provisional proposals, not unlike those which have been enacted in the family law (scotland) act 2006, were made in consultation paper no 179 (referred to in para 44 above) and the commission intends to publish its final report by august 2007. .....
Tag this Judgment!Court : House of Lords
..... the bodies in question of the ability themselves to rely on convention rights when necessary" (para 11). finally, there was, in his view, "no single test of universal application" to decide whether a function was of a public nature, "given the diverse nature of governmental functions and the variety of means by which these functions are ..... when necessary. what, then, is the touchstone to be used in deciding whether a function is public for this purpose? clearly there is no single test of universal application. there cannot be, given the diverse nature of governmental functions and the variety of means by which these function are discharged today. factors to be taken into ..... under contract. 114. in my view it is appropriate to focus on the modern form of the 1948 act. this is particularly so when contracting with a care home such as southern cross only became possible from 1 april 1993, when the legislation was amended to formulate the local authority's duty as being to arrange care and .....
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