Court : House of Lords
..... " this provision is supplemented by article vi, reproducing the text of article vi of the hague rules (although in 1924 the united kingdom, by section 4 of the 1924 act, qualified its acceptance of the article in relation to the goods referred to and in relation to the territorial application of the proviso): "notwithstanding the provisions of the preceding articles, a carrier, master or agent of the carrier and a shipper shall in ..... mr rainey qc submitted, however, that section 1 of the act did not transfer any rights in favour of, or against, macwilliams as consignees, since the act applied only to consignees under a transferable bill of lading ..... thirdly, in interpreting article i(b), section 4 of the canadian water-carriage of goods act 1910 affords no real help, if only because the relevant phrase in that section is "any bill of lading or similar document of title to goods" ..... is there anything in the language, or in the purpose behind the act, which would justify confining section 1 to consignees under a transferable bill of lading. 69. ..... on appeal to the commercial court under section 1 of the arbitration act 1979, langley j upheld the decision of the arbitrators: j i macwilliam co inc v mediterranean shipping co sa ("the rafaela s") [2002] 2 lloyds lr 403 ..... accordingly, it was argued that article i(b) of the hague-visby rules is inapplicable, and that package limitation is governed by section 4(5) of the us carriage of goods by sea act 1936, restricting the claim to us$2,000. ii. .....
Tag this Judgment!Court : House of Lords
..... sky 978 f.2d 47 (2nd cir 1992) and the fifth circuit court of appeal in tubacex inc v m/v risan 45 f 3rd 951 (5th cir 1995) in which it was held that loading, stowing and discharging under section 3(2) of the united states carriage of goods by sea act are "non delegable" duties of the carrier. ..... 2, reads as follows: "neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from - (i) act or omission of the shipper or owner of the goods, his agent or representative; (q) any other cause arising without the actual fault or privity of the carrier, or without the fault or neglect of the agents or servants of ..... with the aid of michael f sturley's the legislative history of the carriage of goods by sea act and the travaux pr paratoires of the hague rules (1990), vols 1 to 3, counsel for cargo owners took the house on an extended ..... decided shipowners, charterers, shippers and consignees have acted on the basis that it correctly stated the ..... regulating freedom to contract on certain topics only: chandris v isbrandtsen-moller co inc [1951] 1 kb 240, at 247. ..... draft hague rules as enacted in the united kingdom by the carriage of goods by sea act 1924, which in material respects are the same as the hague-visby rules scheduled to the carriage of goods by sea act 1971. 6. ..... effect of the renton decision, one would have expected british cargo interests to have raised it when parliament considered the bill which was to become the carriage of goods by sea act 1971. .....
Tag this Judgment!Court : House of Lords
..... . more particularly it may be taken to have determined the proper approach to what were first enacted as rules 1 and 2 of section 2 of the 1919 act, now substantially reproduced in section 5 of the 1961 act: "(1) no allowance shall be made on account of the acquisition being compulsory; (2) the value of land shall, subject as hereinafter provided, be taken to be the amount which the land if sold in the open market by ..... with whose opinion lord cohen expressed agreement, referred to the pointe gourde case, cited lord macdermott's sentence that i have cited in paragraph 92 above, and continued, at p 453: "by section 9(2) of the act of 1959 parliament, it seems to me, has given statutory expression to the principle which lord macdermott stated was well settled ..... act for assessment of compensation purposes was the land compensation act 1961, a consolidating act, in which section 5 reproduced section 2 of the 1919 act, and section 6 replaced section 9 of the 1959 ..... (and lord cohen) said that section 9(2) of the 1959 act (the predecessor of section 6(2) of the 1961 act) had given "statutory expression ..... . as for the point gourde principle itself, said to be embodied in section 56 (1) (a) of the new south wales statute, it hardly needs to be pointed out that a disregard in these terms is different, not merely from the various statutory disregards provided for under section 6 of the 1961 act (none of which, of course, can ever apply to the order land itself) but also, and no less strikingly .....
Tag this Judgment!Court : House of Lords
..... suggest that he could no longer properly be detained as punishmentthe circumstances of these killings being such that, had they occurred here, could well have justified the imposition of a whole life order pursuant to section 269 (4) of, and schedule 24(1) to the criminal justice act 2003ms montgomery submits that, on any view of missouri law, the determination of the actual length of the appellants detention in prison will involve procedures which, in the uk or any other council of europe ..... in any case, the court considered that the existence of the home secretarys power of release under section 30 of the 1997 act, even though used sparingly, meant that the whole life sentence was not in strasbourg terms irreducible. ..... it follows that the imposition of a whole life sentence under section 269(4) of the 2003 act, would not ipso facto infringe article 3. ..... in r v bieber [2008] ewca crim 1601 the court of appeal considered whether a whole life sentence under section 269(4) of the 2003 act was compatible with article 3. ..... in the united kingdom, section 269(4) of the criminal justice act 2003 gives a judge power to order that a prisoner shall be imprisoned for life without eligibility for parole. ..... if such an order is made, he may be released only by order of the secretary of state if she is satisfied that exceptional circumstances exist which justify the prisoners release on compassionate grounds": see section 30(1) of the crime (sentences) act 1997. .....
Tag this Judgment!Court : House of Lords
..... the lease gave the lessor a contingent right of determination in case of destruction by fire or in case of a need for the use of the premises in connection with the railways, and to point out that in the war damage acts the lessee was given a statutory right, albeit different in kind from the doctrine of frustration, to disclaim a current lease on the happening of other events as the result of enemy action. ..... apart from the statute of 1943, the doctrine of frustration brings the whole contract to an end, and in the present case, apart from any adjustment under that act and any statutory right to compensation under the closure order, the effect of frustration, had it been applicable, would have been to throw the whole burden of interruption for 20 months on the landlord, deprived as he would be ..... 16th may 1979 the city council made an order under section 12(1) of the road traffic regulation act 1967 closing kingston street for use with or without a vehicle ..... it is however interesting to observe that professor corbin in his work on contracts (1951 edition), volume 6, paragraph 1356, takes the view at page 387 that the argument in favour of the non-applicability of the doctrine of frustration based upon the view that the lessee had assumed the ..... on contracts (1951) vol. ..... of transport [1951] 2 k.b ..... especially in the american cases on the frustration of leases of premises to sell liquor by the advent of constitutional prohibition (see corbin on contracts, 1951 ed. ..... of transport [1951] 2 k.b .....
Tag this Judgment!Court : House of Lords
..... have drawn on the incisive analysis of professor d v cowen, parliamentary sovereignty and the entrenched sections of the south africa act (1951). 83. ..... a bill it was presented to his majesty for assent, it had endorsed on it, as section 2(2) of the 1911 act required, the certificate of the speaker of the house of commons signed by him that the provisions of section 2 had been duly complied with section 3 of the act expressly providing that: "any certificate of the speaker of the house of commons given under this act shall be conclusive for all purposes, and shall not be questioned in any court of law ..... but what are we to make of the fact that the restriction of the powers of the house of lords which is set out in section 2(1) of that act is expressly stated not to apply to a money bill and, more importantly, to a bill containing any provision to extend the maximum duration of ..... it necessarily follows from the reasons i have given for rejecting those propositions that i cannot accept that section 2(1) of the 1911 act "does not authorise the commons to remove, attenuate or modify in any respect any of the conditions on which its law- ..... reacted to this situation suggests that the sovereignty of the elected house has indeed been strengthened, despite the fact that since the change its composition by the exclusion of hereditary peers by section 1 of the house of lords act 1999 the house of lords has tended to be more vigorous in its opposition to legislation of which it disapproves. .....
Tag this Judgment!Court : House of Lords
..... an asylum application has been determined by the secretary of state or the secretary of state has issued a certificate under section 11 or section 12 of the immigration and asylum act 1999, no action will be taken to require the departure of the asylum applicant or his dependants from the united kingdom ..... in 1993 steps were taken to strengthen the mode of incorporation by providing in primary legislation, in section 2 of the asylum and immigration appeals act 1993, headed "primacy of convention", that "nothing in the immigration rules (within the meaning of the 1971 act) shall lay down any practice which would be contrary to the convention" [defined to mean the 1951 convention and the protocol]. ..... 19c exceptions or further exceptions from section 19b for judicial and legislative acts etc (4) section 19b does not apply to any act of, or relating to, imposing a requirement, or giving an express authorisation, of a kind mentioned in section 19d(3) in relation to the carrying out of immigration and nationality ..... in the united states a financial penalty of us$3,000 per improperly-documented passenger may be imposed under section 273 of the immigration and nationality act 1952, the penalty having been increased from us$1,000 in 1990. ..... was further updated with effect from 1 october 1994 in the light of section 2 of the asylum and immigration appeals act 1993, which states that nothing in the immigration rules shall lay down any practice which would be contrary to the 1951 convention. .....
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