division of powers doctrine

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953 documents for division of powers doctrine
  • 1. In this action the Claimants seek a declaration of illegality and claim damages arising from what they contend was the participation of the seven Defendants in their unlawful abduction, kidnapping and illicit removal across state borders to Libya in March 2004. The claim encompasses allegations that they were unlawfully detained and/or mistreated in four foreign states, China, Malaysia, Thailand, and Libya, and on board a US-registered aircraft; and that their detention and mistreatment was carried out by agents of the States concerned. 2. This is the determination of two preliminary issues, pursuant to an order made on 21 May 2013: (1) Whether the claims set out in §§89-95, 99(a) and 101 of the particulars of claim should be dismissed under CPR 3.1.(2)(l), on the basis that the Court...

    ... of state immunity and act of state doctrines. Although issue (2) was argued as a matter of ... the concept of the separation of powers and that domestic Courts often made findings for ...

  • ... Matrimonial Causes Act 1973 confers wide powers on the court to order ancillary relief in ... it has been the practice of the Family Division to treat the assets of companies substantially .... 18. English law has no general doctrine of this kind. But it has a variety of specific ...

  • ... law controls the exercise of fiduciary powers. That decision is concerned with the scope of the ... that three separate strands of legal doctrine, all largely associated with practice in the cery Division, should be spun or plaited together so as to ...

  • He wears a plain white robe and is cleaning up the Vatican bank. He thinks the Catholic Church should worry less about homosexuality and more about the poor. A year in, is Pope Francis too good to be true? Pope Francis No Pope had ever before dared to take the name Francis. And for good reason. St Francis of Assisi was the son of a rich merchant who in the 13th century cast aside his lavish lifestyle, giving away the fine clothes off his back. They called him Il Poverello - the little poor one. But this was more than an embrace of poverty. It was a challenge to what the man who was to become the first Pope Francis has called the "luxury, pride, vanity of the civil and ecclesiastical powers of the time".

    ...They do not change doctrine. Francis reaffirmed the Catholic Church's ...Collegiality is the other great axis of division inside Catholicism. The last two popes were ...

  • ...(Instructed by Special Crime Division, Crown Prosecution Service) . Intervener (Lord ... interpretation of the 2003 Act under the doctrine of Pepper v Hart [1993] AC 593 or for any other ... authority independent from the other state powers. This is, in general, not the mission of public ...

  • 1. This is another appeal in which the jurisdiction of the English court is questioned in litigation where the parties are a Russian state controlled company, Russian-born individuals and various companies said to have been created or controlled by those individuals. In this case the claimant is the 51% state-owned Russian airline, which I will call ``Aeroflot''. It has alleged that in the years 1996-8 a fraud was perpetrated on it by the activities of the late Mr Boris Berezovsky and Mr Nikolay Glushkov through seven companies allegedly controlled by them. As is well-known, Mr Berezovsky left Russia some years ago and settled in the UK, where he lived until his death on 24 March 2013, very shortly after the hearing of this appeal. Mr Glushkov, a business associate of Mr Ber...

    ... advanced by Aeroflot, based upon doctrines of Swiss law, which law, it was agreed, ... personally exercising their ex officio powers or by directors of Aeroflot holding powers of ...

  • 1. Parliament has by primary legislation, namely the Financial Services and Markets Act 2000 (``FSMA''), set up a dispute resolution scheme called the Financial Ombudsman Service (``the Ombudsman Service'') for consumers who have disputes with providers of regulated financial services. This Service determines disputes and may award compensation. If a consumer accepts an award of compensation, the award is binding on the adviser and the complainant, and is final. Parliament gave the financial services regulator (now the Financial Conduct Authority (``the FCA'')) power to fix a maximum award of compensation that could be awarded. The scheme is very important to consumers not least because it is free to them: financial advisers against whom complaints are made are liable to pay fees to

    ... had decided, because of the common law doctrine of res judicata, which I explain below; and . (2) ...67. Mr Wolman also relies on the powers of dismissal which the ombudsman has under DISP ...

  • 2. The central (though not sole) issue on this appeal concerns the compatibility of the powers to ``stop, question and detain'' contained in Schedule 7 to the Terrorism Act 2000 (``TACT 2000'' and ``Schedule 7'' respectively) with, in particular, Arts. 6 and 8 of the European Convention on Human Rights (``ECHR''). The appeal thus gives rise to the question of where the balance is to be struck between the rights of the individual and the public interest in safeguarding the country from terrorism. This is a challenging area for the law, requiring vigilance as to individual liberties while retaining a firm grasp of the practical needs of national security. 3. On the 12th December, 2011, at Leicester Magistrates' Court, before District Judge Temperley, the Appellant pleaded guilty to one char...

    ...QUEEN'S BENCH DIVISION. ADMINISTRATIVE COURT. Royal Courts of Justice. ... doomed to fail here - by virtue of the doctrine of precedent - but equally he is not in a ...

  • What we are witnessing is the emergence of a strange dichotomy, wholly unprecedented in recent times. [...] all revolutionary movements have worked to the benefit, real or imagined, of a great power or ideology.

    ...Though the western powers are congratulating themselves on a wave of ...Officially, Iran has not exploited this division, because to do so would be to confine itself to a ... well as heretics, according to Wahhabi doctrine). This is one of the rare instances in which the ...

  • 1. Over 13 days between 28 October and 13 November 2013 I heard the resumed trial of these two actions, in which the claimants (to which I will often refer collectively as ``Littlewoods'') seek to recover from the Commissioners for Her Majesty's Revenue and Customs (``HMRC'' or ``the Revenue'') the compounded use value of sums of money which they paid as value added tax (``VAT'') between 1973 and 2004. HMRC have subsequently refunded to Littlewoods the principal amounts of those sums, on the footing that they were overpaid, together with simple interest at the statutory rates provided for by section 78 of the Value Added Tax Act 1994 (``VATA 1994''). After allowing for the simple interest received, the total amount claimed as representing the compounded use value of the principal sums re...

    ..., if one reaches the stage that the doctrine of issue estoppel is capable of applying at all ... the Board of Review when exercising its powers under section 73 is acting in a sense judicially, ...

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