Court Structure in UK Law

Leading Cases
  • Swain v Hillman
    • Court of Appeal (Civil Division)
    • 21 Oct 1999

    It is important that a judge in appropriate cases should make use of the powers contained in Part 24. In doing so he or she gives effect to the overriding objectives contained in Part 1. It saves expense; it achieves expedition; it avoids the court's resources being used up on cases where this serves no purpose, and I would add, generally, that it is in the interests of justice.

  • Council of Civil Service Unions v Minister for the Civil Service
    • House of Lords
    • 22 Nov 1984

    By "irrationality" I mean what can by now be succinctly referred to as "Wednesbury unreasonableness" ( Associated Provincial Picture Houses Ltd. v. Wednesbury Corporation [1948] 1 K.B. 223). It applies to a decision which is so outrageous in its defiance of logic or of accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at it.

  • Rookes v Barnard
    • House of Lords
    • 21 Ene 1964

    Where a Defendant with a cynical disregard for a Plaintiff's rights has calculated that the money to be made out of his wrong-doing will probably exceed the damages at risk, it is necessary for the law to show that it cannot be broken with impunity.

  • Huang v Secretary of State for the Home Department; Abu-Qulbain v Same; Kashmiri v Same
    • House of Lords
    • 21 Mar 2007

    In an article 8 case where this question is reached, the ultimate question for the appellate immigration authority is whether the refusal of leave to enter or remain, in circumstances where the life of the family cannot reasonably be expected to be enjoyed elsewhere, taking full account of all considerations weighing in favour of the refusal, prejudices the family life of the applicant in a manner sufficiently serious to amount to a breach of the fundamental right protected by article 8.

  • Antaios Compania Naviera S.A. v Salen Rederierna A.B.
    • House of Lords
    • 26 Jul 1984

    While deprecating the extension of the use of the expression "purposive construction" from the interpretation of statutes to the interpretation of private contracts, I agree with the passage I have cited from the arbitrators' award and I take this opportunity of re-stating that if detailed semantic and syntactical analysis of words in a commercial contract is going to lead to a conclusion that flouts business commonsense, it must be made to yield to business commonsense.

  • Rainy Sky SA and Others v Kookmin Bank
    • Supreme Court
    • 02 Nov 2011

    If there are two possible constructions, the court is entitled to prefer the construction which is consistent with business common sense and to reject the other.

  • Dorset Yacht Company Ltd v Home Office
    • House of Lords
    • 06 May 1970

    Donoghue v. Stevenson [1932] A.C. 562 may be regarded as a milestone, and the well-known passage in Lord Atkin's speech should I think be regarded as a statement of principle. It is not to be treated as if it were a statutory definition. But I think that the time has come when we can and should say that it ought to apply unless there is some justification or valid explanation for its exclusion.

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Legislation
  • Rights of Light Act 1959
    • UK Non-devolved
    • 1 de Enero de 1959
    ......may be specified in the application, of an opaque. structure of such dimensions (including, if the application. so states, unlimited ...have had a right of action in any court in respect of that structure,. on the grounds that he was entitled to a ......
  • Equal Pay Act 1970
    • UK Non-devolved
    • 1 de Enero de 1970
    ...... . (3) Where it appears to the court in which any proceedings. are pending that a claim or counter-claim in .... S-3 . Collective agreements and pay structures. 3 Collective agreements and pay structures. . (1) Where a collective ......
  • Pipe-lines Act 1962
    • UK Non-devolved
    • 1 de Enero de 1962
    ......question and may recover from the person in default, in any. court of competent jurisdiction, the expenses reasonably incurred. by the ... of the Minister, where pipe-line imperilled by building or structure, to order demolition thereof or execution of remedial works. 27 Power of ......
  • Law of Property Act 1925
    • UK Non-devolved
    • 1 de Enero de 1925
    ...... . . (iv) the conveyance is made under an order of the. court and the equitable interest or power is. bound by such order, and any ...of this Act, be treated as two persons. S-38 . Party structures. 38 Party structures. . (1) Where under a disposition or other. ......
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Books & Journal Articles
  • More Consistency and Legal Certainty in the Private Law Acquis: A Plea for Better Justification for the Harmonization of Private Law
    • Núm. 19-1, Marzo 2012
    • Maastricht Journal of European and Comparative Law
    The use of Article 114 TFEU to harmonize private law seems to be based on standard justifications that have facilitated legislative practices that may undermine the quality of the private law acqui...
    ...... would be more attention paid to the availability of a hierarchical court structure and enforcement mech anisms, as these eleme nts may signi ......
  • Judicial Predictability and Federal Stability
    • Núm. 16-4, Octubre 2004
    • Journal of Theoretical Politics
    Institutions structure incentive environments for strategic actors. What is the effect of a flawed institution - one that is not perfectly predictable - on strategic...
    ...... OF INSTITUTIONAL IMPERFECTION Jenna Bednar ABSTRACT Institutions structure incentive environments for strategic actors. What is the effect of a ... governments in a federation challenge one another’s behavior in court less frequently as the judiciary grows more predictable but the effect of ......
  • The Italian Constitutional Court and the constitutionality of the criminalisation of assisted suicide of patients suffering from serious and incurable diseases
    • Núm. 10-4, Diciembre 2019
    • New Journal of European Criminal Law
    On 16 November 2018, the Italian Constitutional Court addressed for the first time the controversial issue of the constitutionality of the criminalisation of assisted suicide of patients suffering ...
    ......The present note describes and analyses the facts of the case and the reasoning of the Constitutional Court, especially the structure of the argument and the new ‘decision technique’ adopted. Keywords Assisted suicide, euthanasia, right to life, right to die with dignity ......
  • Transforming Shields into Swords: The Vebic Judgment, Adequate Judicial Protection Standards and the Emergence of Procedural Heteronomy in EU Law
    • Núm. 18-4, Diciembre 2011
    • Maastricht Journal of European and Comparative Law
    The Court of Justice's VEBIC judgment obliges national competition authorities to be involved in appellate judicial proceedings against a decision they adopted, even when these authorities act as f...
    ......  C* 1 AB ST R ACT e Court of Justice’s VEBIC judgment obliges nati onal competition authorities to ... the C ourt’s potentially new stance in procedural law and structures it within a more gene ral procedural ius commune framework that favours ......
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Law Firm Commentaries
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