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.

  • 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.

  • 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.

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Legislation
  • Modern Slavery Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... (1) The court may make a slavery and trafficking reparation order against a person if-. ... . . (a) the organisation's structure, its business and its supply chains;. . . (b) its policies in relation ......
  • 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. ......
  • 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 ......
  • Care of Places of Worship Measure 1999
    • UK Non-devolved
    • 1 de Enero de 1999
    ......Inn of Court, almshouse or other public or charitable institution and of. which the ...object or structure forming part of the land within the curtilage which is. used wholly or ......
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Books & Journal Articles
  • Development of MBA in court administration and management. The experience of NALSAR University of Law, India
    • Núm. 26-3, Julio 2018
    • Quality Assurance in Education
    • 391-402
    Purpose: The purpose of this paper is to share the experience of Centre for Management Studies, NALSAR University of Law in developing the new MBA programme in Court Administration and Management. ...
    ......The identi fi cation of the gap in skilled manpower and the availabilityof a structured learningplatform at a master ’ s level is also discussed in the paper. In addition, the detailed process that the university adopte d in developing ......
  • ANOTHER TWIST FOR EQUAL VALUE
    • Núm. 10-4, Abril 1988
    • Employee Relations
    • 24-26
    Following a number of recent decisions in the area of equal pay for work of equal value, it is argued that organisations need to be clearer than ever that their job evaluation systems and pay struc...
    ...... broadl y throug h th e consequen t adjustmen t o f pa y structure s However , th e Ac t fel l shor t o f th e requirement s o f th ... e o f Lord s ha s overturne d th e decision s o f lowe r court s whic h rule d tha t th e employe r nee d no t pa y Haywar d th ......
  • Out of Many, One? Strasbourg's Ibrahim Decision on Article 6
    • Núm. 80-6, Noviembre 2017
    • The Modern Law Review
    This case comment considers the European Court of Human Rights decision of Ibrahim v United Kingdom on 13 September 2016. Relying on Salduz v Turkey, the applicants claimed, largely unsuccessfully,...
    ...... on Article 6 Ryan Goss ∗ This case comment considers the European Court of Human Rights decision of Ibrahim v United Kingdom on 13 September ...structure’ have consequences for assessing violations in future applications. ......
  • THE HOUSE OF LORDS: REFLECTIONS ON THE SOCIAL UTILITY OF FINAL APPELLATE COURTS
    • Núm. 32-3, Mayo 1969
    • The Modern Law Review
    ...... would have to be employed in any comprehensive comparative study of widely diversified institutional structures are dauntingly numerous and confusedly complex : the pattern of institutional development within a given system is ......
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Law Firm Commentaries
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