Court Structure in UK Law

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

    It is important that a judge in appropriate cases should make use of the powers contained in Part 24. 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. If a claimant has a case which is bound to fail, then it is in the claimant's interests to know as soon as possible that that is the position.

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

    It extends to cases in which the Defendant is seeking to gain at the expense of the Plaintiff some object,—perhaps some property which he covets,—which either he could not obtain at all or not obtain except at a price greater than he wants to put down. Exemplary damages can properly be awarded whenever it is necessary to teach a wrongdoer that tort does not pay.

  • 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 November 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.

  • Huang v Secretary of State for the Home Department; Abu-Qulbain v Same; Kashmiri v Same
    • House of Lords
    • 21 March 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 July 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.

  • Chartbrook Ltd v Persimmon Homes Ltd and another
    • House of Lords
    • 01 July 2009

    What is clear from these cases is that there is not, so to speak, a limit to the amount of red ink or verbal rearrangement or correction which the court is allowed. All that is required is that it should be clear that something has gone wrong with the language and that it should be clear what a reasonable person would have understood the parties to have meant. In my opinion, both of these requirements are satisfied.

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Legislation
  • Equal Pay Act 1970
    • UK Non-devolved
    • January 01, 1970
  • London Building Acts (Amendment) Act 1939
    • UK Non-devolved
    • January 01, 1939
    ... ... build or to execute work to in or upon a building cont. or structure or where no person is so employed the owner of the building or structure; ... 31. Where it is proved to the satisfaction of the Past IV. court before which proceedings are taken by the Council cont. or a metropolitan ... ...
  • Ecclesiastical Jurisdiction and Care of Churches Measure 2018
    • UK Non-devolved
    • January 01, 2018
    ... ... (1) For each diocese there is to continue to be a court of the bishop of the diocese ... (2) The court is to continue to be ... building,(b) a monument within the curtilage, or(c) an object or structure forming part of the land within the curtilage which is used wholly or ... ...
  • London Building Act 1894
    • UK Non-devolved
    • January 01, 1894
    ... ... includes any highway and any road bridge lane mews footway square court alley passage whether a thoroughfare or not and a part of any such highway ... The expression " party structure" means a party wall and also a partition floor or other structure ... ...
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Light Obstruction Notice - Rights of Light Act 1959
    • HM Courts & Tribunals Service court and tribunal forms
    Lands Chamber (Upper Tribunal) forms including appeals forms.
    ... ... my/our land which would be caused by the erection of an opaque structure ...          on all the boundaries of my/our land ... ... ...
  • Ask the court to make a non-molestation order or an occupation order
    • HM Courts & Tribunals Service court and tribunal forms
    Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).
    ... ... (A) A dwelling-house includes any building or part of a building ... which is occupied as a dwelling; any caravan, houseboat or ... structure which is occupied as a dwelling; and any yard, garden, ... garage or outhouse belonging to it and occupied with it ... The rights are― ... (C) & ... ...
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