Court Structure in UK Law

Leading Cases
  • Swain v Hillman
    • Court of Appeal (Civil Division)
    • 21 Octubre 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 Enero 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.

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

  • Dorset Yacht Company Ltd v Home Office
    • House of Lords
    • 06 Mayo 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 Noviembre 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.

  • Amalgamated Investment & Property Company Ltd v Texas Commerce International Bank Ltd
    • Court of Appeal (Civil Division)
    • 31 Julio 1981

    When the parties to a transaction proceed on the basis of an underlying assumption—either of fact or of law—whether due to misrepresentation or mistake makes no difference—on which they have conducted the dealings between them—neither of them will be allowed to go back on that assumption when it would be unfair or unjust to allow him to do so. If he does seek to go back on it, the courts will give the other such remedy as the equity of the case demands.

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

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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 ... statement may include information about—(a) the organisation's structure, its business and its supply chains;(b) its policies in relation to ... ...
  • Equal Pay Act 1970
    • UK Non-devolved
    • 1 de Enero de 1970
  • The Environmental Permitting (England and Wales) Regulations 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ... ... of that Directive by Article 2(2) (a) and (b) ;“flood defence structure” has the meaning given in paragraph 2(1) of Part 1 of Schedule ... Enforcement by the High Court ... The regulator may take proceedings in the High Court for the purpose ... ...
  • Ecclesiastical Jurisdiction and Care of Churches Measure 2018
    • UK Non-devolved
    • 1 de Enero de 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 ... ...
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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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