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. 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.

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

  • 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.

  • 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.

  • 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.

  • Biogen Inc. v Medeva Plc
    • House of Lords
    • 31 October 1996

    His expressed findings are always surrounded by a penumbra of imprecision as to emphasis, relative weight, minor qualification and nuance ( as Renan said, la v�rit� est dans une nuance), of which time and language do not permit exact expression, but which may play an important part in the judge's overall evaluation.

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Legislation
  • Coronavirus Act 2020
    • UK Non-devolved
    • January 01, 2020
    ...... to carry out a relevant assessment within a reasonable period, a court must take into account (among other things) the following factors— . ... (r) (r) that, in the case of a conveyance or movable structure, the conveyance or structure be detained; . (s) (s) that premises be ......
  • Equal Pay Act 1970
    • UK Non-devolved
    • January 01, 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 ......
  • Rights of Light Act 1959
    • UK Non-devolved
    • January 01, 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 ......
  • The Environmental Permitting (England and Wales) Regulations 2016
    • UK Non-devolved
    • January 01, 2016
    ...... “flood defence structure” has the meaning given in paragraph 2(1) of Part 1 of Schedule 25; . ...S-42 . Enforcement by the High Court Enforcement by the High Court . 42. The regulator may take proceedings ......
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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
    • Nbr. 19-1, March 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
    • Nbr. 16-4, October 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
    • Nbr. 10-4, December 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
    • Nbr. 18-4, December 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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Forms
  • Chapter OT41610
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......Court of Appeal in 2001 in the case of Perks v Clark and Others (74TC187). ...“… the categorisation of a structure, as a ship or not, should be governed by its design and capability, rather ......
  • Chapter ESM0541
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ......They did not have their own business structure or risk their own capital. The Court’s decision was based largely on the ......
  • Chapter OT13960
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... to justify commercial development are sufficient to indicate a structure exists, then no relief should be given until all work on the prospect has ...The High Court held that expenditure on said wells could be claimed against the field. It ......
  • Chapter DMBM660080
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . . Structure. The Magistrates’ Courts administration in England & Wales is divided ......
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