Best Efforts in UK Law

Leading Cases
  • Secretary of State for the Home Department v MB [House of Lords
    • House of Lords
    • 31 Oct 2007

    Part 76 of the Civil Procedure Rules gives effect to the procedural scheme authorised by the Schedule to the 2005 Act. Rule 76.1(4) stipulates that disclosure is contrary to the public interest if it is made contrary to the interests of national security, the international relations of the UK, the detection or prevention of crime, or in any other circumstances where disclosure is likely to harm the public interest. Part III of the Rule applies to non-derogating control orders.

    Both judge and special advocates will have to probe the claim that the closed material should remain closed with great care and considerable scepticism. There is ample evidence from elsewhere of a tendency to over-claim the need for secrecy in terrorism cases: see Serrin Turner and Stephen J Schulhofer, The Secrecy Problem in Terrorism Trials, 2005, Brennan Centre for Justice at NYU School of Law.

    I agree further that the special advocate procedure, highly likely though it is that it will in fact safeguard the suspect against significant injustice, cannot invariably be guaranteed to do so.

  • Gestmin SGPS S.A. v Credit Suisse (UK) Ltd and Another
    • Queen's Bench Division (Commercial Court)
    • 15 Nov 2013

    But its value lies largely, as I see it, in the opportunity which cross-examination affords to subject the documentary record to critical scrutiny and to gauge the personality, motivations and working practices of a witness, rather than in testimony of what the witness recalls of particular conversations and events.

  • Doncaster Pharmaceuticals Group Ltd v Bolton Pharmaceutical Co 100 Ltd
    • Court of Appeal (Civil Division)
    • 26 May 2006

    "diversionary tactics designed to try to avoid summary judgment," of introducing "red herrings" and of having used their "best efforts to make the matter appear to be complicated." It was submitted that the case nevertheless "remains a matter appropriate for summary disposal." But already the seeds of doubt have been sown about how open and shut the case really is and whether the court should set out along summary judgment road at all.

  • R (Al-Hasan) v Secretary of State for the Home Department; R (Carroll) v Same
    • Court of Appeal (Civil Division)
    • 20 Jul 2001

    She says that although Askham Grange is set in attractive grounds, it is nonetheless a prison and has to operate in the manner of an institution which must preserve good order and discipline. There are occasional disagreements between mothers caused by the stress of having to live with their children in such an environment. If a perception develops that one prisoner is getting special attention because of the needs of their child, this can cause disagreement within the unit.

  • Jaroo v Attorney General of Trinidad and Tobago
    • Privy Council
    • 04 Feb 2002

    Section 14(1) of the Constitution declares that, without prejudice to any other action with respect to the same matter which is lawfully available, a person may apply to the High Court for redress by originating motion in such circumstances. This procedure enables the person who seeks a quick judicial remedy to avoid the delay and expense which a trial of the case by means of an ordinary civil action will involve.

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Legislation
  • European Union (Future Relationship) Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ...... (a) the PIU must permanently delete it as soon as possible, using best efforts, taking into account the special circumstances referred to in ......
  • The Alternative Investment Fund Managers Regulations 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ...... of which would have been unavoidable despite all reasonable efforts to the contrary. . (4) The depositary is not required to comply with the ... (b) (b) use its best efforts to ensure the board of directors complies with its request. . (5) ......
  • Rights of Children and Young Persons (Wales) Measure 2011
    • Wales
    • 1 de Enero de 2011
    ......, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration. SCH-1. . . 2 ... . SCH-1. . . . 1 States Parties shall use their best efforts to ensure recognition of the principle that both parents have common ......
  • Employment Act 2002
    • UK Non-devolved
    • 1 de Enero de 2002
    ......It is best practice for at least one adoptive parent to spend time at home with the ... of employment and social security have focused on increasing the efforts to help people move away from welfare benefits and into work. However, ......
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Books & Journal Articles
  • Utilizing discovery tools for classrooms: how do librarian attitudes on discovery impact tools they teach?
    • Núm. 32-1, Marzo 2015
    • Library Hi Tech News
    • 8-12
    Purpose: – The purpose of this paper is to examine the utilization of discovery tools in classrooms with the aim of trying to assess the attitude toward them. Design/methodology/approach: – The me...
    ...... and yet still not have the capacity to judge which system is best for which search, driving them even farther away from library resources in ...Despite my best efforts to look at the data from all angles, I found no statistical significance ......
  • A timeline toolkit for cold case investigations
    • Núm. 10-2, Mayo 2020
    • Journal of Criminal Psychology
    • 47-63
    Purpose: The purpose of this paper is to outline a variety of related methods for helping with criminal (cold) case investigations. Despite the best efforts of police investigations, many cases aro...
    ...... forhelping with criminal (cold) case investigations.Despite the best efforts of police investigations,many cases around the world run out of ......
  • Assessing the literature on school reform from an entrepreneurship perspective
    • Núm. 5-3, Noviembre 2016
    • Journal of Entrepreneurship and Public Policy
    • 383-403
    Purpose: Enabling and incentivizing organizations to act based on their local knowledge is an important aspect of entrepreneurship. The significance of local knowledge in the context of schools is ...
    ...... of schools, the use of teacher incentive pay, and school reform efforts. Focus is on use of teacher incentives and on school choice initiatives. ... competition, charter schools, voucher programs, and use of “ best practice. ” Originality/value – Reform efforts often lack in ......
  • Senior leaders’ strategic role in leadership development
    • Núm. 17-3, Junio 2018
    • Strategic HR Review
    • 143-149
    Purpose: The purpose of this paper is to identify the specific practices senior leaders need to engage in to best support their organization’s leadership development initiatives. All organizations ...
    ...... to identify the specific practices seniorleaders need to engage in to best support their organization’sleadership development initiatives.All ... the important role that senior leaders pla y in supporting these efforts. This paper dra ws upon focus group research with those responsible for ......
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Law Firm Commentaries
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