Best Endeavours in UK Law
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Hill v Chief Constable of West Yorkshire
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In some instances the imposition of liability may lead to the exercise of a function being carried on in a detrimentally defensive frame of mind. A great deal of police time, trouble and expense might be expected to have to be put into the preparation of the defence to the action and the attendance of witnesses at the trial. The result would be a significant diversion of police manpower and attention from their most important function, that of the suppression of crime.
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Walford and Others v Miles and Another
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The reason why an agreement to negotiate, like an agreement to agree, is unenforceable, is simply because it lacks the necessary certainty. Each party to the negotiations is entitled to pursue his (or her) own interest, so long as he avoids making misrepresentations. In my judgment, while negotiations are in existence either party is entitled to withdraw from those negotiations, at any time and for any reason.
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Brooks v Metropolitan Police Commisioner
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With hindsight not every observation in Hill can now be supported. Lord Keith of Kinkel observed that "From time to time [the police] make mistakes in the exercise of that function, but it is not to be doubted that they apply their best endeavours to the performance of it": 63D. Nowadays, a more sceptical approach to the carrying out of all public functions is necessary.
Whilst focusing on investigating crime, and the arrest of suspects, police officers would in practice be required to ensure that in every contact with a potential witness or a potential victim time and resources were deployed to avoid the risk of causing harm or offence. Such legal duties would tend to inhibit a robust approach in assessing a person as a possible suspect, witness or victim.
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KA (Afghanistan) and Others v Secretary of State for the Home Department
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At the other end of the spectrum is an applicant whose claim to have no surviving family in Afghanistan is disbelieved and in respect of whom it is found that he has been uncooperative so as to frustrate any attempt to trace his family.
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R (H) v Secretary of State for the Home Department and another; R (on the application of IH) v Nottinghamshire Healthcare NHS Trust
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The Health Authority subject to the s.117 duty will then be bound to use its best endeavours to put in place the necessary aftercare. If, despite its best endeavours, the Health Authority is unable to provide the necessary services, the Tribunal must think again. If, as is likely in those circumstances, it concludes that it is necessary for the patient to remain detained in hospital in order to receive the treatment, it should record that decision.
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Print Concept GmbH v GEW (EC) Ltd
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So I stand back and ask myself the question, who was the party in 1995 who was to effect the performance which was characteristic of the contract?
- Sanctions and Anti-Money Laundering Act 2018
- Chronically Sick and Disabled Persons Act 1970
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Patents Act 2004
... ... an invention, it shall be a defence for A to prove that he used his best endeavours, without success, to discover—(a) where the invention is a ... ...
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Aviation and Maritime Security Act 1990
... ... activities of a business carried on by him,requiring him to use his best endeavours to secure that such searches to which this section applies as ... ...
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Alternation, Inclusion and the European Union
Current endeavours to employ the concept of consociational democracy in European Union research are misleading. This critique starts from a minimalist concept of democracy with alternation and incl...... ... André Kaiser University of Cologne, Germany ABSTRACT Current endeavours to employ the concept of consociational democracy in European Union ... has been wrongly termed consociationalism at the European level is best regarded as intergovernmentalism. 445 European Union Politics ... ...
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Appendix VI
... ... Delimitation A. Adjacent and opposite states shall use their best endeavours to reach agree- ment on the delimitation between them ... ...
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Correspondence
... ... or breach of Masters peace. You shall do your best endeavours upon complaint to you made to apprehend all felons, ... ...
- Editorial