Law of the Sea in UK Law
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Oppenheimer v Cattermole
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But what we are concerned with here is legislation which takes away without compensation from a section of the citizen body singled out on racial grounds all their property on which the State passing the legislation can lay its hands and, in addition, deprive them of their citizenship. To my mind a law of this sort constitutes so grave an infringement of human rights that the Courts of this country ought to refuse to recognise it as a law at all.
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Maclaine Watson & Company Ltd v International Tin Council
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So far as individuals are concerned, it is res inter alios acta from which they cannot derive rights and by which they cannot be deprived of rights or subjected to obligations; and it is outside the purview of the court not only because it is made in the conduct of foreign relations, which are a prerogative of the Crown, but also because, as a source of rights and obligations, it is irrelevant.
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Boys v Chaplin
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The broad principle should surely be that a person should not be permitted to claim in England in respect of a matter for which civil liability does not exist, or is excluded, under the law of the place where the wrong was committed.
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R v Lyons ; R v Parnes ; R v Ronson ; R v Saunders (No 3)
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But even then, the metaphor of incorporation may be misleading. Of course there is a strong presumption in favour of interpreting English law (whether common law or statute) in a way which does not place the United Kingdom in breach of an international obligation.
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VTB Capital Plc v Nutritek International Corporation
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Secondly, the claimant must satisfy the court that there is a good arguable case that the claim against the foreign defendant falls within one or more of the classes of case for which leave to serve out of the jurisdiction may be given.
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Caparo Industries Plc v Dickman
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What emerges is that, in addition to the foreseeability of damage, necessary ingredients in any situation giving rise to a duty of care are that there should exist between the party owing the duty and the party to whom it is owed a relationship characterised by the law as one of "proximity" or "neighbourhood" and that the situation should be one in which the court considers it fair, just and reasonable that the law should impose a duty of a given scope upon the one party for the benefit of the other.
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Sulamérica Cia Nacional de Seguros SA and Others v Enesa Engelharia SA and Others
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A search for an implied choice of proper law to govern the arbitration agreement is therefore likely (as the dicta in the earlier cases indicate) to lead to the conclusion that the parties intended the arbitration agreement to be governed by the same system of law as the substantive contract, unless there are other factors present which point to a different conclusion.
- THE LAW OF THE ACCESSION
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The Law of the Land
This article considers the status of foreign precedents in national courts. It examines possible reasons for courts referring to them and concludes that, absent some incorporating convention, judge...
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The law of the land
Common notions about the source of communal land conflict in Africa have long explained it as growing out of conditions of environmental scarcity. This article argues instead that the institutional...
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Commonwealth Land-locked States and the Law of the Sea
Background. Measures that should be taken by land-locked states. Action by law ministers. Report. Introduction. Activity by the commonwealth secretariat. Does UNCLOS help land-locked states?. (i) A...
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Application under Section 84 of the Law of Property Act 1925 to discharge or modify a restrictive covenant
Lands Chamber (Upper Tribunal) forms including appeals forms.
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Standard directions for applications under s.84 Law of Property Act
Lands Chamber (Upper Tribunal) forms including appeals forms.
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Order menu - Directions revised private law programme
Standard directions forms under the Children Act.
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Statement of service of papers under the Family Law Act 1996
Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).