natural person legal definition

3813 results for natural person legal definition

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  • Farmah v Birmingham City Council, Court of Appeal - United Kingdom Employment Appeal Tribunal, June 20, 2017, [2017] UKEAT 0289_15_2006

    Procedure – Rule 9 of the Tribunal Procedure Rules 2013 - Equal Pay Claims - Inclusion of Claims by Two or More Claimants On the Same Claim Form – Whether Irregular – Whether Discretion to Strike out – Whether Appropriate to Exercise Discretion to Strike Out Claims or Waive Any Irregularity These five appeals concerned claims for equal pay. Three...

    ... |Legal and Democratic Services ... accepted that combining the claims of persons carrying out different jobs, and seeking to claim ... First, Rule 1 of the Rules contains definitions of terms in the Rules. They include the ... The natural meaning of “based on” means the set of facts ...

  • Millen v Karen Millen Fashions Ltd & Anor, Court of Appeal - Chancery Division, August 16, 2016, [2016] EWHC 2104 (Ch)

    1. In this introductory section of my judgment I will summarise the background and issues at a high level, in an attempt to improve readability. There is much more detail to the dispute, which I have taken into account and to which I return below. 2. The Claimant, Karen Millen, was one of the moving spirits (the other was her partner, Kevin Sta...

    ... a fair and important point (though not a personal criticism of the witnesses, who were entirely ... agree with the Defendants that there is a natural connection between fashion and interiors in the ... were all written in English and concerned legal concepts generally familiar to UK trade mark law. ...150. Perhaps curiously, this definition does not expressly refer to ``goodwill'', but I ...

  • Temple Legal Protection Ltd v QBE Insurance (Europe) Ltd, Court of Appeal - Commercial Court, April 23, 2008, [2008] EWHC 843 (Comm)

    1. This is an appeal pursuant to section 69 of the Arbitration Act 1996 against the Award of Mr J H Leckie, made on 4 July 2007 (``Award No. 1''), determining a preliminary issue in an arbitration between Temple Legal Protection Ltd. (hereafter ``Temple''), and QBE Insurance (Europe) Ltd. (hereafter ``QBE''). Temple is a legal expenses insurance un...

    ... it suffices to state that, under ATE insurance, the person who has suffered an injury and is litigating is insured. If the ... authority to a Coverholder to continue in force until its natural expiry or 12 months from the termination or non-renewal of the ..., that it is to be read in conjunction with the definitions, terms, conditions and exclusions of the Certificate wording ...

  • Property Alliance Group Ltd v The Royal Bank of Scotland Plc, Court of Appeal - Chancery Division, June 08, 2015, [2015] EWHC 1557 (Ch)

    2. Briefly, the claimant (PAG) is a property developer with a portfolio worth about £200 million. It entered into four interest rate swaps with the defendant (RBS) between 2004 and 2008. Each swap employed 3 month GBP LIBOR as a reference rate. 3. LIBOR rates are determined by a form of averaging based on rates submitted by banks which are memb...

    ... February 2015 with directions for RBS's legal team to carry out various tasks relating to ...12. PAG is not a banking regulator and naturally enough it would far prefer not to have to pay its .... (b) the evidence of the person who or entity which directed the creation of the ... that a number of documents meeting the definition of documents to be disclosed in the January list ...

  • Cornwall Council, R (on the application of) v Secretary of State for Health & Ors, Court of Appeal - Civil Division, February 18, 2014, [2014] EWCA Civ 12,[2014] WLR(D) 80

    1. Local authorities have a wide range of duties, imposed under a variety of statutes, to secure the provision of care and other types of assistance for certain children and vulnerable adults. Criteria have to be identified to determine which authority has the obligation. In a general sense it will be the authority with which the individual has the...

    ... Mohamed (instructed by Cornwall Council Legal Department) for the Appellant. Miss Deok-Joo Rhee ..., and typically this is to ask where the person is ordinarily resident, although sometimes the ... in sufficiently close proximity to his natural family and foster parents to allow regular ... The traditional starting point for the definition of ordinary residence for adults with full ...

  • Mahoney & Anor, R (on the application of) v Secretary of State for Communities and Local Government, Court of Appeal - Administrative Court, March 09, 2015, [2015] EWHC 589 (Admin)

    1. In these two claims for judicial review the court must decide whether section 33(2) of the Land Compensation Act 1973, which precludes the making of a home loss payment to a caravan dweller unless no suitable alternative site is available to him on reasonable terms, is incompatible with article 14 of the European Convention on Human Rights, read...

    ... various provisions for the benefit of a person displaced from his dwelling as a result of the ...``Every natural or legal person is entitled to the peaceful ...'' accommodation is reflected in the definitions of a ``caravan'' in section 29(1) of the Caravan ...

  • Pemberton v Inwood, Court of Appeal - Civil Division, March 22, 2018, [2018] EWCA Civ 564

    1. This is an appeal from the decision of Her Honour Judge Eady QC in the Employment Appeal Tribunal (the ``EAT'') in Appeal No: UKEAT/0072/16. It raises questions in relation to the construction of sections 26, 53 and 54 and Schedule 9 paragraph 2 Equality Act 2010 (the ``2010 Act''). 2. The Appellant, the Reverend Canon Pemberton, (the ``Canon''

    ...11. There is no dispute that a person discriminates against another, if because of a ... evidence that the Church of England has no legal personality. It is separated into two ... the hallowing and right direction of the natural instincts and affections, and for the mutual ... between the general understanding and definition of marriage in England as enshrined in law and ...

  • Littlejohns & Anor v Devon County Council & Anor, Court of Appeal - Civil Division, May 06, 2016, [2016] WLR(D) 242,[2016] EWCA Civ 446

    1. This is an appeal by Martin and Sarah Littlejohns (``the Littlejohns'') from the order dated 24 March 2015 of Mrs Justice Lang dismissing their claim for judicial review of the decision of the respondent, Devon County Council (``DCC''), on 28 May 2014 refusing their application to register rights of common under the Commons Act 2006 (``the 2006

    ..., rights of common over such land, and persons claiming to be or found to be the owners of such ...Either the unregistered rights never had legal effect or their legal effect at common law was ... of new rights of common because of the definition of common land in section 22(1) of the 1965 Act ...86. A natural reading of section 1(2)(b) is that that the ...

  • Harcap Ltd v FK Generators & Equipment Ltd, Court of Appeal - Commercial Court, October 19, 2017, [2017] EWHC 2765 (Comm)

    If this Transcript is to be reported or published, there is a requirement to ensure that no reporting restriction will be breached. This is particularly important in relation to any case involving a sexual offence, where the victim is guaranteed lifetime anonymity (Sexual Offences (Amendment) Act 1992), or where an order has been made in relation t...

    ... order has been made in relation to a young person. This Transcript is Crown Copyright. It may not ..., HarCap and the Defendants concluded a legally binding agreement entitled, ``Project Titan - ... is also made to the following definitions:. ``Transaction The provision of the Bridge ... to be assessed in the light of (i) the natural and ordinary meaning of the clause, (ii) any ...

  • Astrazeneca Insurance Company Ltd v Xl Insurance (Bermuda) Ltd & Anor, Court of Appeal - Civil Division, December 20, 2013, [2013] EWCA Civ 1660

    1. The AstraZeneca group of companies is a major worldwide pharmaceutical group. The group (hereafter ``AZ'') includes the US company AstraZeneca Pharmaceuticals LP (``AZPLP'') and the Canadian company AstraZeneca Canada Inc (``AZC''). AstraZeneca Insurance Company Ltd, the claimant and now appellant (hereafter ``AZICO'') is the captive insurer of

    ... alleged (i) that Seroquel caused personal injury; (ii) that Seroquel was defective; and ... has settled claims presented by AZ for legal costs incurred in defending the claims and for ..., particularly when read with the definitions of the terms inserted into the text, which itself ...`Ultimate Net Loss'' and ``Damages'', on a natural reading relate to actual liability. As to the ...

  • Brown v Bower & Anor, Court of Appeal - Queen's Bench Division, October 31, 2017, [2017] EWHC 2637 (QB)

    1. This is a libel action. On 19 June 2017, following application by the Defendants, Warby J ordered that (a) meaning; and (b) whether the words were `defamatory' at common law should be tried as preliminary issues ([2017] EWHC 1388 (QB) (``the First Judgment'')). 2. This judgment follows the trial of those issues. The trial has been short, largel...

    ...I shall use the same definitions in this judgment. 5. Given their importance, it ...Naturally, Ms Page and Mr Caldecott place emphasis on ... that `it is not enough to say that by some person or another the words might be understood in a ... rule reflects a fundamental canon of legal policy in the law of defamation dating back ...

  • Alsaifi v Amunwa, Court of Appeal - Queen's Bench Division, June 27, 2017, [2017] EWHC 1443 (QB)

    1. This is the hearing of an application by the defendant to this claim for libel, by which he seeks to bring it summarily to an end. Also before the court is an application notice filed by the claimant in response to the defendant's application, seeking rulings on meaning. 2. The claimant, Mr Alsaifi, describes himself as ``a highly educated prof...

    ...The Claimant in Person . Simon Harding (instructed by Ronald Fletcher ... defendant, Mr Amunwa, is a barrister and legal commentator. At the material times he operated a .... Ms A was excluded from the statutory definition of ``pupil'' because, despite being only 17, she ...``In their natural and ordinary meaning, the words complained of ...

  • Friends of the Earth Ltd & Anor, R (on the application of) v North Yorkshire County Council & Anor, Court of Appeal - Administrative Court, December 20, 2016, [2016] EWHC 3303 (Admin)

    1. In this rolled-up hearing of a claim for judicial review, the Claimants seek permission to challenge the decision of North Yorkshire County Council (``the Council'') made on 27 May 2016 to grant planning permission to Third Energy UK Gas Limited (``Third Energy'') to carry out hydraulic fracturing, or `fracking' on a site known as the ``KMA well...

    ... White QC and Gwion Lewis (instructed by Legal & Democratic Services) for the Defendant. ...natural gas for commercial purposes where the amount ... any representations duly made by any other person about the environmental effects of the ... the document is sufficient to meet the definition of an environmental statement... 33. The local ...

  • Merck KGaA v Merck Sharp & Dohme Corp & Ors, Court of Appeal - Chancery Division, November 21, 2014, [2014] EWHC 3867 (Ch)

    2. The Claimant, Merck KGaA, is a German company with its registered office in Darmstadt, Germany. It is the owner of UK and international registered trade marks which have effect in the UK for the word mark or device mark MERCK for pharmaceuticals among other goods. It complains in these proceedings of the use by the Defendants of the sign `Merc...

    ... . The legal principles. 9. There is no dispute as to the ..., but by ``how a just and reasonable person would have regarded the problem'', what intention ...Definitions:. 1.) a) Merck & Co. as used herein shall mean ... suggestion of a settlement) and it was natural for the Americans to go to E. Merck to obtain the ...

  • Mutual Energy Ltd v Starr Underwriting Agents Ltd & Anor, Court of Appeal - Technology and Construction Court, March 23, 2016, [2016] EWHC 590 (TCC)

    1. The claimants, whom I shall call ``MEL'', own and operate the undersea Moyle Interconnector, which provides a link between the electricity systems of Northern Ireland and Scotland. The Moyle Interconnector was designed, built and installed by Nexans Norway AS, pursuant to a contract that was executed in September 1999 and completed in December

    ... court is to determine what a reasonable person who had all the background knowledge which would ...`A court should be very slow to reject the natural meaning of a provision as correct simply because ... the sum specified a maximum and not a definition of the amount which had to be paid - a very ... they both involve a deliberate breach of a legal duty or obligation. 32. Accordingly, there is no ...

  • R (on the application of Prudential plc and another) (Appellants) v Special Commissioner of Income Tax and another (Respondents)

    ...(Instructed by PricewaterhouseCoopers Legal LLP) . (Instructed by Solicitor to Her Majesty's ..."may by notice in writing require a person .. to deliver to him such documents .. as (in the ... the profession (which could lead to definitional issues), or the practice of the particular member ...This development has been the natural consequence of the functional character of the ...

  • Clark & Anor v In Focus Asset Management & Tax Solutions Ltd & Anor, Court of Appeal - Civil Division, February 14, 2014, [2014] EWCA Civ 118,[2014] WLR(D) 76

    1. Parliament has by primary legislation, namely the Financial Services and Markets Act 2000 (``FSMA''), set up a dispute resolution scheme called the Financial Ombudsman Service (``the Ombudsman Service'') for consumers who have disputes with providers of regulated financial services. This Service determines disputes and may award compensation.

    ... in the legislation about consumers taking legal proceedings after accepting an award under the ...3. Common law doctrines preclude a person who has obtained a decision from one court or ... A consumer is a ``natural person acting for purposes outside his trade, ... Lightman J applied the following definition of res judicata. `` A modern and authoritative ...

  • Evans, R (on the application of) v HM Attorney General & Anor, Court of Appeal - Administrative Court, July 09, 2013, [2013] EWHC 1960 (Admin)

    2. I shall nevertheless add some observations of my own in relation to one specific issue raised by the application for judicial review. The possibility that a minister of the Crown may lawfully override the decision of a superior court of record involves what appears to be a constitutional aberration. This problem is inherent in the statutory ov...

    ... the effective date, the accountable person in relation to that authority gives the ... challenge the substantive and procedural legality of any decision, act or omission subject to the ... Article 2 contains definitions, including wide definitions of ``environmental ... personal data and/or files relating to a natural person where that person has not consented to the ...

  • Secretary of State for Foreign & Commonwealth Affairs v Assistant Deputy Coroner for Inner North London, Court of Appeal - Administrative Court, June 27, 2013, [2013] EWHC 1786 (Admin),[2013] WLR(D) 261

    1. By a Certificate dated 7 February 2013 the Secretary of State for Foreign and Commonwealth Affairs claimed public interest immunity (PII) in respect of a number of documents selected by agreement between counsel to the Inquest and counsel acting on behalf of the Secretary of State as a representative sample in the possession and control of Her M...

    ... is whether the ``properly interested persons'' (PIPs) in the inquest should be ``interested ... Applying the plain and natural meaning of CPR 54.1(2)(f) to the facts of this ... be reviewed in accordance with accepted legal principles. No injustice would be done to the ..., CPR 54.1(2)(f) provides a clear definition of what constitutes an interested party, and ...

  • Warner-Lambert Company, Llc v Actavis Group Ptc & Ors, Court of Appeal - Civil Division, May 28, 2015, [2015] EWCA Civ 556

    1. This appeal raises an issue of construction of a patent claim in ``Swiss'' form, that is to say a claim for the use of a compound in the production of a medicine for use in a particular therapeutic indication. In particular, the appeal is concerned with what is meant by the requirement in such claims that the medicament be ``for'' a therapeutic...

    ... Richard Davis (instructed by the Government Legal Department) for the Secretary of State for ... reasons of confidentiality, or because the person collecting the medicine is not the patient, or ... The claim was for the use of a natural compound (cistus) for making a composition with ... are needed, all that is needed is a definition of its purpose. This definition of purpose or ...

  • M, R (on the application of) v Human Fertilisation and Embryology Authority, Court of Appeal - Civil Division, June 30, 2016, [2016] EWCA Civ 611

    1. The appellants, Mr and Mrs M, appeal from the refusal on 15 June 2015 of Ouseley J to set aside the decision dated 3 September 2014 (``the Decision'') of the Statutory Approvals Committee (``the Committee'') of the respondent (``HFEA'') to refuse the appellants' application to export to the United States the eggs of their late daughter, A, now i...

    ... They can provide services using a person's gametes only where that person consents. ... time as medical science and ethics and the legal duties of treatment providers develop, and, ... techniques can give them, as well as the natural desire of clinicians and scientists to use their ...[10] I should also refer to the definition of 'mother' in s 28: 'the woman who is carrying ...

  • Unite The Union v Nailard (Jurisdictional Points : Worker, employee or neither), Court of Appeal - United Kingdom Employment Appeal Tribunal, September 27, 2016, [2016] UKEAT 0300_15_2709

    1. The ET held that the elected officers were employees of the Respondent under the extended definition in section 83(2) of the Equality Act 2010. Appeal allowed on this ground. The elected officers were not employees under the extended definition. Allonby v Accrington & Rossendale College [2004] IRLR 224, Jivraj v Hashwani [2011] IRLR 827 and H...

    ... of the Respondent under the extended definition in section 83(2) of the Equality Act 2010. ... The ET had applied the wrong legal test; the question was whether the conduct of the ... of apprenticeship or a contract personally to do work''. 22. Section 109 makes provision for ... approach seems to us to accord with the natural meaning of the words in the European and domestic ...

  • Global Draw Ltd v IGT-UK Group Ltd & Anor, Court of Appeal - Commercial Court, September 10, 2014, [2014] EWHC 2973 (Comm)

    1. This is a claim by the claimant, Global Draw Limited, for summary judgment. Global Draw is a subsidiary of Scientific Games Corporation, which is a US company whose business is gaming systems. The first defendant, IGT-UK Group Limited, is an English company which is a subsidiary of International Game Technology, a US corporation also in the ga...

    ... The indemnity is invoked in respect of legal proceedings brought in Italy against Barcrest and ... and amend the SPA to include a revised definition of ``SNAI Matter'', expressly making reference to ... any Group Company or any of their Related Persons in connection with or arising out of:. .. (n) the ... interpretation takes no account of the natural and ordinary meaning of the words the parties ...

  • Newby Foods Ltd, R (on the application of) v Food Standards Agency (No. 2), Court of Appeal - Administrative Court, July 26, 2013, [2013] EWHC 2132 (Admin)

    1. This is the second judgment in this case. In the first judgment I referred the principal questions of interpretation of the relevant EU regulation to the Court of Justice of the European Union. This judgment concerns the Claimant's application for interim relief pending the decision from the Court of Justice. However, to save the reader from

    ... Annex I to the Regulation contains definitions This definition appears also in Article 3, para ... on the bones of cattle, sheep and goats is legal, provided no SRM is included in the production ...iii) The decision was taken in breach of natural justice: the claimant was given no opportunity ... on its face the law of the land, and the person against whom such action is taken challenges the ...

  • The Government of the Republic of France v The Royal Borough of Kensington and Chelsea & Ors, Court of Appeal - Civil Division, June 12, 2017, [2017] EWCA Civ 429

    1. This application concerns 10 Kensington Palace Gardens (``10 KPG''), a Grade II listed building, the freehold of which is owned by the First Interested Party (``the Crown Estate'') subject to a long lease held by the Second Interested Parties (``the Developers''). The building next door, 11 Kensington Palace Gardens (``11 KPG''), is also owned

    ...Kensington and Chelsea Legal Department) for the Defendant. The First ... Act 1991) provides a mechanism by which a person may ascertain whether an existing use or ... 191 and 192 of course chime with the definition of ``development'' in section 55 of the TCPA, and ... That is the natural reading of the words used; and, in my view, there ...