Personal Rights in UK Law
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Ebrahimi v Westbourne Galleries Ltd; Re Westbourne Galleries Ltd
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The words are a recognition of the fact that a limited company is more than a mere judicial entity, with a personality in law of its own: that there is room in company law for recognition of the fact that behind it, or amongst it, there are individuals, with rights, expectations and obligations inter se which are not necessarily submerged in the company structure.
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Brown v Stott (Procurator Fiscal, Dunfermline)
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The jurisprudence of the European Court very clearly establishes that while the overall fairness of a criminal trial cannot be compromised, the constituent rights comprised, whether expressly or implicitly, within article 6 are not themselves absolute.
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Kay v Lambeth City Council; Leeds City Council v Price
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But if the requirements of the law have been established and the right to recover possession is unqualified, the only situations in which it would be open to the court to refrain from proceeding to summary judgment and making the possession order are these: (a) if a seriously arguable point is raised that the law which enables the court to make the possession order is incompatible with article 8, the county court in the exercise of its jurisdiction under the Human Rights Act 1998 should deal with the argument in one or other of two ways: (i) by giving effect to the law, so far as it is possible for it do so under section 3, in a way that is compatible with article 8, or (ii) by adjourning the proceedings to enable the compatibility issue to be dealt with in the High Court; (b) if the defendant wishes to challenge the decision of a public authority to recover possession as an improper exercise of its powers at common law on the ground that it was a decision that no reasonable person would consider justifiable, he should be permitted to do this provided again that the point is seriously arguable: Wandsworth London Borough Council v Winder [1985] AC 461.
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Foskett v McKeown
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It is merely the process by which a claimant demonstrates what has happened to his property, identifies its proceeds and the persons who have handled or received them, and justifies his claim that the proceeds can properly be regarded as representing his property. It identifies the traceable proceeds of the claimant's property. It enables the claimant to substitute the traceable proceeds for the original asset as the subject matter of his claim.
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Attorney-General v Blake (pet. all.)
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In reaching his conclusion the judge applied by analogy the cases mentioned above concerning the assessment of damages when a defendant has invaded another's property rights but without diminishing the value of the property. However, it is not easy to see why, as between the parties to a contract, a violation of a party's contractual rights should attract a lesser degree of remedy than a violation of his property rights.
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Grant v State
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Re Officer L
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As the ECtHR stated in paragraph 116 of Osman, the applicant has to show that the authorities failed to do all that was reasonably to be expected of them to avoid the risk to life. The standard accordingly is based on reasonableness, which brings in consideration of the circumstances of the case, the ease or difficulty of taking precautions and the resources available.
- The Copyright and Rights in Performances (Personal Copies for Private Use) Regulations 2014
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Data Protection Act 2018
... ... (1) This Act makes provision about the processing of personal data ... (2) Most processing of personal data is subject to the F51UK ... data subject's consent or another specified basis,(b) conferring rights on the data subject to obtain information about the processing of personal ... ...
- The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019
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Legitimacy Act 1926
... ... take any interest in real or personal property save as is ... hereinafter in this Act expressly provided ... Court as if it had been originally commenced therein ... Rights of legitimated persons, &c., to take interests in property.3 Rights of ... ...
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Social Rights as Components in the Civil Right to Personal Liberty: Another Step Forward in the Integrated Human Rights Approach?
The article seeks to get closer to an understanding of the legal implications of the notion of the indivisibility of human rights as distinct from the philosophical implications. While the first pa...
- The African Commission on Human and Peoples' Rights and the Admissibility of Evidence Obtained as a Result of Torture, Cruel, Inhuman and Degrading Treatment: Egyptian Initiative for Personal Rights and Interights v Arab Republic of Egypt
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Public prosecutors and the right to personal liberty: An analysis of the jurisprudence of the UN Human Rights Committee and the European Court of Human Rights
This article discusses the approach of the United Nations Human Rights Committee (HRC) and the European Court of Human Rights (ECtHR) to interpreting and applying the right to personal liberty, in ...
- The Sting is Always in the Tail. The Personal Scope of Application of the EU Charter of Fundamental Rights
- Bankruptcy: Court Protects Personal Pension Rights
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Tribunal Rules That Use of Personal Data by UK Intelligence Services Breached Human Rights
In a landmark ruling, the Investigatory Powers Tribunal has held that UK Intelligence Services, including MI5, MI6 and GCHQ, collected and used personal data in breach of Article 8 of the European ...
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Barbulescu – Employers' Rights to Access Employees’ Emails/Personal Internet Usage
The Press has given a lot of coverage to last Tuesday’s European Court of Human Rights (ECHR) decision in Barbulescu. See Times article, “Employers allowed to look at your private messages”. ...
- European Court Of Human Rights Holds That Monitoring Of Employee's Personal Messages On Work-Related Account Infringed His Privacy Rights
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Financial statement for a financial order (Matrimonial Causes Act 1973 / Civil Partnership Act 2004) / for financial relief after an overseas divorce etc
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.... ... You will need to provide the court with details of all your pension rights, and any ... Pension Protection Fund compensation entitlement (whether ... membership of a personal (i.e. privately arranged) pension scheme ... If you have been provided ... ...
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Your rights to legal representation and to see the tribunal doctor
Mental Health Tribunal forms including application and pre-hearing examination forms.... ... PO Box 8793 ... Leicester LE1 8BN ... The Ministry of Justice and HM Courts and Tribunals Service processes personal information about you ... in the context of tribunal proceedings ... For details of the standards we follow when processing your data, please visit ... ...
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Order for extension of time to register a Bill of Sale or an affidavit of renewal thereof (Bills of Sale Act 1878, s.14; PD8A para 10A.3)
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.... ... )] is extended to (date), but this order is without prejudice to the rights of parties acquired prior to the time when [the said bill of sale] [the ... ...
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Ask the court to make a non-molestation order or an occupation order
Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).... ... You are having, or have had an intimate ... personal relationship which is or was of ... significant duration ... One of you is ... into which you fit ... a spouse or civil partner who has home rights ... in the dwelling-house, or a person who is ... entitled to occupy it by ... ...