Proper Provision in UK Law

Leading Cases
  • EI Du Pont de Nemours & Company and Another v Agnew
    • Court of Appeal (Civil Division)
    • 21 Julio 1987

    The service of suit clause did contain a reference to New York, which is the proper law for which the insurers contend. Third, the intended effect of this clause, providing for determination of disputes in accordance with the law of the court in which the insurer is sued, does not suggest that the law of any State of the Union is already the proper law.

  • Thomas v Thomas
    • Court of Appeal (Civil Division)
    • 02 Mayo 1995

    Another is that where a spouse enjoys access to wealth but no absolute entitlement to it (as in the case, for example, of a beneficiary under a discretionary trust or someone who is dependent on the generosity of a relative), the court will not act in direct invasion of the rights of, or usurp the discretion exercisable by, a third party.

  • Bank of Credit and Commerce International SA ((in Liquidation)) v Ali (No. 1)
    • House of Lords
    • 01 Marzo 2001

    To ascertain the intention of the parties the court reads the terms of the contract as a whole, giving the words used their natural and ordinary meaning in the context of the agreement, the parties' relationship and all the relevant facts surrounding the transaction so far as known to the parties. To ascertain the parties' intentions the court does not of course inquire into the parties' subjective states of mind but makes an objective judgment based on the materials already identified.

  • R (Alconbury Developments Ltd) v Secretary of State for the Environment, Transport and the Regions
    • House of Lords
    • 09 Mayo 2001

    The formulation of policies is a perfectly proper course for the provision of guidance in the exercise of an administrative discretion. Indeed policies are an essential element in securing the coherent and consistent performance of administrative functions. Provided that the policy is not regarded as binding and the authority still retains a free exercise of discretion the policy may serve the useful purpose of giving a reasonable guidance both to applicants and decision-makers.

  • Cavendish Square Holding BV v Talal El Makdessi; ParkingEye Ltd v Beavis
    • Supreme Court
    • 04 Noviembre 2015

    The true test is whether the impugned provision is a secondary obligation which imposes a detriment on the contract-breaker out of all proportion to any legitimate interest of the innocent party in the enforcement of the primary obligation. The innocent party can have no proper interest in simply punishing the defaulter. His interest is in performance or in some appropriate alternative to performance.

  • MacLeod v MacLeod
    • Privy Council
    • 17 Diciembre 2008

    In other words, the court is looking for a change in the circumstances in the light of which the financial arrangements were made, the sort of change which would make those arrangements manifestly unjust, or for a failure to make proper provision for any child of the family. On top of that, of course, even if there is no change in the circumstances, it is contrary to public policy to cast onto the public purse an obligation which ought properly to be shouldered within the family.

  • Anisminic Ltd v Foreign Compensation Commission
    • House of Lords
    • 17 Diciembre 1968

    But there are many cases where, although the tribunal had jurisdiction to enter on the enquiry, it has done or failed to do something in the course of the enquiry which is of such a nature that its decision is a nullity. It may in perfect good faith have misconstrued the provisions giving it power to act so that it failed to deal with the question remitted to it and decided some question which was not remitted to it.

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Legislation
  • Community Empowerment (Scotland) Act 2015
    • Scotland
    • 1 de Enero de 2015
    ...... An Act of the Scottish Parliament to make provision about national outcomes; to confer functions on certain persons in ... of football clubs; to make provision for registers of common good property and about disposal and use of such property; to restate and amend the law ......
  • Children's Hearings (Scotland) Act 2011
    • Scotland
    • 1 de Enero de 2011
    ......S-3 . Further provision about National Convener and CHS 3 Further provision about National ... Transfer of staff, property etc. Transfer of staff, property etc. . S-24 . Transfer of staff, ......
  • Electricity (Scotland) Act 1979
    • UK Non-devolved
    • 1 de Enero de 1979
    ....... (1) Subject to the provisions of this section, the districts. of the North and South Boards shall ...money, the acquisition of any property or rights or the disposal. of any property or rights not in their opinion ......
  • Airports Authority Act 1965
    • UK Non-devolved
    • 1 de Enero de 1965
    ......provided or acquired by it under the following provisions of. this Act. . (2) The Authority shall consist of a chairman, a deputy ...whether general or local, and that its property is not to be. regarded as property of, or property held on behalf of, the. ......
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Books & Journal Articles
  • Relation between internet financial information disclosure and internal control in Spanish local governments
    • Núm. 71-2, Marzo 2019
    • Aslib Journal of Information Management
    • 176-194
    Purpose: The application of new public governance by many countries has led to the creation of new management systems in public administration and the development of an effective accounting structu...
    ...... accounting structurewith efficient internal control to guarantee a proper provision of services that meet citizens’requirements.The purpose of ......
  • An innovative approach for developing and employing electronic libraries to support context‐aware ubiquitous learning
    • Núm. 28-6, Noviembre 2010
    • The Electronic Library
    • 873-890
    Purpose: This paper aims to propose an innovative approach to assist teachers in using electronic libraries to develop learning activities for context‐aware ubiquitous learning, in which the learni...
    ...... activities for “Science” and“Social science” courses with proper database schema design and the provision of user ......
  • The strange deaths of section 47
    • Núm. 14-1, Febrero 2012
    • The Journal of Adult Protection
    • 39-48
    Purpose: The purpose of this paper is to evaluate the Law Commission's recommendations concerning the power of removal contained in section 47 of the National Assistance Act 1948. That provision ap...
    ...... people who are seriously ill, living in squalor,or not receiving proper care andit enables them to be taken to hospital or a care home and ...The Commission saysother provisions, such as those in environmental health legislation, the Mental Health Act ......
  • Privilege and public provision in the intellectual welfare state
    • Núm. 61-4, Agosto 2005
    • Journal of Documentation
    • 463-470
    Purpose: The purpose of this paper, originally published in 1956, is to examine the assumptions about people's needs for and rights to information which lie behind the establishment of privately an...
    ...... behind the establishment of privately andpublicly owned libraries, to consider how far these assumptions are valid, and finallyto discuss the proper part to be played by privately owned libraries in the nationallibrary service. I shall begin by identifying these assumptions in quotations ......
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Law Firm Commentaries
  • Employment News: PCPs, NDAs, unfair dismissal
    • JD Supra United Kingdom
    Turning a blind eye – one-off act not a PCP - In Ishola v Transport for London the Court of Appeal confirmed that it was not a provision, criterion or practice to require an employee to ...
    ...... for London the Court of Appeal confirmed that it was not a provision, criterion or practice to require an employee to return to work before a ... var analytics = {. // Properties. version: '0'. , handler: ......
  • Reviewing Your Will
    • Mondaq United Kingdom
    ...... on the extent to which individuals feel they have made adequate provision for their dependants prior to making any charitable gifts – and whether ... Making proper provision for your dependants was the subject of Ilott v Mitson [2011] ......
  • The Compensation Culture: The Enterprise And Regulatory Reform Act 2013 To The Rescue?
    • Mondaq United Kingdom
    ......This provision deadens the effect of health and safety breaches in civil claims. No ... and the unfortunate uninsured business who thought they had made proper provision. So what can you do about it? Don't take your eye off health ......
  • Wills In The Time Of Coronavirus
    • Mondaq UK
    ......You should also bear in mind the fact that if you fail to make. proper provision for your family or anyone who is financially. dependent upon you ......
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