Proper Provision in UK Law
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Roger Moore (by his Litigation Friend Pamela Moore) v Stephen Moore
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As I have already emphasised, Stephen's expectation has always been that he would inherit the farm on the death of the survivor of his parents, with proper provision being made for Pamela in the meantime. By the time of the trial, however, it was already abundantly clear that this was no longer a realistic scenario.
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Thomas v Thomas
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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.
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Anisminic Ltd v Foreign Compensation Commission
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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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Bank of Credit and Commerce International SA ((in Liquidation)) v Ali (No. 1)
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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.
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Wilsons and Clyde Coal Company v English
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This House held that on the contrary the statutory duty was personal to the employer, in this sense that he was bound to perform it by himself or by his servants. The same principle in my opinion applies to those fundamental obligations of a contract of employment which lie outside the doctrine of common employment, and for the performance of which employers are absolutely responsible. The obligation is fulfilled by the exercise of due care and skill.
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MacLeod v MacLeod
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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.
The Board would also agree that the circumstances in which the agreement was made may be relevant in an ancillary relief claim. Family relationships are not like straightforward commercial relationships. We must assume that each party to a properly negotiated agreement is a grown up and able to look after him- or herself. At the same time we must be alive to the risk of unfair exploitation of superior strength.
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Space Industry Act 2018
... ... Space Industry Act 20182018 c. 5An Act to make provision about space activities and sub-orbital activities, and for connected ... do the things authorised by the licence, and is otherwise a fit and proper person to do them;(b) the persons who are expected to do, on the ... ...
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Children and Families Act 2014
... ... Children and Families Act 20142014 c. 6An Act to make provision about children, families, and people with special educational needs or ... 1996 (which confers power on the Secretary of State to secure the proper performance of local authority education functions, and is applied to ... ...
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Anti-social Behaviour, Crime and Policing Act 2014
... ... 12An Act to make provision about anti-social behaviour, crime and disorder, including provision about ... person has made reasonable enquiries to find out the name or proper address of the occupier of the premises (or, if the premises are ... ...
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Community Empowerment (Scotland) Act 2015
... ... ) Act 20152015 asp 6An Act of the Scottish Parliament to make provision about national outcomes; to confer functions on certain persons in ... of the community have control of the SCIO,(f) provision ensuring proper arrangements for the financial management of the SCIO,(g) provision that, ... ...
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Relation between internet financial information disclosure and internal control in Spanish local governments
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 ... ...
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Towards flexible evaluation schemes in areas with lacking information: a case of waste governance in Mexico
Local governments face the need to achieve sustainability in the provision of public services, and to do so, proper governance is essential. This work proposes a method to assess governance in loca...... ... governments face the need to achieve sustainability in the provision of publicservices, and to do so, proper governance is essential. This work ... ...
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Towards flexible evaluation schemes in areas with lacking information: a case of waste governance in Mexico
Local governments face the need to achieve sustainability in the provision of public services, and to do so, proper governance is essential. This work proposes a method to assess governance in loca...... ... governments face the need to achieve sustainability in the provision of publicservices, and to do so, proper governance is essential. This work ... ...
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An innovative approach for developing and employing electronic libraries to support context‐aware ubiquitous learning
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 ... ...
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Employment News: PCPs, NDAs, unfair dismissal
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 return t...... ... 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 ... ...
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Reviewing Your Will
... ... 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] ... ...
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The Prezzo Restructuring Plan Court Exercises Discretion To Cram Down HMRC Debt; Confirms No Requirement For Company To Provide Consideration To "out Of The Money" Plan Creditors
... ... sanctioned without the discharge of (or proper provision for) HMRC ... preferential liabilities incurred during the plan ... ...
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The Compensation Culture: The Enterprise And Regulatory Reform Act 2013 To The Rescue?
... ... 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 ... ...