MacDonald v Ministry of Defence
Jurisdiction | Scotland |
Judgment Date | 01 June 2001 |
Docket Number | No 1 |
Date | 01 June 2001 |
Court | Court of Session (Inner House - Extra Division) |
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4 cases
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MacDonald v Ministry of Defence
...interpretation of section 22(4). On this I respectfully disagree with the contrary view expressed by Lord Prosser in the Inner House: [2002] SC 1, 7, para 24 Nor can I accept Mr O'Neill's alternative submission that, given the admitted infringements of Mr Macdonald's human rights, prosecut......
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Macdonald v. Scotland (Advocate General), [2003] N.R. Uned. 173 (HL)
...interpretation of section 22(4). On this I respectfully disagree with the contrary view expressed by Lord Prosser in the Inner House: [2002] SC 1, 7, para. 15. [24] Nor can I accept Mr. O'Neill's alternative submission that, given the admitted infringements of Mr. Macdonald's human rights, ......
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Lily Rose Crosset And Others V. Upper Clyde Shipbuilders Ltd (in Liq) And Another
...[5] Counsel for the pursuers referred to various authorities (Mounkman on Damages 11th ed., Parry v Cleaver 1970 A.C. 1, Cantwell v CICB 2002 S.C. 1, Jobling v Associated Dairies 1982 A.C. 794 and Ballantyne v Newealls Insulation 2001 I.C.R. 25) but the principles taken from these cases wer......
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Ornstein v. Starr et al., 2011 ONSC 4220
...situations where further attendances on examination were not required. [67] These cases which I considered include: R. v. Handy , [2002] S.C.1. No. 57 (S.C.C.); Fortunato v. The Toronto Sun , [2001] O.J. No. 3383; Air Canada v. WestJet Airlines Ltd , [2006] O.J. No. 1797 ; Noble v. York Uni......
1 firm's commentaries
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Homophobia: Sex Discrimination By Another Name
...which are so difficult for employers to contend with equitably. FOOTNOTES 1 Roderick Kenneth William MacDonald v Ministry of Defence [2001] IRLR 431 2 Shirley Phyllis Pearce v Governing Body of Mayfield School LTL 31/07/2001 † † The content of this article is intended to provide a general g......
6 books & journal articles
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The curious case of marriage/civil partnership discrimination in Britain
...2 AC 28 (mistaken link to s3 of the Church of Scotland Act 1921 and extra-marital relations).23. Advocate General for Scotland v MacDonald [2002] SC 1 (IH); Grieg v Community Industry[1979] ICR 356 (EAT); Jaffrey v Dept of the Environment, Transport and the Regions [2002]IRLR 688 (EAT); Jam......
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CLEARTEXTUALISM AND SEXUALISM.
...sex-based discrimination but lacking in inclusive language to account for unenumerated classes, see Advocate Gen. for Scot. v. Macdonald [2002] SC 1, [paragraph][paragraph] 7-8 (Lord Kirkwood of Kirkhope), rev'g Advocate Gen. for Scot. v. Macdonald [2001] HRLR (93) See John James Magyar, Th......
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Determining the State of Exception: What Role for Parliament and the Courts?
...a power wasdisproportionatei n the light of other circumstances’(Ajouau and A,B,C and D [2003] Appeals Nos.SC/1/2002, SC/6/2002, SC/7/2002, SC/10/2002, October 29 2003 (the‘generic judgment’), at [14]).The Joint Committee on Human Rights appears toview derogation from the perspectiveof thel......
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Between Human Rights and the Rule of Law: Indefinite Detention and the Derogation Model of Constitutionalism
...a power wasdisproportionatei n the light of other circumstances’(Ajouau and A,B,C and D [2003] Appeals Nos.SC/1/2002, SC/6/2002, SC/7/2002, SC/10/2002, October 29 2003 (the‘generic judgment’), at [14]).The Joint Committee on Human Rights appears toview derogation from the perspectiveof thel......
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