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...consequence extend to the preliminary examination of witnesses to find out what they can prove. In Evans v. London Hospital Medical College and Others [1981] 1 W.L.R. 184...found such a brick or drug. In my judgment Drake J. was correct in Evans v. London Hospital Medical College and Another [1981] 1 W.L.R. 184 to have held that...Hospital Medical College and Others [1981] 1 W.L.R. 184, 191H Drake J. said that the immunity must extend not only to the giving of evidence in court and formal statements made in...
...Divisional Court relied is Dunkley v.Evans [1981] 1 W.L.R. 1522. The West Coast Herring (Prohibition - 7 - of Fishing) Order 1978 (S.I. 1978 No. 930.... Evans [1981] 1 W.L.R. 1522 and Olsenv. City of Camberwell [1926] V.L.R. 58; orders underdelegated statutory powers: see Blackpool Corporation.... Evans [1981] 1 W.L.R. 1522, 1525, - 15 - Ormrod L.J. said: 'the court will not and cannot rewritecontracts, and so confine...
...theory goes a longway towards determining the requirements of fairness with which the practiceshould conform. The judgment of Shaw L.J. in Payne v. Lord Harris ofGreenwich [1981] 1 W.L.R. 754.... It remains to comment briefly on the decision of the Court of Appealin Payne v. Lord Harris of Greenwich [1981] 1 W.L.R. 754, on the duties ofdisclosure in...Direction (Crime: Life Sentences) [1993] 1 W.L.R. 223. The trialjudge will also, as in the past, make a written report to the Home Secretary,through the Lord Chief Justice...
...Evans v. London Hospital and Others [1981] 1 W.L.R. 184. But I do not see how that case helps. The third and fourth defendants in that case were clearly potential...with the test proposed by Drake J. in Evans v. London Hospital Medical College (University of London) [1981] 1 W.L.R. 184, 192: ". . . the protection...outside it. In between, there is some disputed ground. In Evans v. London Hospital Medical College (University of London) [1981] 1 W.L.R. 184 Drake J. held that...
...also with the requirement of a degree of physical intimacy, derived from the judgment of Dunn L.J. in Packer's case [1981] 1 W.L.R. 1017, which has often been stated to be implicit in...Appeal in Regina v. National Insurance Commissioner, Ex parte Secretary of State for Social Services [1981] 1 W.L.R. 1017 took a broader view of the meaning of the word. Mrs Packer, a...[1981] 1 W.L.R. 1017, 1023 to which I have already referred and which, like Lord Bridge in Woodling, I find helpful--viz: "To my mind the word 'functions' in its physiological or bodily...
...loan: compare Wadsworth v. Lydall [1981] 1 W.L.R. 598. An award of interest under the statute from the earlier date would therefore be double counting. On...of claims for loss which is purely financial (or economic, as it is sometimes described). In Forster v. Outred & Co. [1982] 1 W.L.R. 86, 94, Stephenson L.J. recorded the...best to assess the loss. This prompted the trenchant observation of Bingham L.J. in D.W. Moore and Co. Ltd. v. Ferrier [1988] 1 W.L.R. 267, 280E: "If, in...
...prolonging treatment as shown by such English authority as there is: see In re B. (A Minor) (Wardship: Medical Treatment) [1981] 1 W.L.R. 1421, 1424B–G; In re C. (A Minor) (Wardship: Medical...: see Reg. v. Malcherek [1981] 1 W.L.R. 690, 696G–697G and Reg. v. Cheshire [1991] 1 W.L.R. 844. In summary, the treatment decision taken by the doctor must be one...” principle propounded in Bolam v. Friern Hospital Management Committee [1957] 1 W.L.R. 582 has no application here. In relation to feeding and the withdrawing of...
...statutory discretion. There are two more cases to which I need to refer. The first isWadsworth v. Lydall [1981] 1 W.L.R. 598, and...[1981] 1 W.L.R. 598, I should have thought that a strong, ifnot an overwhelming, case would have been made out for yourLordships' House, in order to do justice to creditors in all...this field to which I havereferred, and since the scope of the London, Chatham and DoverRailway case has been qualified to a significant extent by Wadsworthv. Lydall [1981] 1 W.L.R. 598...
...the Court of Appeal, I derive no help from Cicutti v. Suffolk County Council [1981] 1 W.L.R. 558 where the Vice-Chancellor would seem to have equated...rely on his unlawful residence as constituting ordinary residence (even though in a tax case the Crown may be able to do so): In re Abdul Manan [1971] 1 W.L.R. 859, and Reg. v...attached importance to the purpose or reason for a person's presence in the United Kingdom: Reg. v. Barnet B. C. [1981] 2 W.L.R. 86. In their view, there must be shown an intention to...
...the case of Chanel Ltd. v. F.W. Woolworth & Co. Ltd . [1981] 1 W.L.R 485. In that case undertakings were given until trial or further order. An application...MR. JUSTICE LEWISON : 1. On 8th February 2008, Floyd J made an order by consent. The Order which he made related to directions to be followed in an action between W.L...
.... In Evans v. London Hospital Medical College (University of London)[1981] 1 W.L.R. 184 Drake J. held that the immunity extended...ensurethat, in appropriate cases, they were educated in ordinary schools but providedwith specialised educational support. Section 2(1) of the Act of 1981 amended section 8(2)(c) of...carefully.Of course, the test in Bolam v. Friern Hospital Management Committee [1957]1 W.L.R. 582 will apply to them, i.e. they are only bound to exercise...
...to answer. And as regards the no case submission limb 1 of Galbraith [[1981] 1 W.L.R. 1039, 1042B-E], I apply that rule. There is no case no case to answer." [Reference supplied...is no case to answer fails to satisfy the statutory requirement. He referred their Lordships to the well known passage in Galbraith [1981] 1 W.L.R. 1039. Lord Lane C.J. observed (at...------------------ Present at the hearing:- Lord Steyn Lord Hope of Craighead Lord Clyde Lord Hutton Lord Millett [Delivered by Lord Steyn] ------------------ 1. The principal issue on this appeal is...
...." That passage in Salmon J's judgment was quoted by Drake J in his decision in Evans v London Hospital Medical College [1981] 1 All E.R. 715 and [1981] 1 ...Evans v London Hospital Medical College and others [1981] 1 A.E.R. 715 at 720. The immunity does not extend to matters outside the relevant...: (1) conspiracy to pervert the administration of public justice; (2) misfeasance in a public office, and...
...[1981] 1 W.L.R. 184, 192. (2) There was no rational distinction between the complainant's statement to the police and a statement made by any other witness. To deny...question of immunity was again explored in Evans v London Hospital Medical College [1981] 1 W.L.R. 184...proposed by Drake J. in Evans v. London Hospital Medical College (University of London) [1981] 1 W.L.R. 184, 192...
...that it lasted up to 30 minutes on most nights. R(A) 4/78 and Regina v. National Insurance Commissioner, ex parte Secretary of State for Social Services [1981] 1 W.L.R. 1017...1. I allow the claimant's appeal. I set aside the decision of the Newcastle-upon-Tyne appeal tribunal dated 17 July 2003 and I substitute my own decision that the...72(1)(c)(i) of the Social Security Contributions and Benefits Act 1992 provides " a person shall be entitled to the care component of a disability living allowance for any period...
...) [1981] 1 W.L.R. 1383. It follows that all such decisions are so intimately bound up with the trial process that they must be treated as an integral part of it and thus must be...: Reg. v. Hayden [1975] 1 W.L.R. 852. An order that the prosecutor pay the whole or any part of the costs of an acquitted defendant under section 4(1)(b) is not...applicability of s. 28(2) and s. 29(3) of the Senior Courts Act 198123. In R v Maidstone Crown Court ex p London Borough of Harrow [2000] 1 Cr App R...
...suggestion made in the earlier case of Regina v. Phekoo [1981] 1 W.L.R. 1117, 1127, that this House intended to confine the views expressed in Morgan's case to cases of rape. This...later the same point arose and was similarly decided regarding a girl aged eleven: see Director of Public Prosecutions v. Rogers [1953] 1 W.L.R. 1017...reasonable belief. In the pithy phrase of Lawton L.J. in Regina v. Kimber [1983] 1 W.L.R. 1118, 1122, it is the defendant's belief, not the grounds on which it is based, which goes...
... [1981] 1 W.L.R. 1039 where at p. 1042, Lord Lane C.J. gave this description as to the duty of a trial judge where there has been an application for a direction...; R. v. Chatwood [1980] 1 W.L.R. 874, [1980] 1 All E.R. 467, 70 Cr. App. Rep. 39. Such an... R. v. Chatwood, [1980] 1 W.L.R. 874, [1980] 1 All E.R. 467, 70 Cr. App. Rep. 39...
...Galbraith (1981) 73 Cr App R 124 ; [1981] 1 W.L.R. 1039, and in particular the second limb of Lord Lane’s statement of the principles applicable to how ...PROSECUTIONSRESPONDENT-V- M.APPELLANT Judgment of the Court delivered on the 27th day of March, 2015 by Mr. Justice Edwards Introduction 1...as provided for by s.48 of the Offences Against the Person Act, 186 and s. 2 of the Criminal Law (Rape) Act, 1981 as amended by s. 21 of the Criminal Law (Rape) (Amendment) Act 1990. 2...
...) [1981] 1 W.L.R. 1383. It follows that all such decisions are so intimately bound up with the trial process that they must be treated as an integral part of it and thus must be considered as...by virtue of section 29(3) of the Supreme Court Act 1981. As stated by Lord Bridge of Harwich with whom the rest of the Judicial Committee agreed in In re Sampson [1987] 1 WLR...: Introduction 1. The applicant was prosecuted under the Fire Precautions Act 1971 for alleged contraventions of requirements of the Fire Certificate on a six-count...