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...more than identify a number of milestone appeal decisions in medical treatment cases to make good this observation: In Re B (A Minor) (Wardship: Medical Treatment) [1981] 1 WLR 14...or death. If it is not rebutted, the decision must be followed. For these propositions, reliance is placed upon these decisions: Re W (A Minor) (Medical Treatment: Court's...balancing of two transcendent factors: the preservation of life and personal autonomy. The leading decision in this field is Re W (A Minor) (Medical Treatment: Court's Jurisdiction) [1993] Fam...
.... FA and A B Ltd. [1972] AC 634; (1971) 47 TC 580; [1969] 1 W LR 1627...] 1 W LR 606; [1989] STC 364; Re Charge Card Services Ltd. [1987] Ch 150; Shiu Wing v. Commissioner o f Estate D uty [2000] H K FC A 64.... FA & A B Ltd. (1971) 47 TC 580; [1968] 1 W LR 1401 by M egarry J. between ( 1 ) transactions which have fiscal elements in them but which...
... 2 1 2 T a x C a s e s , V o l . 68 W hatever m ay be the true or final num bers in this case the fact is, in my A judgm ent, th a t the R...co m p u ta tio n s the R evenue w ould have no reason to look back a t the estim ated p ro fit schedules received som e tim e earlier a t stage 1, an d in p rac tice d id n o t do so. B ut since ...assessm ent a t stage 1 h ad been based on substan tia lly the sam e ca lcu la tion as w as particu la rised a t stage 2 an d the re fo re m ust have taken the benefit o f loss relief. ...
...(a minor) (1990) 9 BMLR 1, Re W. (a minor) (1992) 4 All ER 648, Re O. (1993) 4 Med LR 272; Re ...Kingdom, Canada and Australia - must next be considered. The cases principally discussed in the course of argument were Re E. (a minor) (1990) 9 BMLR 1 (the overriding of the refusal of...parents for religious reasons to consent to a blood transfusion for their 15 year old son); Re W. (a minor) (1992) 4 All ER 648 (in which the court ordered a ...
...have been made recently regarding proof of allegations of sexual abuse of children: see In re G (A Minor) (Child Abuse: Standards of Proof) [1987] 1 W.L.R 1461,1466, and In re W...v. H (Minor) (Child Abuse: Evidence) [1990] Fam. 86, 94, 100, In re M (A Minor) (Appeal) (No 2) [1994] 1 F.L.R. 59,67, and In re W (minors) (Sex..., in In re G (A Minor) ( Child Abuse: Standard of Proof) [1987] 1 W.L.R. 1461,1466, and In re W (Minors) (Sexual Abuse: Standard of Proof) [1994] 1 F.L.R. 419...
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...by, are not being realised will sooner or later become a disproportionate interference with the child's primary Art 8 rights: see Re W and B; Re W (Care Plan...section 38(1): "s38 Interim orders(1) Where (a) [ ]; or(b) The court gives a direction under section 37(1...a local authority were submitting that a voluntary agreement would be sufficient to protect a child against risk can be found in Re N (Leave to Withdraw Care Proceedings) [2000] 1 FLR...
.... v. Commissioners o f Customs and Excise, ex parte Cook [1970] 1 W LR 450. U nder a statute bookmakers were bound to pay for their licence by two B half-yearly... C o u r t o f A p p e a l— 22, 23 a n d 24 J a n u a r y a n d 27 F e b r u a r y 1980 H o u s e o f L o r d s — 10, 11, 12 a n d 16 M a r c h...378; [1980] STC 261; 124 SJ 189; (HL) [1981] 2 WLR 722; [198112 All ER 93; [1981] STC 260; 125 SJ 325. 501891 A 1...
...e r s o f I n l a n d R e v e n u e v. W il l o u g h b y 59 on the issue whether the then predecessor o f s 739 could apply to a transfer of...follows:— (1) W hether s 739 ("Prevention o f avoidance o f income tax" ) can apply to a transfer o f assets m ade by a transferor a t any time when he was no t ordinarily resident in the...v e n u e v . W i l l o u g h b y 61 A between the U nited K ingdom and the Isle o f M an o f 29 July 1955 (1955 S.I. N o. 1205) as being the "industrial or com m ercial profits o f...
..."touchstone of intolerability" in those cases where a balancing exercise is to be carried out. In Re B (A Minor) (Wardship: Medical Treatment) [1981] 1 WLR 1421, authoris.... The court's position is no different" (para 14). In Re J (A Minor) (Child in Care: Medical Treatment) [1991] Fam 33, at 48, Lord Donaldson MR held that the court could not "require the...proposed by the authority and its doctors." He repeated that view in Re J (A Minor)(Child in Care: Medical Treatment) [1993] Fam 15, at 26-27, when it was clearly the ratio decidendi of...
...case; Robinson v. Scott Bader Co. Ltd. [1981] 1 W LR 1135 and; Mallalieu v. Drummond [1983] 2 AC 861. As a gen- eral m...TaxCases, Vol. 62 W ith such num bers frequent partners' meetings became a practical A impossibility. The partnership agreem ent dated ...t which took place on 1 M ay 1970 with Messrs. G raham & Spoor o f Newcastle, o f which firm M r. J.A. Cooper was a partner. Both M r. W ilson and M r. C ooper gave evidence before us. We also...
...(Abduction: Rights of Custody) [1989] 1 WLR 654 is now commonly held amongst contracting states, as Hale J observed in In re W (Minors) (Abduction: Father's...person may remove the child from the United Kingdom without the written consent of each person with parental authority or the leave of a court (Children Act 1989, s 13(1)(b). In England, the person...Commonwealth of Australia'". In In re W; In re B (Child Abduction: Unmarried Father) [1998] 2 FLR 146, I applied the same approach to rights of veto arising by operation of law. Both...
...series of acts taken together amount to a breach of the implied term? (See Woods v W. M. Car Services (Peterborough) Ltd. [1981] ICR 666.) This is the "last...of law can be derived from the authorities: 1. The test for constructive dismissal is whether the employer's actions or conduct amounted to a repudiatory breach of the contract of...amount to a repudiation of the contract see, for example, per Browne-Wilkinson J in Woods v WM Car Services (Peterborough) Ltd [1981] ICR 666, 672A. The very...
...the 'fruits of a long marital partnership' would be to re-introduce precisely the sort of discrimination the White case [2001] 1 AC 596 was...section 9(1)(b) in section 13(2)(a). There may be other ways of achieving this result. Whatever method is chosen, it seems to me that the principles on which current restrictions are based need to be... My Lords,1. These two appeals concern that most intractable of problems: how to achieve fairness in the division of property following a divorce. In...
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... JISCBAILII_CASE_TORT Phelps v. Mayor Etc. of The London Borough of Hillingdon Anderton and Clwyd County Council and In Re G (A Minor) v. Hampshire County....) (BY HER MOTHER AND NEXT FRIEND) (APPELLANT) v. CLWYD COUNTY COUNCIL (RESPONDENTS) IN RE G (A.P.) (A MINOR) (BY HIS NEXT FRIEND) JARVIS (A.P...School. Her reading was at a very low standard, but Dr. Urquhart, the Director of the Child Guidance Clinic, and it seems Miss Kerbekian, a psychotherapist, thought in late 1981 that Pamela's...
...LORD NEUBERGER: (with whom Lord Sumption and Lord Hughes agree)1. This appeal concerns the interpretation of service charge contribution provisions in the leases of a...[2011] UKSC 50; [2011] 1 WLR 2900. 15. When interpreting a written contract, the court is concerned to identi...function of a court when interpreting an agreement to relieve a party from the consequences of his imprudence or poor advice. Accordingly, when interpreting a contract a judge should avoid re-writing it in...
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....(4th) 1. This extreme position was rejected by this House In re B.(A Minor) (Wardship: Sterilisation) [1988] A.C. 199 which recognisedthat an operation might be in the best...comparable to F.'s, in In Re B. (A Minor)(Wardship: Sterilisation) [1988] A.C. 199. The answer to the firstquestion would have been that, because of the seriousness ofdeciding whether the...person upon whom it is proposed toperform the operation. This approach is consistent with theopinion expressed by Lord Templeman in In re B (A Minor)(Wardship: Sterilisation) [1988] A.C...
...takeover by C&W had been a transfer of undertaking to which the Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE) applied. Also it held that, on that transfer, Mr Muscat became...1. This is the judgment of the Court to which all members have contributed. 2. This appeal raises, on yet another occasion, the problems arising from a...least a year. Section 230(1) of the 1996 Act provides that an employee is: "an individual who has entered into or works under (or where the employment has ceased, worked...