Court : UK Supreme Court
Decided on : Nov-09-2011
..... in relation to acquisition or improvement of the family asset that they did form an actual common intention as to the legal consequences of their acts upon the proprietary rights in the asset the court must impute to them a constructive common intention which is that which in the court's ..... luxor (eastbourne) ltd v cooper  ac 108, 137, per lord wright. or the point under the law prior to the contracts (applicable law) act 1990 as to whether (in the absence of an express choice) the proper law of the contract depended on an intention to be inferred from the circumstances ..... other party to be manifested by that party's words and conduct notwithstanding that he did not consciously formulate that intention in his own mind or even acted with some different intention which he did not communicate to the other party" (lord diplock in gissing v gissing  ac 886, 906). ..... ms jones began proceedings in the southend county court in october 2007, claiming a declaration under section 14 of the trusts of land and appointment of trustees act 1996: (i) that she owned the entire beneficial interest in 39 badger hall avenue; alternatively (ii) if mr kernott had any beneficial interest in 39 ..... party to be manifested by that party's words or conduct notwithstanding that he did not consciously formulate that intention in his own mind or even acted with some different intention which he did not communicate to the other party." this point has been developed by nick piska, "intention, fairness and .....Tag this Judgment!
Court : UK Supreme Court
Decided on : Jul-27-2011
..... to determine the dispute between the parties in accordance with the principles of english law. that requires some knowledge of the law itself, including the provisions of the arbitration act 1996, and an ability to conduct the proceedings fairly in accordance with the rules of natural justice, but it does not call for any particular ethos. membership of the ..... because the available courts are considered insufficiently expert for the particular dispute, or insufficiently sensitive to the parties' positions, culture, or perspectives)." 62. under section 34 of the 1996 act (referred to above) the arbitrators have complete power over all procedural and evidential matters, including how far the proceedings should be oral or in writing, whether or not to apply ..... rendered unlawful and was void because it contravened the regulations. the regulations 6. the regulations were made in the exercise of powers conferred by the european communities act 1972 following the making of the council framework directive 2000/78/ec of 27 november 2000 (oj 2000 l303, p 16) ("the directive") which, by article 1, was ..... ismaili community. mr hashwani subsequently issued an arbitration claim form seeking an order that sir anthony be appointed sole arbitrator pursuant to section 18(2) of the arbitration act 1996 ("the 1996 act"). the application was made on the basis that the requirement that the arbitrators be members of the ismaili community, although lawful when the agreement was made, had been .....Tag this Judgment!