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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 2012 Page 8 of about 89 results (0.264 seconds)

Nov 28 2012 (FN)

Ruddy (Ap) Vs. Chief Constable, Strathclyde Police and Another

Court : UK Supreme Court

Decided on : Nov-28-2012

..... loss and damage which the pursuer has suffered. that is seen, for this purpose, as a single wrong. and joint and several liability may follow where two different breaches of contract have produced a common result: see grunwald v hughes 1965 slt 209. 23. in barr v neilson (1868) 6 m 651 the pursuer raised an action against a husband and ..... claims arose from a common sequence of events, the grounds of action against the defenders were different. one was the delict of passing off, and the other was breach of contract. the procedure to be followed in an accounting under a passing off claim was quite different from that for a claim of damages for breach of ..... contract: p 1059j-l. lord osborne was unable to see how the court could follow these procedures in one action in a manner that was in accordance with the requirements of .....

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May 21 2012 (FN)

Astrue Vs. Capato

Court : US Supreme Court

Decided on : May-21-2012

astrue v. capato note:?where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. the syllabus constitutes no part of the opinion of the court but has been prepared by the reporter of decisions for the convenience of the reader. see united states v. detroit timber & lumber co., 200 u. s. 321 . supreme court of the united states syllabus astrue, commissioner of social security v. capato, on behalf of b. n. c. et al. certiorari to the united states court of appeals for the third circuit no. 11 159.?argued march 19, 2012 decided may 21, 2012 eighteen months after her husband, robert capato, died of cancer, respondent karen capato gave birth to twins conceived through in vitro fertilization using her husband s frozen sperm. karen applied for social security survivors benefits for the twins. the social security administration (ssa) denied her application, and the district court affirmed. in accord with the ssa s construction of the social security act (act), the court determined that the twins would qualify for benefits only if, as 42 u. s. c. 416(h)(2)(a) specifies, they could inherit from the deceased wage earner under state intestacy law. the court then found that robert was domiciled in florida at his death, and that under florida law, posthumously conceived children do not qualify for inheritance through intestate succession. the third circuit reversed. it concluded that, under 416(e), which .....

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Jul 18 2012 (FN)

The Health and Safety Executive Vs. Wolverhampton City Council

Court : UK Supreme Court

Decided on : Jul-18-2012

lord carnwath (with whom lord hope, lord walker, lord dyson and lord sumption agree) introduction 1. the appeal raises a short issue of construction under the planning acts, on which differing views have been expressed by experienced planning judges in the courts below. it arises in the context of a planning permission granted by the respondent council for four blocks of student accommodation in proximity to a site used for storage of liquefied petroleum gas ("lpg"). the question, as agreed by counsel for the purposes of the appeal, is: "in considering under section 97 of the town and country planning act 1990 whether it appears to a local planning authority to be expedient to revoke or modify a permission to develop land, is it always open to that local planning authority to have regard to the compensation that it would or might have to pay under section 107?" the court of appeal by a majority (longmore and sullivan ljj, pill lj dissenting) [2011] ptsr 645 decided it in the affirmative. 2. unusually, the court is asked to consider this question, not in the context of a specific decision of the council to revoke the permission, but as an abstract point of construction in connection with a decision which may or may not be made in the future. as i understand it, the court of appeal has granted permission to appeal on the footing that the point is one of some general importance on which a definitive decision is desirable. the parties 3. the wolverhampton city council ("the .....

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Jul 04 2012 (FN)

Mulcaire Vs. Phillips

Court : UK Supreme Court

Decided on : Jul-04-2012

..... may be joined by others, some may leave it." 45. similarly lord pearson stated (p 827): "a conspiracy involves an agreement express or implied. a conspiratorial agreement is not a contract, not legally binding, because it is unlawful. but as an agreement it has its three stages, namely (1) making or formation (2) performance or implementation (3) discharge or termination. when ..... of confidence and a duty of privacy in respect of her incoming and outgoing voicemail messages. the pleading also states (para 15) that mr mulcaire was at the time "a contracted employee of ngn" (though counsel did not treat that as relevant to the issues in this appeal). ms phillips claims an injunction, detailed disclosure of information, delivery up of documents .....

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Jun 20 2012 (FN)

Bh (Ap) and Another Vs. the Lord Advocate and Another

Court : UK Supreme Court

Decided on : Jun-20-2012

..... this court, to make that assessment. the strasbourg court has repeatedly said that it will only be in exceptional circumstances that an applicant's private or family life in a contracting state will outweigh the legitimate aim pursued by his or her extradition: king v united kingdom, para 29; babar ahmad v united kingdom (2010) 51 ehrr se6, para 172. in ..... particular crime with an international or cross-border dimension), the court considers that it will only be in exceptional circumstances than an applicant's private or family life in a contracting state will outweigh the legitimate aim pursued by his or her extradition." 46. summing up on this point at the end of para 80 of his opinion, lord reed said ..... by the crown office's international co-operation unit through the european judicial network as to whether children are separately represented in extradition proceedings before the national courts in other contracting states. the responses that were received indicate that the practice in almost every state is for the children not to be separately represented, although in malta the parents can ask .....

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Apr 25 2012 (FN)

Seldon Vs. Clarkson Wright and Jakes (a Partnership)

Court : UK Supreme Court

Decided on : Apr-25-2012

..... ? (1) all the references to the european court discussed above have concerned national laws or provisions in collective agreements authorised by national laws. they have not concerned provisions in individual contracts of employment or partnership, as this case does. however, the bartsch case, mentioned at [2] above, did concern the rules of a particular employers' pension fund; and the prigge case ..... article 6(1) did not preclude national legislation under which university professors are compulsorily retired when they reach 68 and may only work beyond 65 on one year fixed term contracts renewable at most twice, provided that it pursued a legitimate aim linked to employment and labour market policy, such as the delivery of quality teaching and the best possible allocation .....

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Jan 23 2012 (FN)

Reynolds Vs. United States

Court : US Supreme Court

Decided on : Jan-23-2012

reynolds v. united states note:?where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. the syllabus constitutes no part of the opinion of the court but has been prepared by the reporter of decisions for the convenience of the reader. see united states v. detroit timber & lumber co., 200 u. s. 321 . supreme court of the united states syllabus reynolds v. united states certiorari to the united states court of appeals for the third circuit no. 10 6549.?argued october 3, 2011 decided january 23, 2012 the federal sex offender registration and notification act (act) requires convicted sex offenders to provide state governments with, and to update, information, e.g., names and current addresses, for state and federal sex offender registries. it is a crime if a person who is required to register under [the act] and who travels in interstate . . . commerce knowingly fails to register or update a registration. 18 u. s. c. 2250(a). the act defines sex offender to include offenders who were convicted before the act s effective date, 42 u. s. c. 16911(1), and says that the attorney general shall have the authority to specify the applicability of the [registration] requirements to pre-act offenders, 16913(d). the act, which seeks to make more uniform and effective a patchwork of pre-act federal and 50 state registration systems, became law in july 2006. in february 2007, the attorney general .....

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May 24 2012 (FN)

Blueford Vs. Arkansas

Court : US Supreme Court

Decided on : May-24-2012

blueford v. arkansas note:?where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. the syllabus constitutes no part of the opinion of the court but has been prepared by the reporter of decisions for the convenience of the reader. see united states v. detroit timber & lumber co., 200 u. s. 321 . supreme court of the united states syllabus blueford v. arkansas certiorari to the supreme court of arkansas no. 10 1320.?argued february 22, 2012 decided may 24, 2012 the state of arkansas charged petitioner alex blueford with capital murder for the death of a one-year-old child. that charge included the lesser offenses of first-degree murder, manslaughter, and negligent homicide. before the start of deliberations, the trial court instructed the jury to consider the offenses as follows: if you have a reasonable doubt of the defendant s guilt on the charge of capital murder, you will consider the charge of murder in the first degree. . . . if you have a reasonable doubt of the defendant s guilt on the charge of murder in the first degree, you will then consider the charge of manslaughter. . . . if you have a reasonable doubt of the defendant s guilt on the charge of manslaughter, you will then consider the charge of negligent homicide. the court also presented the jury with a set of verdict forms, which allowed the jury either to convict blueford of one of the charged offenses, or to acquit him of .....

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Dec 19 2012 (FN)

Kinloch (AP) Vs. Her Majesty's Advocate (Scotland)

Court : UK Supreme Court

Decided on : Dec-19-2012

lord hope (with whom lady hale, lord mance, lord kerr and lord reed agree) 1. this is an appeal under paragraph 13(a) of schedule 6 to the scotland act 1998, which provides that an appeal lies to this court against a determination of a devolution issue by a court of two or more judges of the high court of justiciary. but the circumstances that have led to its coming here cannot be regarded as satisfactory. it is far from clear that the issue identified in the devolution minute is a devolution issue within the meaning of paragraph 1(d) of schedule 6. as the determination against which the appeal has been brought was taken on paper at the second sift, we do not have a fully reasoned opinion of the judges for the decision that they took to refuse to grant leave to appeal. the motion for leave to appeal to the supreme court against their determination was not opposed by the lord advocate on the question of jurisdiction, although he did oppose it on the ground that it did not raise a matter of general public importance. the appeal court in its turn did not give any reasons when it gave leave to appeal to this court. 2. as a result we are, in effect, having to deal with this case at first instance without having the benefit of the views of the judges of the high court of justiciary as to whether a devolution issue has been raised and, if so, how it should be determined. in follen v hm advocate 2001 sc (pc) 105, para 10 the judicial committee observed that, where the appeal court .....

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Jul 25 2012 (FN)

Grampian Health Board Vs. Hewage

Court : UK Supreme Court

Decided on : Jul-25-2012

lord hope (with whom lady hale, lord mance, lord kerr and lord reed agree) 1. the respondent, mrs sumithra hewage, was born in sri lanka. she has been a british citizen since 1998. she has devoted her professional career to the practice of dentistry. her speciality is orthodontics. on 1 december 1993 she commenced employment with grampian health board ("the board") at aberdeen royal infirmary as a consultant orthodontist. in 1996 she became head of service for the orthodontics department. she resigned from that position on 30 november 2003. on 24 december 2004 she resigned from her employment with the board with effect from 31 march 2005. in september 2005 she commenced proceedings against the board in which she claimed under section 94(1) of the employment rights act 1996 that she had been unfairly dismissed from that employment. she also claimed under the sex discrimination act 1975 and the race relations act 1976 that she had been discriminated against on the grounds of her sex and race. 2. mrs hewage's claims came before an employment tribunal sitting in aberdeen. on the penultimate day of the hearing, which took place on various dates between january and june 2007, it was conceded by counsel for the board that mrs hewage had been constructively and unfairly dismissed. in a judgment which was delivered on 4 december 2007 the employment tribunal held that she had been unlawfully discriminated against on a number of grounds of both sex and race. by a majority decision .....

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