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Judgment Search Results Home > Cases Phrase: mediation Court: house of lords Page 1 of about 156 results (0.042 seconds)

Jan 30 2008 (FN)

In Re Duffy (Fc) (Appellant) (Northern Ireland)

Court : House of Lords

..... to the parades commission two men with an irredeemable conflict of interest rendering them in effect ineligible for the office. they would have been bound to recuse themselves from mediating or adjudicating upon most of the more contentious disputes before the commission (although this appears to have gone unrecognised before the furore prompted by their appointment) and in any ..... order to reach wise and proportionate decisions. beyond that specific local issue, they would have faced a similar, if less starkly posed, question if they adjudicated or attempted to mediate on contentious loyalist parades in other parts of the province. against the background of their connection with the loyal orders in portadown, whose insistence on their right to parade ..... and the decision of the secretary of state to appoint mr burrows to the parades commission quashed. essentially, both he and mr mackay would be disqualified from adjudicating or mediating upon the great majority of contentious parades, including the weekly application to complete the march down the garvaghy road. yet there is no indication that the appointing panel or ..... my opinion they plainly should have been, the conclusion would have been reached (and certainly should have been reached) that these appointees could not plausibly and lawfully act as mediators or decision-makers in relation to the garvaghy road and similar parades elsewhere, and that they could not, accordingly, play anything approaching a full part in the business of .....

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Feb 27 2008 (FN)

R (on the Application of M) (Fc) (Appellant) Vs. London Borough of Ham ...

Court : House of Lords

..... down irretrievably and in others it may not be safe or desirable for the young person to remain at home (2002, para 8.38; 2006, para 12.8), thus any mediation or reconciliation will need careful brokering and housing authorities may wish to seek the assistance of social services in all such cases (2006, para 12.9; in the earlier version ..... with effect from 25 april but reinstated it that same day when m agreed to see the mediator. she did so the following day, but when they contacted the mother, she made it clear that she was not prepared to engage in ..... mediation or to have m at home any more. the local authority therefore continued to provide m with temporary accommodation at the hotel. she was interviewed about her housing application in ..... is no record of any referral to the local authoritys childrens services department. there was a referral to a mediation service, with a view to exploring the possibility of m going back to her mothers home. the mediator left two telephone messages for m and sent one letter but received no response. accordingly the local authority cancelled her licence .....

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Dec 15 2005 (FN)

Percy (Ap) (Appellant) Vs. Church of Scotland Board of National Missio ...

Court : House of Lords

..... there was a case to answer, and the presbytery began making preparations for holding a trial by libel, that is, trying a formal disciplinary charge against ms percy. at a mediation meeting arranged by the church ms percy was counselled to resign and demit status as a minister. in december 1997 she demitted status, that is, she resigned as an ordained ..... has happened, such an agreement would be possible, even with the help of a skilled and independent mediator. in hoping that it might be, i have in mind that mediation is a process to which each party comes on equal terms, in which the mediator is able to detect and redress any imbalance in their bargaining powers, and through which they are assisted .....

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Feb 04 2009 (FN)

Holmes-moorhouse (Fc) (Original Respondent and Cross-appellant) Vs. Lo ...

Court : House of Lords

..... separate are bound to have to change over time, as the children grow up and their own and their parents circumstances change. parents who have been able or helped, through mediation or in other ways, to agree a solution at the outset are more likely to be able to negotiate those changes for themselves, rather than to have to return to .....

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May 20 2009 (FN)

R (on the Application of G) (Fc) (Appellant) Vs. London Borough of Sou ...

Court : House of Lords

..... completing his gcse examinations in 2006. relations with his mother deteriorated during 2007 and in june she excluded him from home. he approached the local housing authority and they attempted mediation between mother and son. this was unsuccessful and he was once again excluded from home in july. after that he was, as rix lj put it, sofa surfing", sleeping on .....

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Oct 20 2005 (FN)

Campbell (Appellant) Vs. Mgn Limited (Respondents)

Court : House of Lords

..... in which an agreement on costs had been agreed between personal injury lawyers and liability insurers. the civil justice council offered mediation services, although the consultation paper correctly observed that mediations work only if both sides want to try to find a mediated solution (see para 49). 36. there are substantial differences between the costs in personal injury litigation which are the subject .....

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Jul 30 2009 (FN)

Moore Stephens (a Firm) (Respondents) Vs. Stone Rolls Limited (In Liqu ...

Court : House of Lords

..... was, not surprisingly, set high. second, the phraseology developed in the judgment and used in subsequent canadian cases (and some other common law cases: see e.g. in re the mediators, inc., paras. 6-7, discussed in paragraph 239 above, and duke group ltd. v pilmer 73 sasr 180 (1999), para.632. indicates a test which is both more rigid and ..... . chiefscope inc. et al. (cited above), in all of which the directing minds of the relevant companies were the only shareholders, reach the same conclusion. 239. in in re the mediators, inc. 105 f.3d 822 (usac, 2nd cir. 1997), the court held inadmissible a claim by a creditors committee standing in the companys shoes brought against the companys ..... exception to the hampshire land principle, then the need for it seems to me compelling and as good a statement of it as any is to be found in the mediators inc v manney 105 f 3d 822 (1997) already fully set out at para 163 of lord walkers opinion. 201. it is on this basis and this basis alone ..... guiding principle). i accept that caution is needed, but i find the general reasoning in these cases persuasive and in line with the english authorities just mentioned. 163. in the mediators inc v manney 105 f 3d 822 (1997), a decision of the second circuit of the united states court of appeals, applying the law of new york, the court upheld .....

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Jul 30 2008 (FN)

Doherty (Fc) (Appellant) and Others Vs. Birmingham City Council (Respo ...

Court : House of Lords

..... the domestic court the position is very different. for the domestic court (at every level from a district judge to your lordships house) the european convention on human rights is mediated through the hra, which preserves parliamentary sovereignty. all courts have a duty to apply the interpretative obligation in section 3, but no one suggests that section 3 applies here. judges .....

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May 02 2007 (FN)

Obg Limited and Others (Appellants) Vs. Allan and Others (Respondents)

Court : House of Lords

..... the action for breach of confidence to provide a remedy for the unauthorized disclosure of personal information: see campbell v mgn ltd [2004] 2 ac 457. this development has been mediated by the analogy of the right to privacy conferred by article 8 of the european convention on human rights and has required a balancing of that right against the right .....

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May 26 1932 (PC)

M'alister Or Donoghue Vs. Stevenson

Court : House of Lords

..... a third party; and has never even discussed the case of a manufacturer negligently causing an article to be dangerous and selling it in that condition whether with immediate or mediate effect upon the consumer. it is noteworthy that he only refers to "letting or giving" chattels, operations known to the law where the special relations thereby created have a particular .....

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