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Judgment Search Results Home > Cases Phrase: mediation Sorted by: recent Court: house of lords Year: 2005 Page 1 of about 21 results (0.013 seconds)

Dec 15 2005 (FN)

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

Court : House of Lords

Decided on : Dec-15-2005

..... 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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Oct 20 2005 (FN)

Campbell (Appellant) Vs. Mgn Limited (Respondents)

Court : House of Lords

Decided on : Oct-20-2005

..... 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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Jan 27 2005 (FN)

Gregg (Fc) (Appellant) Vs. Scott (Respondent)

Court : House of Lords

Decided on : Jan-27-2005

lord nicholls of birkenhead my lords, 1. this appeal raises a question which has divided courts and commentators throughout the common law world. the division derives essentially from different perceptions of what constitutes injustice in a common form type of medical negligence case. some believe a remedy is essential and that a principled ground for providing an appropriate remedy can be found. others are not persuaded. i am in the former camp. 2. this is the type of case under consideration. a patient is suffering from cancer. his prospects are uncertain. he has a 45% chance of recovery. unfortunately his doctor negligently misdiagnoses his condition as benign. so the necessary treatment is delayed for months. as a result the patient's prospects of recovery become nil or almost nil. has the patient a claim for damages against the doctor? no, the house was told. the patient could recover damages if his initial prospects of recovery had been more than 50%. but because they were less than 50% he can recover nothing. 3. this surely cannot be the state of the law today. it would be irrational and indefensible. the loss of a 45% prospect of recovery is just as much a real loss for a patient as the loss of a 55% prospect of recovery. in both cases the doctor was in breach of his duty to his patient. in both cases the patient was worse off. he lost something of importance and value. but, it is said, in one case the patient has a remedy, in the other he does not. 4. this would make .....

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Dec 15 2005 (FN)

Davidson (Ap) (Appellant) Vs. Scottish Ministers (Respondents) Scotlan ...

Court : House of Lords

Decided on : Dec-15-2005

lord nicholls of birkenhead my lords, 1. english courts have power to make coercive orders, prohibitory and mandatory, against ministers of the crown. this was decided authoritatively by your lordships' house in m v home office [1994] 1 ac 377. the question raised by this appeal is whether, in the context of judicial review proceedings, scottish courts have similar jurisdiction in respect of scottish ministers, that is, members of the scottish executive. 2. it would be surprising if this were not so. but on this appeal the scottish ministers contend that the crown proceedings act 1947 leads inescapably to the opposite conclusion. the proceedings 3. the proceedings have an unusual history. for present purposes the essential facts are simple indeed. scott davidson spent 18 months in barlinnie prison, glasgow, between april 2001 and august 2002. initially he was there on remand and later as a convicted prisoner. while there he complained to the prison governor about prison conditions: gross overcrowding, inadequate sanitary facilities and poor regime activities. he said detention in these conditions was inhuman or degrading treatment contrary to article 3 of the european convention on human rights. 4. on 24 october 2001 he presented a petition for judicial review in the court of session. he sought a declarator that he was being detained in conditions incompatible with article 3, an order ordaining the scottish ministers to secure his transfer to prison conditions compliant with .....

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Dec 08 2005 (FN)

A and Others (Appellants) (Fc) and Others Vs. Secretary of State for t ...

Court : House of Lords

Decided on : Dec-08-2005

lord bingham of cornhill my lords, 1. may the special immigration appeals commission ("siac"), a superior court of record established by statute, when hearing an appeal under section 25 of the anti-terrorism, crime and security act 2001 by a person certified and detained under sections 21 and 23 of that act, receive evidence which has or may have been procured by torture inflicted, in order to obtain evidence, by officials of a foreign state without the complicity of the british authorities? that is the central question which the house must answer in these appeals. the appellants, relying on the common law of england, on the european convention on human rights and on principles of public international law, submit that the question must be answered with an emphatic negative. the secretary of state agrees that this answer would be appropriate in any case where the torture had been inflicted by or with the complicity of the british authorities. he further states that it is not his intention to rely on, or present to siac or to the administrative court in relation to control orders, evidence which he knows or believes to have been obtained by a third country by torture. this intention is, however, based on policy and not on any acknowledged legal obligation. like any other policy it may be altered, by a successor in office or if circumstances change. the admission of such evidence by siac is not, he submits, precluded by law. thus he contends for an affirmative answer to the .....

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Oct 27 2005 (FN)

Regina Vs. Rimmington (Appellant) (on Appeal from the Court of Appeal ...

Court : House of Lords

Decided on : Oct-27-2005

lord bingham of cornhill my lords, 1. these appeals, heard together, raise important and difficult questions concerning the definition and ingredients, today, of the common law crime of causing a public nuisance. the appellants contend that, as applied in their cases, the offence is too imprecisely defined, and the courts' interpretation of it too uncertain and unpredictable, to satisfy the requirements either of the common law or of the european convention on human rights. a question also arises on the mens rea which must be proved to establish the offence. 2. the facts of the two cases are quite different. mr rimmington was charged in an indictment containing a single count of public nuisance, contrary to common law. the particulars were that he "between the 25th day of may 1992 and the 13th day of june 2001, caused a nuisance to the public, namely by sending 538 separate postal packages, as detailed in the schedule , containing racially offensive material to members of the public selected by reason of their perceived ethnicity or for their support for such a group or randomly selected in an attempt to gain support for his views, the effect of which was to cause annoyance, harassment, alarm and/or distress." no evidence has yet been called or facts formally admitted, but it is not effectively in dispute that mr rimmington sent the packages listed in the schedule to the identified recipients, some of them prominent public figures, between the dates specified. the .....

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Oct 27 2005 (FN)

Fraser and Another (Appellants) Vs. Canterbury Diocesan Board of Finan ...

Court : House of Lords

Decided on : Oct-27-2005

lord nicholls of birkenhead my lords, 1. i have had the advantage of reading in draft the speeches of my noble and learned friends lord hoffmann and lord walker of gestingthorpe. for the reasons they give, with which i agree, i would allow this appeal. lord hoffmann my lords, 2. by a deed dated 5 april 1866 jane mercer and lewis wigan conveyed land in maidstone to trustees under the terms of the school sites act 1841 (4 and 5 vict, c 38) on trust "to permit the said premises and all buildings thereon erected or to be erected to be forever hereafter appropriated and used as and for a school for the education of children and adults of the labouring manufacturing and other poorer classes in the ecclesiastical district of saint philip maidstone aforesaid and for no other purpose." 3. the deed went on to provide that the school should always be "in union with and conducted according to the principles and in furtherance of the ends and designs of the national society for promoting the education of the poor in the principles of the established church throughout england and wales". there followed detailed provisions for ensuring that the management of the school should always be in the hands of members of the church of england. the canterbury diocesan board of finance ("the dbf") are successors in title to the original trustees. 4. section 2 of the school sites act 1841 empowers both fee simple and more limited owners to grant in fee simple up to one acre of land "as a site for .....

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Oct 20 2005 (FN)

College of Estate Management (Respondents) Vs. Her Majesty's Commissio ...

Court : House of Lords

Decided on : Oct-20-2005

lord steyn my lords, 1. i have read the opinion of my noble and learned friend lord walker of gestingthorpe. i agree with his analysis of the case. i would also allow the appeal. lord hutton my lords, 2. i have had the advantage of reading in draft the opinion of my noble and learned friend lord walker of gestingthorpe. i agree with it and for the reasons which he gives i would also allow the appeal. lord rodger of earlsferry my lords, 3. i have had the advantage of considering in draft the speech which my noble and learned friend, lord walker of gestingthorpe, is to deliver. i agree with it but add some short observations of my own since the house is to allow the appeal while rejecting one of the main planks in the commissioners' argument in support of it. 4. article 13a(1)(i) of council directive 77/388/eec ("the sixth directive") requires member states to exempt from value added tax inter alia young people's education and vocational training, including the supply of services and of goods closely related thereto, if provided by certain bodies. the united kingdom has complied with this obligation by enacting section 31(1) of, and group 6 in schedule 9 to, the value added tax act 1994 ("the act") which make the provision by an eligible body of education an exempt supply (item no 1(a)). also exempt (item no 4) is the supply by the eligible body of any goods or services, other than examination services, which are closely related to the provision of education, provided that the .....

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Oct 20 2005 (FN)

Synthon Bv (Appellants) Vs. Smithkline Beecham Plc (Respondents)

Court : House of Lords

Decided on : Oct-20-2005

lord bingham of cornhill my lords, 1. i have had the privilege of reading in draft the opinion of my noble and learned friend lord hoffmann. i am in full agreement with it and would, for the reasons he gives, allow the appeal and restore the decision of jacob j. lord hoffmann my lords, the invention 2. paroxetine is a compound used to treat depression and related disorders. it has for some time been marketed in the form of its hydrochloride hemihydrate salt under the name paxil or seroxat. these proceedings arise out of the more or less simultaneous discovery in about 1997 by the appellants synthon bv, a dutch pharmaceutical company, and the respondents, smithkline beecham plc ("sb"), a uk pharmaceutical company, that a different paroxetine salt, paroxetine methanesulfonate ("pms"), has properties which make it more suitable for pharmaceutical use. it is more stable, less hygroscopic and much more soluble, so that it can be prepared in higher concentrations. the synthon disclosure 3. on 10 june 1997 synthon filed an international application under the patent cooperation treaty for a patent which claimed a broad class of sulfonic acid salts including pms. this was published on 17 december 1998. the specification said that a known useful salt of paroxetine was the hydrochloride in various forms but that each of them had, to a greater or lesser extent, disadvantages for safe handling and formulation. the object of the invention was to provide a compound with improved .....

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Oct 13 2005 (FN)

Regina Vs. Secretary of State for Foreign and Common Wealth Affairs (A ...

Court : House of Lords

Decided on : Oct-13-2005

lord bingham of cornhill my lords, 1. to fish for patagonian toothfish in the maritime zone adjacent to south georgia and the south sandwich islands ("sgssi") it is necessary to hold an annual licence. licences are granted by the director of fisheries of sgssi. they are a valuable commercial asset, since the fishing is very profitable. quark fishing limited, a falkland islands company, obtained such a licence for its motor vessel jacqueline in each year from 1997-2000. in 2001 it applied again. but the secretary of state for foreign and commonwealth affairs on 7 june 2001 formally instructed the commissioner of sgssi to direct the director of fisheries of sgssi to allocate licences for the 2001 season in a way which precluded the grant of a licence to quark for jacqueline. the instruction was followed and the licence withheld. quark challenged the lawfulness of the secretary of state's instruction on conventional public law grounds, and succeeded both in the high court and on appeal: [2001] ewhc admin 1174; [2002] ewca civ 1409. there is no further appeal on that aspect of the case. but an issue remains whether quark is entitled to damages. on that issue, raised by an application to strike out, decisions adverse to quark have been made by collins j at first instance ([2003] ewhc 1743 (admin)) and the court of appeal (pill, thomas and jacob ljj, [2004] ewca civ 527, [2005] qb 93). it is now accepted that quark can recover damages against the secretary of state only if it can .....

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