Abolition of civil appeals from Canada. The Board, in referring to the Canadian Constitution said of the 1867 Act that: ‘To such an organic statute, the Canadian Constitution the flexible interpretation must be given that changing circumstances require.’ Judges: Viscount Jowitt Citations: [1947] AC 127 Statutes: Statute of Westminster 1931 2 83, British North America … Continue reading Attorney-General for Ontario v Attorney-General for Canada: PC 1947
Marine insurance – assured – revocation of notice abandonment – before or after commencement of action – effect : Marine insurance – assured – declaration of intention not to make claim for total loss – recovery of property – effect : Marine insurance – ‘waived claim’ – recovery in sue and labour – English law … Continue reading Royal Boskalis Westminster NV and Ors v Trevor Rex Mountain and Others: ComC 18 Dec 1995
The Board was asked as to the competency of a petition for special leave to appeal to the King in Council from a judgment of a court in Quebec in a criminal matter. The petitioners argued that notwithstanding the provisions of a Canadian statute which prohibited such appeals, this class of appeal was external to … Continue reading British Coal Corporation v The King: PC 1935
Land had been acquired by a deed under the 1841 Act, but had in 1995 ceased to be used as a school ‘for the education of children and adults of the labouring manufacturing and other poorer classes . . And for no other purpose ‘. Under the Act, the land would revert to the claimants … Continue reading Fraser and Another v Canterbury Diocesan Board of Finance and others: HL 27 Oct 2005
The claimants asserted a right of light either by prescription or under lost modern grant. The defendants argued that alterations in the windows arrangements meant that any prescription period was restarted. Held: ‘the Defendant is not correct to submit that any significant alteration in a window during the running of the 20 year period, means … Continue reading CGIS City Plaza Shares 1 Ltd and Another v Britel Fund Trustees Ltd: ChD 13 Jun 2012
PC (Cayman Islands) The claimant complained of an order of the Court of Appeal of the Cayman Islands, requiring him to comply with a letter of request from the Grand Court of the Bahamas. Held: In earlier times, Acts of the English parliament were readily held to apply throughout the Empire. Over time two other … Continue reading Al Sabah and Al Sabah v Grupo Torras SA Culmer as trustee of the property of Sheikh Fahad Mohammed Al Sabah, bankrupt: PC 11 Jan 2005
The plaintiffs were Indian Chiefs from Canada. They complained that the 1982 Act which granted independence to Canada, had been passed without their consent, which they said was required. They feared the loss of rights embedded by historical treaties. The Attorney General sought the strike out of the claims. Held: The application for a strike … Continue reading Manuel and Others v Attorney-General; Noltcho and Others v Attorney-General: ChD 7 May 1982
The court considered an application leave to request a judicial review seeking a declaration that treaty obligations entered into by the Crown to the Indian peoples of Canada were still owed by Her Majesty in right of Her government in the UK. Held: The claim failed. The Crown was not single and indivisible but separate … Continue reading Regina v The Secretary of State for Foreign and Commonwealth Affairs, ex parte Indian Association of Alberta: CA 1982
The claimant company said that the 2010 Act was outside the competence of the Scottish Parliament insofar as it severely restricted the capacity of those selling cigarettes to display them for sale. They suggested two faults. First, that the subject matters were reserved to the UK Parliament under the 1998 Act. Second that the Act … Continue reading Imperial Tobacco Ltd v The Lord Advocate: SC 12 Dec 2012
The plaintiffs as representatives of the Indian Tribes of Canada sought declarations that the 1982 Act which provided for the independence of Canada was invalid. They appealed the strike out of their claims, saying that they had not been consulted as required, and that the Act would prejudice their interests. It was said that a … Continue reading Manuel and Others v HM Attorney General: CA 30 Jul 1982
The complainant sought to argue that entry to Europe would be unlawful in that it involved surrender of the sovereignty of the Queen in Parliament. The respondent accepted that the Bill would involve some surrender of power, but that it was a lawful act. Held: The power to enter into Treaties was itself a power … Continue reading Blackburn v Attorney-General: CA 10 May 1971
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
