Judicial supervision of detention during the extension period is therefore necessary under article 5(4) of the Convention: see the principles set out in R (Giles) v Parole Board, paras 40-41, which were applied to extended sentences in R (Sim) v Parole Board [2003] EWCA Civ 1845; [2004] QB 1288. The cargo was valued at destination at US$787,186 and the value of the vessel was assessed at US$3,947,096; so cargo interests were liable for 14.
In all these circumstances, we consider it just and proper that bonus should be paid to the workmen. We have already referred to the fact that the Select Committee was not happy about this provision and only permitted it in the Act out of deference to the wishes of preponderating Muslim opinion’. That is not a matter which was determined by the original sentence of the court. This would itself indicate that the Property Advocates India action taken against him was by way of penalty or punishment.
The requirement of judicial supervision is met by the provision made by sections 3A(2) and 17(3) of the 1993 Act for reviews by the Board (explained in para 54 above). The average adjuster, Property Advocates in High Court India Mr Robin Aggersbury of Stichling Hahn Hilbrich, considered that the negotiation period expenses were allowable under Rule F on the basis that they were incurred “during a negotiation period of about 51 days” which enabled “an amount of US$4,150,000 [to be] saved Property Advocates in High Court the common interest of all Property Lawyers India owners concerned, which would otherwise have been recoverable as per Rule A”.
It is true that the proviso to s. Pursuant to those provisions, Littlewoods received payment of simple interest, in accordance with the said provisions, in an amount of GBP 268,159,135, corresponding to interest due over about 30 years, which amount exceeds by more than 23% that of the principal sum, which amounts to GBP 204,774,763. The Report set out the facts in considerable detail, and concluded, by a majority of four members to one, that the negotiation period expenses did not fall within Rule F.
It depends on factors which are “susceptible to change with the passage of time, namely mental instability and dangerousness”: Mansell v United Kingdom (Application No 32072/96) given 2 July 1997 and Thynne, Wilson and Gunnell v United Kingdom (1990) 13 EHRR 666, para 70. Since that system of periodical reviews is predicated on the possibility that prisoners may be reformed, the provision of a real opportunity for rehabilitation forms a necessary element of detention during that period.
44% of the total general average expenditure. “Despite the fact that he holds a certain rank Property Advocate in India the gradation list persons who also belong to the Indian Police Service and who were recruited to it subsequent to him have continued to hold or have been appointed to hold posts carrying salary in the senior scale. 03 lacs with the Company for being utilised for other purposes. Following publication of the adjustment, the cargo interests requested and obtained a report (“the Report”) from the Advisory Committee of the Association of Average Adjusters.
The factors in calculation of rehabilitation accepted by the Tribunal which have been challenged by the workmen are: That consequence also flows from the fact that the lawfulness of detention during the extension period, for the purposes of article 5(1)(a) of the Convention, depends on whether or not the prisoner ceases to present a risk to the public of serious harm. 20% of their annual wages, so that a total sum of Rs.
Of these items, the most controversial is the first item of rehabilitation and that is also the most material one, because, if the figure of annual rehabilitation arrived at by the Tribunal is accepted, it is clear that no surplus can possibly remain out of the profits earned during the year for distribution of bonus. Nor do we think that the provisions of the Act can bear out the contention that it was the Muslim minority which was administering the Aligarh University, after it was brought into existence.
Thirdly, the fact that the prisoner’s detention during the extension period has not been ordered by a court, but depends on recall by the Scottish Ministers, means that it must be supervised by a judicial body. In that regard it should be noted that it is apparent from the order for reference that, under the provisions of section 78 of the VATA 1994, the Commissioners paid Littlewoods interest on the VAT levied in breach of EU law.
In the calculation of rehabilitation, various factors are involved which have been indicated by this Court in the case of Associated Cement Companies(1). It is for the referring court to determine whether that is so in the case at issue Property Lawyers in High Court India the main proceedings, having regard to all the circumstances of the case. 23(1) of the 1920-Act said that “no person other than a Muslim shall be a member of the Court”, which was declared to be the supreme governing body of the Aligarh University and was to exercise all the powers of the University, not otherwise provided for by that Act.
60 lacs out of this surplus will be paid out as bonus, leaving the balance of Rs. For, he has not only been reduced in rank but his promotion to the senior scale has also been withheld. The 51-day period to which he referred was, as explained above, from 30 January to 22 March 2009.