By Francis Ching
The recent version builds upon the vintage content material of its predecessor via incorporating info on concrete, metal, and glazing expertise, power potency in structures, moisture and thermal safety, usual lighting fixtures, masonry, and different subject matters. Any extra insurance of platforms and expertise not in universal use has been streamlined. The association, which follows the common layout technique, has been retained during this version. This booklet will be of curiosity to architects, construction contractors.
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Thus, for example, although these are not expressly mentioned by Article 6, aspects of a fair criminal trial include the right of silence and the right not to incriminate oneself (Saunders v. UK), and the right of the defence in criminal proceedings to have disclosure of material in the hands of the prosecution (Edwards and Lewis v. UK). In determining whether a trial was fair within the meaning of Article 6, it is necessary to consider the issue of ‘equality of arms’. The significance of ‘equality of arms’ is, essentially, that the conditions under which a party is permitted to present his case in court should not place him or her at a substantial disadvantage when compared to the conditions under which the other party is permitted to present their case (Neumeister v.
UK). The requirement that the interference must be necessary in a democratic society means that it must correspond to a pressing social need and must be proportionate to the legitimate aim that it pursues (an example of the application of the concept of ‘proportionality’) (S and Marper v. UK). In assessing whether this is so, the domestic authorities are allowed a ‘margin of appreciation’ (whereby the European Court will respect the domestic authorities’ decision making and effectively grant them discretion as to how to give effect to the rights), though the margin of appreciation will tend to be narrow if the effective enjoyment by an individual of intimate or key rights is at stake (S and Marper v.
Undoubtedly a manufacturer of underpants must realize that potential customers cannot carry out scientific tests to measure sulphur levels before purchasing, and the courts had no difficulty in applying the Donoghue principle. If the court in the Grant case had thought the principle was unsound, it could have sought to distinguish the two cases on the ground that the material facts were not similar. For example, the snail case concerned goods to be consumed internally, whereas the underpants case concerned goods to be worn externally.