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Most recent case entries
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By Law Brief Publishing on 22/07/2014 1:31 PM
The FCA has entered an agreement with Wonga which will see it pay compensation of more than £2.6m to around 45,000 customers for unfair and misleading debt collection practices.
By Law Brief Publishing on 22/07/2014 1:27 PM
The Court allowed an appeal on the grounds of judicial bias, the Judge having expressed at a previous case management hearing that serious allegations made by a Mother with significant learning disabilities against a Father were 'a pack of lies'.
By Law Brief Publishing on 22/07/2014 1:26 PM
The Court of Appeal (CA) held that it was not permissible for the court to make orders requiring three non-party family members (one a minor) of a Mother who had taken her child without permission out of the jurisdiction to lodge their passports with the court. The CA further allowed the appeal against orders endorsed with an unenforceable penal notice requiring a minor to attend court with further information and against findings made as to that child's candour.
By Law Brief Publishing on 22/07/2014 1:25 PM
A must read extradition case dealing with the provisions in section 36 of the Extradition Act 2003 for removal within 10 day period. The CPS/NCA had taken to applying for extensions of time before a master in the High Court (ex parte) when it became clear Requested Persons were applying to Westminster Magistrates Court for discharge under section 36(8) following a failure to remove them in time. This circumvented the Requested Person's application which invariable was not heard before the High C ...
By Law Brief Publishing on 22/07/2014 1:18 PM
This case concerned the construction under a sub-contract with Bluewater by Mercon of a Soft Yoke Mooring System in the Caspian Sea. The sub-contract works were delayed and disputes developed between the parties which led to Bluewater issuing a contractual notice of default followed by a notice of termination. Many issues are covered in the Judgment, including whether Bluewater was correct able to terminate the contract and claim liquidated damages for delay (LDs). On termination, the termina ...
By Euan A. Dow on 18/07/2014 10:52 AM
Note of appeal against conviction:- On 8 October 2013, following a trial on indictment at Paisley Sheriff Court, the appellant was convicted of a charge of assault and robbery whilst on bail. He appealed against his conviction on the following grounds:- (1) that the sheriff erred in repelling an objection made on behalf of the appellant to allow the Crown to lead evidence of a dock identification of the appellant and to the admission of evidence of an identification of the appellant from images ...
By Euan A. Dow on 18/07/2014 10:50 AM
Note of appeal against sentence:- On 12 February 2014 the appellant pled guilty at a trial diet on indictment to two charges of fraud and two charges under the Proceeds of Crime Act 2002. On 12 March 2014 the appellant was sentenced to a period of 43 months imprisonment which had been discounted for the plea at the trial diet from 48 months. The appellant appealed against the sentence imposed. The two charges of fraud involved the appellant applying for and obtaining secured loans in his wife’s ...
By Euan A. Dow on 18/07/2014 10:41 AM
Note of appeal against conviction and sentence:- On 13 September 2013, following a trial on indictment at Stirling Sheriff Court, the appellant was convicted of a charge of breach of the peace. The nature of the offence was that on 24 April 2011, the appellant had posted onto his friends’ pages on Facebook the words: “Neil Lennon’s a f****** c***  Get mare bullets and bombs sent boys. Glasgow Rangers Champions”. The appellant appealed against his conviction and sentence. The appeal against convi ...
By Euan A. Dow on 18/07/2014 10:37 AM
Reference by the Scottish Criminal Cases Review Commission:- On 20 April 2007, at Stirling Sheriff Court, the appellant pled guilty to a breach of the peace, which involved sending inappropriate text messages to a 14 year old boy and contraventions of the Civic Government (Scotland) Act 1982, sections 52(1)(a) and (c), by taking and possessing indecent photographs of children. On 27 June 2007, the sheriff imposed a probation order for 3 years with the conditions that the appellant should attend ...
By Law Brief Publishing on 17/07/2014 1:06 PM
An admission in a defence was an admission that reduced the amount in dispute to a level below the relevant limit for allocation to the small claims track. The Claimant ('C') claimed damages from the Defendant ('D') arising out of a road traffic accident in the sum of £6,392.80. D's defence admitted £2,496 of damages and the case was allocated to the small claims track. C applied for allocation to the fast track, which was refused. Judgment was entered on the full amount of the admi ...
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