3 questions must be answered before allowing a D’s previous convictions to go before the court to show propensity to commit the offence charged under CJA 2003: 1. Did the history of his convictions establish a propensity to commit offences of the kind charged? 2. Did that propensity make it more likely that D had committed the offence charged? 3. Was it unjust to rely on the previous convictions and, in any event, would the proceedings be unfair if they were admitted? Previous convictions we ...
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The landlord gave the tenant notice to quit and the latter served both a counter-notice for tribunal proceedings and a notice for reference to arbitration. The Agricultural Holdings Act 1986 did not render invalid the counter-notice simply because it was served at the same time as a notice for arbitration.
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The Defendant trespasser was held not to have acquired possessory title to a field by virtue of 12 years continued trespass in accordance with section 75 of the Land Registration Act 1925, as this was incompatible with the European Convention of Human Rights 1950 Protocol 1 Art.1.
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The Appellant successfully appealed against a finding of adverse possession in relation to a strip of land to which the Respondent claimed to have acquired title. The CA found that the Respondent’s erection of a temporary fence with the intention of excluding itself from the strip amounted to an interruption of possession.
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The inclusion of a curfew provision in an ASBO was not legally objectionable as it was prohibitory, with a preventive and protective rationale.
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The vendor of a catering company was entitled to the full payment agreed as she had complied with her obligation under the agreement to introduce business worth a certain value to the company.
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There was no express stipulation as to the time for the repayment of loans made under informal agreements. Accordingly, the loans were either repayable without previous demand or were by implication repayable on demand.
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The right given to a trespasser to acquire possessory title to registered land as against its registered owner by continued trespass over 12 years constituted expropriation of the owner’s property without compensation, which infringed article 1 of the First Protocol of the European Convention on Human Rights, guaranteeing peaceful enjoyment of property.
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The CA held that only in exceptional circumstances should an antisocial behaviour injunction under section 153A of the Housing Act 1996 be made without notice.
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Recent authorities do not indicate a change of approach to the evaluation of, or make it any simpler to diverge from a prior separation agreement.
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